Public Act 103-0410
HB2396 EnrolledLRB103 30800 RJT 57293 b HB2396 Enrolled LRB103 30800 RJT 57293 b
HB2396 Enrolled LRB103 30800 RJT 57293 b
AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by adding Section
10-22.18e and by changing Sections 10-20.19a and 10-22.18 as
follows:
(105 ILCS 5/10-20.19a) (from Ch. 122, par. 10-20.19a)
Sec. 10-20.19a. Kindergartens. After July 1, 1970, to
establish and maintain kindergartens for the instruction of
children in accordance with rules and regulations prescribed
by the State Board of Education. Such kindergartens may
provide for either a 1/2 day or a full day of attendance for
pupils enrolled therein.
This Section is repealed on July 1, 2023.
(Source: P.A. 84-18.)
(105 ILCS 5/10-22.18) (from Ch. 122, par. 10-22.18)
Sec. 10-22.18. Kindergartens.
(a) To establish kindergartens for the instruction of
children between the ages of 4 and 6 years, if in their
judgment the public interest requires it, and to pay the
necessary expenses thereof out of the school funds of the
district. Until the 2027-2028 school year, upon Upon petition
HB2396 Enrolled LRB103 30800 RJT 57293 b
of at least 50 parents or guardians of children between the
ages of 4 and 6, residing within any school district and within
one mile of the public school where such kindergarten is
proposed to be established, the board of directors shall, if
funds are available, establish a kindergarten in connection
with the public school designated in the petition and maintain
it as long as the annual average daily attendance therein is
not less than 15. Until the 2027-2028 school year, the The
board may establish a kindergarten with half-day attendance or
with full-day attendance; however, if . If the board
establishes full-day kindergarten, it shall also establish
half-day kindergarten. Beginning with the 2027-2028 school
year, each school board must establish a kindergarten with
full-day attendance and may establish a kindergarten with
half-day attendance. Full-day and half-day kindergarten should
be developmentally appropriate and provide opportunities for
play-based learning. No one shall be employed to teach in a
kindergarten who does not hold a license as provided by law.
(b) An elementary or unit school district that does not
offer full-day kindergarten as of October 1, 2022, may, by
action of the State Board of Education, apply for an extension
of the 2027-2028 school year implementation deadline for 2
additional years if one of the following criteria are met:
(1) the school district is funded below 76% of
adequacy according to the Evidence-Based Funding formula
under Section 18-8.15 of this Code in Fiscal Year 2023;
(2) the school district is ranked in the top 25% of
capital funding need by the Full-Day Kindergarten Task
Force, but has yet to receive capital funding as of the
date of the application; or
(3) the school district meets a criterion set by the
State Board of Education based on the Full-Day
Kindergarten Task Force's recommendations under subsection
(b) of Section 10-22.18e of this Code.
(Source: P.A. 102-894, eff. 5-20-22.)
(105 ILCS 5/10-22.18e new)
Sec. 10-22.18e. Full-Day Kindergarten Task Force.
(a) The Full-Day Kindergarten Task Force is created for
the purpose of conducting a statewide audit to inform the
planning and implementation of full-day kindergarten in the
State and shall, at a minimum, collect, analyze, and report
the following:
(1) the number of elementary and unit school districts
in the State that are currently offering kindergarten,
including the number offering full-day kindergarten, the
number offering part-day kindergarten, and the number
offering both part-day kindergarten and full-day
kindergarten;
(2) the number of students currently enrolled in
kindergarten in the State, including the number enrolled
in full-day kindergarten, the number enrolled in part-day
kindergarten, the total number enrolled in either part-day
kindergarten or full-day kindergarten, and the number of
children on any waitlists for part-day or full-day
kindergarten;
(3) for all elementary and unit school districts, an
estimate of the number of students eligible for
kindergarten;
(4) for all elementary and unit school districts that
do not currently offer full-day kindergarten, an analysis
of their space utilization rate and an assessment of
district capacity to provide space for full-day
kindergarten classrooms;
(5) for all elementary and unit school districts that
do not currently offer full-day kindergarten and are found
to have insufficient capacity to provide space for
full-day kindergarten classrooms, an estimate of the costs
associated with providing full-day kindergarten
classrooms;
(6) recommendations on how available capital funds for
full-day kindergarten might be disbursed to school
districts to prioritize districts most in need of State
resources; and
(7) other data or recommendations that would support
the State or individual school districts in offering
full-day kindergarten. Such recommendations may include an
analysis of other start-up or categorical costs associated
with offering full-day kindergarten.
(b) Based on the findings reported under subsection (a) of
this Section, the Task Force may recommend that the State
Board of Education consider an additional criterion when
granting a waiver under subsection (b) of Section 10-22.18 of
this Code. The State Board of Education shall make a final
determination regarding this additional factor and provide
public notice of that determination by no later than July 1,
2025.
(c) Members of the Full-Day Kindergarten Task Force shall
be appointed by no later than October 1, 2023 and shall possess
the expertise needed to complete the report and
recommendations. Members appointed to the Task Force must
reflect the racial, ethnic, and geographic diversity of this
State. Task Force members shall include all of the following:
(1) The State Superintendent of Education or the
Superintendent's designee.
(2) Three members appointed by the State Board of
Education with relevant expertise.
(3) One member who represents the Capital Development
Board, appointed by the State Superintendent of Education.
(4) One member from an organization with expertise in
school construction and facilities financing, appointed by
the State Superintendent of Education.
(5) One member from an organization with expertise in
local, State, and federal tax and budget related issues,
appointed by the State Superintendent of Education.
(6) One member of a statewide professional teachers'
organization who is a kindergarten teacher, appointed by
the State Superintendent of Education.
(7) One member of another statewide professional
teachers' organization who is a kindergarten teacher,
appointed by the State Superintendent of Education.
(8) One member who represents a statewide organization
of school business officials and has experience overseeing
schools with kindergarten programs, appointed by the State
Superintendent of Education.
(9) One member who represents a statewide organization
of principals and has experience overseeing schools with
kindergarten programs, appointed by the State
Superintendent of Education.
(10) One member who represents a statewide
organization of school boards and has experience
overseeing schools with kindergarten programs, appointed
by the State Superintendent of Education.
(11) Three members who are parents of students, one of
whom is from an urban elementary or unit school district,
one of whom is from a rural elementary or unit school
district, and one of whom is from a suburban elementary or
unit school district, all appointed by the State
Superintendent of Education.
(12) One member who represents a statewide
organization of school districts and has experience
overseeing schools with kindergarten programs, appointed
by the State Superintendent of Education.
(13) One member who represents an elementary or unit
school district that is a Tier 3 or Tier 4 school district
as defined by Section 18-8.15 of this Code and that does
not currently offer full-day kindergarten, appointed by
the State Superintendent of Education.
(14) One member who represents a school district
serving a community with a population of 500,000 or more,
appointed by the State Superintendent of Education.
(15) One member who represents a rural elementary or
unit school district, appointed by the State
Superintendent of Education.
(d) The Full-Day Kindergarten Task Force shall meet at the
call of the State Superintendent of Education or the
Superintendent's designee, who shall serve as the chairperson.
The State Board of Education shall provide administrative and
other support to the Task Force. Members of the Task Force
shall serve without compensation.
(e) The Full-Day Kindergarten Task Force shall issue an
interim report by June 30, 2024 and a final report to the
General Assembly and Governor's Office no later than January
31, 2025.
(f) Upon issuing its final report, the Full-Day
Kindergarten Task Force is dissolved.
Section 99. Effective date. This Act takes effect upon
becoming law.