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
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
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.
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A BILL FOR
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1 AN ACT concerning children.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The School Code is amended by changing Section
5 2-3.71 as follows:
6 (105 ILCS 5/2-3.71) (from Ch. 122, par. 2-3.71)
7 Sec. 2-3.71. Grants for preschool educational programs.
8 (a) Preschool program.
9 (1) The State Board of Education shall implement and
10 administer a grant program under the provisions of this
11 subsection which shall consist of grants to public school
12 districts and other eligible entities, as defined by the
13 State Board of Education, to conduct voluntary preschool
14 educational programs for children ages 3 to 5 which
15 include a parent education component. A public school
16 district which receives grants under this subsection may
17 subcontract with other entities that are eligible to
18 conduct a preschool educational program. These grants must
19 be used to supplement, not supplant, funds received from
20 any other source.
21 (2) (Blank).
22 (3) Except as otherwise provided under this subsection
23 (a), any teacher of preschool children in the program
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
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.
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A BILL FOR
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
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1 authorized by this subsection shall hold a Professional
2 Educator License with an early childhood education
3 endorsement.
4 (3.5) Beginning with the 2018-2019 school year and
5 until the 2023-2024 school year, an individual may teach
6 preschool children in an early childhood program under
7 this Section if he or she holds a Professional Educator
8 License with an early childhood education endorsement or
9 with short-term approval for early childhood education or
10 he or she pursues a Professional Educator License and
11 holds any of the following:
12 (A) An ECE Credential Level of 5 awarded by the
13 Department of Human Services under the Gateways to
14 Opportunity Program developed under Section 10-70 of
15 the Department of Human Services Act.
16 (B) An Educator License with Stipulations with a
17 transitional bilingual educator endorsement and he or
18 she has (i) passed an early childhood education
19 content test or (ii) completed no less than 9 semester
20 hours of postsecondary coursework in the area of early
21 childhood education.
22 (4) (Blank).
23 (4.5) The State Board of Education shall provide the
24 primary source of funding through appropriations for the
25 program. Such funds shall be distributed to achieve a goal
26 of "Preschool for All Children" for the benefit of all
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1 children whose families choose to participate in the
2 program. Based on available appropriations, newly funded
3 programs shall be selected through a process giving first
4 priority to qualified programs serving primarily at-risk
5 children and second priority to qualified programs serving
6 primarily children with a family income of less than 4
7 times the poverty guidelines updated periodically in the
8 Federal Register by the U.S. Department of Health and
9 Human Services under the authority of 42 U.S.C. 9902(2).
10 For purposes of this paragraph (4.5), at-risk children are
11 those who because of their home and community environment
12 are subject to such language, cultural, economic and like
13 disadvantages to cause them to have been determined as a
14 result of screening procedures to be at risk of academic
15 failure. Such screening procedures shall be based on
16 criteria established by the State Board of Education.
17 Except as otherwise provided in this paragraph (4.5),
18 grantees under the program must enter into a memorandum of
19 understanding with the appropriate local Head Start
20 agency. This memorandum must be entered into no later than
21 3 months after the award of a grantee's grant under the
22 program, except that, in the case of the 2009-2010 program
23 year, the memorandum must be entered into no later than
24 the deadline set by the State Board of Education for
25 applications to participate in the program in fiscal year
26 2011, and must address collaboration between the grantee's
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1 program and the local Head Start agency on certain issues,
2 which shall include without limitation the following:
3 (A) educational activities, curricular objectives,
4 and instruction;
5 (B) public information dissemination and access to
6 programs for families contacting programs;
7 (C) service areas;
8 (D) selection priorities for eligible children to
9 be served by programs;
10 (E) maximizing the impact of federal and State
11 funding to benefit young children;
12 (F) staff training, including opportunities for
13 joint staff training;
14 (G) technical assistance;
15 (H) communication and parent outreach for smooth
16 transitions to kindergarten;
17 (I) provision and use of facilities,
18 transportation, and other program elements;
19 (J) facilitating each program's fulfillment of its
20 statutory and regulatory requirements;
21 (K) improving local planning and collaboration;
22 and
23 (L) providing comprehensive services for the
24 neediest Illinois children and families.
25 If the appropriate local Head Start agency is unable or
26 unwilling to enter into a memorandum of understanding as
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1 required under this paragraph (4.5), the memorandum of
2 understanding requirement shall not apply and the grantee
3 under the program must notify the State Board of Education
4 in writing of the Head Start agency's inability or
5 unwillingness. The State Board of Education shall compile
6 all such written notices and make them available to the
7 public.
8 (5) The State Board of Education shall develop and
9 provide evaluation tools, including tests, that school
10 districts and other eligible entities may use to evaluate
11 children for school readiness prior to age 5. The State
12 Board of Education shall require school districts and
13 other eligible entities to obtain consent from the parents
14 or guardians of children before any evaluations are
15 conducted. The State Board of Education shall encourage
16 local school districts and other eligible entities to
17 evaluate the population of preschool children in their
18 communities and provide preschool programs, pursuant to
19 this subsection, where appropriate.
20 (6) The State Board of Education shall report to the
21 General Assembly by November 1, 2018 and every 2 years
22 thereafter on the results and progress of students who
23 were enrolled in preschool educational programs, including
24 an assessment of which programs have been most successful
25 in promoting academic excellence and alleviating academic
26 failure. The State Board of Education shall assess the
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1 academic progress of all students who have been enrolled
2 in preschool educational programs.
3 On or before November 1 of each fiscal year in which
4 the General Assembly provides funding for new programs
5 under paragraph (4.5) of this Section, the State Board of
6 Education shall report to the General Assembly on what
7 percentage of new funding was provided to programs serving
8 primarily at-risk children, what percentage of new funding
9 was provided to programs serving primarily children with a
10 family income of less than 4 times the federal poverty
11 level, and what percentage of new funding was provided to
12 other programs.
13 (7) Due to evidence that expulsion practices in the
14 preschool years are linked to poor child outcomes and are
15 employed inconsistently across racial and gender groups,
16 early childhood programs receiving State funds under this
17 subsection (a) shall prohibit expulsions. Planned
18 transitions to settings that are able to better meet a
19 child's needs are not considered expulsion under this
20 paragraph (7).
21 (A) When persistent and serious challenging
22 behaviors emerge, the early childhood program shall
23 document steps taken to ensure that the child can
24 participate safely in the program; including
25 observations of initial and ongoing challenging
26 behaviors, strategies for remediation and intervention
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1 plans to address the behaviors, and communication with
2 the parent or legal guardian, including participation
3 of the parent or legal guardian in planning and
4 decision-making.
5 (B) The early childhood program shall, with
6 parental or legal guardian consent as required,
7 utilize a range of community resources, if available
8 and deemed necessary, including, but not limited to,
9 developmental screenings, referrals to programs and
10 services administered by a local educational agency or
11 early intervention agency under Parts B and C of the
12 federal Individual with Disabilities Education Act,
13 and consultation with infant and early childhood
14 mental health consultants and the child's health care
15 provider. The program shall document attempts to
16 engage these resources, including parent or legal
17 guardian participation and consent attempted and
18 obtained. Communication with the parent or legal
19 guardian shall take place in a culturally and
20 linguistically competent manner.
21 (C) If there is documented evidence that all
22 available interventions and supports recommended by a
23 qualified professional have been exhausted and the
24 program determines in its professional judgment that
25 transitioning a child to another program is necessary
26 for the well-being of the child or his or her peers and
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1 staff, with parent or legal guardian permission, both
2 the current and pending programs shall create a
3 transition plan designed to ensure continuity of
4 services and the comprehensive development of the
5 child. Communication with families shall occur in a
6 culturally and linguistically competent manner.
7 (D) Nothing in this paragraph (7) shall preclude a
8 parent's or legal guardian's right to voluntarily
9 withdraw his or her child from an early childhood
10 program. Early childhood programs shall request and
11 keep on file, when received, a written statement from
12 the parent or legal guardian stating the reason for
13 his or her decision to withdraw his or her child.
14 (E) In the case of the determination of a serious
15 safety threat to a child or others or in the case of
16 behaviors listed in subsection (d) of Section 10-22.6
17 of this Code, the temporary removal of a child from
18 attendance in group settings may be used. Temporary
19 removal of a child from attendance in a group setting
20 shall trigger the process detailed in subparagraphs
21 (A), (B), and (C) of this paragraph (7), with the child
22 placed back in a group setting as quickly as possible.
23 (F) Early childhood programs may utilize and the
24 State Board of Education, the Department of Human
25 Services, and the Department of Children and Family
26 Services shall recommend training, technical support,
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1 and professional development resources to improve the
2 ability of teachers, administrators, program
3 directors, and other staff to promote social-emotional
4 development and behavioral health, to address
5 challenging behaviors, and to understand trauma and
6 trauma-informed care, cultural competence, family
7 engagement with diverse populations, the impact of
8 implicit bias on adult behavior, and the use of
9 reflective practice techniques. Support shall include
10 the availability of resources to contract with infant
11 and early childhood mental health consultants.
12 (G) Beginning on July 1, 2018, early childhood
13 programs shall annually report to the State Board of
14 Education, and, beginning in fiscal year 2020, the
15 State Board of Education shall make available on a
16 biennial basis, in an existing report, all of the
17 following data for children from birth to age 5 who are
18 served by the program:
19 (i) Total number served over the course of the
20 program year and the total number of children who
21 left the program during the program year.
22 (ii) Number of planned transitions to another
23 program due to children's behavior, by children's
24 race, gender, disability, language, class/group
25 size, teacher-child ratio, and length of program
26 day.
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1 (iii) Number of temporary removals of a child
2 from attendance in group settings due to a serious
3 safety threat under subparagraph (E) of this
4 paragraph (7), by children's race, gender,
5 disability, language, class/group size,
6 teacher-child ratio, and length of program day.
7 (iv) Hours of infant and early childhood
8 mental health consultant contact with program
9 leaders, staff, and families over the program
10 year.
11 (H) Changes to services for children with an
12 individualized education program or individual family
13 service plan shall be construed in a manner consistent
14 with the federal Individuals with Disabilities
15 Education Act.
16 The State Board of Education, in consultation with the
17 Governor's Office of Early Childhood Development and the
18 Department of Children and Family Services, shall adopt
19 rules to administer this paragraph (7).
20 (8) In order to ensure the quality and continuity of
21 services, within 6 months after the effective date of this
22 amendatory Act of the 103rd General Assembly all grant
23 agreements shall require each child care center to do the
24 following:
25 (A) Comply with the wage floor and compensation
26 policies set forth in Section 45-10 of the Early Childhood
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1 Workforce Act.
2 (B) Report quarterly up-to-date contact information
3 for staff to the Department to allow the State Board of
4 Education to communicate with the workers about their
5 rights and supports available to them.
6 (C) Supply the State Board of Education with current
7 copies of its (i) wage scales for classroom and support
8 staff, (ii) formal procedures for addressing employee
9 grievances, and (iii) records of classroom and support
10 staff participation in creation of personnel and
11 operational policies.
12 (D) Reconcile expenses quarterly and annually submit a
13 year-end comprehensive financial report in a form
14 prescribed by the State Board of Education which includes
15 a detailed breakdown of the uses of funding including
16 amounts spent on workforce compensation and supports.
17 (b) (Blank).
18 (c) Notwithstanding any other provisions of this Section,
19 grantees may serve children ages 0 to 12 of essential workers
20 if the Governor has declared a disaster due to a public health
21 emergency pursuant to Section 7 of the Illinois Emergency
22 Management Agency Act. For the purposes of this subsection,
23 essential workers include those outlined in Executive Order
24 20-8 and school employees. The State Board of Education shall
25 adopt rules to administer this subsection.
26 (Source: P.A. 100-105, eff. 1-1-18; 100-645, eff. 7-27-18;
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1 101-643, eff. 6-18-20.)
2 Section 10. The Illinois Public Aid Code is amended by
3 changing Section 9A-11 as follows:
4 (305 ILCS 5/9A-11) (from Ch. 23, par. 9A-11)
5 Sec. 9A-11. Child care.
6 (a) The General Assembly recognizes that families with
7 children need child care in order to work. Child care is
8 expensive and families with low incomes, including those who
9 are transitioning from welfare to work, often struggle to pay
10 the costs of day care. The General Assembly understands the
11 importance of helping low-income working families become and
12 remain self-sufficient. The General Assembly also believes
13 that it is the responsibility of families to share in the costs
14 of child care. It is also the preference of the General
15 Assembly that all working poor families should be treated
16 equally, regardless of their welfare status.
17 (b) To the extent resources permit, the Illinois
18 Department shall provide child care services to parents or
19 other relatives as defined by rule who are working or
20 participating in employment or Department approved education
21 or training programs. At a minimum, the Illinois Department
22 shall cover the following categories of families:
23 (1) recipients of TANF under Article IV participating
24 in work and training activities as specified in the
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1 personal plan for employment and self-sufficiency;
2 (2) families transitioning from TANF to work;
3 (3) families at risk of becoming recipients of TANF;
4 (4) families with special needs as defined by rule;
5 (5) working families with very low incomes as defined
6 by rule;
7 (6) families that are not recipients of TANF and that
8 need child care assistance to participate in education and
9 training activities;
10 (7) youth in care, as defined in Section 4d of the
11 Children and Family Services Act, who are parents,
12 regardless of income or whether they are working or
13 participating in Department-approved employment or
14 education or training programs. Any family that receives
15 child care assistance in accordance with this paragraph
16 shall receive one additional 12-month child care
17 eligibility period after the parenting youth in care's
18 case with the Department of Children and Family Services
19 is closed, regardless of income or whether the parenting
20 youth in care is working or participating in
21 Department-approved employment or education or training
22 programs;
23 (8) families receiving Extended Family Support Program
24 services from the Department of Children and Family
25 Services, regardless of income or whether they are working
26 or participating in Department-approved employment or
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1 education or training programs; and
2 (9) families with children under the age of 5 who have
3 an open intact family services case with the Department of
4 Children and Family Services. Any family that receives
5 child care assistance in accordance with this paragraph
6 shall remain eligible for child care assistance 6 months
7 after the child's intact family services case is closed,
8 regardless of whether the child's parents or other
9 relatives as defined by rule are working or participating
10 in Department approved employment or education or training
11 programs. The Department of Human Services, in
12 consultation with the Department of Children and Family
13 Services, shall adopt rules to protect the privacy of
14 families who are the subject of an open intact family
15 services case when such families enroll in child care
16 services. Additional rules shall be adopted to offer
17 children who have an open intact family services case the
18 opportunity to receive an Early Intervention screening and
19 other services that their families may be eligible for as
20 provided by the Department of Human Services.
21 Beginning October 1, 2023, and every October 1 thereafter,
22 the Department of Children and Family Services shall report to
23 the General Assembly on the number of children who received
24 child care via vouchers paid for by the Department of Children
25 and Family Services during the preceding fiscal year. The
26 report shall include the ages of children who received child
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1 care, the type of child care they received, and the number of
2 months they received child care.
3 The Department shall specify by rule the conditions of
4 eligibility, the application process, and the types, amounts,
5 and duration of services. Eligibility for child care benefits
6 and the amount of child care provided may vary based on family
7 size, income, and other factors as specified by rule.
8 The Department shall update the Child Care Assistance
9 Program Eligibility Calculator posted on its website to
10 include a question on whether a family is applying for child
11 care assistance for the first time or is applying for a
12 redetermination of eligibility.
13 A family's eligibility for child care services shall be
14 redetermined no sooner than 12 months following the initial
15 determination or most recent redetermination. During the
16 12-month periods, the family shall remain eligible for child
17 care services regardless of (i) a change in family income,
18 unless family income exceeds 85% of State median income, or
19 (ii) a temporary change in the ongoing status of the parents or
20 other relatives, as defined by rule, as working or attending a
21 job training or educational program.
22 In determining income eligibility for child care benefits,
23 the Department annually, at the beginning of each fiscal year,
24 shall establish, by rule, one income threshold for each family
25 size, in relation to percentage of State median income for a
26 family of that size, that makes families with incomes below
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1 the specified threshold eligible for assistance and families
2 with incomes above the specified threshold ineligible for
3 assistance. Through and including fiscal year 2007, the
4 specified threshold must be no less than 50% of the
5 then-current State median income for each family size.
6 Beginning in fiscal year 2008, the specified threshold must be
7 no less than 185% of the then-current federal poverty level
8 for each family size. Notwithstanding any other provision of
9 law or administrative rule to the contrary, beginning in
10 fiscal year 2019, the specified threshold for working families
11 with very low incomes as defined by rule must be no less than
12 185% of the then-current federal poverty level for each family
13 size. Notwithstanding any other provision of law or
14 administrative rule to the contrary, beginning in State fiscal
15 year 2022, the specified income threshold shall be no less
16 than 200% of the then-current federal poverty level for each
17 family size.
18 In determining eligibility for assistance, the Department
19 shall not give preference to any category of recipients or
20 give preference to individuals based on their receipt of
21 benefits under this Code.
22 Nothing in this Section shall be construed as conferring
23 entitlement status to eligible families.
24 The Illinois Department is authorized to lower income
25 eligibility ceilings, raise parent co-payments, create waiting
26 lists, or take such other actions during a fiscal year as are
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1 necessary to ensure that child care benefits paid under this
2 Article do not exceed the amounts appropriated for those child
3 care benefits. These changes may be accomplished by emergency
4 rule under Section 5-45 of the Illinois Administrative
5 Procedure Act, except that the limitation on the number of
6 emergency rules that may be adopted in a 24-month period shall
7 not apply.
8 The Illinois Department may contract with other State
9 agencies or child care organizations for the administration of
10 child care services.
11 (c) Payment shall be made for child care that otherwise
12 meets the requirements of this Section and applicable
13 standards of State and local law and regulation, including any
14 requirements the Illinois Department promulgates by rule in
15 addition to the licensure requirements promulgated by the
16 Department of Children and Family Services and Fire Prevention
17 and Safety requirements promulgated by the Office of the State
18 Fire Marshal, and is provided in any of the following:
19 (1) a child care center which is licensed or exempt
20 from licensure pursuant to Section 2.09 of the Child Care
21 Act of 1969;
22 (2) a licensed child care home or home exempt from
23 licensing;
24 (3) a licensed group child care home;
25 (4) other types of child care, including child care
26 provided by relatives or persons living in the same home
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1 as the child, as determined by the Illinois Department by
2 rule.
3 (c-5) Solely for the purposes of coverage under the
4 Illinois Public Labor Relations Act, child and day care home
5 providers, including licensed and license exempt,
6 participating in the Department's child care assistance
7 program shall be considered to be public employees and the
8 State of Illinois shall be considered to be their employer as
9 of January 1, 2006 (the effective date of Public Act 94-320),
10 but not before. The State shall engage in collective
11 bargaining with an exclusive representative of child and day
12 care home providers participating in the child care assistance
13 program concerning their terms and conditions of employment
14 that are within the State's control. Nothing in this
15 subsection shall be understood to limit the right of families
16 receiving services defined in this Section to select child and
17 day care home providers or supervise them within the limits of
18 this Section. The State shall not be considered to be the
19 employer of child and day care home providers for any purposes
20 not specifically provided in Public Act 94-320, including, but
21 not limited to, purposes of vicarious liability in tort and
22 purposes of statutory retirement or health insurance benefits.
23 Child and day care home providers shall not be covered by the
24 State Employees Group Insurance Act of 1971.
25 In according child and day care home providers and their
26 selected representative rights under the Illinois Public Labor
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1 Relations Act, the State intends that the State action
2 exemption to application of federal and State antitrust laws
3 be fully available to the extent that their activities are
4 authorized by Public Act 94-320.
5 (d) The Illinois Department shall establish, by rule, a
6 co-payment scale that provides for cost sharing by families
7 that receive child care services, including parents whose only
8 income is from assistance under this Code. The co-payment
9 shall be based on family income and family size and may be
10 based on other factors as appropriate. Co-payments may be
11 waived for families whose incomes are at or below the federal
12 poverty level.
13 (d-5) The Illinois Department, in consultation with its
14 Child Care and Development Advisory Council, shall develop a
15 plan to revise the child care assistance program's co-payment
16 scale. The plan shall be completed no later than February 1,
17 2008, and shall include:
18 (1) findings as to the percentage of income that the
19 average American family spends on child care and the
20 relative amounts that low-income families and the average
21 American family spend on other necessities of life;
22 (2) recommendations for revising the child care
23 co-payment scale to assure that families receiving child
24 care services from the Department are paying no more than
25 they can reasonably afford;
26 (3) recommendations for revising the child care
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1 co-payment scale to provide at-risk children with complete
2 access to Preschool for All and Head Start; and
3 (4) recommendations for changes in child care program
4 policies that affect the affordability of child care.
5 (e) (Blank).
6 (f) The Illinois Department shall, by rule, set rates to
7 be paid for the various types of child care. Child care may be
8 provided through one of the following methods:
9 (1) arranging the child care through eligible
10 providers by use of purchase of service contracts or
11 vouchers;
12 (2) arranging with other agencies and community
13 volunteer groups for non-reimbursed child care;
14 (3) (blank); or
15 (4) adopting such other arrangements as the Department
16 determines appropriate.
17 (f-1) Within 30 days after June 4, 2018 (the effective
18 date of Public Act 100-587), the Department of Human Services
19 shall establish rates for child care providers that are no
20 less than the rates in effect on January 1, 2018 increased by
21 4.26%.
22 (f-5) (Blank).
23 (f-10) When child care is arranged by use of purchase of
24 service contracts, in order to ensure the quality and
25 continuity of services, within 6 months after the effective
26 date of this amendatory Act of the 103rd General Assembly all
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1 contracts shall require each child care center to do the
2 following:
3 (1) Comply with the wage floor and compensation
4 policies set forth in Section 45-10 of the Early Childhood
5 Workforce Act.
6 (2) Report quarterly up-to-date contact information
7 for staff to the Department to allow the Department to
8 communicate with the workers about their rights and
9 supports available to them.
10 (3) Supply the Department with current copies of its
11 (i) wage scales for classroom and support staff, (ii)
12 formal procedures for addressing employee grievances, and
13 (iii) records of classroom and support staff participation
14 in creation of personnel and operational policies.
15 (4) Reconcile expenses quarterly and annually submit a
16 year-end comprehensive financial report in a form
17 prescribed by the Department which includes a detailed
18 breakdown of the uses of funding including amounts spent
19 on workforce compensation and supports.
20 (g) Families eligible for assistance under this Section
21 shall be given the following options:
22 (1) receiving a child care certificate issued by the
23 Department or a subcontractor of the Department that may
24 be used by the parents as payment for child care and
25 development services only; or
26 (2) if space is available, enrolling the child with a
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1 child care provider that has a purchase of service
2 contract with the Department or a subcontractor of the
3 Department for the provision of child care and development
4 services. The Department may identify particular priority
5 populations for whom they may request special
6 consideration by a provider with purchase of service
7 contracts, provided that the providers shall be permitted
8 to maintain a balance of clients in terms of household
9 incomes and families and children with special needs, as
10 defined by rule.
11 (Source: P.A. 101-81, eff. 7-12-19; 101-657, eff. 3-23-21;
12 102-491, eff. 8-20-21; 102-813, eff. 5-13-22; 102-926, eff.
13 5-27-22.)
14 Section 15. The Early Childhood Workforce Act is amended
15 by adding Sections 45-10 and 45-15 as follows:
16 (325 ILCS 80/45-10 new)
17 Sec. 45-10. Wage floor and compensation.
18 (a) The Early Childhood Workforce Standards Board is
19 created. The Board shall consist of the following members who
20 must be appointed within 60 days after the effective date of
21 this amendatory Act of the 103rd General Assembly:
22 (1) Two members of a labor union representing child
23 care workers who serve children in the Child Care
24 Assistance Program and the Preschool for All program.
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1 (2) Two representatives of early childhood programs.
2 (3) Two members of the public who are parents or
3 guardians of children in the Child Care Assistance Program
4 or the Preschool for All program.
5 (4) One representative of the Governor's Office of
6 Early Childhood Development.
7 (b) For State Fiscal Year 2025, and for each state fiscal
8 year thereafter, the Early Childhood Workforce Standards Board
9 shall determine the following:
10 (1) An hourly wage floor, and salaried equivalent, for
11 workers in State-funded early childhood programs which,
12 based on investigation, the Board believes will serve to
13 recruit and retain early childhood workers.
14 (2) Minimum increments above the wage floor as may be
15 necessary to retain workers in State-funded early
16 childhood programs such as for years of experience or job
17 title.
18 (c) Notwithstanding subsection (b) or any other provision
19 of law, the wage floor in State Fiscal Year 2027 and after
20 shall be no lower than $25 per hour.
21 (325 ILCS 80/45-15 new)
22 Sec. 45-15. Training and mentorship. Subject to
23 appropriation, beginning in State Fiscal Year 2025 the
24 Department of Human Services shall implement and administer a
25 program making grants to early childhood worker training
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1 programs that value experience, inclusion, equity, and racial
2 justice; and center worker voices and needs such as
3 mentorship, apprenticeships, and peer-led learning.
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