Illinois 2023-2024 Regular Session

Illinois House Bill HB4140 Latest Draft

Bill / Introduced Version Filed 09/20/2023

                            103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4140 Introduced , by Rep. Michael T. Marron SYNOPSIS AS INTRODUCED:   105 ILCS 5/2-3.71 from Ch. 122, par. 2-3.71   Amends the State Board of Education Article of the School Code. In provisions concerning grants for preschool educational programs, provides that school districts and other eligible entities shall (instead of may) use the State Board of Education's evaluation tools for school readiness for children prior to age 5. Provides that following an evaluation, if a school district or other eligible entity determines that a child does not meet school readiness requirements but is 5 or will turn 5 on or before September 1 of a school year and would otherwise be eligible to attend kindergarten, the child may continue to attend a preschool educational program for no more than one additional school year following the child meeting the kindergarten age requirement. Provides that upon completion of that school year, the child is no longer eligible to attend a preschool educational program. Requires the State Board of Education to establish guidelines and procedures for determining whether or not a child meets school readiness requirements. Effective July 1, 2024.  LRB103 33393 RJT 63205 b   A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4140 Introduced , by Rep. Michael T. Marron SYNOPSIS AS INTRODUCED:  105 ILCS 5/2-3.71 from Ch. 122, par. 2-3.71 105 ILCS 5/2-3.71 from Ch. 122, par. 2-3.71 Amends the State Board of Education Article of the School Code. In provisions concerning grants for preschool educational programs, provides that school districts and other eligible entities shall (instead of may) use the State Board of Education's evaluation tools for school readiness for children prior to age 5. Provides that following an evaluation, if a school district or other eligible entity determines that a child does not meet school readiness requirements but is 5 or will turn 5 on or before September 1 of a school year and would otherwise be eligible to attend kindergarten, the child may continue to attend a preschool educational program for no more than one additional school year following the child meeting the kindergarten age requirement. Provides that upon completion of that school year, the child is no longer eligible to attend a preschool educational program. Requires the State Board of Education to establish guidelines and procedures for determining whether or not a child meets school readiness requirements. Effective July 1, 2024.  LRB103 33393 RJT 63205 b     LRB103 33393 RJT 63205 b   A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4140 Introduced , by Rep. Michael T. Marron SYNOPSIS AS INTRODUCED:
105 ILCS 5/2-3.71 from Ch. 122, par. 2-3.71 105 ILCS 5/2-3.71 from Ch. 122, par. 2-3.71
105 ILCS 5/2-3.71 from Ch. 122, par. 2-3.71
Amends the State Board of Education Article of the School Code. In provisions concerning grants for preschool educational programs, provides that school districts and other eligible entities shall (instead of may) use the State Board of Education's evaluation tools for school readiness for children prior to age 5. Provides that following an evaluation, if a school district or other eligible entity determines that a child does not meet school readiness requirements but is 5 or will turn 5 on or before September 1 of a school year and would otherwise be eligible to attend kindergarten, the child may continue to attend a preschool educational program for no more than one additional school year following the child meeting the kindergarten age requirement. Provides that upon completion of that school year, the child is no longer eligible to attend a preschool educational program. Requires the State Board of Education to establish guidelines and procedures for determining whether or not a child meets school readiness requirements. Effective July 1, 2024.
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    LRB103 33393 RJT 63205 b
A BILL FOR
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  HB4140  LRB103 33393 RJT 63205 b
1  AN ACT concerning education.
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 HB4140 Introduced , by Rep. Michael T. Marron SYNOPSIS AS INTRODUCED:
105 ILCS 5/2-3.71 from Ch. 122, par. 2-3.71 105 ILCS 5/2-3.71 from Ch. 122, par. 2-3.71
105 ILCS 5/2-3.71 from Ch. 122, par. 2-3.71
Amends the State Board of Education Article of the School Code. In provisions concerning grants for preschool educational programs, provides that school districts and other eligible entities shall (instead of may) use the State Board of Education's evaluation tools for school readiness for children prior to age 5. Provides that following an evaluation, if a school district or other eligible entity determines that a child does not meet school readiness requirements but is 5 or will turn 5 on or before September 1 of a school year and would otherwise be eligible to attend kindergarten, the child may continue to attend a preschool educational program for no more than one additional school year following the child meeting the kindergarten age requirement. Provides that upon completion of that school year, the child is no longer eligible to attend a preschool educational program. Requires the State Board of Education to establish guidelines and procedures for determining whether or not a child meets school readiness requirements. Effective July 1, 2024.
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    LRB103 33393 RJT 63205 b
A BILL FOR

 

 

105 ILCS 5/2-3.71 from Ch. 122, par. 2-3.71



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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 2028-2029 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 shall may use to
11  evaluate children for school readiness prior to age 5. The
12  State Board of Education shall require school districts
13  and other eligible entities to obtain consent from the
14  parents or guardians of children before any evaluations
15  are conducted. Following an evaluation completed under
16  this paragraph (5), if a school district or other eligible
17  entity determines that a child does not meet school
18  readiness requirements but is 5 or will turn 5 on or before
19  September 1 of a school year and would otherwise be
20  eligible to attend kindergarten, the child may continue to
21  attend a preschool educational program for no more than
22  one additional school year following the child meeting the
23  kindergarten age requirement. Upon completion of that
24  school year, the child is no longer eligible to attend a
25  preschool educational program. The State Board of
26  Education shall encourage local school districts and other

 

 

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1  eligible entities to evaluate the population of preschool
2  children in their communities and provide preschool
3  programs, pursuant to this subsection, where appropriate.
4  The State Board of Education shall establish guidelines
5  and procedures for determining whether or not a child
6  meets school readiness requirements under this paragraph
7  (5).
8  (6) The State Board of Education shall report to the
9  General Assembly by November 1, 2018 and every 2 years
10  thereafter on the results and progress of students who
11  were enrolled in preschool educational programs, including
12  an assessment of which programs have been most successful
13  in promoting academic excellence and alleviating academic
14  failure. The State Board of Education shall assess the
15  academic progress of all students who have been enrolled
16  in preschool educational programs.
17  On or before November 1 of each fiscal year in which
18  the General Assembly provides funding for new programs
19  under paragraph (4.5) of this Section, the State Board of
20  Education shall report to the General Assembly on what
21  percentage of new funding was provided to programs serving
22  primarily at-risk children, what percentage of new funding
23  was provided to programs serving primarily children with a
24  family income of less than 4 times the federal poverty
25  level, and what percentage of new funding was provided to
26  other programs.

 

 

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1  (7) Due to evidence that expulsion practices in the
2  preschool years are linked to poor child outcomes and are
3  employed inconsistently across racial and gender groups,
4  early childhood programs receiving State funds under this
5  subsection (a) shall prohibit expulsions. Planned
6  transitions to settings that are able to better meet a
7  child's needs are not considered expulsion under this
8  paragraph (7).
9  (A) When persistent and serious challenging
10  behaviors emerge, the early childhood program shall
11  document steps taken to ensure that the child can
12  participate safely in the program; including
13  observations of initial and ongoing challenging
14  behaviors, strategies for remediation and intervention
15  plans to address the behaviors, and communication with
16  the parent or legal guardian, including participation
17  of the parent or legal guardian in planning and
18  decision-making.
19  (B) The early childhood program shall, with
20  parental or legal guardian consent as required,
21  utilize a range of community resources, if available
22  and deemed necessary, including, but not limited to,
23  developmental screenings, referrals to programs and
24  services administered by a local educational agency or
25  early intervention agency under Parts B and C of the
26  federal Individual with Disabilities Education Act,

 

 

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1  and consultation with infant and early childhood
2  mental health consultants and the child's health care
3  provider. The program shall document attempts to
4  engage these resources, including parent or legal
5  guardian participation and consent attempted and
6  obtained. Communication with the parent or legal
7  guardian shall take place in a culturally and
8  linguistically competent manner.
9  (C) If there is documented evidence that all
10  available interventions and supports recommended by a
11  qualified professional have been exhausted and the
12  program determines in its professional judgment that
13  transitioning a child to another program is necessary
14  for the well-being of the child or his or her peers and
15  staff, with parent or legal guardian permission, both
16  the current and pending programs shall create a
17  transition plan designed to ensure continuity of
18  services and the comprehensive development of the
19  child. Communication with families shall occur in a
20  culturally and linguistically competent manner.
21  (D) Nothing in this paragraph (7) shall preclude a
22  parent's or legal guardian's right to voluntarily
23  withdraw his or her child from an early childhood
24  program. Early childhood programs shall request and
25  keep on file, when received, a written statement from
26  the parent or legal guardian stating the reason for

 

 

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1  his or her decision to withdraw his or her child.
2  (E) In the case of the determination of a serious
3  safety threat to a child or others or in the case of
4  behaviors listed in subsection (d) of Section 10-22.6
5  of this Code, the temporary removal of a child from
6  attendance in group settings may be used. Temporary
7  removal of a child from attendance in a group setting
8  shall trigger the process detailed in subparagraphs
9  (A), (B), and (C) of this paragraph (7), with the child
10  placed back in a group setting as quickly as possible.
11  (F) Early childhood programs may utilize and the
12  State Board of Education, the Department of Human
13  Services, and the Department of Children and Family
14  Services shall recommend training, technical support,
15  and professional development resources to improve the
16  ability of teachers, administrators, program
17  directors, and other staff to promote social-emotional
18  development and behavioral health, to address
19  challenging behaviors, and to understand trauma and
20  trauma-informed care, cultural competence, family
21  engagement with diverse populations, the impact of
22  implicit bias on adult behavior, and the use of
23  reflective practice techniques. Support shall include
24  the availability of resources to contract with infant
25  and early childhood mental health consultants.
26  (G) Beginning on July 1, 2018, early childhood

 

 

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1  programs shall annually report to the State Board of
2  Education, and, beginning in fiscal year 2020, the
3  State Board of Education shall make available on a
4  biennial basis, in an existing report, all of the
5  following data for children from birth to age 5 who are
6  served by the program:
7  (i) Total number served over the course of the
8  program year and the total number of children who
9  left the program during the program year.
10  (ii) Number of planned transitions to another
11  program due to children's behavior, by children's
12  race, gender, disability, language, class/group
13  size, teacher-child ratio, and length of program
14  day.
15  (iii) Number of temporary removals of a child
16  from attendance in group settings due to a serious
17  safety threat under subparagraph (E) of this
18  paragraph (7), by children's race, gender,
19  disability, language, class/group size,
20  teacher-child ratio, and length of program day.
21  (iv) Hours of infant and early childhood
22  mental health consultant contact with program
23  leaders, staff, and families over the program
24  year.
25  (H) Changes to services for children with an
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1  service plan shall be construed in a manner consistent
2  with the federal Individuals with Disabilities
3  Education Act.
4  The State Board of Education, in consultation with the
5  Governor's Office of Early Childhood Development and the
6  Department of Children and Family Services, shall adopt
7  rules to administer this paragraph (7).
8  (b) (Blank).
9  (c) Notwithstanding any other provisions of this Section,
10  grantees may serve children ages 0 to 12 of essential workers
11  if the Governor has declared a disaster due to a public health
12  emergency pursuant to Section 7 of the Illinois Emergency
13  Management Agency Act. For the purposes of this subsection,
14  essential workers include those outlined in Executive Order
15  20-8 and school employees. The State Board of Education shall
16  adopt rules to administer this subsection.
17  (Source: P.A. 103-111, eff. 6-29-23.)
18  Section 99. Effective date. This Act takes effect July 1,
19  2024.

 

 

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