Illinois 2023-2024 Regular Session

Illinois House Bill HB2310 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2310 Introduced , by Rep. Will Guzzardi SYNOPSIS AS INTRODUCED: 105 ILCS 5/2-3.71 from Ch. 122, par. 2-3.71 305 ILCS 5/9A-11 from Ch. 23, par. 9A-11 325 ILCS 80/45-10 new325 ILCS 80/45-15 new Amends the Early Childhood Workforce Act. Creates the Early Childhood Workforce Standards Board (Board). Provides that Board members must be appointed within 60 days after the effective date of the amendatory Act. Sets forth the Board's membership. Provides that for State Fiscal Year 2025, and for each state fiscal year thereafter, the Board shall: (1) determine an hourly wage floor, and salaried equivalent, for workers in State-funded early childhood programs which the Board believes will serve to recruit and retain early childhood workers; and (2) determine minimum increments above the wage floor as may be necessary to retain workers in State-funded early childhood programs such as for years of experience or job title. Provides that subject to appropriation, beginning in State Fiscal Year 2025 the Department of Human Services shall implement and administer a program making grants to early childhood worker training programs that value experience, inclusion, equity, and racial justice; and center worker voices and needs such as mentorship, apprenticeships, and peer-led learning. Amends the School Code. Provides that in order to ensure the quality and continuity of services, within 6 months after the effective date of the amendatory Act, all grant agreements shall require each child care center to (i) comply with the wage floor and compensation policies set forth in the Early Childhood Workforce Act, (ii) report quarterly up-to-date contact information for staff to the Department to allow the State Board of Education to communicate with the workers about their rights and supports available to them, (iii) supply the State Board of Education with current copies of its wage scales for classroom and support staff and other matters, and (iv) reconcile expenses quarterly and annually submit a year-end comprehensive financial report in a form prescribed by the State Board of Education. Imposes similar requirements on child care centers in a purchase of service contract with the Department of Human Services under its Child Care Assistance Program. LRB103 29001 KTG 55387 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2310 Introduced , by Rep. Will Guzzardi SYNOPSIS AS INTRODUCED: 105 ILCS 5/2-3.71 from Ch. 122, par. 2-3.71 305 ILCS 5/9A-11 from Ch. 23, par. 9A-11 325 ILCS 80/45-10 new325 ILCS 80/45-15 new 105 ILCS 5/2-3.71 from Ch. 122, par. 2-3.71 305 ILCS 5/9A-11 from Ch. 23, par. 9A-11 325 ILCS 80/45-10 new 325 ILCS 80/45-15 new Amends the Early Childhood Workforce Act. Creates the Early Childhood Workforce Standards Board (Board). Provides that Board members must be appointed within 60 days after the effective date of the amendatory Act. Sets forth the Board's membership. Provides that for State Fiscal Year 2025, and for each state fiscal year thereafter, the Board shall: (1) determine an hourly wage floor, and salaried equivalent, for workers in State-funded early childhood programs which the Board believes will serve to recruit and retain early childhood workers; and (2) determine minimum increments above the wage floor as may be necessary to retain workers in State-funded early childhood programs such as for years of experience or job title. Provides that subject to appropriation, beginning in State Fiscal Year 2025 the Department of Human Services shall implement and administer a program making grants to early childhood worker training programs that value experience, inclusion, equity, and racial justice; and center worker voices and needs such as mentorship, apprenticeships, and peer-led learning. Amends the School Code. Provides that in order to ensure the quality and continuity of services, within 6 months after the effective date of the amendatory Act, all grant agreements shall require each child care center to (i) comply with the wage floor and compensation policies set forth in the Early Childhood Workforce Act, (ii) report quarterly up-to-date contact information for staff to the Department to allow the State Board of Education to communicate with the workers about their rights and supports available to them, (iii) supply the State Board of Education with current copies of its wage scales for classroom and support staff and other matters, and (iv) reconcile expenses quarterly and annually submit a year-end comprehensive financial report in a form prescribed by the State Board of Education. Imposes similar requirements on child care centers in a purchase of service contract with the Department of Human Services under its Child Care Assistance Program. LRB103 29001 KTG 55387 b LRB103 29001 KTG 55387 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2310 Introduced , by Rep. Will Guzzardi SYNOPSIS AS INTRODUCED:
3	3	105 ILCS 5/2-3.71 from Ch. 122, par. 2-3.71 305 ILCS 5/9A-11 from Ch. 23, par. 9A-11 325 ILCS 80/45-10 new325 ILCS 80/45-15 new 105 ILCS 5/2-3.71 from Ch. 122, par. 2-3.71 305 ILCS 5/9A-11 from Ch. 23, par. 9A-11 325 ILCS 80/45-10 new 325 ILCS 80/45-15 new
4	4	105 ILCS 5/2-3.71 from Ch. 122, par. 2-3.71
5	5	305 ILCS 5/9A-11 from Ch. 23, par. 9A-11
6	6	325 ILCS 80/45-10 new
7	7	325 ILCS 80/45-15 new
8	8	Amends the Early Childhood Workforce Act. Creates the Early Childhood Workforce Standards Board (Board). Provides that Board members must be appointed within 60 days after the effective date of the amendatory Act. Sets forth the Board's membership. Provides that for State Fiscal Year 2025, and for each state fiscal year thereafter, the Board shall: (1) determine an hourly wage floor, and salaried equivalent, for workers in State-funded early childhood programs which the Board believes will serve to recruit and retain early childhood workers; and (2) determine minimum increments above the wage floor as may be necessary to retain workers in State-funded early childhood programs such as for years of experience or job title. Provides that subject to appropriation, beginning in State Fiscal Year 2025 the Department of Human Services shall implement and administer a program making grants to early childhood worker training programs that value experience, inclusion, equity, and racial justice; and center worker voices and needs such as mentorship, apprenticeships, and peer-led learning. Amends the School Code. Provides that in order to ensure the quality and continuity of services, within 6 months after the effective date of the amendatory Act, all grant agreements shall require each child care center to (i) comply with the wage floor and compensation policies set forth in the Early Childhood Workforce Act, (ii) report quarterly up-to-date contact information for staff to the Department to allow the State Board of Education to communicate with the workers about their rights and supports available to them, (iii) supply the State Board of Education with current copies of its wage scales for classroom and support staff and other matters, and (iv) reconcile expenses quarterly and annually submit a year-end comprehensive financial report in a form prescribed by the State Board of Education. Imposes similar requirements on child care centers in a purchase of service contract with the Department of Human Services under its Child Care Assistance Program.
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14	14	1 AN ACT concerning children.
15	15	2 Be it enacted by the People of the State of Illinois,
16	16	3 represented in the General Assembly:
17	17	4 Section 5. The School Code is amended by changing Section
18	18	5 2-3.71 as follows:
19	19	6 (105 ILCS 5/2-3.71) (from Ch. 122, par. 2-3.71)
20	20	7 Sec. 2-3.71. Grants for preschool educational programs.
21	21	8 (a) Preschool program.
22	22	9 (1) The State Board of Education shall implement and
23	23	10 administer a grant program under the provisions of this
24	24	11 subsection which shall consist of grants to public school
25	25	12 districts and other eligible entities, as defined by the
26	26	13 State Board of Education, to conduct voluntary preschool
27	27	14 educational programs for children ages 3 to 5 which
28	28	15 include a parent education component. A public school
29	29	16 district which receives grants under this subsection may
30	30	17 subcontract with other entities that are eligible to
31	31	18 conduct a preschool educational program. These grants must
32	32	19 be used to supplement, not supplant, funds received from
33	33	20 any other source.
34	34	21 (2) (Blank).
35	35	22 (3) Except as otherwise provided under this subsection
36	36	23 (a), any teacher of preschool children in the program
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40	40	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2310 Introduced , by Rep. Will Guzzardi SYNOPSIS AS INTRODUCED:
41	41	105 ILCS 5/2-3.71 from Ch. 122, par. 2-3.71 305 ILCS 5/9A-11 from Ch. 23, par. 9A-11 325 ILCS 80/45-10 new325 ILCS 80/45-15 new 105 ILCS 5/2-3.71 from Ch. 122, par. 2-3.71 305 ILCS 5/9A-11 from Ch. 23, par. 9A-11 325 ILCS 80/45-10 new 325 ILCS 80/45-15 new
42	42	105 ILCS 5/2-3.71 from Ch. 122, par. 2-3.71
43	43	305 ILCS 5/9A-11 from Ch. 23, par. 9A-11
44	44	325 ILCS 80/45-10 new
45	45	325 ILCS 80/45-15 new
46	46	Amends the Early Childhood Workforce Act. Creates the Early Childhood Workforce Standards Board (Board). Provides that Board members must be appointed within 60 days after the effective date of the amendatory Act. Sets forth the Board's membership. Provides that for State Fiscal Year 2025, and for each state fiscal year thereafter, the Board shall: (1) determine an hourly wage floor, and salaried equivalent, for workers in State-funded early childhood programs which the Board believes will serve to recruit and retain early childhood workers; and (2) determine minimum increments above the wage floor as may be necessary to retain workers in State-funded early childhood programs such as for years of experience or job title. Provides that subject to appropriation, beginning in State Fiscal Year 2025 the Department of Human Services shall implement and administer a program making grants to early childhood worker training programs that value experience, inclusion, equity, and racial justice; and center worker voices and needs such as mentorship, apprenticeships, and peer-led learning. Amends the School Code. Provides that in order to ensure the quality and continuity of services, within 6 months after the effective date of the amendatory Act, all grant agreements shall require each child care center to (i) comply with the wage floor and compensation policies set forth in the Early Childhood Workforce Act, (ii) report quarterly up-to-date contact information for staff to the Department to allow the State Board of Education to communicate with the workers about their rights and supports available to them, (iii) supply the State Board of Education with current copies of its wage scales for classroom and support staff and other matters, and (iv) reconcile expenses quarterly and annually submit a year-end comprehensive financial report in a form prescribed by the State Board of Education. Imposes similar requirements on child care centers in a purchase of service contract with the Department of Human Services under its Child Care Assistance Program.
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55	55	105 ILCS 5/2-3.71 from Ch. 122, par. 2-3.71
56	56	305 ILCS 5/9A-11 from Ch. 23, par. 9A-11
57	57	325 ILCS 80/45-10 new
58	58	325 ILCS 80/45-15 new
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77	77	1 authorized by this subsection shall hold a Professional
78	78	2 Educator License with an early childhood education
79	79	3 endorsement.
80	80	4 (3.5) Beginning with the 2018-2019 school year and
81	81	5 until the 2023-2024 school year, an individual may teach
82	82	6 preschool children in an early childhood program under
83	83	7 this Section if he or she holds a Professional Educator
84	84	8 License with an early childhood education endorsement or
85	85	9 with short-term approval for early childhood education or
86	86	10 he or she pursues a Professional Educator License and
87	87	11 holds any of the following:
88	88	12 (A) An ECE Credential Level of 5 awarded by the
89	89	13 Department of Human Services under the Gateways to
90	90	14 Opportunity Program developed under Section 10-70 of
91	91	15 the Department of Human Services Act.
92	92	16 (B) An Educator License with Stipulations with a
93	93	17 transitional bilingual educator endorsement and he or
94	94	18 she has (i) passed an early childhood education
95	95	19 content test or (ii) completed no less than 9 semester
96	96	20 hours of postsecondary coursework in the area of early
97	97	21 childhood education.
98	98	22 (4) (Blank).
99	99	23 (4.5) The State Board of Education shall provide the
100	100	24 primary source of funding through appropriations for the
101	101	25 program. Such funds shall be distributed to achieve a goal
102	102	26 of "Preschool for All Children" for the benefit of all
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113	113	1 children whose families choose to participate in the
114	114	2 program. Based on available appropriations, newly funded
115	115	3 programs shall be selected through a process giving first
116	116	4 priority to qualified programs serving primarily at-risk
117	117	5 children and second priority to qualified programs serving
118	118	6 primarily children with a family income of less than 4
119	119	7 times the poverty guidelines updated periodically in the
120	120	8 Federal Register by the U.S. Department of Health and
121	121	9 Human Services under the authority of 42 U.S.C. 9902(2).
122	122	10 For purposes of this paragraph (4.5), at-risk children are
123	123	11 those who because of their home and community environment
124	124	12 are subject to such language, cultural, economic and like
125	125	13 disadvantages to cause them to have been determined as a
126	126	14 result of screening procedures to be at risk of academic
127	127	15 failure. Such screening procedures shall be based on
128	128	16 criteria established by the State Board of Education.
129	129	17 Except as otherwise provided in this paragraph (4.5),
130	130	18 grantees under the program must enter into a memorandum of
131	131	19 understanding with the appropriate local Head Start
132	132	20 agency. This memorandum must be entered into no later than
133	133	21 3 months after the award of a grantee's grant under the
134	134	22 program, except that, in the case of the 2009-2010 program
135	135	23 year, the memorandum must be entered into no later than
136	136	24 the deadline set by the State Board of Education for
137	137	25 applications to participate in the program in fiscal year
138	138	26 2011, and must address collaboration between the grantee's
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149	149	1 program and the local Head Start agency on certain issues,
150	150	2 which shall include without limitation the following:
151	151	3 (A) educational activities, curricular objectives,
152	152	4 and instruction;
153	153	5 (B) public information dissemination and access to
154	154	6 programs for families contacting programs;
155	155	7 (C) service areas;
156	156	8 (D) selection priorities for eligible children to
157	157	9 be served by programs;
158	158	10 (E) maximizing the impact of federal and State
159	159	11 funding to benefit young children;
160	160	12 (F) staff training, including opportunities for
161	161	13 joint staff training;
162	162	14 (G) technical assistance;
163	163	15 (H) communication and parent outreach for smooth
164	164	16 transitions to kindergarten;
165	165	17 (I) provision and use of facilities,
166	166	18 transportation, and other program elements;
167	167	19 (J) facilitating each program's fulfillment of its
168	168	20 statutory and regulatory requirements;
169	169	21 (K) improving local planning and collaboration;
170	170	22 and
171	171	23 (L) providing comprehensive services for the
172	172	24 neediest Illinois children and families.
173	173	25 If the appropriate local Head Start agency is unable or
174	174	26 unwilling to enter into a memorandum of understanding as
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185	185	1 required under this paragraph (4.5), the memorandum of
186	186	2 understanding requirement shall not apply and the grantee
187	187	3 under the program must notify the State Board of Education
188	188	4 in writing of the Head Start agency's inability or
189	189	5 unwillingness. The State Board of Education shall compile
190	190	6 all such written notices and make them available to the
191	191	7 public.
192	192	8 (5) The State Board of Education shall develop and
193	193	9 provide evaluation tools, including tests, that school
194	194	10 districts and other eligible entities may use to evaluate
195	195	11 children for school readiness prior to age 5. The State
196	196	12 Board of Education shall require school districts and
197	197	13 other eligible entities to obtain consent from the parents
198	198	14 or guardians of children before any evaluations are
199	199	15 conducted. The State Board of Education shall encourage
200	200	16 local school districts and other eligible entities to
201	201	17 evaluate the population of preschool children in their
202	202	18 communities and provide preschool programs, pursuant to
203	203	19 this subsection, where appropriate.
204	204	20 (6) The State Board of Education shall report to the
205	205	21 General Assembly by November 1, 2018 and every 2 years
206	206	22 thereafter on the results and progress of students who
207	207	23 were enrolled in preschool educational programs, including
208	208	24 an assessment of which programs have been most successful
209	209	25 in promoting academic excellence and alleviating academic
210	210	26 failure. The State Board of Education shall assess the
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221	221	1 academic progress of all students who have been enrolled
222	222	2 in preschool educational programs.
223	223	3 On or before November 1 of each fiscal year in which
224	224	4 the General Assembly provides funding for new programs
225	225	5 under paragraph (4.5) of this Section, the State Board of
226	226	6 Education shall report to the General Assembly on what
227	227	7 percentage of new funding was provided to programs serving
228	228	8 primarily at-risk children, what percentage of new funding
229	229	9 was provided to programs serving primarily children with a
230	230	10 family income of less than 4 times the federal poverty
231	231	11 level, and what percentage of new funding was provided to
232	232	12 other programs.
233	233	13 (7) Due to evidence that expulsion practices in the
234	234	14 preschool years are linked to poor child outcomes and are
235	235	15 employed inconsistently across racial and gender groups,
236	236	16 early childhood programs receiving State funds under this
237	237	17 subsection (a) shall prohibit expulsions. Planned
238	238	18 transitions to settings that are able to better meet a
239	239	19 child's needs are not considered expulsion under this
240	240	20 paragraph (7).
241	241	21 (A) When persistent and serious challenging
242	242	22 behaviors emerge, the early childhood program shall
243	243	23 document steps taken to ensure that the child can
244	244	24 participate safely in the program; including
245	245	25 observations of initial and ongoing challenging
246	246	26 behaviors, strategies for remediation and intervention
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257	257	1 plans to address the behaviors, and communication with
258	258	2 the parent or legal guardian, including participation
259	259	3 of the parent or legal guardian in planning and
260	260	4 decision-making.
261	261	5 (B) The early childhood program shall, with
262	262	6 parental or legal guardian consent as required,
263	263	7 utilize a range of community resources, if available
264	264	8 and deemed necessary, including, but not limited to,
265	265	9 developmental screenings, referrals to programs and
266	266	10 services administered by a local educational agency or
267	267	11 early intervention agency under Parts B and C of the
268	268	12 federal Individual with Disabilities Education Act,
269	269	13 and consultation with infant and early childhood
270	270	14 mental health consultants and the child's health care
271	271	15 provider. The program shall document attempts to
272	272	16 engage these resources, including parent or legal
273	273	17 guardian participation and consent attempted and
274	274	18 obtained. Communication with the parent or legal
275	275	19 guardian shall take place in a culturally and
276	276	20 linguistically competent manner.
277	277	21 (C) If there is documented evidence that all
278	278	22 available interventions and supports recommended by a
279	279	23 qualified professional have been exhausted and the
280	280	24 program determines in its professional judgment that
281	281	25 transitioning a child to another program is necessary
282	282	26 for the well-being of the child or his or her peers and
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293	293	1 staff, with parent or legal guardian permission, both
294	294	2 the current and pending programs shall create a
295	295	3 transition plan designed to ensure continuity of
296	296	4 services and the comprehensive development of the
297	297	5 child. Communication with families shall occur in a
298	298	6 culturally and linguistically competent manner.
299	299	7 (D) Nothing in this paragraph (7) shall preclude a
300	300	8 parent's or legal guardian's right to voluntarily
301	301	9 withdraw his or her child from an early childhood
302	302	10 program. Early childhood programs shall request and
303	303	11 keep on file, when received, a written statement from
304	304	12 the parent or legal guardian stating the reason for
305	305	13 his or her decision to withdraw his or her child.
306	306	14 (E) In the case of the determination of a serious
307	307	15 safety threat to a child or others or in the case of
308	308	16 behaviors listed in subsection (d) of Section 10-22.6
309	309	17 of this Code, the temporary removal of a child from
310	310	18 attendance in group settings may be used. Temporary
311	311	19 removal of a child from attendance in a group setting
312	312	20 shall trigger the process detailed in subparagraphs
313	313	21 (A), (B), and (C) of this paragraph (7), with the child
314	314	22 placed back in a group setting as quickly as possible.
315	315	23 (F) Early childhood programs may utilize and the
316	316	24 State Board of Education, the Department of Human
317	317	25 Services, and the Department of Children and Family
318	318	26 Services shall recommend training, technical support,
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329	329	1 and professional development resources to improve the
330	330	2 ability of teachers, administrators, program
331	331	3 directors, and other staff to promote social-emotional
332	332	4 development and behavioral health, to address
333	333	5 challenging behaviors, and to understand trauma and
334	334	6 trauma-informed care, cultural competence, family
335	335	7 engagement with diverse populations, the impact of
336	336	8 implicit bias on adult behavior, and the use of
337	337	9 reflective practice techniques. Support shall include
338	338	10 the availability of resources to contract with infant
339	339	11 and early childhood mental health consultants.
340	340	12 (G) Beginning on July 1, 2018, early childhood
341	341	13 programs shall annually report to the State Board of
342	342	14 Education, and, beginning in fiscal year 2020, the
343	343	15 State Board of Education shall make available on a
344	344	16 biennial basis, in an existing report, all of the
345	345	17 following data for children from birth to age 5 who are
346	346	18 served by the program:
347	347	19 (i) Total number served over the course of the
348	348	20 program year and the total number of children who
349	349	21 left the program during the program year.
350	350	22 (ii) Number of planned transitions to another
351	351	23 program due to children's behavior, by children's
352	352	24 race, gender, disability, language, class/group
353	353	25 size, teacher-child ratio, and length of program
354	354	26 day.
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365	365	1 (iii) Number of temporary removals of a child
366	366	2 from attendance in group settings due to a serious
367	367	3 safety threat under subparagraph (E) of this
368	368	4 paragraph (7), by children's race, gender,
369	369	5 disability, language, class/group size,
370	370	6 teacher-child ratio, and length of program day.
371	371	7 (iv) Hours of infant and early childhood
372	372	8 mental health consultant contact with program
373	373	9 leaders, staff, and families over the program
374	374	10 year.
375	375	11 (H) Changes to services for children with an
376	376	12 individualized education program or individual family
377	377	13 service plan shall be construed in a manner consistent
378	378	14 with the federal Individuals with Disabilities
379	379	15 Education Act.
380	380	16 The State Board of Education, in consultation with the
381	381	17 Governor's Office of Early Childhood Development and the
382	382	18 Department of Children and Family Services, shall adopt
383	383	19 rules to administer this paragraph (7).
384	384	20 (8) In order to ensure the quality and continuity of
385	385	21 services, within 6 months after the effective date of this
386	386	22 amendatory Act of the 103rd General Assembly all grant
387	387	23 agreements shall require each child care center to do the
388	388	24 following:
389	389	25 (A) Comply with the wage floor and compensation
390	390	26 policies set forth in Section 45-10 of the Early Childhood
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401	401	1 Workforce Act.
402	402	2 (B) Report quarterly up-to-date contact information
403	403	3 for staff to the Department to allow the State Board of
404	404	4 Education to communicate with the workers about their
405	405	5 rights and supports available to them.
406	406	6 (C) Supply the State Board of Education with current
407	407	7 copies of its (i) wage scales for classroom and support
408	408	8 staff, (ii) formal procedures for addressing employee
409	409	9 grievances, and (iii) records of classroom and support
410	410	10 staff participation in creation of personnel and
411	411	11 operational policies.
412	412	12 (D) Reconcile expenses quarterly and annually submit a
413	413	13 year-end comprehensive financial report in a form
414	414	14 prescribed by the State Board of Education which includes
415	415	15 a detailed breakdown of the uses of funding including
416	416	16 amounts spent on workforce compensation and supports.
417	417	17 (b) (Blank).
418	418	18 (c) Notwithstanding any other provisions of this Section,
419	419	19 grantees may serve children ages 0 to 12 of essential workers
420	420	20 if the Governor has declared a disaster due to a public health
421	421	21 emergency pursuant to Section 7 of the Illinois Emergency
422	422	22 Management Agency Act. For the purposes of this subsection,
423	423	23 essential workers include those outlined in Executive Order
424	424	24 20-8 and school employees. The State Board of Education shall
425	425	25 adopt rules to administer this subsection.
426	426	26 (Source: P.A. 100-105, eff. 1-1-18; 100-645, eff. 7-27-18;
427	427
428	428
429	429
430	430
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437	437	1 101-643, eff. 6-18-20.)
438	438	2 Section 10. The Illinois Public Aid Code is amended by
439	439	3 changing Section 9A-11 as follows:
440	440	4 (305 ILCS 5/9A-11) (from Ch. 23, par. 9A-11)
441	441	5 Sec. 9A-11. Child care.
442	442	6 (a) The General Assembly recognizes that families with
443	443	7 children need child care in order to work. Child care is
444	444	8 expensive and families with low incomes, including those who
445	445	9 are transitioning from welfare to work, often struggle to pay
446	446	10 the costs of day care. The General Assembly understands the
447	447	11 importance of helping low-income working families become and
448	448	12 remain self-sufficient. The General Assembly also believes
449	449	13 that it is the responsibility of families to share in the costs
450	450	14 of child care. It is also the preference of the General
451	451	15 Assembly that all working poor families should be treated
452	452	16 equally, regardless of their welfare status.
453	453	17 (b) To the extent resources permit, the Illinois
454	454	18 Department shall provide child care services to parents or
455	455	19 other relatives as defined by rule who are working or
456	456	20 participating in employment or Department approved education
457	457	21 or training programs. At a minimum, the Illinois Department
458	458	22 shall cover the following categories of families:
459	459	23 (1) recipients of TANF under Article IV participating
460	460	24 in work and training activities as specified in the
461	461
462	462
463	463
464	464
465	465
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467	467
468	468
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471	471	1 personal plan for employment and self-sufficiency;
472	472	2 (2) families transitioning from TANF to work;
473	473	3 (3) families at risk of becoming recipients of TANF;
474	474	4 (4) families with special needs as defined by rule;
475	475	5 (5) working families with very low incomes as defined
476	476	6 by rule;
477	477	7 (6) families that are not recipients of TANF and that
478	478	8 need child care assistance to participate in education and
479	479	9 training activities;
480	480	10 (7) youth in care, as defined in Section 4d of the
481	481	11 Children and Family Services Act, who are parents,
482	482	12 regardless of income or whether they are working or
483	483	13 participating in Department-approved employment or
484	484	14 education or training programs. Any family that receives
485	485	15 child care assistance in accordance with this paragraph
486	486	16 shall receive one additional 12-month child care
487	487	17 eligibility period after the parenting youth in care's
488	488	18 case with the Department of Children and Family Services
489	489	19 is closed, regardless of income or whether the parenting
490	490	20 youth in care is working or participating in
491	491	21 Department-approved employment or education or training
492	492	22 programs;
493	493	23 (8) families receiving Extended Family Support Program
494	494	24 services from the Department of Children and Family
495	495	25 Services, regardless of income or whether they are working
496	496	26 or participating in Department-approved employment or
497	497
498	498
499	499
500	500
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503	503
504	504
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507	507	1 education or training programs; and
508	508	2 (9) families with children under the age of 5 who have
509	509	3 an open intact family services case with the Department of
510	510	4 Children and Family Services. Any family that receives
511	511	5 child care assistance in accordance with this paragraph
512	512	6 shall remain eligible for child care assistance 6 months
513	513	7 after the child's intact family services case is closed,
514	514	8 regardless of whether the child's parents or other
515	515	9 relatives as defined by rule are working or participating
516	516	10 in Department approved employment or education or training
517	517	11 programs. The Department of Human Services, in
518	518	12 consultation with the Department of Children and Family
519	519	13 Services, shall adopt rules to protect the privacy of
520	520	14 families who are the subject of an open intact family
521	521	15 services case when such families enroll in child care
522	522	16 services. Additional rules shall be adopted to offer
523	523	17 children who have an open intact family services case the
524	524	18 opportunity to receive an Early Intervention screening and
525	525	19 other services that their families may be eligible for as
526	526	20 provided by the Department of Human Services.
527	527	21 Beginning October 1, 2023, and every October 1 thereafter,
528	528	22 the Department of Children and Family Services shall report to
529	529	23 the General Assembly on the number of children who received
530	530	24 child care via vouchers paid for by the Department of Children
531	531	25 and Family Services during the preceding fiscal year. The
532	532	26 report shall include the ages of children who received child
533	533
534	534
535	535
536	536
537	537
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539	539
540	540
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543	543	1 care, the type of child care they received, and the number of
544	544	2 months they received child care.
545	545	3 The Department shall specify by rule the conditions of
546	546	4 eligibility, the application process, and the types, amounts,
547	547	5 and duration of services. Eligibility for child care benefits
548	548	6 and the amount of child care provided may vary based on family
549	549	7 size, income, and other factors as specified by rule.
550	550	8 The Department shall update the Child Care Assistance
551	551	9 Program Eligibility Calculator posted on its website to
552	552	10 include a question on whether a family is applying for child
553	553	11 care assistance for the first time or is applying for a
554	554	12 redetermination of eligibility.
555	555	13 A family's eligibility for child care services shall be
556	556	14 redetermined no sooner than 12 months following the initial
557	557	15 determination or most recent redetermination. During the
558	558	16 12-month periods, the family shall remain eligible for child
559	559	17 care services regardless of (i) a change in family income,
560	560	18 unless family income exceeds 85% of State median income, or
561	561	19 (ii) a temporary change in the ongoing status of the parents or
562	562	20 other relatives, as defined by rule, as working or attending a
563	563	21 job training or educational program.
564	564	22 In determining income eligibility for child care benefits,
565	565	23 the Department annually, at the beginning of each fiscal year,
566	566	24 shall establish, by rule, one income threshold for each family
567	567	25 size, in relation to percentage of State median income for a
568	568	26 family of that size, that makes families with incomes below
569	569
570	570
571	571
572	572
573	573
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575	575
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579	579	1 the specified threshold eligible for assistance and families
580	580	2 with incomes above the specified threshold ineligible for
581	581	3 assistance. Through and including fiscal year 2007, the
582	582	4 specified threshold must be no less than 50% of the
583	583	5 then-current State median income for each family size.
584	584	6 Beginning in fiscal year 2008, the specified threshold must be
585	585	7 no less than 185% of the then-current federal poverty level
586	586	8 for each family size. Notwithstanding any other provision of
587	587	9 law or administrative rule to the contrary, beginning in
588	588	10 fiscal year 2019, the specified threshold for working families
589	589	11 with very low incomes as defined by rule must be no less than
590	590	12 185% of the then-current federal poverty level for each family
591	591	13 size. Notwithstanding any other provision of law or
592	592	14 administrative rule to the contrary, beginning in State fiscal
593	593	15 year 2022, the specified income threshold shall be no less
594	594	16 than 200% of the then-current federal poverty level for each
595	595	17 family size.
596	596	18 In determining eligibility for assistance, the Department
597	597	19 shall not give preference to any category of recipients or
598	598	20 give preference to individuals based on their receipt of
599	599	21 benefits under this Code.
600	600	22 Nothing in this Section shall be construed as conferring
601	601	23 entitlement status to eligible families.
602	602	24 The Illinois Department is authorized to lower income
603	603	25 eligibility ceilings, raise parent co-payments, create waiting
604	604	26 lists, or take such other actions during a fiscal year as are
605	605
606	606
607	607
608	608
609	609
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611	611
612	612
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614	614	HB2310 - 17 - LRB103 29001 KTG 55387 b
615	615	1 necessary to ensure that child care benefits paid under this
616	616	2 Article do not exceed the amounts appropriated for those child
617	617	3 care benefits. These changes may be accomplished by emergency
618	618	4 rule under Section 5-45 of the Illinois Administrative
619	619	5 Procedure Act, except that the limitation on the number of
620	620	6 emergency rules that may be adopted in a 24-month period shall
621	621	7 not apply.
622	622	8 The Illinois Department may contract with other State
623	623	9 agencies or child care organizations for the administration of
624	624	10 child care services.
625	625	11 (c) Payment shall be made for child care that otherwise
626	626	12 meets the requirements of this Section and applicable
627	627	13 standards of State and local law and regulation, including any
628	628	14 requirements the Illinois Department promulgates by rule in
629	629	15 addition to the licensure requirements promulgated by the
630	630	16 Department of Children and Family Services and Fire Prevention
631	631	17 and Safety requirements promulgated by the Office of the State
632	632	18 Fire Marshal, and is provided in any of the following:
633	633	19 (1) a child care center which is licensed or exempt
634	634	20 from licensure pursuant to Section 2.09 of the Child Care
635	635	21 Act of 1969;
636	636	22 (2) a licensed child care home or home exempt from
637	637	23 licensing;
638	638	24 (3) a licensed group child care home;
639	639	25 (4) other types of child care, including child care
640	640	26 provided by relatives or persons living in the same home
641	641
642	642
643	643
644	644
645	645
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647	647
648	648
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650	650	HB2310 - 18 - LRB103 29001 KTG 55387 b
651	651	1 as the child, as determined by the Illinois Department by
652	652	2 rule.
653	653	3 (c-5) Solely for the purposes of coverage under the
654	654	4 Illinois Public Labor Relations Act, child and day care home
655	655	5 providers, including licensed and license exempt,
656	656	6 participating in the Department's child care assistance
657	657	7 program shall be considered to be public employees and the
658	658	8 State of Illinois shall be considered to be their employer as
659	659	9 of January 1, 2006 (the effective date of Public Act 94-320),
660	660	10 but not before. The State shall engage in collective
661	661	11 bargaining with an exclusive representative of child and day
662	662	12 care home providers participating in the child care assistance
663	663	13 program concerning their terms and conditions of employment
664	664	14 that are within the State's control. Nothing in this
665	665	15 subsection shall be understood to limit the right of families
666	666	16 receiving services defined in this Section to select child and
667	667	17 day care home providers or supervise them within the limits of
668	668	18 this Section. The State shall not be considered to be the
669	669	19 employer of child and day care home providers for any purposes
670	670	20 not specifically provided in Public Act 94-320, including, but
671	671	21 not limited to, purposes of vicarious liability in tort and
672	672	22 purposes of statutory retirement or health insurance benefits.
673	673	23 Child and day care home providers shall not be covered by the
674	674	24 State Employees Group Insurance Act of 1971.
675	675	25 In according child and day care home providers and their
676	676	26 selected representative rights under the Illinois Public Labor
677	677
678	678
679	679
680	680
681	681
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683	683
684	684
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686	686	HB2310 - 19 - LRB103 29001 KTG 55387 b
687	687	1 Relations Act, the State intends that the State action
688	688	2 exemption to application of federal and State antitrust laws
689	689	3 be fully available to the extent that their activities are
690	690	4 authorized by Public Act 94-320.
691	691	5 (d) The Illinois Department shall establish, by rule, a
692	692	6 co-payment scale that provides for cost sharing by families
693	693	7 that receive child care services, including parents whose only
694	694	8 income is from assistance under this Code. The co-payment
695	695	9 shall be based on family income and family size and may be
696	696	10 based on other factors as appropriate. Co-payments may be
697	697	11 waived for families whose incomes are at or below the federal
698	698	12 poverty level.
699	699	13 (d-5) The Illinois Department, in consultation with its
700	700	14 Child Care and Development Advisory Council, shall develop a
701	701	15 plan to revise the child care assistance program's co-payment
702	702	16 scale. The plan shall be completed no later than February 1,
703	703	17 2008, and shall include:
704	704	18 (1) findings as to the percentage of income that the
705	705	19 average American family spends on child care and the
706	706	20 relative amounts that low-income families and the average
707	707	21 American family spend on other necessities of life;
708	708	22 (2) recommendations for revising the child care
709	709	23 co-payment scale to assure that families receiving child
710	710	24 care services from the Department are paying no more than
711	711	25 they can reasonably afford;
712	712	26 (3) recommendations for revising the child care
713	713
714	714
715	715
716	716
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719	719
720	720
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723	723	1 co-payment scale to provide at-risk children with complete
724	724	2 access to Preschool for All and Head Start; and
725	725	3 (4) recommendations for changes in child care program
726	726	4 policies that affect the affordability of child care.
727	727	5 (e) (Blank).
728	728	6 (f) The Illinois Department shall, by rule, set rates to
729	729	7 be paid for the various types of child care. Child care may be
730	730	8 provided through one of the following methods:
731	731	9 (1) arranging the child care through eligible
732	732	10 providers by use of purchase of service contracts or
733	733	11 vouchers;
734	734	12 (2) arranging with other agencies and community
735	735	13 volunteer groups for non-reimbursed child care;
736	736	14 (3) (blank); or
737	737	15 (4) adopting such other arrangements as the Department
738	738	16 determines appropriate.
739	739	17 (f-1) Within 30 days after June 4, 2018 (the effective
740	740	18 date of Public Act 100-587), the Department of Human Services
741	741	19 shall establish rates for child care providers that are no
742	742	20 less than the rates in effect on January 1, 2018 increased by
743	743	21 4.26%.
744	744	22 (f-5) (Blank).
745	745	23 (f-10) When child care is arranged by use of purchase of
746	746	24 service contracts, in order to ensure the quality and
747	747	25 continuity of services, within 6 months after the effective
748	748	26 date of this amendatory Act of the 103rd General Assembly all
749	749
750	750
751	751
752	752
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755	755
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759	759	1 contracts shall require each child care center to do the
760	760	2 following:
761	761	3 (1) Comply with the wage floor and compensation
762	762	4 policies set forth in Section 45-10 of the Early Childhood
763	763	5 Workforce Act.
764	764	6 (2) Report quarterly up-to-date contact information
765	765	7 for staff to the Department to allow the Department to
766	766	8 communicate with the workers about their rights and
767	767	9 supports available to them.
768	768	10 (3) Supply the Department with current copies of its
769	769	11 (i) wage scales for classroom and support staff, (ii)
770	770	12 formal procedures for addressing employee grievances, and
771	771	13 (iii) records of classroom and support staff participation
772	772	14 in creation of personnel and operational policies.
773	773	15 (4) Reconcile expenses quarterly and annually submit a
774	774	16 year-end comprehensive financial report in a form
775	775	17 prescribed by the Department which includes a detailed
776	776	18 breakdown of the uses of funding including amounts spent
777	777	19 on workforce compensation and supports.
778	778	20 (g) Families eligible for assistance under this Section
779	779	21 shall be given the following options:
780	780	22 (1) receiving a child care certificate issued by the
781	781	23 Department or a subcontractor of the Department that may
782	782	24 be used by the parents as payment for child care and
783	783	25 development services only; or
784	784	26 (2) if space is available, enrolling the child with a
785	785
786	786
787	787
788	788
789	789
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791	791
792	792
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795	795	1 child care provider that has a purchase of service
796	796	2 contract with the Department or a subcontractor of the
797	797	3 Department for the provision of child care and development
798	798	4 services. The Department may identify particular priority
799	799	5 populations for whom they may request special
800	800	6 consideration by a provider with purchase of service
801	801	7 contracts, provided that the providers shall be permitted
802	802	8 to maintain a balance of clients in terms of household
803	803	9 incomes and families and children with special needs, as
804	804	10 defined by rule.
805	805	11 (Source: P.A. 101-81, eff. 7-12-19; 101-657, eff. 3-23-21;
806	806	12 102-491, eff. 8-20-21; 102-813, eff. 5-13-22; 102-926, eff.
807	807	13 5-27-22.)
808	808	14 Section 15. The Early Childhood Workforce Act is amended
809	809	15 by adding Sections 45-10 and 45-15 as follows:
810	810	16 (325 ILCS 80/45-10 new)
811	811	17 Sec. 45-10. Wage floor and compensation.
812	812	18 (a) The Early Childhood Workforce Standards Board is
813	813	19 created. The Board shall consist of the following members who
814	814	20 must be appointed within 60 days after the effective date of
815	815	21 this amendatory Act of the 103rd General Assembly:
816	816	22 (1) Two members of a labor union representing child
817	817	23 care workers who serve children in the Child Care
818	818	24 Assistance Program and the Preschool for All program.
819	819
820	820
821	821
822	822
823	823
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825	825
826	826
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828	828	HB2310 - 23 - LRB103 29001 KTG 55387 b
829	829	1 (2) Two representatives of early childhood programs.
830	830	2 (3) Two members of the public who are parents or
831	831	3 guardians of children in the Child Care Assistance Program
832	832	4 or the Preschool for All program.
833	833	5 (4) One representative of the Governor's Office of
834	834	6 Early Childhood Development.
835	835	7 (b) For State Fiscal Year 2025, and for each state fiscal
836	836	8 year thereafter, the Early Childhood Workforce Standards Board
837	837	9 shall determine the following:
838	838	10 (1) An hourly wage floor, and salaried equivalent, for
839	839	11 workers in State-funded early childhood programs which,
840	840	12 based on investigation, the Board believes will serve to
841	841	13 recruit and retain early childhood workers.
842	842	14 (2) Minimum increments above the wage floor as may be
843	843	15 necessary to retain workers in State-funded early
844	844	16 childhood programs such as for years of experience or job
845	845	17 title.
846	846	18 (c) Notwithstanding subsection (b) or any other provision
847	847	19 of law, the wage floor in State Fiscal Year 2027 and after
848	848	20 shall be no lower than $25 per hour.
849	849	21 (325 ILCS 80/45-15 new)
850	850	22 Sec. 45-15. Training and mentorship. Subject to
851	851	23 appropriation, beginning in State Fiscal Year 2025 the
852	852	24 Department of Human Services shall implement and administer a
853	853	25 program making grants to early childhood worker training
854	854
855	855
856	856
857	857
858	858
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860	860
861	861
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863	863	HB2310 - 24 - LRB103 29001 KTG 55387 b
864	864	1 programs that value experience, inclusion, equity, and racial
865	865	2 justice; and center worker voices and needs such as
866	866	3 mentorship, apprenticeships, and peer-led learning.
867	867
868	868
869	869
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