IL
Illinois House Bill HB5451

Illinois 2023-2024 Regular Session

Illinois House Bill HB5451 Compare Versions

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1+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5451 Introduced , by Rep. Mary Beth Canty SYNOPSIS AS INTRODUCED: See Index Creates the Department of Early Childhood Act. Creates the Department of Early Childhood to begin operation on July 1, 2024 and transfers to it certain rights, powers, duties, and functions currently exercised by various agencies of State Government. Provides that, beginning July 1, 2026 the Department of Early Childhood shall be the lead State agency for administering and providing early childhood education and care programs and services to children and families including: home-visiting services; early intervention services; preschool services; child care services; licensing for day care centers, day care homes, and group day care homes; and other early childhood education and care programs and administrative functions historically managed by the State Board of Education, the Department of Human Services, and the Department of Children and Family Services. Makes conforming changes to various Acts including the Department of Human Services Act, the Illinois Early Learning Council Act, the Illinois Procurement Code, the School Code, the Illinois Public Aid Code, the Early Intervention Services System Act and the Children and Family Services Act. Effective immediately. LRB103 39421 KTG 69604 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5451 Introduced , by Rep. Mary Beth Canty SYNOPSIS AS INTRODUCED: See Index See Index Creates the Department of Early Childhood Act. Creates the Department of Early Childhood to begin operation on July 1, 2024 and transfers to it certain rights, powers, duties, and functions currently exercised by various agencies of State Government. Provides that, beginning July 1, 2026 the Department of Early Childhood shall be the lead State agency for administering and providing early childhood education and care programs and services to children and families including: home-visiting services; early intervention services; preschool services; child care services; licensing for day care centers, day care homes, and group day care homes; and other early childhood education and care programs and administrative functions historically managed by the State Board of Education, the Department of Human Services, and the Department of Children and Family Services. Makes conforming changes to various Acts including the Department of Human Services Act, the Illinois Early Learning Council Act, the Illinois Procurement Code, the School Code, the Illinois Public Aid Code, the Early Intervention Services System Act and the Children and Family Services Act. Effective immediately. LRB103 39421 KTG 69604 b LRB103 39421 KTG 69604 b A BILL FOR
2+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5451 Introduced , by Rep. Mary Beth Canty SYNOPSIS AS INTRODUCED:
3+See Index See Index
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5+Creates the Department of Early Childhood Act. Creates the Department of Early Childhood to begin operation on July 1, 2024 and transfers to it certain rights, powers, duties, and functions currently exercised by various agencies of State Government. Provides that, beginning July 1, 2026 the Department of Early Childhood shall be the lead State agency for administering and providing early childhood education and care programs and services to children and families including: home-visiting services; early intervention services; preschool services; child care services; licensing for day care centers, day care homes, and group day care homes; and other early childhood education and care programs and administrative functions historically managed by the State Board of Education, the Department of Human Services, and the Department of Children and Family Services. Makes conforming changes to various Acts including the Department of Human Services Act, the Illinois Early Learning Council Act, the Illinois Procurement Code, the School Code, the Illinois Public Aid Code, the Early Intervention Services System Act and the Children and Family Services Act. Effective immediately.
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311 1 AN ACT concerning the Department of Early Childhood.
412 2 Be it enacted by the People of the State of Illinois,
513 3 represented in the General Assembly:
614 4 ARTICLE 1. GENERAL PROVISIONS
715 5 Section 1-1. Short title. This Act may be cited as the
816 6 Department of Early Childhood Act.
917 7 Section 1-5. Findings. The General Assembly finds that:
1018 8 (1) There are over 875,000 children under the age of 5 in
1119 9 Illinois, nearly half of whom are under the age of 3. At birth,
1220 10 a baby's brain is 25 percent the size of an adult's brain. Yet,
1321 11 an infant's brain has roughly 86 billion neurons, almost all
1422 12 the neurons the human brain will ever have.
1523 13 (2) From 3 to 15 months, neuron connections form at a rate
1624 14 of 40,000 per second. By age 3, synaptic connections have
1725 15 grown to 100 trillion. Ages 3 to 5 are critical years to build
1826 16 executive function skills like focusing attention, remembering
1927 17 instructions, and demonstrating self-control. Without these
2028 18 skills, children are not fully equipped to learn when they
2129 19 enter kindergarten. By age 5, 90% of brain development is
2230 20 complete.
2331 21 (3) Prenatal programs improve the regular care of birthing
2432 22 parents, reduce the risk of infant low birth weight and
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36+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5451 Introduced , by Rep. Mary Beth Canty SYNOPSIS AS INTRODUCED:
37+See Index See Index
38+See Index
39+Creates the Department of Early Childhood Act. Creates the Department of Early Childhood to begin operation on July 1, 2024 and transfers to it certain rights, powers, duties, and functions currently exercised by various agencies of State Government. Provides that, beginning July 1, 2026 the Department of Early Childhood shall be the lead State agency for administering and providing early childhood education and care programs and services to children and families including: home-visiting services; early intervention services; preschool services; child care services; licensing for day care centers, day care homes, and group day care homes; and other early childhood education and care programs and administrative functions historically managed by the State Board of Education, the Department of Human Services, and the Department of Children and Family Services. Makes conforming changes to various Acts including the Department of Human Services Act, the Illinois Early Learning Council Act, the Illinois Procurement Code, the School Code, the Illinois Public Aid Code, the Early Intervention Services System Act and the Children and Family Services Act. Effective immediately.
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3367 1 mortality, and increase regular child wellness visits,
3468 2 screenings, and immunizations.
3569 3 (4) Early childhood education and care not only improve
3670 4 school readiness and literacy, but also improve cognitive
3771 5 development for future success in life, school, and the
3872 6 workforce.
3973 7 (5) Research shows that for every dollar invested in
4074 8 high-quality early childhood education and care, society gains
4175 9 over $7 in economic returns in the long-term.
4276 10 (6) Supporting children means supporting their parents and
4377 11 families. The early childhood education and care industry is
4478 12 the workforce behind all other workforces. High-quality child
4579 13 care enables parents and families to consistently work and
4680 14 earn an income to support their children. Research also shows
4781 15 that early childhood education and care programs can reduce
4882 16 parental stress and improve family well-being.
4983 17 (7) Investing in early childhood education and care is in
5084 18 the interest of all residents and will make Illinois the best
5185 19 state in the nation to raise young children.
5286 20 Section 1-10. Purpose. It is the purpose of this Act to
5387 21 provide for the creation of the Department of Early Childhood
5488 22 and to transfer to it certain rights, powers, duties, and
5589 23 functions currently exercised by various agencies of State
5690 24 Government. The Department of Early Childhood shall be the
5791 25 lead State agency for administering and providing early
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68102 1 childhood education and care programs and services to children
69103 2 and families. This Act centralizes home-visiting services,
70104 3 early intervention services, preschool services, child care
71105 4 services, licensing for day care centers, day care homes, and
72106 5 group day care homes, and other early childhood education and
73107 6 care programs and administrative functions historically
74108 7 managed by the Illinois State Board of Education, the Illinois
75109 8 Department of Human Services, and the Illinois Department of
76110 9 Children and Family Services. Centralizing early childhood
77111 10 functions into a single State agency is intended to simplify
78112 11 the process for parents and caregivers to identify and enroll
79113 12 children in early childhood services, to create new,
80114 13 equity-driven statewide systems, to streamline administrative
81115 14 functions for providers, and to improve kindergarten readiness
82116 15 for children.
83117 16 Section 1-11. Rights; privileges; protections.
84118 17 Notwithstanding any provision of law to the contrary, any
85119 18 rights, privileges, or protections afforded to students in
86120 19 early childhood education and care programs, including
87121 20 undocumented students, under the School Code or any other
88122 21 provision of law shall not terminate upon the effective date
89123 22 of this Act.
90124 23 Section 1-15. Definitions. As used in this Act, unless the
91125 24 context otherwise requires:
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102136 1 "Department" means the Department of Early Childhood.
103137 2 "Secretary" means the Secretary of Early Childhood.
104138 3 "Transferring agency" means the Department of Human
105139 4 Services, Department of Children and Family Services, and the
106140 5 State Board of Education.
107141 6 Section 1-20. Department; Secretary; organization.
108142 7 (a) The Department of Early Childhood is created and shall
109143 8 begin operation on July 1, 2024.
110144 9 (b) The head officer of the Department is the Secretary.
111145 10 The Secretary shall be appointed by the Governor, with the
112146 11 advice and consent of the Senate. The Department may employ or
113147 12 retain other persons to assist in the discharge of its
114148 13 functions, subject to the Personnel Code.
115149 14 (c) The Governor may, with the advice and consent of the
116150 15 Senate, appoint an appropriate number of persons to serve as
117151 16 Assistant Secretaries to head the major programmatic divisions
118152 17 of the Department. Assistant Secretaries shall not be subject
119153 18 to the Personnel Code.
120154 19 (d) The Secretary shall create divisions and
121155 20 administrative units within the Department and shall assign
122156 21 functions, powers, duties, and personnel as may now or in the
123157 22 future be required by State or federal law. The Secretary may
124158 23 create other divisions and administrative units and may assign
125159 24 other functions, powers, duties, and personnel as may be
126160 25 necessary or desirable to carry out the functions and
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137171 1 responsibilities vested by law in the Department.
138172 2 Section 1-30. General powers and duties.
139173 3 (a) The Department shall exercise the rights, powers,
140174 4 duties, and functions provided by law, including, but not
141175 5 limited to, the rights, powers, duties, and functions
142176 6 transferred to the Department.
143177 7 (b) The Department may employ personnel (in accordance
144178 8 with the Personnel Code and any applicable collective
145179 9 bargaining agreements), provide facilities, contract for goods
146180 10 and services, and adopt rules as necessary to carry out its
147181 11 functions and purposes, all in accordance with applicable
148182 12 State and federal law.
149183 13 The Department may establish such subdivisions of the
150184 14 Department as shall be desirable and assign to the various
151185 15 subdivisions the responsibilities and duties placed upon the
152186 16 Department by the Laws of the State of Illinois.
153187 17 The Department shall adopt, as necessary, rules for the
154188 18 execution of its powers. The provisions of the Illinois
155189 19 Administrative Procedure Act are hereby expressly adopted and
156190 20 shall apply to all administrative rules and procedures of the
157191 21 Department under this Act, except that Section 5-35 of the
158192 22 Illinois Administrative Procedure Act relating to procedures
159193 23 for rulemaking does not apply to the adoption of any rule
160194 24 required by federal law in connection with which the
161195 25 Department is precluded by law from exercising any discretion.
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172206 1 (c) Procurement; contracts necessary for the creation of
173207 2 the Department of Early Childhood and the implementation of
174208 3 the Department's mission are not subject to the Illinois
175209 4 Procurement Code provided that the process shall be conducted
176210 5 in a manner substantially in accordance with the requirements
177211 6 of the following Sections of the Illinois Procurement Code:
178212 7 20-160, 50-5, 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20,
179213 8 50-21, 50-35, 50-36, 50-37, 50-38, and 50-50. Contracts
180214 9 entered into by the Department of Early Childhood using this
181215 10 exemption shall not exceed 3 years in length and must expire no
182216 11 later than July 1, 2027. All contracts entered into after July
183217 12 1, 2027, are subject to the Procurement Code and the
184218 13 requirements therein. Contracts entered into utilizing this
185219 14 exemption shall be posted to the agency website for one year
186220 15 after contract execution.
187221 16 ARTICLE 10. POWERS AND DUTIES RELATING TO EARLY INTERVENTION
188222 17 SERVICES
189223 18 Section 10-5. Transition planning. Beginning July 1, 2024,
190224 19 the Department of Early Childhood and the Department of Human
191225 20 Services shall collaborate and plan for the transition of
192226 21 administrative responsibilities as prescribed in the Early
193227 22 Intervention Services System Act.
194228 23 Section 10-10. Legislative findings and policy.
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205239 1 (a) The General Assembly finds that there is an urgent and
206240 2 substantial need to:
207241 3 (1) enhance the development of all eligible infants
208242 4 and toddlers in the State of Illinois in order to minimize
209243 5 developmental delay and maximize individual potential for
210244 6 adult independence;
211245 7 (2) enhance the capacity of families to meet the
212246 8 special needs of eligible infants and toddlers including
213247 9 the purchase of services when necessary;
214248 10 (3) reduce educational costs by minimizing the need
215249 11 for special education and related services when eligible
216250 12 infants and toddlers reach school age;
217251 13 (4) enhance the independence, productivity and
218252 14 integration with age-appropriate peers of eligible
219253 15 children and their families;
220254 16 (5) reduce social services costs and minimize the need
221255 17 for institutionalization; and
222256 18 (6) prevent secondary impairments and disabilities by
223257 19 improving the health of infants and toddlers, thereby
224258 20 reducing health costs for the families and the State.
225259 21 (b) The General Assembly therefore intends that the
226260 22 policy of this State shall be to:
227261 23 (1) affirm the importance of the family in all areas
228262 24 of the child's development and reinforce the role of the
229263 25 family as a participant in the decision-making processes
230264 26 regarding their child;
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241275 1 (2) provide assistance and support to eligible infants
242276 2 and toddlers and their families to address the individual
243277 3 concerns and decisions of each family;
244278 4 (3) develop and implement, on a statewide basis,
245279 5 locally based comprehensive, coordinated,
246280 6 interdisciplinary, interagency early intervention
247281 7 services for all eligible infants and toddlers;
248282 8 (4) enhance the local communities' capacity to provide
249283 9 an array of quality early intervention services;
250284 10 (5) identify and coordinate all available resources
251285 11 for early intervention within the State including those
252286 12 from federal, State, local and private sources;
253287 13 (6) provide financial and technical assistance to
254288 14 local communities for the purposes of coordinating early
255289 15 intervention services in local communities and enhancing
256290 16 the communities' capacity to provide individualized early
257291 17 intervention services to all eligible infants and toddlers
258292 18 in their homes or in community environments; and
259293 19 (7) affirm that eligible infants and toddlers have a
260294 20 right to receive early intervention services to the
261295 21 maximum extent appropriate, in natural environments in
262296 22 which infants and toddlers without disabilities would
263297 23 participate.
264298 24 (c) The General Assembly further finds that early
265299 25 intervention services are cost-effective and effectively serve
266300 26 the developmental needs of eligible infants and toddlers and
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277311 1 their families. Therefore, the purpose of this Act is to
278312 2 provide a comprehensive, coordinated, interagency,
279313 3 interdisciplinary early intervention services system for
280314 4 eligible infants and toddlers and their families by enhancing
281315 5 the capacity to provide quality early intervention services,
282316 6 expanding and improving existing services, and facilitating
283317 7 coordination of payments for early intervention services from
284318 8 various public and private sources.
285319 9 Section 10-15. Definitions. As used in this Act:
286320 10 (a) "Eligible infants and toddlers" means infants and
287321 11 toddlers under 36 months of age with any of the following
288322 12 conditions:
289323 13 (1) Developmental delays.
290324 14 (2) A physical or mental condition which typically
291325 15 results in developmental delay.
292326 16 (3) Being at risk of having substantial developmental
293327 17 delays based on informed clinical opinion.
294328 18 (4) Either (A) having entered the program under any of
295329 19 the circumstances listed in paragraphs (1) through (3) of
296330 20 this subsection but no longer meeting the current
297331 21 eligibility criteria under those paragraphs, and
298332 22 continuing to have any measurable delay, or (B) not having
299333 23 attained a level of development in each area, including
300334 24 (i) cognitive, (ii) physical (including vision and
301335 25 hearing), (iii) language, speech, and communication, (iv)
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312346 1 social or emotional, or (v) adaptive, that is at least at
313347 2 the mean of the child's age equivalent peers; and, in
314348 3 addition to either item (A) or item (B), (C) having been
315349 4 determined by the multidisciplinary individualized family
316350 5 service plan team to require the continuation of early
317351 6 intervention services in order to support continuing
318352 7 developmental progress, pursuant to the child's needs and
319353 8 provided in an appropriate developmental manner. The type,
320354 9 frequency, and intensity of services shall differ from the
321355 10 initial individualized family services plan because of the
322356 11 child's developmental progress, and may consist of only
323357 12 service coordination, evaluation, and assessments.
324358 13 "Eligible infants and toddlers" includes any child under
325359 14 the age of 3 who is the subject of a substantiated case of
326360 15 child abuse or neglect as defined in the federal Child Abuse
327361 16 Prevention and Treatment Act.
328362 17 (b) "Developmental delay" means a delay in one or more of
329363 18 the following areas of childhood development as measured by
330364 19 appropriate diagnostic instruments and standard procedures:
331365 20 cognitive; physical, including vision and hearing; language,
332366 21 speech and communication; social or emotional; or adaptive.
333367 22 The term means a delay of 30% or more below the mean in
334368 23 function in one or more of those areas.
335369 24 (c) "Physical or mental condition which typically results
336370 25 in developmental delay" means:
337371 26 (1) a diagnosed medical disorder or exposure to a
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348382 1 toxic substance bearing a relatively well known expectancy
349383 2 for developmental outcomes within varying ranges of
350384 3 developmental disabilities; or
351385 4 (2) a history of prenatal, perinatal, neonatal or
352386 5 early developmental events suggestive of biological
353387 6 insults to the developing central nervous system and which
354388 7 either singly or collectively increase the probability of
355389 8 developing a disability or delay based on a medical
356390 9 history.
357391 10 (d) "Informed clinical opinion" means both clinical
358392 11 observations and parental participation to determine
359393 12 eligibility by a consensus of a multidisciplinary team of 2 or
360394 13 more members based on their professional experience and
361395 14 expertise.
362396 15 (e) "Early intervention services" means services which:
363397 16 (1) are designed to meet the developmental needs of
364398 17 each child eligible under this Act and the needs of his or
365399 18 her family;
366400 19 (2) are selected in collaboration with the child's
367401 20 family;
368402 21 (3) are provided under public supervision;
369403 22 (4) are provided at no cost except where a schedule of
370404 23 sliding scale fees or other system of payments by families
371405 24 has been adopted in accordance with State and federal law;
372406 25 (5) are designed to meet an infant's or toddler's
373407 26 developmental needs in any of the following areas:
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384418 1 (A) physical development, including vision and
385419 2 hearing,
386420 3 (B) cognitive development,
387421 4 (C) communication development,
388422 5 (D) social or emotional development, or
389423 6 (E) adaptive development;
390424 7 (6) meet the standards of the State, including the
391425 8 requirements of this Act;
392426 9 (7) include one or more of the following:
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394428 11 (B) social work services, including counseling,
395429 12 and home visits,
396430 13 (C) special instruction,
397431 14 (D) speech, language pathology and audiology,
398432 15 (E) occupational therapy,
399433 16 (F) physical therapy,
400434 17 (G) psychological services,
401435 18 (H) service coordination services,
402436 19 (I) medical services only for diagnostic or
403437 20 evaluation purposes,
404438 21 (J) early identification, screening, and
405439 22 assessment services,
406440 23 (K) health services specified by the lead agency
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408442 25 benefit from the other early intervention services,
409443 26 (L) vision services,
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420454 1 (M) transportation,
421455 2 (N) assistive technology devices and services,
422456 3 (O) nursing services,
423457 4 (P) nutrition services, and
424458 5 (Q) sign language and cued language services;
425459 6 (8) are provided by qualified personnel, including but
426460 7 not limited to:
427461 8 (A) child development specialists or special
428462 9 educators, including teachers of children with hearing
429463 10 impairments (including deafness) and teachers of
430464 11 children with vision impairments (including
431465 12 blindness),
432466 13 (B) speech and language pathologists and
433467 14 audiologists,
434468 15 (C) occupational therapists,
435469 16 (D) physical therapists,
436470 17 (E) social workers,
437471 18 (F) nurses,
438472 19 (G) dietitian nutritionists,
439473 20 (H) vision specialists, including ophthalmologists
440474 21 and optometrists,
441475 22 (I) psychologists, and
442476 23 (J) physicians;
443477 24 (9) are provided in conformity with an Individualized
444478 25 Family Service Plan;
445479 26 (10) are provided throughout the year; and
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456490 1 (11) are provided in natural environments, to the
457491 2 maximum extent appropriate, which may include the home and
458492 3 community settings, unless justification is provided
459493 4 consistent with federal regulations adopted under Sections
460494 5 1431 through 1444 of Title 20 of the United States Code.
461495 6 (f) "Individualized Family Service Plan" or "Plan" means a
462496 7 written plan for providing early intervention services to a
463497 8 child eligible under this Act and the child's family, as set
464498 9 forth in Section 10-65.
465499 10 (g) "Local interagency agreement" means an agreement
466500 11 entered into by local community and State and regional
467501 12 agencies receiving early intervention funds directly from the
468502 13 State and made in accordance with State interagency agreements
469503 14 providing for the delivery of early intervention services
470504 15 within a local community area.
471505 16 (h) "Council" means the Illinois Interagency Council on
472506 17 Early Intervention established under Section 10-30.
473507 18 (i) "Lead agency" means the State agency responsible for
474508 19 administering this Act and receiving and disbursing public
475509 20 funds received in accordance with State and federal law and
476510 21 rules.
477511 22 (i-5) "Central billing office" means the central billing
478512 23 office created by the lead agency under Section 10-75.
479513 24 (j) "Child find" means a service which identifies eligible
480514 25 infants and toddlers.
481515 26 (k) "Regional intake entity" means the lead agency's
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492526 1 designated entity responsible for implementation of the Early
493527 2 Intervention Services System within its designated geographic
494528 3 area.
495529 4 (l) "Early intervention provider" means an individual who
496530 5 is qualified, as defined by the lead agency, to provide one or
497531 6 more types of early intervention services, and who has
498532 7 enrolled as a provider in the early intervention program.
499533 8 (m) "Fully credentialed early intervention provider" means
500534 9 an individual who has met the standards in the State
501535 10 applicable to the relevant profession, and has met such other
502536 11 qualifications as the lead agency has determined are suitable
503537 12 for personnel providing early intervention services, including
504538 13 pediatric experience, education, and continuing education. The
505539 14 lead agency shall establish these qualifications by rule filed
506540 15 no later than 180 days after the effective date of this Act.
507541 16 (n) "Telehealth" has the meaning given to that term in
508542 17 Section 5 of the Telehealth Act.
509543 18 (o) "Department" means Department of Early Childhood
510544 19 unless otherwise specified.
511545 20 Section 10-25. Services delivered by telehealth. An early
512546 21 intervention provider may deliver via telehealth any type of
513547 22 early intervention service outlined in subsection (e) of
514548 23 Section 10-15 to the extent of the early intervention
515549 24 provider's scope of practice as established in the provider's
516550 25 respective licensing Act consistent with the standards of care
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527561 1 for in-person services. This Section shall not be construed to
528562 2 alter the scope of practice of any early intervention provider
529563 3 or authorize the delivery of early intervention services in a
530564 4 setting or in a manner not otherwise authorized by the laws of
531565 5 this State.
532566 6 Section 10-30. Illinois Interagency Council on Early
533567 7 Intervention.
534568 8 (a) There is established the Illinois Interagency Council
535569 9 on Early Intervention. The Council shall be composed of at
536570 10 least 20 but not more than 30 members. The members of the
537571 11 Council and the designated chairperson of the Council shall be
538572 12 appointed by the Governor. The Council member representing the
539573 13 lead agency may not serve as chairperson of the Council. On and
540574 14 after July 1, 2026, the Council shall be composed of the
541575 15 following members:
542576 16 (1) The Secretary of Early Childhood (or the Secretary's
543577 17 designee) and 2 additional representatives of the Department
544578 18 of Early Childhood designated by the Secretary, plus the
545579 19 Directors (or their designees) of the following State agencies
546580 20 involved in the provision of or payment for early intervention
547581 21 services to eligible infants and toddlers and their families:
548582 22 (A) Department of Insurance; and
549583 23 (B) Department of Healthcare and Family Services.
550584 24 (2) Other members as follows:
551585 25 (A) At least 20% of the members of the Council shall be
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562596 1 parents, including minority parents, of infants or
563597 2 toddlers with disabilities or children with disabilities
564598 3 aged 12 or younger, with knowledge of, or experience with,
565599 4 programs for infants and toddlers with disabilities. At
566600 5 least one such member shall be a parent of an infant or
567601 6 toddler with a disability or a child with a disability
568602 7 aged 6 or younger;
569603 8 (B) At least 20% of the members of the Council shall be
570604 9 public or private providers of early intervention
571605 10 services;
572606 11 (C) One member shall be a representative of the
573607 12 General Assembly;
574608 13 (D) One member shall be involved in the preparation of
575609 14 professional personnel to serve infants and toddlers
576610 15 similar to those eligible for services under this Act;
577611 16 (E) Two members shall be from advocacy organizations
578612 17 with expertise in improving health, development, and
579613 18 educational outcomes for infants and toddlers with
580614 19 disabilities;
581615 20 (F) One member shall be a Child and Family Connections
582616 21 manager from a rural district;
583617 22 (G) One member shall be a Child and Family Connections
584618 23 manager from an urban district;
585619 24 (H) One member shall be the co-chair of the Illinois
586620 25 Early Learning Council (or their designee); and
587621 26 (I) Members representing the following agencies or
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598632 1 entities: the Department of Human Services; the State
599633 2 Board of Education; the Department of Public Health; the
600634 3 Department of Children and Family Services; the University
601635 4 of Illinois Division of Specialized Care for Children; the
602636 5 Illinois Council on Developmental Disabilities; Head Start
603637 6 or Early Head Start; and the Department of Human Services'
604638 7 Division of Mental Health. A member may represent one or
605639 8 more of the listed agencies or entities.
606640 9 The Council shall meet at least quarterly and in such
607641 10 places as it deems necessary. Terms of the initial members
608642 11 appointed under paragraph (2) shall be determined by lot at
609643 12 the first Council meeting as follows: of the persons appointed
610644 13 under subparagraphs (A) and (B), one-third shall serve
611645 14 one-year terms, one-third shall serve 2-year terms, and
612646 15 one-third shall serve 3-year terms; and of the persons
613647 16 appointed under subparagraphs (C) and (D), one shall serve a
614648 17 2-year term and one shall serve a 3-year term. Thereafter,
615649 18 successors appointed under paragraph (2) shall serve 3-year
616650 19 terms. Once appointed, members shall continue to serve until
617651 20 their successors are appointed. No member shall be appointed
618652 21 to serve more than 2 consecutive terms.
619653 22 Council members shall serve without compensation but shall
620654 23 be reimbursed for reasonable costs incurred in the performance
621655 24 of their duties, including costs related to child care, and
622656 25 parents may be paid a stipend in accordance with applicable
623657 26 requirements.
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634668 1 The Council shall prepare and approve a budget using funds
635669 2 appropriated for the purpose to hire staff, and obtain the
636670 3 services of such professional, technical, and clerical
637671 4 personnel as may be necessary to carry out its functions under
638672 5 this Act. This funding support and staff shall be directed by
639673 6 the lead agency.
640674 7 (b) The Council shall:
641675 8 (1) advise and assist the lead agency in the
642676 9 performance of its responsibilities including but not
643677 10 limited to the identification of sources of fiscal and
644678 11 other support services for early intervention programs,
645679 12 and the promotion of interagency agreements which assign
646680 13 financial responsibility to the appropriate agencies;
647681 14 (2) advise and assist the lead agency in the
648682 15 preparation of applications and amendments to
649683 16 applications;
650684 17 (3) review and advise on relevant rules and standards
651685 18 proposed by the related State agencies;
652686 19 (4) advise and assist the lead agency in the
653687 20 development, implementation and evaluation of the
654688 21 comprehensive early intervention services system;
655689 22 (4.5) coordinate and collaborate with State
656690 23 interagency early learning initiatives, as appropriate;
657691 24 and
658692 25 (5) prepare and submit an annual report to the
659693 26 Governor and to the General Assembly on the status of
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670704 1 early intervention programs for eligible infants and
671705 2 toddlers and their families in Illinois. The annual report
672706 3 shall include (i) the estimated number of eligible infants
673707 4 and toddlers in this State, (ii) the number of eligible
674708 5 infants and toddlers who have received services under this
675709 6 Act and the cost of providing those services, and (iii)
676710 7 the estimated cost of providing services under this Act to
677711 8 all eligible infants and toddlers in this State. The
678712 9 report shall be posted by the lead agency on the early
679713 10 intervention website as required under paragraph (f) of
680714 11 Section 10-35 of this Act.
681715 12 No member of the Council shall cast a vote on or
682716 13 participate substantially in any matter which would provide a
683717 14 direct financial benefit to that member or otherwise give the
684718 15 appearance of a conflict of interest under State law. All
685719 16 provisions and reporting requirements of the Illinois
686720 17 Governmental Ethics Act shall apply to Council members.
687721 18 Section 10-35. Lead agency. Through June 30, 2026, the
688722 19 Department of Human Services is designated the lead agency and
689723 20 shall provide leadership in establishing and implementing the
690724 21 coordinated, comprehensive, interagency and interdisciplinary
691725 22 system of early intervention services. On and after July 1,
692726 23 2026, the Department of Early Childhood is designated the lead
693727 24 agency and shall provide leadership in establishing and
694728 25 implementing the coordinated, comprehensive, interagency and
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705739 1 interdisciplinary system of early intervention services. The
706740 2 lead agency shall not have the sole responsibility for
707741 3 providing these services. Each participating State agency
708742 4 shall continue to coordinate those early intervention services
709743 5 relating to health, social service and education provided
710744 6 under this authority.
711745 7 The lead agency is responsible for carrying out the
712746 8 following:
713747 9 (a) The general administration, supervision, and
714748 10 monitoring of programs and activities receiving assistance
715749 11 under Section 673 of the Individuals with Disabilities
716750 12 Education Act (20 United States Code 1473).
717751 13 (b) The identification and coordination of all
718752 14 available resources within the State from federal, State,
719753 15 local and private sources.
720754 16 (c) The development of procedures to ensure that
721755 17 services are provided to eligible infants and toddlers and
722756 18 their families in a timely manner pending the resolution
723757 19 of any disputes among public agencies or service
724758 20 providers.
725759 21 (d) The resolution of intra-agency and interagency
726760 22 regulatory and procedural disputes.
727761 23 (e) The development and implementation of formal
728762 24 interagency agreements, and the entry into such
729763 25 agreements, between the lead agency and (i) the Department
730764 26 of Healthcare and Family Services, (ii) the University of
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741775 1 Illinois Division of Specialized Care for Children, and
742776 2 (iii) other relevant State agencies that:
743777 3 (1) define the financial responsibility of each
744778 4 agency for paying for early intervention services
745779 5 (consistent with existing State and federal law and
746780 6 rules, including the requirement that early
747781 7 intervention funds be used as the payor of last
748782 8 resort), a hierarchical order of payment as among the
749783 9 agencies for early intervention services that are
750784 10 covered under or may be paid by programs in other
751785 11 agencies, and procedures for direct billing,
752786 12 collecting reimbursements for payments made, and
753787 13 resolving service and payment disputes; and
754788 14 (2) include all additional components necessary to
755789 15 ensure meaningful cooperation and coordination. By
756790 16 January 31, 2027, interagency agreements under this
757791 17 paragraph (e) must be reviewed and revised to
758792 18 implement the purposes of this Act.
759793 19 (f) The maintenance of an early intervention website.
760794 20 The lead agency shall post and keep posted on this website
761795 21 the following: (i) the current annual report required
762796 22 under subdivision (b)(5) of Section 10-30 of this Act, and
763797 23 the annual reports of the prior 3 years, (ii) the most
764798 24 recent Illinois application for funds prepared under
765799 25 Section 637 of the Individuals with Disabilities Education
766800 26 Act filed with the United States Department of Education,
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777811 1 (iii) proposed modifications of the application prepared
778812 2 for public comment, (iv) notice of Council meetings,
779813 3 Council agendas, and minutes of its proceedings for at
780814 4 least the previous year, (v) proposed and final early
781815 5 intervention rules, and (vi) all reports created for
782816 6 dissemination to the public that are related to the early
783817 7 intervention program, including reports prepared at the
784818 8 request of the Council and the General Assembly. Each such
785819 9 document shall be posted on the website within 3 working
786820 10 days after the document's completion.
787821 11 (g) Before adopting any new policy or procedure
788822 12 (including any revisions to an existing policy or
789823 13 procedure) needed to comply with Part C of the Individuals
790824 14 with Disabilities Education Act, the lead agency must hold
791825 15 public hearings on the new policy or procedure, provide
792826 16 notice of the hearings at least 30 days before the
793827 17 hearings are conducted to enable public participation, and
794828 18 provide an opportunity for the general public, including
795829 19 individuals with disabilities and parents of infants and
796830 20 toddlers with disabilities, early intervention providers,
797831 21 and members of the Council to comment for at least 30 days
798832 22 on the new policy or procedure needed to comply with Part C
799833 23 of the Individuals with Disabilities Education Act and
800834 24 with 34 CFR Part 300 and Part 303.
801835 25 Section 10-40. Local structure and interagency councils.
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812846 1 The lead agency, in conjunction with the Council and as
813847 2 defined by administrative rule, shall define local service
814848 3 areas and define the geographic boundaries of each so that all
815849 4 areas of the State are included in a local service area but no
816850 5 area of the State is included in more than one service area. In
817851 6 each local service area, the lead agency shall designate a
818852 7 regional entity responsible for the assessment of eligibility
819853 8 and services and a local interagency council responsible for
820854 9 coordination and design of child find and public awareness.
821855 10 The regional entity shall be responsible for staffing the
822856 11 local council, carrying out child find and public awareness
823857 12 activities, and providing advocacy for eligible families
824858 13 within the given geographic area. The regional entity is the
825859 14 prime contractor responsible to the lead agency for
826860 15 implementation of this Act.
827861 16 The lead agency, in conjunction with the Council, shall
828862 17 create local interagency councils. Members of each local
829863 18 interagency council shall include, but not be limited to, the
830864 19 following: parents; representatives from coordination and
831865 20 advocacy service providers; local education agencies; other
832866 21 local public and private service providers; representatives
833867 22 from State agencies at the local level; and others deemed
834868 23 necessary by the local council.
835869 24 Local interagency councils shall:
836870 25 (a) assist in the development of collaborative
837871 26 agreements between local service providers, diagnostic and
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848882 1 other agencies providing additional services to the child
849883 2 and family;
850884 3 (b) assist in conducting local needs assessments and
851885 4 planning efforts;
852886 5 (c) identify and resolve local access issues;
853887 6 (d) conduct collaborative child find activities;
854888 7 (e) coordinate public awareness initiatives;
855889 8 (f) coordinate local planning and evaluation;
856890 9 (g) assist in the recruitment of specialty personnel;
857891 10 (h) develop plans for facilitating transition and
858892 11 integration of eligible children and families into the
859893 12 community;
860894 13 (i) facilitate conflict resolution at the local level;
861895 14 and
862896 15 (j) report annually to the Council.
863897 16 Section 10-45. Essential components of the statewide
864898 17 service system. As required by federal laws and regulations, a
865899 18 statewide system of coordinated, comprehensive, interagency
866900 19 and interdisciplinary programs shall be established and
867901 20 maintained. The framework of the statewide system shall be
868902 21 based on the components set forth in this Section. This
869903 22 framework shall be used for planning, implementation,
870904 23 coordination and evaluation of the statewide system of locally
871905 24 based early intervention services.
872906 25 The statewide system shall include, at a minimum:
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883917 1 (a) a definition of the term "developmentally
884918 2 delayed", in accordance with the definition in Section
885919 3 10-15, that will be used in Illinois in carrying out
886920 4 programs under this Act;
887921 5 (b) timetables for ensuring that appropriate early
888922 6 intervention services, based on scientifically based
889923 7 research, to the extent practicable, will be available to
890924 8 all eligible infants and toddlers in this State after the
891925 9 effective date of this Act;
892926 10 (c) a timely, comprehensive, multidisciplinary
893927 11 evaluation of each potentially eligible infant and toddler
894928 12 in this State, unless the child meets the definition of
895929 13 eligibility based upon his or her medical and other
896930 14 records; for a child determined eligible, a
897931 15 multidisciplinary assessment of the unique strengths and
898932 16 needs of that infant or toddler and the identification of
899933 17 services appropriate to meet those needs and a
900934 18 family-directed assessment of the resources, priorities,
901935 19 and concerns of the family and the identification of
902936 20 supports and services necessary to enhance the family's
903937 21 capacity to meet the developmental needs of that infant or
904938 22 toddler;
905939 23 (d) for each eligible infant and toddler, an
906940 24 Individualized Family Service Plan, including service
907941 25 coordination (case management) services;
908942 26 (e) a comprehensive child find system, consistent with
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919953 1 Part B of the Individuals with Disabilities Education Act
920954 2 (20 United States Code 1411 through 1420 and as set forth
921955 3 in 34 CFR 300.115), which includes timelines and provides
922956 4 for participation by primary referral sources;
923957 5 (f) a public awareness program focusing on early
924958 6 identification of eligible infants and toddlers;
925959 7 (g) a central directory which includes public and
926960 8 private early intervention services, resources, and
927961 9 experts available in this State, professional and other
928962 10 groups (including parent support groups and training and
929963 11 information centers) that provide assistance to infants
930964 12 and toddlers with disabilities who are eligible for early
931965 13 intervention programs assisted under Part C of the
932966 14 Individuals with Disabilities Education Act and their
933967 15 families, and research and demonstration projects being
934968 16 conducted in this State relating to infants and toddlers
935969 17 with disabilities;
936970 18 (h) a comprehensive system of personnel development;
937971 19 (i) a policy pertaining to the contracting or making
938972 20 of other arrangements with public and private service
939973 21 providers to provide early intervention services in this
940974 22 State, consistent with the provisions of this Act,
941975 23 including the contents of the application used and the
942976 24 conditions of the contract or other arrangements;
943977 25 (j) a procedure for securing timely reimbursement of
944978 26 funds;
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955989 1 (k) procedural safeguards with respect to programs
956990 2 under this Act;
957991 3 (l) policies and procedures relating to the
958992 4 establishment and maintenance of standards to ensure that
959993 5 personnel necessary to carry out this Act are
960994 6 appropriately and adequately prepared and trained;
961995 7 (m) a system of evaluation of, and compliance with,
962996 8 program standards;
963997 9 (n) a system for compiling data on the numbers of
964998 10 eligible infants and toddlers and their families in this
965999 11 State in need of appropriate early intervention services;
9661000 12 the numbers served; the types of services provided; and
9671001 13 other information required by the State or federal
9681002 14 government; and
9691003 15 (o) a single line of responsibility in a lead agency
9701004 16 designated by the Governor to carry out its
9711005 17 responsibilities as required by this Act.
9721006 18 In addition to these required components, linkages may be
9731007 19 established within a local community area among the prenatal
9741008 20 initiatives affording services to high risk pregnant women.
9751009 21 Additional linkages among at risk programs and local literacy
9761010 22 programs may also be established.
9771011 23 On and after July 1, 2026, the Department of Early
9781012 24 Childhood shall continue implementation of the 5-fiscal-year
9791013 25 implementation plan that was created by the Department of
9801014 26 Human Services with the concurrence of the Interagency Council
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9911025 1 on Early Intervention. The plan shall list specific activities
9921026 2 to be accomplished each year, with cost estimates for each
9931027 3 activity. The lead agency shall, with the concurrence of the
9941028 4 Interagency Council, submit to the Governor's Office a report
9951029 5 on accomplishments of the previous year and a revised list of
9961030 6 activities for the remainder of the 5-fiscal-year plan, with
9971031 7 cost estimates for each. The Governor shall certify that
9981032 8 specific activities in the plan for the previous year have
9991033 9 been substantially completed before authorizing relevant State
10001034 10 or local agencies to implement activities listed in the
10011035 11 revised plan that depend substantially upon completion of one
10021036 12 or more of the earlier activities.
10031037 13 Section 10-50. Authority to adopt rules. The lead agency
10041038 14 shall adopt rules under this Act. These rules shall reflect
10051039 15 the intent of federal regulations adopted under Part C of the
10061040 16 Individuals with Disabilities Education Improvement Act of
10071041 17 2004 (Sections 1431 through 1444 of Title 20 of the United
10081042 18 States Code).
10091043 19 Section 10-55. Role of other State entities. The
10101044 20 Departments of Public Health, Early Childhood, Human Services,
10111045 21 Children and Family Services, and Healthcare and Family
10121046 22 Services; the University of Illinois Division of Specialized
10131047 23 Care for Children; the State Board of Education; and any other
10141048 24 State agency which directly or indirectly provides or
10151049
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10251059 1 administers early intervention services shall adopt compatible
10261060 2 rules for the provision of services to eligible infants and
10271061 3 toddlers and their families by July 1, 2026.
10281062 4 These agencies shall enter into and maintain formal
10291063 5 interagency agreements to enable the State and local agencies
10301064 6 serving eligible children and their families to establish
10311065 7 working relationships that will increase the efficiency and
10321066 8 effectiveness of their early intervention services. The
10331067 9 agreements shall outline the administrative, program and
10341068 10 financial responsibilities of the relevant State agencies and
10351069 11 shall implement a coordinated service delivery system through
10361070 12 local interagency agreements.
10371071 13 There shall be an Early Childhood Intervention Ombudsman
10381072 14 to assist families and local parties in ensuring that all
10391073 15 State agencies serving eligible families do so in a
10401074 16 comprehensive and collaborative manner.
10411075 17 Section 10-60. Standards. The Council and the lead agency,
10421076 18 with assistance from parents and providers, shall develop and
10431077 19 promulgate policies and procedures relating to the
10441078 20 establishment and implementation of program and personnel
10451079 21 standards to ensure that services provided are consistent with
10461080 22 any State-approved or recognized certification, licensing,
10471081 23 registration, or other comparable requirements which apply to
10481082 24 the area of early intervention program service standards. Only
10491083 25 State-approved public or private early intervention service
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10601094 1 providers shall be eligible to receive State and federal
10611095 2 funding for early intervention services. All early childhood
10621096 3 intervention staff shall hold the highest entry requirement
10631097 4 necessary for that position.
10641098 5 To be a State-approved early intervention service
10651099 6 provider, an individual (i) shall not have served or
10661100 7 completed, within the preceding 5 years, a sentence for
10671101 8 conviction of any felony that the lead agency establishes by
10681102 9 rule and (ii) shall not have been indicated as a perpetrator of
10691103 10 child abuse or neglect, within the preceding 5 years, in an
10701104 11 investigation by Illinois (pursuant to the Abused and
10711105 12 Neglected Child Reporting Act) or another state. The Lead
10721106 13 Agency is authorized to receive criminal background checks for
10731107 14 such providers and persons applying to be such a provider and
10741108 15 to receive child abuse and neglect reports regarding indicated
10751109 16 perpetrators who are applying to provide or currently
10761110 17 authorized to provide early intervention services in Illinois.
10771111 18 Beginning January 1, 2004, every provider of State-approved
10781112 19 early intervention services and every applicant to provide
10791113 20 such services must authorize, in writing and in the form
10801114 21 required by the lead agency, a State and FBI criminal
10811115 22 background check, as requested by the Department, and check of
10821116 23 child abuse and neglect reports regarding the provider or
10831117 24 applicant as a condition of authorization to provide early
10841118 25 intervention services. The lead agency shall use the results
10851119 26 of the checks only to determine State approval of the early
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10961130 1 intervention service provider and shall not re-release the
10971131 2 information except as necessary to accomplish that purpose.
10981132 3 Section 10-65. Individualized Family Service Plans.
10991133 4 (a) Each eligible infant or toddler and that infant's or
11001134 5 toddler's family shall receive:
11011135 6 (1) timely, comprehensive, multidisciplinary
11021136 7 assessment of the unique strengths and needs of each
11031137 8 eligible infant and toddler, and assessment of the
11041138 9 concerns and priorities of the families to appropriately
11051139 10 assist them in meeting their needs and identify supports
11061140 11 and services to meet those needs; and
11071141 12 (2) a written Individualized Family Service Plan
11081142 13 developed by a multidisciplinary team which includes the
11091143 14 parent or guardian. The individualized family service plan
11101144 15 shall be based on the multidisciplinary team's assessment
11111145 16 of the resources, priorities, and concerns of the family
11121146 17 and its identification of the supports and services
11131147 18 necessary to enhance the family's capacity to meet the
11141148 19 developmental needs of the infant or toddler, and shall
11151149 20 include the identification of services appropriate to meet
11161150 21 those needs, including the frequency, intensity, and
11171151 22 method of delivering services. During and as part of the
11181152 23 initial development of the individualized family services
11191153 24 plan, and any periodic reviews of the plan, the
11201154 25 multidisciplinary team may seek consultation from the lead
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11311165 1 agency's designated experts, if any, to help determine
11321166 2 appropriate services and the frequency and intensity of
11331167 3 those services. All services in the individualized family
11341168 4 services plan must be justified by the multidisciplinary
11351169 5 assessment of the unique strengths and needs of the infant
11361170 6 or toddler and must be appropriate to meet those needs. At
11371171 7 the periodic reviews, the team shall determine whether
11381172 8 modification or revision of the outcomes or services is
11391173 9 necessary.
11401174 10 (b) The Individualized Family Service Plan shall be
11411175 11 evaluated once a year and the family shall be provided a review
11421176 12 of the Plan at 6-month intervals or more often where
11431177 13 appropriate based on infant or toddler and family needs. The
11441178 14 lead agency shall create a quality review process regarding
11451179 15 Individualized Family Service Plan development and changes
11461180 16 thereto, to monitor and help ensure that resources are being
11471181 17 used to provide appropriate early intervention services.
11481182 18 (c) The initial evaluation and initial assessment and
11491183 19 initial Plan meeting must be held within 45 days after the
11501184 20 initial contact with the early intervention services system.
11511185 21 The 45-day timeline does not apply for any period when the
11521186 22 child or parent is unavailable to complete the initial
11531187 23 evaluation, the initial assessments of the child and family,
11541188 24 or the initial Plan meeting, due to exceptional family
11551189 25 circumstances that are documented in the child's early
11561190 26 intervention records, or when the parent has not provided
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11671201 1 consent for the initial evaluation or the initial assessment
11681202 2 of the child despite documented, repeated attempts to obtain
11691203 3 parental consent. As soon as exceptional family circumstances
11701204 4 no longer exist or parental consent has been obtained, the
11711205 5 initial evaluation, the initial assessment, and the initial
11721206 6 Plan meeting must be completed as soon as possible. With
11731207 7 parental consent, early intervention services may commence
11741208 8 before the completion of the comprehensive assessment and
11751209 9 development of the Plan. All early intervention services shall
11761210 10 be initiated as soon as possible but not later than 30 calendar
11771211 11 days after the consent of the parent or guardian has been
11781212 12 obtained for the individualized family service plan, in
11791213 13 accordance with rules adopted by the lead agency.
11801214 14 (d) Parents must be informed that early intervention
11811215 15 services shall be provided to each eligible infant and
11821216 16 toddler, to the maximum extent appropriate, in the natural
11831217 17 environment, which may include the home or other community
11841218 18 settings. Parents must also be informed of the availability of
11851219 19 early intervention services provided through telehealth
11861220 20 services. Parents shall make the final decision to accept or
11871221 21 decline early intervention services, including whether
11881222 22 accepted services are delivered in person or via telehealth
11891223 23 services. A decision to decline such services shall not be a
11901224 24 basis for administrative determination of parental fitness, or
11911225 25 other findings or sanctions against the parents. Parameters of
11921226 26 the Plan shall be set forth in rules.
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12031237 1 (e) The regional intake offices shall explain to each
12041238 2 family, orally and in writing, all of the following:
12051239 3 (1) That the early intervention program will pay for
12061240 4 all early intervention services set forth in the
12071241 5 individualized family service plan that are not covered or
12081242 6 paid under the family's public or private insurance plan
12091243 7 or policy and not eligible for payment through any other
12101244 8 third party payor.
12111245 9 (2) That services will not be delayed due to any rules
12121246 10 or restrictions under the family's insurance plan or
12131247 11 policy.
12141248 12 (3) That the family may request, with appropriate
12151249 13 documentation supporting the request, a determination of
12161250 14 an exemption from private insurance use under Section
12171251 15 10-100.
12181252 16 (4) That responsibility for co-payments or
12191253 17 co-insurance under a family's private insurance plan or
12201254 18 policy will be transferred to the lead agency's central
12211255 19 billing office.
12221256 20 (5) That families will be responsible for payments of
12231257 21 family fees, which will be based on a sliding scale
12241258 22 according to the State's definition of ability to pay
12251259 23 which is comparing household size and income to the
12261260 24 sliding scale and considering out-of-pocket medical or
12271261 25 disaster expenses, and that these fees are payable to the
12281262 26 central billing office. Families who fail to provide
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12391273 1 income information shall be charged the maximum amount on
12401274 2 the sliding scale.
12411275 3 (f) The individualized family service plan must state
12421276 4 whether the family has private insurance coverage and, if the
12431277 5 family has such coverage, must have attached to it a copy of
12441278 6 the family's insurance identification card or otherwise
12451279 7 include all of the following information:
12461280 8 (1) The name, address, and telephone number of the
12471281 9 insurance carrier.
12481282 10 (2) The contract number and policy number of the
12491283 11 insurance plan.
12501284 12 (3) The name, address, and social security number of
12511285 13 the primary insured.
12521286 14 (4) The beginning date of the insurance benefit year.
12531287 15 (g) A copy of the individualized family service plan must
12541288 16 be provided to each enrolled provider who is providing early
12551289 17 intervention services to the child who is the subject of that
12561290 18 plan.
12571291 19 (h) Children receiving services under this Act shall
12581292 20 receive a smooth and effective transition by their third
12591293 21 birthday consistent with federal regulations adopted pursuant
12601294 22 to Sections 1431 through 1444 of Title 20 of the United States
12611295 23 Code. Beginning January 1, 2022, children who receive early
12621296 24 intervention services prior to their third birthday and are
12631297 25 found eligible for an individualized education program under
12641298 26 the Individuals with Disabilities Education Act, 20 U.S.C.
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12751309 1 1414(d)(1)(A), and under Section 14-8.02 of the School Code
12761310 2 and whose birthday falls between May 1 and August 31 may
12771311 3 continue to receive early intervention services until the
12781312 4 beginning of the school year following their third birthday in
12791313 5 order to minimize gaps in services, ensure better continuity
12801314 6 of care, and align practices for the enrollment of preschool
12811315 7 children with special needs to the enrollment practices of
12821316 8 typically developing preschool children.
12831317 9 Section 10-70. Procedural safeguards. The lead agency
12841318 10 shall adopt procedural safeguards that meet federal
12851319 11 requirements and ensure effective implementation of the
12861320 12 safeguards for families by each public agency involved in the
12871321 13 provision of early intervention services under this Act.
12881322 14 The procedural safeguards shall provide, at a minimum, the
12891323 15 following:
12901324 16 (a) The timely administrative resolution of State
12911325 17 complaints, due process hearings, and mediations as defined by
12921326 18 administrative rule.
12931327 19 (b) The right to confidentiality of personally
12941328 20 identifiable information.
12951329 21 (c) The opportunity for parents and a guardian to examine
12961330 22 and receive copies of records relating to evaluations and
12971331 23 assessments, screening, eligibility determinations, and the
12981332 24 development and implementation of the Individualized Family
12991333 25 Service Plan provision of early intervention services,
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13101344 1 individual complaints involving the child, or any part of the
13111345 2 child's early intervention record.
13121346 3 (d) Procedures to protect the rights of the eligible
13131347 4 infant or toddler whenever the parents or guardians of the
13141348 5 child are not known or unavailable or the child is a youth in
13151349 6 care as defined in Section 4d of the Children and Family
13161350 7 Services Act, including the assignment of an individual (who
13171351 8 shall not be an employee of the State agency or local agency
13181352 9 providing services) to act as a surrogate for the parents or
13191353 10 guardian. The regional intake entity must make reasonable
13201354 11 efforts to ensure the assignment of a surrogate parent not
13211355 12 more than 30 days after a public agency determines that the
13221356 13 child needs a surrogate parent.
13231357 14 (e) Timely written prior notice to the parents or guardian
13241358 15 of the eligible infant or toddler whenever the State agency or
13251359 16 public or private service provider proposes to initiate or
13261360 17 change or refuses to initiate or change the identification,
13271361 18 evaluation, placement, or the provision of appropriate early
13281362 19 intervention services to the eligible infant or toddler.
13291363 20 (f) Written prior notice to fully inform the parents or
13301364 21 guardians, in their native language or mode of communication
13311365 22 used by the parent, unless clearly not feasible to do so, in a
13321366 23 comprehensible manner, of these procedural safeguards.
13331367 24 (g) During the pendency of any State complaint procedure,
13341368 25 due process hearing, or mediation involving a complaint,
13351369 26 unless the State agency and the parents or guardian otherwise
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13461380 1 agree, the child shall continue to receive the appropriate
13471381 2 early intervention services currently being provided, or in
13481382 3 the case of an application for initial services, the child
13491383 4 shall receive the services not in dispute.
13501384 5 Section 10-75. Funding and fiscal responsibility.
13511385 6 (a) The lead agency and every other participating State
13521386 7 agency may receive and expend funds appropriated by the
13531387 8 General Assembly to implement the early intervention services
13541388 9 system as required by this Act.
13551389 10 (b) The lead agency and each participating State agency
13561390 11 shall identify and report on an annual basis to the Council the
13571391 12 State agency funds used for the provision of early
13581392 13 intervention services to eligible infants and toddlers.
13591393 14 (c) Funds provided under Section 633 of the Individuals
13601394 15 with Disabilities Education Act (20 United States Code 1433)
13611395 16 and State funds designated or appropriated for early
13621396 17 intervention services or programs may not be used to satisfy a
13631397 18 financial commitment for services which would have been paid
13641398 19 for from another public or private source but for the
13651399 20 enactment of this Act, except whenever considered necessary to
13661400 21 prevent delay in receiving appropriate early intervention
13671401 22 services by the eligible infant or toddler or family in a
13681402 23 timely manner. "Public or private source" includes public and
13691403 24 private insurance coverage.
13701404 25 Funds provided under Section 633 of the Individuals with
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13811415 1 Disabilities Education Act and State funds designated or
13821416 2 appropriated for early intervention services or programs may
13831417 3 be used by the lead agency to pay the provider of services (A)
13841418 4 pending reimbursement from the appropriate State agency or (B)
13851419 5 if (i) the claim for payment is denied in whole or in part by a
13861420 6 public or private source, or would be denied under the written
13871421 7 terms of the public program or plan or private plan, or (ii)
13881422 8 use of private insurance for the service has been exempted
13891423 9 under Section 10-100. Payment under item (B)(i) may be made
13901424 10 based on a pre-determination telephone inquiry supported by
13911425 11 written documentation of the denial supplied thereafter by the
13921426 12 insurance carrier.
13931427 13 (d) Nothing in this Act shall be construed to permit the
13941428 14 State to reduce medical or other assistance available or to
13951429 15 alter eligibility under Title V and Title XIX of the Social
13961430 16 Security Act relating to the Maternal Child Health Program and
13971431 17 Medicaid for eligible infants and toddlers in this State.
13981432 18 (e) The lead agency shall create a central billing office
13991433 19 to receive and dispense all relevant State and federal
14001434 20 resources, as well as local government or independent
14011435 21 resources available, for early intervention services. This
14021436 22 office shall assure that maximum federal resources are
14031437 23 utilized and that providers receive funds with minimal
14041438 24 duplications or interagency reporting and with consolidated
14051439 25 audit procedures.
14061440 26 (f) The lead agency shall, by rule, create a system of
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14171451 1 payments by families, including a schedule of fees. No fees,
14181452 2 however, may be charged for implementing child find,
14191453 3 evaluation and assessment, service coordination,
14201454 4 administrative and coordination activities related to the
14211455 5 development, review, and evaluation of Individualized Family
14221456 6 Service Plans, or the implementation of procedural safeguards
14231457 7 and other administrative components of the statewide early
14241458 8 intervention system.
14251459 9 The system of payments, called family fees, shall be
14261460 10 structured on a sliding scale based on the family's ability to
14271461 11 pay. The family's coverage or lack of coverage under a public
14281462 12 or private insurance plan or policy shall not be a factor in
14291463 13 determining the amount of the family fees.
14301464 14 Each family's fee obligation shall be established
14311465 15 annually, and shall be paid by families to the central billing
14321466 16 office in installments. At the written request of the family,
14331467 17 the fee obligation shall be adjusted prospectively at any
14341468 18 point during the year upon proof of a change in family income
14351469 19 or family size. The inability of the parents of an eligible
14361470 20 child to pay family fees due to catastrophic circumstances or
14371471 21 extraordinary expenses shall not result in the denial of
14381472 22 services to the child or the child's family. A family must
14391473 23 document its extraordinary expenses or other catastrophic
14401474 24 circumstances by showing one of the following: (i)
14411475 25 out-of-pocket medical expenses in excess of 15% of gross
14421476 26 income; (ii) a fire, flood, or other disaster causing a direct
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14531487 1 out-of-pocket loss in excess of 15% of gross income; or (iii)
14541488 2 other catastrophic circumstances causing out-of-pocket losses
14551489 3 in excess of 15% of gross income. The family must present proof
14561490 4 of loss to its service coordinator, who shall document it, and
14571491 5 the lead agency shall determine whether the fees shall be
14581492 6 reduced, forgiven, or suspended within 10 business days after
14591493 7 the family's request.
14601494 8 (g) To ensure that early intervention funds are used as
14611495 9 the payor of last resort for early intervention services, the
14621496 10 lead agency shall determine at the point of early intervention
14631497 11 intake, and again at any periodic review of eligibility
14641498 12 thereafter or upon a change in family circumstances, whether
14651499 13 the family is eligible for or enrolled in any program for which
14661500 14 payment is made directly or through public or private
14671501 15 insurance for any or all of the early intervention services
14681502 16 made available under this Act. The lead agency shall establish
14691503 17 procedures to ensure that payments are made either directly
14701504 18 from these public and private sources instead of from State or
14711505 19 federal early intervention funds, or as reimbursement for
14721506 20 payments previously made from State or federal early
14731507 21 intervention funds.
14741508 22 Section 10-80. Other programs.
14751509 23 (a) When an application or a review of eligibility for
14761510 24 early intervention services is made, and at any eligibility
14771511 25 redetermination thereafter, the family shall be asked if it is
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14881522 1 currently enrolled in any federally funded, Department of
14891523 2 Healthcare and Family Services administered, medical programs,
14901524 3 or the Title V program administered by the University of
14911525 4 Illinois Division of Specialized Care for Children. If the
14921526 5 family is enrolled in any of these programs, that information
14931527 6 shall be put on the individualized family service plan and
14941528 7 entered into the computerized case management system, and
14951529 8 shall require that the individualized family services plan of
14961530 9 a child who has been found eligible for services through the
14971531 10 Division of Specialized Care for Children state that the child
14981532 11 is enrolled in that program. For those programs in which the
14991533 12 family is not enrolled, a preliminary eligibility screen shall
15001534 13 be conducted simultaneously for (i) medical assistance
15011535 14 (Medicaid) under Article V of the Illinois Public Aid Code,
15021536 15 (ii) children's health insurance program (any federally
15031537 16 funded, Department of Healthcare and Family Services
15041538 17 administered, medical programs) benefits under the Children's
15051539 18 Health Insurance Program Act, and (iii) Title V maternal and
15061540 19 child health services provided through the Division of
15071541 20 Specialized Care for Children of the University of Illinois.
15081542 21 (b) For purposes of determining family fees under
15091543 22 subsection (f) of Section 10-75 and determining eligibility
15101544 23 for the other programs and services specified in items (i)
15111545 24 through (iii) of subsection (a), the lead agency shall develop
15121546 25 and use, with the cooperation of the Department of Healthcare
15131547 26 and Family Services and the Division of Specialized Care for
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15241558 1 Children of the University of Illinois, a screening device
15251559 2 that provides sufficient information for the early
15261560 3 intervention regional intake entities or other agencies to
15271561 4 establish eligibility for those other programs and shall, in
15281562 5 cooperation with the Illinois Department of Healthcare and
15291563 6 Family Services and the Division of Specialized Care for
15301564 7 Children, train the regional intake entities on using the
15311565 8 screening device.
15321566 9 (c) When a child is determined eligible for and enrolled
15331567 10 in the early intervention program and has been found to at
15341568 11 least meet the threshold income eligibility requirements for
15351569 12 any federally funded, Department of Healthcare and Family
15361570 13 Services administered, medical programs, the regional intake
15371571 14 entity shall complete an application for any federally funded,
15381572 15 Department of Healthcare and Family Services administered,
15391573 16 medical programs with the family and forward it to the
15401574 17 Department of Healthcare and Family Services for a
15411575 18 determination of eligibility. A parent shall not be required
15421576 19 to enroll in any federally funded, Department of Healthcare
15431577 20 and Family Services administered, medical programs as a
15441578 21 condition of receiving services provided pursuant to Part C of
15451579 22 the Individuals with Disabilities Education Act.
15461580 23 (d) With the cooperation of the Department of Healthcare
15471581 24 and Family Services, the lead agency shall establish
15481582 25 procedures that ensure the timely and maximum allowable
15491583 26 recovery of payments for all early intervention services and
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15601594 1 allowable administrative costs under Article V of the Illinois
15611595 2 Public Aid Code and the Children's Health Insurance Program
15621596 3 Act and shall include those procedures in the interagency
15631597 4 agreement required under subsection (e) of Section 10-35 of
15641598 5 Article 10 of this Act.
15651599 6 (e) For purposes of making referrals for final
15661600 7 determinations of eligibility for any federally funded,
15671601 8 Department of Healthcare and Family Services administered,
15681602 9 medical programs benefits under the Children's Health
15691603 10 Insurance Program Act and for medical assistance under Article
15701604 11 V of the Illinois Public Aid Code, the lead agency shall
15711605 12 require each early intervention regional intake entity to
15721606 13 enroll as an application agent in order for the entity to
15731607 14 complete any federally funded, Department of Healthcare and
15741608 15 Family Services administered, medical programs application as
15751609 16 authorized under Section 22 of the Children's Health Insurance
15761610 17 Program Act.
15771611 18 (f) For purposes of early intervention services that may
15781612 19 be provided by the Division of Specialized Care for Children
15791613 20 of the University of Illinois (DSCC), the lead agency shall
15801614 21 establish procedures whereby the early intervention regional
15811615 22 intake entities may determine whether children enrolled in the
15821616 23 early intervention program may also be eligible for those
15831617 24 services, and shall develop, (i) the interagency agreement
15841618 25 required under subsection (e) of Section 10-35 of this Act,
15851619 26 establishing that early intervention funds are to be used as
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15961630 1 the payor of last resort when services required under an
15971631 2 individualized family services plan may be provided to an
15981632 3 eligible child through the DSCC, and (ii) training guidelines
15991633 4 for the regional intake entities and providers that explain
16001634 5 eligibility and billing procedures for services through DSCC.
16011635 6 (g) The lead agency shall require that an individual
16021636 7 applying for or renewing enrollment as a provider of services
16031637 8 in the early intervention program state whether or not he or
16041638 9 she is also enrolled as a DSCC provider. This information
16051639 10 shall be noted next to the name of the provider on the
16061640 11 computerized roster of Illinois early intervention providers,
16071641 12 and regional intake entities shall make every effort to refer
16081642 13 families eligible for DSCC services to these providers.
16091643 14 Section 10-85. Private health insurance; assignment. The
16101644 15 lead agency shall determine, at the point of new applications
16111645 16 for early intervention services, and for all children enrolled
16121646 17 in the early intervention program, at the regional intake
16131647 18 offices, whether the child is insured under a private health
16141648 19 insurance plan or policy.
16151649 20 Section 10-90. Billing of insurance carrier.
16161650 21 (a) Subject to the restrictions against private insurance
16171651 22 use on the basis of material risk of loss of coverage, as
16181652 23 determined under Section 10-100, each enrolled provider who is
16191653 24 providing a family with early intervention services shall bill
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16301664 1 the child's insurance carrier for each unit of early
16311665 2 intervention service for which coverage may be available. The
16321666 3 lead agency may exempt from the requirement of this paragraph
16331667 4 any early intervention service that it has deemed not to be
16341668 5 covered by insurance plans. When the service is not exempted,
16351669 6 providers who receive a denial of payment on the basis that the
16361670 7 service is not covered under any circumstance under the plan
16371671 8 are not required to bill that carrier for that service again
16381672 9 until the following insurance benefit year. That explanation
16391673 10 of benefits denying the claim, once submitted to the central
16401674 11 billing office, shall be sufficient to meet the requirements
16411675 12 of this paragraph as to subsequent services billed under the
16421676 13 same billing code provided to that child during that insurance
16431677 14 benefit year. Any time limit on a provider's filing of a claim
16441678 15 for payment with the central billing office that is imposed
16451679 16 through a policy, procedure, or rule of the lead agency shall
16461680 17 be suspended until the provider receives an explanation of
16471681 18 benefits or other final determination of the claim it files
16481682 19 with the child's insurance carrier.
16491683 20 (b) In all instances when an insurance carrier has been
16501684 21 billed for early intervention services, whether paid in full,
16511685 22 paid in part, or denied by the carrier, the provider must
16521686 23 provide the central billing office, within 90 days after
16531687 24 receipt, with a copy of the explanation of benefits form and
16541688 25 other information in the manner prescribed by the lead agency.
16551689 26 (c) When the insurance carrier has denied the claim or
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16661700 1 paid an amount for the early intervention service billed that
16671701 2 is less than the current State rate for early intervention
16681702 3 services, the provider shall submit the explanation of
16691703 4 benefits with a claim for payment, and the lead agency shall
16701704 5 pay the provider the difference between the sum actually paid
16711705 6 by the insurance carrier for each unit of service provided
16721706 7 under the individualized family service plan and the current
16731707 8 State rate for early intervention services. The State shall
16741708 9 also pay the family's co-payment or co-insurance under its
16751709 10 plan, but only to the extent that those payments plus the
16761710 11 balance of the claim do not exceed the current State rate for
16771711 12 early intervention services. The provider may under no
16781712 13 circumstances bill the family for the difference between its
16791713 14 charge for services and that which has been paid by the
16801714 15 insurance carrier or by the State.
16811715 16 Section 10-95. Families with insurance coverage.
16821716 17 (a) Families of children with insurance coverage, whether
16831717 18 public or private, shall incur no greater or less direct
16841718 19 out-of-pocket expenses for early intervention services than
16851719 20 families who are not insured.
16861720 21 (b) Managed care plans.
16871721 22 (1) Use of managed care network providers. When a
16881722 23 family's insurance coverage is through a managed care
16891723 24 arrangement with a network of providers that includes one
16901724 25 or more types of early intervention specialists who
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17011735 1 provide the services set forth in the family's
17021736 2 individualized family service plan, the regional intake
17031737 3 entity shall require the family to use those network
17041738 4 providers, but only to the extent that:
17051739 5 (A) the network provider is immediately available
17061740 6 to receive the referral and to begin providing
17071741 7 services to the child;
17081742 8 (B) the network provider is enrolled as a provider
17091743 9 in the Illinois early intervention system and fully
17101744 10 credentialed under the current policy or rule of the
17111745 11 lead agency;
17121746 12 (C) the network provider can provide the services
17131747 13 to the child in the manner required in the
17141748 14 individualized service plan;
17151749 15 (D) the family would not have to travel more than
17161750 16 an additional 15 miles or an additional 30 minutes to
17171751 17 the network provider than it would have to travel to a
17181752 18 non-network provider who is available to provide the
17191753 19 same service; and
17201754 20 (E) the family's managed care plan does not allow
17211755 21 for billing (even at a reduced rate or reduced
17221756 22 percentage of the claim) for early intervention
17231757 23 services provided by non-network providers.
17241758 24 (2) Transfers from non-network to network providers.
17251759 25 If a child has been receiving services from a non-network
17261760 26 provider and the regional intake entity determines, at the
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17371771 1 time of enrollment in the early intervention program or at
17381772 2 any point thereafter, that the family is enrolled in a
17391773 3 managed care plan, the regional intake entity shall
17401774 4 require the family to transfer to a network provider
17411775 5 within 45 days after that determination, but within no
17421776 6 more than 60 days after the effective date of this Act, if:
17431777 7 (A) all the requirements of subdivision (b)(1) of
17441778 8 this Section have been met; and
17451779 9 (B) the child is less than 26 months of age.
17461780 10 (3) Waivers. The lead agency may fully or partially
17471781 11 waive the network enrollment requirements of subdivision
17481782 12 (b)(1) of this Section and the transfer requirements of
17491783 13 subdivision (b)(2) of this Section as to a particular
17501784 14 region, or narrower geographic area, if it finds that the
17511785 15 managed care plans in that area are not allowing further
17521786 16 enrollment of early intervention providers and it finds
17531787 17 that referrals or transfers to network providers could
17541788 18 cause an overall shortage of early intervention providers
17551789 19 in that region of the State or could cause delays in
17561790 20 families securing the early intervention services set
17571791 21 forth in individualized family services plans.
17581792 22 (4) The lead agency, in conjunction with any entities
17591793 23 with which it may have contracted for the training and
17601794 24 credentialing of providers, the local interagency council
17611795 25 for early intervention, the regional intake entity, and
17621796 26 the enrolled providers in each region who wish to
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17731807 1 participate, shall cooperate in developing a matrix and
17741808 2 action plan that (A) identifies both (i) which early
17751809 3 intervention providers and which fully credentialed early
17761810 4 intervention providers are members of the managed care
17771811 5 plans that are used in the region by families with
17781812 6 children in the early intervention program, and (ii) which
17791813 7 early intervention services, with what restrictions, if
17801814 8 any, are covered under those plans, (B) identifies which
17811815 9 credentialed specialists are members of which managed care
17821816 10 plans in the region, and (C) identifies the various
17831817 11 managed care plans to early intervention providers,
17841818 12 encourages their enrollment in the area plans, and
17851819 13 provides them with information on how to enroll. These
17861820 14 matrices shall be complete no later than 7 months after
17871821 15 the effective date of this Act, and shall be provided to
17881822 16 the Early Intervention Legislative Advisory Committee at
17891823 17 that time. The lead agency shall work with networks that
17901824 18 may have closed enrollment to additional providers to
17911825 19 encourage their admission of early intervention providers,
17921826 20 and shall report to the Early Intervention Legislative
17931827 21 Advisory Committee on the initial results of these efforts
17941828 22 no later than February 1, 2002.
17951829 23 Section 10-100. Private insurance; exemption.
17961830 24 (a) The lead agency shall establish procedures for a
17971831 25 family whose child is eligible to receive early intervention
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18081842 1 services to apply for an exemption restricting the use of its
18091843 2 private insurance plan or policy based on material risk of
18101844 3 loss of coverage as authorized under subsection (c) of this
18111845 4 Section.
18121846 5 (b) The lead agency shall make a final determination on a
18131847 6 request for an exemption within 10 business days after its
18141848 7 receipt of a written request for an exemption at the regional
18151849 8 intake entity. During those 10 days, no claims may be filed
18161850 9 against the insurance plan or policy. If the exemption is
18171851 10 granted, it shall be noted on the individualized family
18181852 11 service plan, and the family and the providers serving the
18191853 12 family shall be notified in writing of the exemption.
18201854 13 (c) An exemption may be granted on the basis of material
18211855 14 risk of loss of coverage only if the family submits
18221856 15 documentation with its request for an exemption that
18231857 16 establishes (i) that the insurance plan or policy covering the
18241858 17 child is an individually purchased plan or policy and has been
18251859 18 purchased by a head of a household that is not eligible for a
18261860 19 group medical insurance plan, (ii) that the policy or plan has
18271861 20 a lifetime cap that applies to one or more specific types of
18281862 21 early intervention services specified in the family's
18291863 22 individualized family service plan, and that coverage could be
18301864 23 exhausted during the period covered by the individualized
18311865 24 family service plan, or (iii) proof of another risk that the
18321866 25 lead agency, in its discretion, may have additionally
18331867 26 established and defined as a ground for exemption by rule.
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18441878 1 (d) An exemption under this Section based on material risk
18451879 2 of loss of coverage may apply to all early intervention
18461880 3 services and all plans or policies insuring the child, may be
18471881 4 limited to one or more plans or policies, or may be limited to
18481882 5 one or more types of early intervention services in the
18491883 6 child's individualized family services plan.
18501884 7 Section 10-105. System of personnel development. The lead
18511885 8 agency shall provide training to early intervention providers
18521886 9 and may enter into contracts to meet this requirement in
18531887 10 accordance with Section 1-30(c) of this Act. This training
18541888 11 shall include, at minimum, the following types of instruction:
18551889 12 (a) Courses in birth-to-3 evaluation and treatment of
18561890 13 children with developmental disabilities and delays (1) that
18571891 14 are taught by fully credentialed early intervention providers
18581892 15 or educators with substantial experience in evaluation and
18591893 16 treatment of children from birth to age 3 with developmental
18601894 17 disabilities and delays, (2) that cover these topics within
18611895 18 each of the disciplines of audiology, occupational therapy,
18621896 19 physical therapy, speech and language pathology, and
18631897 20 developmental therapy, including the social-emotional domain
18641898 21 of development, (3) that are held no less than twice per year,
18651899 22 (4) that offer no fewer than 20 contact hours per year of
18661900 23 course work, (5) that are held in no fewer than 5 separate
18671901 24 locales throughout the State, and (6) that give enrollment
18681902 25 priority to early intervention providers who do not meet the
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18791913 1 experience, education, or continuing education requirements
18801914 2 necessary to be fully credentialed early intervention
18811915 3 providers; and
18821916 4 (b) Courses held no less than twice per year for no fewer
18831917 5 than 4 hours each in no fewer than 5 separate locales
18841918 6 throughout the State each on the following topics:
18851919 7 (1) Practice and procedures of private insurance
18861920 8 billing.
18871921 9 (2) The role of the regional intake entities; service
18881922 10 coordination; program eligibility determinations; family
18891923 11 fees; any federally funded, Department of Healthcare and
18901924 12 Family Services administered, medical programs, and
18911925 13 Division of Specialized Care applications, referrals, and
18921926 14 coordination with Early Intervention; and procedural
18931927 15 safeguards.
18941928 16 (3) Introduction to the early intervention program,
18951929 17 including provider enrollment and credentialing, overview
18961930 18 of Early Intervention program policies and rules, and
18971931 19 billing requirements.
18981932 20 (4) Evaluation and assessment of birth-to-3 children;
18991933 21 individualized family service plan development,
19001934 22 monitoring, and review; best practices; service
19011935 23 guidelines; and quality assurance.
19021936 24 Section 10-110. Contracting. In accordance with Section
19031937 25 1-30(c) of this Act, the lead agency may enter into contracts
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19141948 1 for some or all of its responsibilities under this Act,
19151949 2 including, but not limited to: credentialing and enrolling
19161950 3 providers; training under Section 10-105; maintaining a
19171951 4 central billing office; data collection and analysis;
19181952 5 establishing and maintaining a computerized case management
19191953 6 system accessible to local referral offices and providers;
19201954 7 creating and maintaining a system for provider credentialing
19211955 8 and enrollment; creating and maintaining the central directory
19221956 9 required under subsection (g) of Section 10-45 of this Act;
19231957 10 and program operations. Contracts with or grants to regional
19241958 11 intake entities must be made subject to public bid under a
19251959 12 request for proposals process no later than July 1, 2005.
19261960 13 Section 10-120. Early Intervention Services Revolving
19271961 14 Fund. The Early Intervention Services Revolving Fund, created
19281962 15 by Public Act 89-106, shall be held by the lead agency.
19291963 16 The Early Intervention Services Revolving Fund shall be
19301964 17 used to the extent determined necessary by the lead agency to
19311965 18 pay for early intervention services.
19321966 19 Local Accounts for such purposes may be established by the
19331967 20 lead agency.
19341968 21 Expenditures from the Early Intervention Services
19351969 22 Revolving Fund shall be made in accordance with applicable
19361970 23 program provisions and shall be limited to those purposes and
19371971 24 amounts specified under applicable program guidelines. Funding
19381972 25 of the Fund shall be from family fees, insurance company
19391973
19401974
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19491983 1 payments, federal financial participation received as
19501984 2 reimbursement for expenditures from the Fund, and
19511985 3 appropriations made to the State agencies involved in the
19521986 4 payment for early intervention services under this Act.
19531987 5 Disbursements from the Early Intervention Services
19541988 6 Revolving Fund shall be made as determined by the lead agency
19551989 7 or its designee. Funds in the Early Intervention Services
19561990 8 Revolving Fund or the local accounts created under this
19571991 9 Section that are not immediately required for expenditure may
19581992 10 be invested in certificates of deposit or other interest
19591993 11 bearing accounts. Any interest earned shall be deposited in
19601994 12 the Early Intervention Services Revolving Fund.
19611995 13 ARTICLE 15. POWERS AND DUTIES RELATING TO HOME-VISITING AND
19621996 14 PRESCHOOL SERVICES
19631997 15 Section 15-5. Transition of administrative
19641998 16 responsibilities related to home-visiting services Beginning
19651999 17 July 1, 2024, the Department of Early Childhood and the
19662000 18 Department of Human Services shall collaborate and plan for
19672001 19 the transition of administrative responsibilities related to
19682002 20 home-visiting services as prescribed in Section 10-16 of the
19692003 21 Department of Human Services Act.
19702004 22 Section 15-10. Home visiting program.
19712005 23 (a) The General Assembly finds that research-informed home
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19822016 1 visiting programs work to strengthen families' functioning and
19832017 2 support parents in caring for their children to ensure optimal
19842018 3 child development.
19852019 4 (b) Through June 30, 2026, the Department of Human
19862020 5 Services shall administer a home visiting program to support
19872021 6 communities in providing intensive home visiting programs to
19882022 7 pregnant persons and families with children from birth up to
19892023 8 elementary school enrollment. Services shall be offered on a
19902024 9 voluntary basis to families. In awarding grants under the
19912025 10 program, the Department of Human Services shall prioritize
19922026 11 populations or communities in need of such services, as
19932027 12 determined by the Department of Human Services, based on data
19942028 13 including, but not limited to, statewide home visiting needs
19952029 14 assessments. Eligibility under the program shall also take
19962030 15 into consideration requirements of the federal Maternal,
19972031 16 Infant, and Early Childhood Home Visiting Program and Head
19982032 17 Start and Early Head Start to ensure appropriate alignment.
19992033 18 The overall goals for these services are to:
20002034 19 (1) improve maternal and newborn health;
20012035 20 (2) prevent child abuse and neglect;
20022036 21 (3) promote children's development and readiness to
20032037 22 participate in school; and
20042038 23 (4) connect families to needed community resources
20052039 24 and supports.
20062040 25 (b-5) On and after July 1, 2026, the Department of Early
20072041 26 Childhood shall establish and administer a home visiting
20082042
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20182052 1 program to support communities in providing intensive home
20192053 2 visiting programs to pregnant persons and families with
20202054 3 children from birth up to elementary school enrollment.
20212055 4 (c) Allowable uses of funding include:
20222056 5 (1) Grants to community-based organizations to
20232057 6 implement home visiting and family support services with
20242058 7 fidelity to research-informed home visiting program
20252059 8 models, as defined by the Department. Services may
20262060 9 include, but are not limited to:
20272061 10 (A) personal visits with a child and the child's
20282062 11 parent or caregiver at a periodicity aligned with the
20292063 12 model being implemented;
20302064 13 (B) opportunities for connections with other
20312065 14 parents and caregivers in their community and other
20322066 15 social and community supports;
20332067 16 (C) enhancements to research-informed home
20342068 17 visiting program models based on community needs
20352069 18 including doula services, and other program
20362070 19 innovations as approved by the Department; and
20372071 20 (D) referrals to other resources needed by
20382072 21 families.
20392073 22 (2) Infrastructure supports for grantees, including,
20402074 23 but not limited to, professional development for the
20412075 24 workforce, technical assistance and capacity-building,
20422076 25 data system and supports, infant and early childhood
20432077 26 mental health consultation, trauma-informed practices,
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20542088 1 research, universal newborn screening, and coordinated
20552089 2 intake.
20562090 3 (d) Subject to appropriation, the Department administering
20572091 4 home-visiting programs subject to Section 15-10 (b) and
20582092 5 Section 15-10(b-5) shall award grants to community-based
20592093 6 agencies in accordance with this Section and any other rules
20602094 7 that may be adopted by the Department. Successful grantees
20612095 8 under this program shall comply with policies and procedures
20622096 9 on program, data, and expense reporting as developed by the
20632097 10 Department.
20642098 11 (e) Funds received under this Section shall supplement,
20652099 12 not supplant, other existing or new federal, State, or local
20662100 13 sources of funding for these services. Any new federal funding
20672101 14 received shall supplement and not supplant funding for this
20682102 15 program.
20692103 16 (f) The Department administering home-visiting programs
20702104 17 subject to Section 15-10 (b) and Section 15-10(b-5) shall
20712105 18 collaborate with relevant agencies to support the coordination
20722106 19 and alignment of home visiting services provided through other
20732107 20 State and federal funds, to the extent possible. The
20742108 21 Department administering home-visiting programs subject to
20752109 22 Section 15-10 (b) and Section 15-10(b-5) shall collaborate
20762110 23 with the State Board of Education, the Department of
20772111 24 Healthcare and Family Services, and Head Start and Early Head
20782112 25 Start in the implementation of these services to support
20792113 26 alignment with home visiting services provided through the
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20902124 1 Early Childhood Block Grant and the State's Medical Assistance
20912125 2 Program, respectively, to the extent possible.
20922126 3 (g) An advisory committee shall advise the Department
20932127 4 administering home-visiting programs subject to Section
20942128 5 15-10(b) and Section 15-10(b-5) concerning the implementation
20952129 6 of the home visiting program. The advisory committee shall
20962130 7 make recommendations on policy and implementation. The
20972131 8 Department shall determine whether the advisory committee
20982132 9 shall be a newly created body or an existing body such as a
20992133 10 committee of the Illinois Early Learning Council. The advisory
21002134 11 committee shall consist of one or more representatives of the
21012135 12 Department, other members representing public and private
21022136 13 entities that serve and interact with the families served
21032137 14 under the home visiting program, with the input of families
21042138 15 engaged in home visiting or related services themselves.
21052139 16 Family input may be secured by engaging families as members of
21062140 17 this advisory committee or as a separate committee of family
21072141 18 representatives.
21082142 19 (h) The Department of Early Childhood may adopt any rules
21092143 20 necessary to implement this Section.
21102144 21 Section 15-15. Collaboration; planning. Beginning July 1,
21112145 22 2024, the Department of Early Childhood shall collaborate with
21122146 23 the Illinois State Board of Education on administration of the
21132147 24 early childhood home-visiting and preschool programs
21142148 25 established in Sections 1C-2, 2-3.71, and 2-3.71a in the
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21252159 1 School Code. The Department of Early Childhood and the
21262160 2 Illinois State Board of Education shall plan for the transfer
21272161 3 of administrative responsibilities that will occur on and
21282162 4 after July 1, 2026.
21292163 5 Section 15-20. Programs concerning services to at-risk
21302164 6 children and their families.
21312165 7 (a) On and after July 1, 2026, the Department of Early
21322166 8 Childhood may provide grants to eligible entities, as defined
21332167 9 by the Department, to establish programs which offer
21342168 10 coordinated services to at-risk infants and toddlers and their
21352169 11 families. Each program shall include a parent education
21362170 12 program relating to the development and nurturing of infants
21372171 13 and toddlers and case management services to coordinate
21382172 14 existing services available in the region served by the
21392173 15 program. These services shall be provided through the
21402174 16 implementation of an individual family service plan. Each
21412175 17 program will have a community involvement component to provide
21422176 18 coordination in the service system.
21432177 19 (b) The Department shall administer the programs through
21442178 20 the grants to public school districts and other eligible
21452179 21 entities. These grants must be used to supplement, not
21462180 22 supplant, funds received from any other source. School
21472181 23 districts and other eligible entities receiving grants
21482182 24 pursuant to this Section shall conduct voluntary, intensive,
21492183 25 research-based, and comprehensive prevention services, as
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21602194 1 defined by the Department, for expecting parents and families
21612195 2 with children from birth to age 3 who are at-risk of academic
21622196 3 failure. A public school district that receives a grant under
21632197 4 this Section may subcontract with other eligible entities.
21642198 5 (c) The Department shall report to the General Assembly by
21652199 6 July 1, 2028 and every 2 years thereafter, using the most
21662200 7 current data available, on the status of programs funded under
21672201 8 this Section, including without limitation characteristics of
21682202 9 participants, services delivered, program models used, unmet
21692203 10 needs, and results of the programs funded.
21702204 11 Section 15-25. Block grants.
21712205 12 (a) Through June 30, 2026, the State Board of Education
21722206 13 shall award block grants to school districts and other
21732207 14 entities pursuant to Section 1C-1 of the School Code.
21742208 15 (b) On and after July 1, 2026, the Department of Early
21752209 16 Childhood shall award to school districts and other entities
21762210 17 block grants as described in subsection (c). The Department of
21772211 18 Early Childhood may adopt rules necessary to implement this
21782212 19 Section. Block grants are subject to audit. Therefore, block
21792213 20 grant receipts and block grant expenditures shall be recorded
21802214 21 to the appropriate fund code.
21812215 22 (c) An Early Childhood Education Block Grant shall be
21822216 23 created by combining the following programs: Preschool
21832217 24 Education, Parental Training and Prevention Initiative. These
21842218 25 funds shall be distributed to school districts and other
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21952229 1 entities on a competitive basis, except that the Department of
21962230 2 Early Childhood shall award to a school district having a
21972231 3 population exceeding 500,000 inhabitants 37% of the funds in
21982232 4 each fiscal year. Not less than 14% of the Early Childhood
21992233 5 Education Block Grant allocation of funds shall be used to
22002234 6 fund programs for children ages 0-3. Beginning in Fiscal Year
22012235 7 2016, at least 25% of any additional Early Childhood Education
22022236 8 Block Grant funding over and above the previous fiscal year's
22032237 9 allocation shall be used to fund programs for children ages
22042238 10 0-3. Once the percentage of Early Childhood Education Block
22052239 11 Grant funding allocated to programs for children ages 0-3
22062240 12 reaches 20% of the overall Early Childhood Education Block
22072241 13 Grant allocation for a full fiscal year, thereafter in
22082242 14 subsequent fiscal years the percentage of Early Childhood
22092243 15 Education Block Grant funding allocated to programs for
22102244 16 children ages 0-3 each fiscal year shall remain at least 20% of
22112245 17 the overall Early Childhood Education Block Grant allocation.
22122246 18 However, if, in a given fiscal year, the amount appropriated
22132247 19 for the Early Childhood Education Block Grant is insufficient
22142248 20 to increase the percentage of the grant to fund programs for
22152249 21 children ages 0-3 without reducing the amount of the grant for
22162250 22 existing providers of preschool education programs, then the
22172251 23 percentage of the grant to fund programs for children ages 0-3
22182252 24 may be held steady instead of increased.
22192253 25 (d) A school district in a city having a population
22202254 26 exceeding 500,000 is not required to file any application or
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22312265 1 other claim in order to receive the block grant to which it is
22322266 2 entitled under this Section. The Department of Early Childhood
22332267 3 shall make payments to the district of amounts due under the
22342268 4 district's block grant on a schedule determined by the
22352269 5 Department. A school district to which this Section applies
22362270 6 shall report to the Department of Early Childhood on its use of
22372271 7 the block grant in such form and detail as the Department may
22382272 8 specify. In addition, the report must include the following
22392273 9 description for the district, which must also be reported to
22402274 10 the General Assembly: block grant allocation and expenditures
22412275 11 by program; population and service levels by program; and
22422276 12 administrative expenditures by program. The Department shall
22432277 13 ensure that the reporting requirements for the district are
22442278 14 the same as for all other school districts in this State.
22452279 15 Beginning in Fiscal Year 2018, at least 25% of any additional
22462280 16 Preschool Education, Parental Training, and Prevention
22472281 17 Initiative program funding over and above the previous fiscal
22482282 18 year's allocation shall be used to fund programs for children
22492283 19 ages 0-3. Beginning in Fiscal Year 2018, funding for Preschool
22502284 20 Education, Parental Training, and Prevention Initiative
22512285 21 programs above the allocation for these programs in Fiscal
22522286 22 Year 2017 must be used solely as a supplement for these
22532287 23 programs and may not supplant funds received from other
22542288 24 sources.
22552289 25 (e) Reports. School districts and other entities that
22562290 26 receive an Early Childhood Education Block Grant shall report
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22672301 1 to the Department of Early Childhood on its use of the block
22682302 2 grant in such form and detail as the Department may specify. In
22692303 3 addition, the report must include the following description
22702304 4 for the district and other entities that receive an Early
22712305 5 Childhood Block Grant, which must also be reported to the
22722306 6 General Assembly: block grant allocation and expenditures by
22732307 7 program; population and service levels by program; and
22742308 8 administrative expenditures by program.
22752309 9 Section 15-30. Grants for preschool educational programs.
22762310 10 (a) Preschool program.
22772311 11 (1) Through June 30, 2026, The State Board of
22782312 12 Education shall implement and administer a grant program
22792313 13 to conduct voluntary preschool educational programs for
22802314 14 children ages 3 to 5, which include a parent education
22812315 15 component, pursuant to Section 2-3.71 of the School Code.
22822316 16 (2) On and after July 1, 2026, the Department of Early
22832317 17 Childhood shall implement and administer a grant program
22842318 18 for school districts and other eligible entities, as
22852319 19 defined by the Department, to conduct voluntary preschool
22862320 20 educational programs for children ages 3 to 5 which
22872321 21 include a parent education component. A public school
22882322 22 district which receives grants under this subsection may
22892323 23 subcontract with other entities that are eligible to
22902324 24 conduct a preschool educational program. These grants must
22912325 25 be used to supplement, not supplant, funds received from
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23022336 1 any other source.
23032337 2 (3) Except as otherwise provided under this subsection
23042338 3 (a), any teacher of preschool children in the program
23052339 4 authorized by this subsection shall hold a Professional
23062340 5 Educator License with an early childhood education
23072341 6 endorsement.
23082342 7 (3.5) Beginning with the 2018-2019 school year and
23092343 8 until the 2028-2029 school year, an individual may teach
23102344 9 preschool children in an early childhood program under
23112345 10 this Section if he or she holds a Professional Educator
23122346 11 License with an early childhood education endorsement or
23132347 12 with short-term approval for early childhood education or
23142348 13 he or she pursues a Professional Educator License and
23152349 14 holds any of the following:
23162350 15 (A) An ECE Credential Level of 5 awarded by the
23172351 16 Department of Human Services under the Gateways to
23182352 17 Opportunity Program developed under Section 10-70 of
23192353 18 the Department of Human Services Act.
23202354 19 (B) An Educator License with Stipulations with a
23212355 20 transitional bilingual educator endorsement and he or
23222356 21 she has (i) passed an early childhood education
23232357 22 content test or (ii) completed no less than 9 semester
23242358 23 hours of postsecondary coursework in the area of early
23252359 24 childhood education.
23262360 25 (4) Through June 30, 2026, the State Board of
23272361 26 Education shall provide the primary source of funding
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23382372 1 through appropriations for the program. On and after July
23392373 2 1, 2026, the Department of Early Childhood shall provide
23402374 3 the primary source of funding through appropriations for
23412375 4 the program. Such funds shall be distributed to achieve a
23422376 5 goal of "Preschool for All Children" for the benefit of
23432377 6 all children whose families choose to participate in the
23442378 7 program. Based on available appropriations, newly funded
23452379 8 programs shall be selected through a process giving first
23462380 9 priority to qualified programs serving primarily at-risk
23472381 10 children and second priority to qualified programs serving
23482382 11 primarily children with a family income of less than 4
23492383 12 times the poverty guidelines updated periodically in the
23502384 13 Federal Register by the U.S. Department of Health and
23512385 14 Human Services under the authority of 42 U.S.C. 9902(2).
23522386 15 For purposes of this paragraph (4), at-risk children are
23532387 16 those who because of their home and community environment
23542388 17 are subject to such language, cultural, economic and like
23552389 18 disadvantages to cause them to have been determined as a
23562390 19 result of screening procedures to be at risk of academic
23572391 20 failure. Through June 30, 2026, such screening procedures
23582392 21 shall be based on criteria established by the State Board
23592393 22 of Education. On and after July 1, 2026, such screening
23602394 23 procedures shall be based on criteria established by the
23612395 24 Department of Early Childhood. Except as otherwise
23622396 25 provided in this paragraph (4), grantees under the program
23632397 26 must enter into a memorandum of understanding with the
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23742408 1 appropriate local Head Start agency. This memorandum must
23752409 2 be entered into no later than 3 months after the award of a
23762410 3 grantee's grant under the program and must address
23772411 4 collaboration between the grantee's program and the local
23782412 5 Head Start agency on certain issues, which shall include
23792413 6 without limitation the following:
23802414 7 (A) educational activities, curricular objectives,
23812415 8 and instruction;
23822416 9 (B) public information dissemination and access to
23832417 10 programs for families contacting programs;
23842418 11 (C) service areas;
23852419 12 (D) selection priorities for eligible children to
23862420 13 be served by programs;
23872421 14 (E) maximizing the impact of federal and State
23882422 15 funding to benefit young children;
23892423 16 (F) staff training, including opportunities for
23902424 17 joint staff training;
23912425 18 (G) technical assistance;
23922426 19 (H) communication and parent outreach for smooth
23932427 20 transitions to kindergarten;
23942428 21 (I) provision and use of facilities,
23952429 22 transportation, and other program elements;
23962430 23 (J) facilitating each program's fulfillment of its
23972431 24 statutory and regulatory requirements;
23982432 25 (K) improving local planning and collaboration;
23992433 26 and
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24102444 1 (L) providing comprehensive services for the
24112445 2 neediest Illinois children and families. Through June
24122446 3 30, 2026, if the appropriate local Head Start agency
24132447 4 is unable or unwilling to enter into a memorandum of
24142448 5 understanding as required under this paragraph (4),
24152449 6 the memorandum of understanding requirement shall not
24162450 7 apply and the grantee under the program must notify
24172451 8 the State Board of Education in writing of the Head
24182452 9 Start agency's inability or unwillingness. Through
24192453 10 June 30, 2026, the State Board of Education shall
24202454 11 compile all such written notices and make them
24212455 12 available to the public. On and after July 1, 2026, if
24222456 13 the appropriate local Head Start agency is unable or
24232457 14 unwilling to enter into a memorandum of understanding
24242458 15 as required under this paragraph (4), the memorandum
24252459 16 of understanding requirement shall not apply and the
24262460 17 grantee under the program must notify the Department
24272461 18 of Early Childhood in writing of the Head Start
24282462 19 agency's inability or unwillingness. The Department of
24292463 20 Early Childhood shall compile all such written notices
24302464 21 and make them available to the public.
24312465 22 (5) Through June 30, 2026, the State Board of
24322466 23 Education shall develop and provide evaluation tools,
24332467 24 including tests, that school districts and other eligible
24342468 25 entities may use to evaluate children for school readiness
24352469 26 prior to age 5. The State Board of Education shall require
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24462480 1 school districts and other eligible entities to obtain
24472481 2 consent from the parents or guardians of children before
24482482 3 any evaluations are conducted. The State Board of
24492483 4 Education shall encourage local school districts and other
24502484 5 eligible entities to evaluate the population of preschool
24512485 6 children in their communities and provide preschool
24522486 7 programs, pursuant to this subsection, where appropriate.
24532487 8 (5.1) On and after July 1, 2026, the Department of
24542488 9 Early Childhood shall develop and provide evaluation
24552489 10 tools, including tests, that school districts and other
24562490 11 eligible entities may use to evaluate children for school
24572491 12 readiness prior to age 5. The Department of Early
24582492 13 Childhood shall require school districts and other
24592493 14 eligible entities to obtain consent from the parents or
24602494 15 guardians of children before any evaluations are
24612495 16 conducted. The Department of Early Childhood shall
24622496 17 encourage local school districts and other eligible
24632497 18 entities to evaluate the population of preschool children
24642498 19 in their communities and provide preschool programs,
24652499 20 pursuant to this subsection, where appropriate.
24662500 21 (6) Through June 30, 2026, the State Board of
24672501 22 Education shall report to the General Assembly by November
24682502 23 1, 2018 and every 2 years thereafter on the results and
24692503 24 progress of students who were enrolled in preschool
24702504 25 educational programs, including an assessment of which
24712505 26 programs have been most successful in promoting academic
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24822516 1 excellence and alleviating academic failure. Through June
24832517 2 30, 2026, the State Board of Education shall assess the
24842518 3 academic progress of all students who have been enrolled
24852519 4 in preschool educational programs. Through Fiscal Year
24862520 5 2026, on or before November 1 of each fiscal year in which
24872521 6 the General Assembly provides funding for new programs
24882522 7 under paragraph (4) of this Section, the State Board of
24892523 8 Education shall report to the General Assembly on what
24902524 9 percentage of new funding was provided to programs serving
24912525 10 primarily at-risk children, what percentage of new funding
24922526 11 was provided to programs serving primarily children with a
24932527 12 family income of less than 4 times the federal poverty
24942528 13 level, and what percentage of new funding was provided to
24952529 14 other programs.
24962530 15 (6.1) On and after July 1, 2026, the Department of
24972531 16 Early Childhood shall report to the General Assembly by
24982532 17 November 1, 2026 and every 2 years thereafter on the
24992533 18 results and progress of students who were enrolled in
25002534 19 preschool educational programs, including an assessment of
25012535 20 which programs have been most successful in promoting
25022536 21 academic excellence and alleviating academic failure. On
25032537 22 and after July 1, 2026, the Department of Early Childhood
25042538 23 shall assess the academic progress of all students who
25052539 24 have been enrolled in preschool educational programs.
25062540 25 Beginning in Fiscal Year 2027, on or before November 1 of
25072541 26 each fiscal year in which the General Assembly provides
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25182552 1 funding for new programs under paragraph (4) of this
25192553 2 Section, the Department of Early Childhood shall report to
25202554 3 the General Assembly on what percentage of new funding was
25212555 4 provided to programs serving primarily at-risk children,
25222556 5 what percentage of new funding was provided to programs
25232557 6 serving primarily children with a family income of less
25242558 7 than 4 times the federal poverty level, and what
25252559 8 percentage of new funding was provided to other programs.
25262560 9 (7) Due to evidence that expulsion practices in the
25272561 10 preschool years are linked to poor child outcomes and are
25282562 11 employed inconsistently across racial and gender groups,
25292563 12 early childhood programs receiving State funds under this
25302564 13 subsection (a) shall prohibit expulsions. Planned
25312565 14 transitions to settings that are able to better meet a
25322566 15 child's needs are not considered expulsion under this
25332567 16 paragraph (7).
25342568 17 (A) When persistent and serious challenging
25352569 18 behaviors emerge, the early childhood program shall
25362570 19 document steps taken to ensure that the child can
25372571 20 participate safely in the program; including
25382572 21 observations of initial and ongoing challenging
25392573 22 behaviors, strategies for remediation and intervention
25402574 23 plans to address the behaviors, and communication with
25412575 24 the parent or legal guardian, including participation
25422576 25 of the parent or legal guardian in planning and
25432577 26 decision-making.
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25542588 1 (B) The early childhood program shall, with
25552589 2 parental or legal guardian consent as required, use a
25562590 3 range of community resources, if available and deemed
25572591 4 necessary, including, but not limited to,
25582592 5 developmental screenings, referrals to programs and
25592593 6 services administered by a local educational agency or
25602594 7 early intervention agency under Parts B and C of the
25612595 8 federal Individual with Disabilities Education Act,
25622596 9 and consultation with infant and early childhood
25632597 10 mental health consultants and the child's health care
25642598 11 provider. The program shall document attempts to
25652599 12 engage these resources, including parent or legal
25662600 13 guardian participation and consent attempted and
25672601 14 obtained. Communication with the parent or legal
25682602 15 guardian shall take place in a culturally and
25692603 16 linguistically competent manner.
25702604 17 (C) If there is documented evidence that all
25712605 18 available interventions and supports recommended by a
25722606 19 qualified professional have been exhausted and the
25732607 20 program determines in its professional judgment that
25742608 21 transitioning a child to another program is necessary
25752609 22 for the well-being of the child or his or her peers and
25762610 23 staff, with parent or legal guardian permission, both
25772611 24 the current and pending programs shall create a
25782612 25 transition plan designed to ensure continuity of
25792613 26 services and the comprehensive development of the
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25902624 1 child. Communication with families shall occur in a
25912625 2 culturally and linguistically competent manner.
25922626 3 (D) Nothing in this paragraph (7) shall preclude a
25932627 4 parent's or legal guardian's right to voluntarily
25942628 5 withdraw his or her child from an early childhood
25952629 6 program. Early childhood programs shall request and
25962630 7 keep on file, when received, a written statement from
25972631 8 the parent or legal guardian stating the reason for
25982632 9 his or her decision to withdraw his or her child.
25992633 10 (E) In the case of the determination of a serious
26002634 11 safety threat to a child or others or in the case of
26012635 12 behaviors listed in subsection (d) of Section 10-22.6
26022636 13 of the School Code, the temporary removal of a child
26032637 14 from attendance in group settings may be used.
26042638 15 Temporary removal of a child from attendance in a
26052639 16 group setting shall trigger the process detailed in
26062640 17 subparagraphs (A), (B), and (C) of this paragraph (7),
26072641 18 with the child placed back in a group setting as
26082642 19 quickly as possible.
26092643 20 (F) Early childhood programs may use and the
26102644 21 Department of Early Childhood, State Board of
26112645 22 Education, the Department of Human Services, and the
26122646 23 Department of Children and Family Services shall
26132647 24 recommend training, technical support, and
26142648 25 professional development resources to improve the
26152649 26 ability of teachers, administrators, program
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26262660 1 directors, and other staff to promote social-emotional
26272661 2 development and behavioral health, to address
26282662 3 challenging behaviors, and to understand trauma and
26292663 4 trauma-informed care, cultural competence, family
26302664 5 engagement with diverse populations, the impact of
26312665 6 implicit bias on adult behavior, and the use of
26322666 7 reflective practice techniques. Support shall include
26332667 8 the availability of resources to contract with infant
26342668 9 and early childhood mental health consultants.
26352669 10 (G) Through June 30, 2026, early childhood
26362670 11 programs shall annually report to the State Board of
26372671 12 Education, and, beginning in Fiscal Year 2020, the
26382672 13 State Board of Education shall make available on a
26392673 14 biennial basis, in an existing report, all of the
26402674 15 following data for children from birth to age 5 who are
26412675 16 served by the program:
26422676 17 (i) Total number served over the course of the
26432677 18 program year and the total number of children who
26442678 19 left the program during the program year.
26452679 20 (ii) Number of planned transitions to another
26462680 21 program due to children's behavior, by children's
26472681 22 race, gender, disability, language, class/group
26482682 23 size, teacher-child ratio, and length of program
26492683 24 day.
26502684 25 (iii) Number of temporary removals of a child
26512685 26 from attendance in group settings due to a serious
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26622696 1 safety threat under subparagraph (E) of this
26632697 2 paragraph (7), by children's race, gender,
26642698 3 disability, language, class/group size,
26652699 4 teacher-child ratio, and length of program day.
26662700 5 (iv) Hours of infant and early childhood
26672701 6 mental health consultant contact with program
26682702 7 leaders, staff, and families over the program
26692703 8 year.
26702704 9 (G-5) On and after July 1, 2026, early childhood
26712705 10 programs shall annually report to the Department of
26722706 11 Early Childhood, and beginning in Fiscal Year 2028,
26732707 12 the Department of Early Childhood shall make available
26742708 13 on a biennial basis, in a report, all of the following
26752709 14 data for children from birth to age 5 who are served by
26762710 15 the program:
26772711 16 (i) Total number served over the course of the
26782712 17 program year and the total number of children who
26792713 18 left the program during the program year.
26802714 19 (ii) Number of planned transitions to another
26812715 20 program due to children's behavior, by children's
26822716 21 race, gender, disability, language, class/group
26832717 22 size, teacher-child ratio, and length of program
26842718 23 day.
26852719 24 (iii) Number of temporary removals of a child
26862720 25 from attendance in group settings due to a serious
26872721 26 safety threat under subparagraph (E) of this
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26982732 1 paragraph (7), by children's race, gender,
26992733 2 disability, language, class/group size,
27002734 3 teacher-child ratio, and length of program day.
27012735 4 (iv) Hours of infant and early childhood
27022736 5 mental health consultant contact with program
27032737 6 leaders, staff, and families over the program
27042738 7 year.
27052739 8 (H) Changes to services for children with an
27062740 9 individualized education program or individual family
27072741 10 service plan shall be construed in a manner consistent
27082742 11 with the federal Individuals with Disabilities
27092743 12 Education Act.
27102744 13 The Department of Early Childhood, in consultation
27112745 14 with the Department of Children and Family Services, shall
27122746 15 adopt rules to administer this paragraph (7).
27132747 16 (b) Notwithstanding any other provisions of this Section,
27142748 17 grantees may serve children ages 0 to 12 of essential workers
27152749 18 if the Governor has declared a disaster due to a public health
27162750 19 emergency pursuant to Section 7 of the Illinois Emergency
27172751 20 Management Agency Act. The Department of Early Childhood may
27182752 21 adopt rules to administer this subsection.
27192753 22 Section 15-35. Chronic absenteeism in preschool children.
27202754 23 (a) In this Section, "chronic absence" means absences that
27212755 24 total 10% or more of school days of the most recent academic
27222756 25 school year, including absences with and without valid cause,
27232757
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27332767 1 as defined in Section 26-2a of the School Code.
27342768 2 (b) The General Assembly makes all of the following
27352769 3 findings:
27362770 4 (1) The early years are an extremely important period
27372771 5 in a child's learning and development.
27382772 6 (2) Missed learning opportunities in the early years
27392773 7 make it difficult for a child to enter kindergarten ready
27402774 8 for success.
27412775 9 (3) Attendance patterns in the early years serve as
27422776 10 predictors of chronic absenteeism and reduced educational
27432777 11 outcomes in later school years. Therefore, it is crucial
27442778 12 that the implications of chronic absence be understood and
27452779 13 reviewed regularly under the Preschool for All Program and
27462780 14 Preschool for All Expansion Program under Section 15-30 of
27472781 15 this Act.
27482782 16 (c) The Preschool for All Program and Preschool for All
27492783 17 Expansion Program under Section 15-30 of this Act shall
27502784 18 collect and review its chronic absence data and determine what
27512785 19 support and resources are needed to positively engage
27522786 20 chronically absent students and their families to encourage
27532787 21 the habit of daily attendance and promote success.
27542788 22 (d) The Preschool for All Program and Preschool for All
27552789 23 Expansion Program under Section 15-30 of this Act are
27562790 24 encouraged to do all of the following:
27572791 25 (1) Provide support to students who are at risk of
27582792 26 reaching or exceeding chronic absence levels.
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27692803 1 (2) Make resources available to families, such as
27702804 2 those available through the State Board of Education's
27712805 3 Family Engagement Framework, to support and encourage
27722806 4 families to ensure their children's daily program
27732807 5 attendance.
27742808 6 (3) Include information about chronic absenteeism as
27752809 7 part of their preschool to kindergarten transition
27762810 8 resources.
27772811 9 (e) On or before July 1, 2020, and annually thereafter
27782812 10 through June 30, 2026, the Preschool for All Program and
27792813 11 Preschool for All Expansion Program shall report all data
27802814 12 collected under subsection (c) of this Section to the State
27812815 13 Board of Education, which shall make the report publicly
27822816 14 available via the Illinois Early Childhood Asset Map Internet
27832817 15 website and the Preschool for All Program or Preschool for All
27842818 16 Expansion Program triennial report.
27852819 17 (e-5) On and after July 1, 2026, the Department of Early
27862820 18 Childhood shall collect and review its chronic absence data
27872821 19 and determine what support and resources are needed to
27882822 20 positively engage chronically absent students and their
27892823 21 families to encourage the habit of daily attendance and
27902824 22 promote success. The Department shall report all data
27912825 23 collected and make a report publicly available via the
27922826 24 Illinois Early Childhood Asset Map Internet website and the
27932827 25 Preschool for All Program or Preschool for All Expansion
27942828 26 Program triennial report.
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28052839 1 Section 15-40. Restrictions on prekindergarten
28062840 2 assessments.
28072841 3 (a) In this Section:
28082842 4 "Diagnostic and screening purposes" means for the purpose
28092843 5 of determining if individual students need remedial
28102844 6 instruction or to determine eligibility for special education,
28112845 7 early intervention, bilingual education, dyslexia services, or
28122846 8 other related educational services. Any assessment used to
28132847 9 determine eligibility for special education or related
28142848 10 services must be consistent with Section 614 of the federal
28152849 11 Individuals with Disabilities Education Act. "Diagnostic and
28162850 12 screening purposes" includes the identification and evaluation
28172851 13 of students with disabilities. "Diagnostic and screening
28182852 14 purposes" does not include any assessment in which student
28192853 15 scores are used to rate or rank a classroom, program, teacher,
28202854 16 school, school district, or jurisdiction.
28212855 17 "Standardized assessment" means an assessment that
28222856 18 requires all student test takers to answer the same questions,
28232857 19 or a selection of questions from a common bank of questions, in
28242858 20 the same manner or substantially the same questions in the
28252859 21 same manner. "Standardized assessment" does not include an
28262860 22 observational assessment tool used to satisfy the requirements
28272861 23 of Section 2-3.64a-10 of the School Code.
28282862 24 (b) Consistent with Section 2-3.64a-15 of the School Code,
28292863 25 the Department of Early Childhood may not develop, purchase,
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28402874 1 or require a school district to administer, develop, or
28412875 2 purchase a standardized assessment for students enrolled or
28422876 3 preparing to enroll in prekindergarten, other than for
28432877 4 diagnostic and screening purposes.
28442878 5 (c) Consistent with Section 2-3.64a-15 of the School Code,
28452879 6 the Department of Early Childhood may not provide funding for
28462880 7 any standardized assessment of students enrolled or preparing
28472881 8 to enroll in prekindergarten, other than for diagnostic and
28482882 9 screening purposes.
28492883 10 (d) Nothing in this Section shall be construed to limit
28502884 11 the ability of a classroom teacher or school district to
28512885 12 develop, purchase, administer, or score an assessment for an
28522886 13 individual classroom, grade level, or group of grade levels in
28532887 14 any subject area in prekindergarten.
28542888 15 (e) Nothing in this Section limits procedures used by a
28552889 16 school or school district for child find under 34 CFR
28562890 17 300.111(c) or evaluation under 34 CFR 300.304.
28572891 18 (f) Nothing in this Section restricts the use of an annual
28582892 19 assessment of English proficiency of all English learners to
28592893 20 comply with Section 1111(b)(2)(G) of the federal Elementary
28602894 21 and Secondary Education Act of 1965.
28612895 22 Section 15-45. Grants for early childhood parental
28622896 23 training programs. On and after July 1, 2026, the Department
28632897 24 of Early Childhood shall implement and administer a grant
28642898 25 program consisting of grants to public school districts and
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28752909 1 other eligible entities, as defined by the Department, to
28762910 2 conduct early childhood parental training programs for the
28772911 3 parents of children in the period of life from birth to
28782912 4 kindergarten. A public school district that receives grants
28792913 5 under this Section may contract with other eligible entities
28802914 6 to conduct an early childhood parental training program. These
28812915 7 grants must be used to supplement, not supplant, funds
28822916 8 received from any other source. A school board or other
28832917 9 eligible entity shall employ appropriately qualified personnel
28842918 10 for its early childhood parental training program, including
28852919 11 but not limited to certified teachers, counselors,
28862920 12 psychiatrists, psychologists and social workers.
28872921 13 (a) As used in this Section, "parental training" means and
28882922 14 includes instruction in the following:
28892923 15 (1) Child growth and development, including prenatal
28902924 16 development.
28912925 17 (2) Childbirth and child care.
28922926 18 (3) Family structure, function and management.
28932927 19 (4) Prenatal and postnatal care for mothers and
28942928 20 infants.
28952929 21 (5) Prevention of child abuse.
28962930 22 (6) The physical, mental, emotional, social, economic
28972931 23 and psychological aspects of interpersonal and family
28982932 24 relationships.
28992933 25 (7) Parenting skill development.
29002934 26 The programs shall include activities that require
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29112945 1 substantial participation and interaction between parent and
29122946 2 child.
29132947 3 (b) The Department shall annually award funds through a
29142948 4 grant approval process established by the Department,
29152949 5 providing that an annual appropriation is made for this
29162950 6 purpose from State, federal or private funds. Nothing in this
29172951 7 Section shall preclude school districts from applying for or
29182952 8 accepting private funds to establish and implement programs.
29192953 9 (c) The Department shall assist those districts and other
29202954 10 eligible entities offering early childhood parental training
29212955 11 programs, upon request, in developing instructional materials,
29222956 12 training teachers and staff, and establishing appropriate time
29232957 13 allotments for each of the areas included in such instruction.
29242958 14 (d) School districts and other eligible entities may offer
29252959 15 early childhood parental training courses during that period
29262960 16 of the day which is not part of the regular school day.
29272961 17 Residents of the community may enroll in such courses. The
29282962 18 school board or other eligible entity may establish fees and
29292963 19 collect such charges as may be necessary for attendance at
29302964 20 such courses in an amount not to exceed the per capita cost of
29312965 21 the operation thereof, except that the board or other eligible
29322966 22 entity may waive all or part of such charges if it determines
29332967 23 that the parent is indigent or that the educational needs of
29342968 24 the parent require his or her attendance at such courses.
29352969 25 (e) Parents who participate in early childhood parental
29362970 26 training programs under this Section may be eligible for
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29472981 1 reasonable reimbursement of any incidental transportation and
29482982 2 child care expenses from the school district receiving funds
29492983 3 pursuant to this Section.
29502984 4 (f) Districts and other eligible entities receiving grants
29512985 5 pursuant to this Section shall coordinate programs created
29522986 6 under this Section with other preschool educational programs,
29532987 7 including "at-risk" preschool programs, special and vocational
29542988 8 education, and related services provided by other governmental
29552989 9 agencies and not-for-profit agencies.
29562990 10 (g) Early childhood programs under this Section are
29572991 11 subject to the requirements under paragraph (7) of subsection
29582992 12 (a) of Section 15-30 of this Act.
29592993 13 Section 15-50. Early childhood construction grants.
29602994 14 (a) The Capital Development Board is authorized to make
29612995 15 grants to public school districts and not-for-profit entities
29622996 16 for early childhood construction projects, except that in
29632997 17 Fiscal Year 2024 those grants may be made only to public school
29642998 18 districts. These grants shall be paid out of moneys
29652999 19 appropriated for that purpose from the School Construction
29663000 20 Fund, the Build Illinois Bond Fund, or the Rebuild Illinois
29673001 21 Projects Fund. No grants may be awarded to entities providing
29683002 22 services within private residences. A public school district
29693003 23 or other eligible entity must provide local matching funds in
29703004 24 the following manner:
29713005 25 (1) A public school district assigned to Tier 1 under
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29823016 1 Section 18-8.15 of the School Code or any other eligible
29833017 2 entity in an area encompassed by that district must
29843018 3 provide local matching funds in an amount equal to 3% of
29853019 4 the grant awarded under this Section.
29863020 5 (2) A public school district assigned to Tier 2 under
29873021 6 Section 18-8.15 of the School Code or any other eligible
29883022 7 entity in an area encompassed by that district must
29893023 8 provide local matching funds in an amount equal to 7.5% of
29903024 9 the grant awarded under this Section.
29913025 10 (3) A public school district assigned to Tier 3 under
29923026 11 Section 18-8.15 of the School Code or any other eligible
29933027 12 entity in an area encompassed by that district must
29943028 13 provide local matching funds in an amount equal to 8.75%
29953029 14 of the grant awarded under this Section.
29963030 15 (4) A public school district assigned to Tier 4 under
29973031 16 Section 18-8.15 of the School Code or any other eligible
29983032 17 entity in an area encompassed by that district must
29993033 18 provide local matching funds in an amount equal to 10% of
30003034 19 the grant awarded under this Section.
30013035 20 A public school district or other eligible entity has no
30023036 21 entitlement to a grant under this Section.
30033037 22 (b) The Capital Development Board shall adopt rules to
30043038 23 implement this Section. These rules need not be the same as the
30053039 24 rules for school construction project grants or school
30063040 25 maintenance project grants. The rules may specify:
30073041 26 (1) the manner of applying for grants;
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30183052 1 (2) project eligibility requirements;
30193053 2 (3) restrictions on the use of grant moneys;
30203054 3 (4) the manner in which school districts and other
30213055 4 eligible entities must account for the use of grant
30223056 5 moneys;
30233057 6 (5) requirements that new or improved facilities be
30243058 7 used for early childhood and other related programs for a
30253059 8 period of at least 10 years; and
30263060 9 (6) any other provision that the Capital Development
30273061 10 Board determines to be necessary or useful for the
30283062 11 administration of this Section.
30293063 12 (b-5) When grants are made to non-profit corporations for
30303064 13 the acquisition or construction of new facilities, the Capital
30313065 14 Development Board or any State agency it so designates shall
30323066 15 hold title to or place a lien on the facility for a period of
30333067 16 10 years after the date of the grant award, after which title
30343068 17 to the facility shall be transferred to the non-profit
30353069 18 corporation or the lien shall be removed, provided that the
30363070 19 non-profit corporation has complied with the terms of its
30373071 20 grant agreement. When grants are made to non-profit
30383072 21 corporations for the purpose of renovation or rehabilitation,
30393073 22 if the non-profit corporation does not comply with item (5) of
30403074 23 subsection (b) of this Section, the Capital Development Board
30413075 24 or any State agency it so designates shall recover the grant
30423076 25 pursuant to the procedures outlined in the Illinois Grant
30433077 26 Funds Recovery Act.
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30543088 1 (c) On and after July 1, 2026, the Capital Development
30553089 2 Board, in consultation with the Department of Early Childhood,
30563090 3 shall establish standards for the determination of priority
30573091 4 needs concerning early childhood projects based on projects
30583092 5 located in communities in the State with the greatest
30593093 6 underserved population of young children, utilizing Census
30603094 7 data and other reliable local early childhood service data.
30613095 8 (d) In each school year in which early childhood
30623096 9 construction project grants are awarded, 20% of the total
30633097 10 amount awarded shall be awarded to a school district with a
30643098 11 population of more than 500,000, provided that the school
30653099 12 district complies with the requirements of this Section and
30663100 13 the rules adopted under this Section.
30673101 14 Section 15-55. Infant/early childhood mental health
30683102 15 consultations.
30693103 16 (a) Findings; policies.
30703104 17 (1) The General Assembly finds that social and
30713105 18 emotional development is a core, developmental domain in
30723106 19 young children and is codified in the Illinois Early
30733107 20 Learning Standards.
30743108 21 (2) Fostering social and emotional development in,
30753109 22 early childhood means both providing the supportive
30763110 23 settings and interactions to maximize healthy social and
30773111 24 emotional development for all children, as well as
30783112 25 providing communities, programs, and providers with
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30893123 1 systems of tiered supports with training to respond to
30903124 2 more significant social and emotional challenges or where
30913125 3 experiences of trauma may be more prevalent.
30923126 4 (3) Early care and education programs and providers,
30933127 5 across a range of settings, have an important role to play
30943128 6 in supporting young children and families, especially
30953129 7 those who face greater challenges, such as trauma
30963130 8 exposure, social isolation, pervasive poverty, and toxic
30973131 9 stress. If programs, teaching staff, caregivers, and
30983132 10 providers are not provided with the support, services, and
30993133 11 training needed to accomplish these goals, it can lead to
31003134 12 children and families being asked to leave programs,
31013135 13 particularly without connection to more appropriate
31023136 14 services, thereby creating a disruption in learning and
31033137 15 social-emotional development. Investments in reflective
31043138 16 supervision, professional development specific to
31053139 17 diversity, equity, and inclusion practice, culturally
31063140 18 responsive training, implicit bias training, and how
31073141 19 trauma experienced during the early years can manifest in
31083142 20 challenging behaviors will create systems for serving
31093143 21 children that are informed in developmentally appropriate
31103144 22 and responsive supports.
31113145 23 (4) Studies have shown that the expulsion of infants,
31123146 24 toddlers, and young children in early care and education
31133147 25 settings is occurring at alarmingly high rates, more than
31143148 26 3 times that of students in K-12; further, expulsion
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31253159 1 occurs more frequently for Black children and Latinx
31263160 2 children and more frequently for boys than for girls, with
31273161 3 Black boys being most frequently expelled; there is
31283162 4 evidence to show that the expulsion of Black girls is
31293163 5 occurring with increasing frequency.
31303164 6 (5) Illinois took its first steps toward addressing
31313165 7 this disparity through Public Act 100-105 to prohibit
31323166 8 expulsion due to child behavior in early care and
31333167 9 education settings, but further work is needed to
31343168 10 implement this law, including strengthening provider
31353169 11 understanding of a successful transition and beginning to
31363170 12 identify strategies to reduce "soft expulsions" and to
31373171 13 ensure more young children and their teachers, providers,
31383172 14 and caregivers, in a range of early care and education
31393173 15 settings, can benefit from services, such as Infant/Early
31403174 16 Childhood Mental Health Consultations (I/ECMHC) and
31413175 17 positive behavior interventions and supports such as the
31423176 18 Pyramid Model.
31433177 19 (6) I/ECMHC is a critical component needed to align
31443178 20 social-emotional well-being with the public health model
31453179 21 of promotion, prevention, and intervention across early
31463180 22 care and education systems.
31473181 23 (b) The General Assembly encourages that all of the
31483182 24 following actions be taken by:
31493183 25 (1) the State to increase the availability of
31503184 26 Infant/Early Childhood Mental Health Consultations
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31613195 1 (I/ECMHC) through increased funding in early childhood
31623196 2 programs and sustainable funding for coordination of
31633197 3 I/ECMHC and other social and emotional support at the
31643198 4 State level;
31653199 5 (2) the Department of Early Childhood, the Department
31663200 6 of Human Services, the Illinois State Board of Education,
31673201 7 and other relevant agencies to develop and promote
31683202 8 provider-accessible and parent-accessible materials,
31693203 9 including native language, on the role and value of
31703204 10 I/ECMHC, including targeted promotion in underserved
31713205 11 communities, and promote the use of existing I/ECMHCs, the
31723206 12 I/ECMHC consultant database, or other existing services;
31733207 13 (3) the State to increase funding to promote and
31743208 14 provide training and implementation support for systems of
31753209 15 tiered support, such as the Pyramid Model, across early
31763210 16 childhood settings and urge the Department of Early
31773211 17 Childhood, the Department of Human Services, the Illinois
31783212 18 State Board of Education, and other relevant State
31793213 19 agencies to coordinate efforts and develop strategies to
31803214 20 provide outreach to and support providers in underserved
31813215 21 communities and communities with fewer programmatic
31823216 22 resources; and
31833217 23 (4) State agencies to provide the data required by
31843218 24 Public Act 100-105, even if the data is incomplete at the
31853219 25 time due to data system challenges.
31863220
31873221
31883222
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31963230 1 ARTICLE 20. POWERS AND DUTIES RELATING TO CHILD CARE AND DAY
31973231 2 CARE LICENSING
31983232 3 Section 20-5. Transition. Beginning July 1, 2024, the
31993233 4 Department of Early Childhood and the Department of Human
32003234 5 Services shall collaborate and plan for the transition of
32013235 6 child care services for children established in Section 5.15
32023236 7 of the Children and Family Services Act.
32033237 8 Section 20-10. Child care.
32043238 9 (a) The General Assembly recognizes that families with
32053239 10 children need child care in order to work. Child care is
32063240 11 expensive and families with limited access to economic
32073241 12 resources, including those who are transitioning from welfare
32083242 13 to work, often struggle to pay the costs of day care. The
32093243 14 General Assembly understands the importance of helping working
32103244 15 families with limited access to economic resources become and
32113245 16 remain self-sufficient. The General Assembly also believes
32123246 17 that it is the responsibility of families to share in the costs
32133247 18 of child care. It is also the preference of the General
32143248 19 Assembly that all working families with limited access to
32153249 20 economic resources should be treated equally, regardless of
32163250 21 their welfare status.
32173251 22 (b) On and after July 1, 2026, to the extent resources
32183252 23 permit, the Illinois Department of Early Childhood shall
32193253 24 provide child care services to parents or other relatives as
32203254
32213255
32223256
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32303264 1 defined by rule who are working or participating in employment
32313265 2 or Department approved education or training programs as
32323266 3 prescribed in Section 9A-11 of the Illinois Public Aid Code.
32333267 4 (c) Smart Start Child Care Program. Through June 30, 2026,
32343268 5 subject to appropriation, the Department of Human Services
32353269 6 shall establish and administer the Smart Start Child Care
32363270 7 Program. On and after July 1, 2026, the Department of Early
32373271 8 Childhood shall administer the Smart Start Child Care Program.
32383272 9 The Smart Start Child Care Program shall focus on creating
32393273 10 affordable child care, as well as increasing access to child
32403274 11 care, for Illinois residents and may include, but is not
32413275 12 limited to, providing funding to increase preschool
32423276 13 availability, providing funding for childcare workforce
32433277 14 compensation or capital investments, and expanding funding for
32443278 15 Early Childhood Access Consortium for Equity Scholarships. The
32453279 16 Department with authority to administer the Smart Start Child
32463280 17 Care Program shall establish program eligibility criteria,
32473281 18 participation conditions, payment levels, and other program
32483282 19 requirements by rule. The Department with authority to
32493283 20 administer the Smart Start Child Care Program may consult with
32503284 21 the Capital Development Board, the Department of Commerce and
32513285 22 Economic Opportunity, the State Board of Education, and the
32523286 23 Illinois Housing Development Authority, and other state
32533287 24 agencies as determined by the Department in the management and
32543288 25 disbursement of funds for capital-related projects. The
32553289 26 Capital Development Board, the Department of Commerce and
32563290
32573291
32583292
32593293
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32663300 1 Economic Opportunity, the State Board of Education, and the
32673301 2 Illinois Housing Development Authority, and other state
32683302 3 agencies as determined by the Department shall act in a
32693303 4 consulting role only for the evaluation of applicants, scoring
32703304 5 of applicants, or administration of the grant program.
32713305 6 Section 20-15. Day care services.
32723306 7 (a) For the purpose of ensuring effective statewide
32733307 8 planning, development, and utilization of resources for the
32743308 9 day care of children, operated under various auspices, the
32753309 10 Department of Early Childhood is designated on and after July
32763310 11 1, 2026 to coordinate all day care activities for children of
32773311 12 the State and shall develop or continue, and shall update
32783312 13 every year, a State comprehensive day care plan for submission
32793313 14 to the Governor that identifies high-priority areas and
32803314 15 groups, relating them to available resources and identifying
32813315 16 the most effective approaches to the use of existing day care
32823316 17 services. The State comprehensive day care plan shall be made
32833317 18 available to the General Assembly following the Governor's
32843318 19 approval of the plan.
32853319 20 The plan shall include methods and procedures for the
32863320 21 development of additional day care resources for children to
32873321 22 meet the goal of reducing short-run and long-run dependency
32883322 23 and to provide necessary enrichment and stimulation to the
32893323 24 education of young children. Recommendations shall be made for
32903324 25 State policy on optimum use of private and public, local,
32913325
32923326
32933327
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33013335 1 State and federal resources, including an estimate of the
33023336 2 resources needed for the licensing and regulation of day care
33033337 3 facilities.
33043338 4 A written report shall be submitted to the Governor and
33053339 5 the General Assembly annually on April 15. The report shall
33063340 6 include an evaluation of developments over the preceding
33073341 7 fiscal year, including cost-benefit analyses of various
33083342 8 arrangements. Beginning with the report in 1990 submitted by
33093343 9 the Department's predecessor agency and every 2 years
33103344 10 thereafter, the report shall also include the following:
33113345 11 (1) An assessment of the child care services, needs
33123346 12 and available resources throughout the State and an
33133347 13 assessment of the adequacy of existing child care
33143348 14 services, including, but not limited to, services assisted
33153349 15 under this Act and under any other program administered by
33163350 16 other State agencies.
33173351 17 (2) A survey of day care facilities to determine the
33183352 18 number of qualified caregivers, as defined by rule,
33193353 19 attracted to vacant positions and any problems encountered
33203354 20 by facilities in attracting and retaining capable
33213355 21 caregivers. The report shall include an assessment, based
33223356 22 on the survey, of improvements in employee benefits that
33233357 23 may attract capable caregivers.
33243358 24 (3) The average wages and salaries and fringe benefit
33253359 25 packages paid to caregivers throughout the State, computed
33263360 26 on a regional basis, compared to similarly qualified
33273361
33283362
33293363
33303364
33313365
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33373371 1 employees in other but related fields.
33383372 2 (4) The qualifications of new caregivers hired at
33393373 3 licensed day care facilities during the previous 2-year
33403374 4 period.
33413375 5 (5) Recommendations for increasing caregiver wages and
33423376 6 salaries to ensure quality care for children.
33433377 7 (6) Evaluation of the fee structure and income
33443378 8 eligibility for child care subsidized by the State.
33453379 9 (b) The Department of Early Childhood shall establish
33463380 10 policies and procedures for developing and implementing
33473381 11 interagency agreements with other agencies of the State
33483382 12 providing child care services or reimbursement for such
33493383 13 services. The plans shall be annually reviewed and modified
33503384 14 for the purpose of addressing issues of applicability and
33513385 15 service system barriers.
33523386 16 (c) In cooperation with other State agencies, the
33533387 17 Department of Early Childhood shall develop and implement, or
33543388 18 shall continue, a resource and referral system for the State
33553389 19 of Illinois either within the Department or by contract with
33563390 20 local or regional agencies. Funding for implementation of this
33573391 21 system may be provided through Department appropriations or
33583392 22 other interagency funding arrangements. The resource and
33593393 23 referral system shall provide at least the following services:
33603394 24 (1) Assembling and maintaining a database on the
33613395 25 supply of child care services.
33623396 26 (2) Providing information and referrals for parents.
33633397
33643398
33653399
33663400
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33733407 1 (3) Coordinating the development of new child care
33743408 2 resources.
33753409 3 (4) Providing technical assistance and training to
33763410 4 child care service providers.
33773411 5 (5) Recording and analyzing the demand for child care
33783412 6 services.
33793413 7 (d) The Department of Early Childhood shall conduct day
33803414 8 care planning activities with the following priorities:
33813415 9 (1) Development of voluntary day care resources
33823416 10 wherever possible, with the provision for grants-in-aid
33833417 11 only where demonstrated to be useful and necessary as
33843418 12 incentives or supports. The Department shall design a plan
33853419 13 to create more child care slots as well as goals and
33863420 14 timetables to improve quality and accessibility of child
33873421 15 care.
33883422 16 (2) Emphasis on service to children of recipients of
33893423 17 public assistance when such service will allow training or
33903424 18 employment of the parent toward achieving the goal of
33913425 19 independence.
33923426 20 (3) Care of children from families in stress and
33933427 21 crises whose members potentially may become, or are in
33943428 22 danger of becoming, non-productive and dependent.
33953429 23 (4) Expansion of family day care facilities wherever
33963430 24 possible.
33973431 25 (5) Location of centers in economically depressed
33983432 26 neighborhoods, preferably in multi-service centers with
33993433
34003434
34013435
34023436
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34093443 1 cooperation of other agencies. The Department shall
34103444 2 coordinate the provision of grants, but only to the extent
34113445 3 funds are specifically appropriated for this purpose, to
34123446 4 encourage the creation and expansion of child care centers
34133447 5 in high need communities to be issued by the State,
34143448 6 business, and local governments.
34153449 7 (6) Use of existing facilities free of charge or for
34163450 8 reasonable rental whenever possible in lieu of
34173451 9 construction.
34183452 10 (7) Development of strategies for assuring a more
34193453 11 complete range of day care options, including provision of
34203454 12 day care services in homes, in schools, or in centers,
34213455 13 which will enable parents to complete a course of
34223456 14 education or obtain or maintain employment and the
34233457 15 creation of more child care options for swing shift,
34243458 16 evening, and weekend workers and for working women with
34253459 17 sick children. The Department shall encourage companies to
34263460 18 provide child care in their own offices or in the building
34273461 19 in which the corporation is located so that employees of
34283462 20 all the building's tenants can benefit from the facility.
34293463 21 (8) Development of strategies for subsidizing students
34303464 22 pursuing degrees in the child care field.
34313465 23 (9) Continuation and expansion of service programs
34323466 24 that assist teen parents to continue and complete their
34333467 25 education.
34343468 26 Emphasis shall be given to support services that will help
34353469
34363470
34373471
34383472
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3441-
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34453479 1 to ensure such parents' graduation from high school and to
34463480 2 services for participants in any programs of job training
34473481 3 conducted by the Department.
34483482 4 (e) The Department of Early Childhood shall actively
34493483 5 stimulate the development of public and private resources at
34503484 6 the local level. It shall also seek the fullest utilization of
34513485 7 federal funds directly or indirectly available to the
34523486 8 Department. Where appropriate, existing non-governmental
34533487 9 agencies or associations shall be involved in planning by the
34543488 10 Department.
34553489 11 Section 20-20. Day care facilities for the children of
34563490 12 migrant workers. On and after July 1, 2026, the Department of
34573491 13 Early Childhood shall operate day care facilities for the
34583492 14 children of migrant workers in areas of the State where they
34593493 15 are needed. The Department of Early Childhood may provide
34603494 16 these day care services by contracting with private centers if
34613495 17 practicable. "Migrant worker" means any person who moves
34623496 18 seasonally from one place to another, within or without the
34633497 19 State, for the purpose of employment in agricultural
34643498 20 activities.
34653499 21 Section 20-25. Licensing day care facilities.
34663500 22 (a) Beginning July 1, 2024, the Department of Early
34673501 23 Childhood and the Department of Children and Family Services
34683502 24 shall collaborate and plan for the transition of
34693503
34703504
34713505
34723506
34733507
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34793513 1 administrative responsibilities related to licensing day care
34803514 2 centers, day care homes, and group day care homes as
34813515 3 prescribed throughout the Child Care Act of 1969.
34823516 4 (b) Beginning July 1, 2026, the Department of Early
34833517 5 Childhood shall manage all facets of licensing for day care
34843518 6 centers, day care homes, and group day care homes as
34853519 7 prescribed throughout the Child Care Act of 1969.
34863520 8 Section 20-30. Off-Hours Child Care Program.
34873521 9 (a) Legislative intent. The General Assembly finds that:
34883522 10 (1) Finding child care can be a challenge for
34893523 11 firefighters, paramedics, police officers, nurses, and
34903524 12 other third shift workers across the State who often work
34913525 13 non-typical work hours. This can impact home life, school,
34923526 14 bedtime routines, job safety, and the mental health of
34933527 15 some of our most critical front line workers and their
34943528 16 families.
34953529 17 (2) There is a need for increased options for
34963530 18 off-hours child care in the State.
34973531 19 (3) Illinois has a vested interest in ensuring that
34983532 20 our first responders and working families can provide
34993533 21 their children with appropriate care during off hours to
35003534 22 improve the morale of existing first responders and to
35013535 23 improve recruitment into the future.
35023536 24 (b) As used in this Section, "first responders" means
35033537 25 emergency medical services personnel as defined in the
35043538
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35063540
35073541
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35143548 1 Emergency Medical Services (EMS) Systems Act, firefighters,
35153549 2 law enforcement officers, and, as determined by the Department
35163550 3 of Early Childhood on and after July 1, 2026, any other workers
35173551 4 who, on account of their work schedule, need child care
35183552 5 outside of the hours when licensed child care facilities
35193553 6 typically operate.
35203554 7 (c) Beginning July 1, 2026, the Department of Early
35213555 8 Childhood shall administer the Off-Hours Child Care Program to
35223556 9 help first responders and other workers identify and access
35233557 10 off-hours, night, or sleep time child care, subject to
35243558 11 appropriation. Services funded under the program must address
35253559 12 the child care needs of first responders. Funding provided
35263560 13 under the program may also be used to cover any capital and
35273561 14 operating expenses related to the provision of off-hours,
35283562 15 night, or sleep time child care for first responders. Funding
35293563 16 awarded under this Section shall be funded through
35303564 17 appropriations from the Off-Hours Child Care Program Fund
35313565 18 created under Public Act 102-912. The Department of Early
35323566 19 Childhood may adopt any rules necessary to implement the
35333567 20 program.
35343568 21 Section 20-35. Great START program.
35353569 22 (a) Through June 30, 2026, the Department of Human
35363570 23 Services shall, subject to a specific appropriation for this
35373571 24 purpose, operate a Great START (Strategy To Attract and Retain
35383572 25 Teachers) program. The goal of the program is to improve
35393573
35403574
35413575
35423576
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35493583 1 children's developmental and educational outcomes in child
35503584 2 care by encouraging increased professional preparation by
35513585 3 staff and staff retention. The Great START program shall
35523586 4 coordinate with the TEACH professional development program.
35533587 5 The program shall provide wage supplements and may include
35543588 6 other incentives to licensed child care center personnel,
35553589 7 including early childhood teachers, school-age workers, early
35563590 8 childhood assistants, school-age assistants, and directors, as
35573591 9 such positions are defined by administrative rule of the
35583592 10 Department of Children and Family Services. The program shall
35593593 11 provide wage supplements and may include other incentives to
35603594 12 licensed family day care home personnel and licensed group day
35613595 13 care home personnel, including caregivers and assistants as
35623596 14 such positions are defined by administrative rule of the
35633597 15 Department of Children and Family Services. Individuals will
35643598 16 receive supplements commensurate with their qualifications.
35653599 17 (b) On and after July 1, 2026, the Department of Early
35663600 18 Childhood shall, subject to a specific appropriation for this
35673601 19 purpose, operate a Great START program. The goal of the
35683602 20 program is to improve children's developmental and educational
35693603 21 outcomes in child care by encouraging increased professional
35703604 22 preparation by staff and staff retention. The Great START
35713605 23 program shall coordinate with the TEACH professional
35723606 24 development program.
35733607 25 The program shall provide wage supplements and may include
35743608 26 other incentives to licensed child care center personnel,
35753609
35763610
35773611
35783612
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35853619 1 including early childhood teachers, school-age workers, early
35863620 2 childhood assistants, school-age assistants, and directors, as
35873621 3 such positions are defined by administrative rule by the
35883622 4 Department pursuant to subsections (a) and this subsection.
35893623 5 (c) The Department, pursuant to subsections (a) and (b),
35903624 6 shall, by rule, define the scope and operation of the program,
35913625 7 including a wage supplement scale. The scale shall pay
35923626 8 increasing amounts for higher levels of educational attainment
35933627 9 beyond minimum qualifications and shall recognize longevity of
35943628 10 employment. Subject to the availability of sufficient
35953629 11 appropriation, the wage supplements shall be paid to child
35963630 12 care personnel in the form of bonuses at 6-month intervals.
35973631 13 Six months of continuous service with a single employer is
35983632 14 required to be eligible to receive a wage supplement bonus.
35993633 15 Wage supplements shall be paid directly to individual day care
36003634 16 personnel, not to their employers. Eligible individuals must
36013635 17 provide to the Department or its agent all information and
36023636 18 documentation, including but not limited to college
36033637 19 transcripts, to demonstrate their qualifications for a
36043638 20 particular wage supplement level.
36053639 21 If appropriations permit, the Department may include
36063640 22 one-time signing bonuses or other incentives to help providers
36073641 23 attract staff, provided that the signing bonuses are less than
36083642 24 the supplement staff would have received if they had remained
36093643 25 employed with another day care center or family day care home.
36103644 26 If appropriations permit, the Department may include
36113645
36123646
36133647
36143648
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3617-
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36213655 1 one-time longevity bonuses or other incentives to recognize
36223656 2 staff who have remained with a single employer.
36233657 3 Section 20-40. Programs to train low-income older persons
36243658 4 to be child care workers. On and after July 1, 2026, the
36253659 5 Department of Early Childhood may, in conjunction with
36263660 6 colleges or universities in this State, establish programs to
36273661 7 train low-income older persons to be child care workers. The
36283662 8 Department shall prescribe, by rule:
36293663 9 (a) age and income qualifications for persons to be
36303664 10 trained under such programs; and
36313665 11 (b) standards for such programs to ensure that such
36323666 12 programs train participants to be skilled workers for the
36333667 13 child care industry.
36343668 14 Section 20-45. Home child care demonstration project;
36353669 15 conversion and renovation grants; Department of Early
36363670 16 Childhood.
36373671 17 (a) The General Assembly finds that the demand for quality
36383672 18 child care far outweighs the number of safe, quality spaces
36393673 19 for our children. The purpose of this Section is to increase
36403674 20 the number of child care providers by:
36413675 21 (1) developing a demonstration project to train
36423676 22 individuals to become home child care providers who are
36433677 23 able to establish and operate their own child care
36443678 24 facility; and
36453679
36463680
36473681
36483682
36493683
3650- HB5451 Engrossed - 103 - LRB103 39421 KTG 69604 b
3651-
3652-
3653-HB5451 Engrossed- 104 -LRB103 39421 KTG 69604 b HB5451 Engrossed - 104 - LRB103 39421 KTG 69604 b
3654- HB5451 Engrossed - 104 - LRB103 39421 KTG 69604 b
3684+ HB5451 - 103 - LRB103 39421 KTG 69604 b
3685+
3686+
3687+HB5451- 104 -LRB103 39421 KTG 69604 b HB5451 - 104 - LRB103 39421 KTG 69604 b
3688+ HB5451 - 104 - LRB103 39421 KTG 69604 b
36553689 1 (2) providing grants to convert and renovate existing
36563690 2 facilities.
36573691 3 (b) On and after July 1, 2026, the Department of Early
36583692 4 Childhood may from appropriations from the Child Care
36593693 5 Development Block Grant establish a demonstration project to
36603694 6 train individuals to become home child care providers who are
36613695 7 able to establish and operate their own home-based child care
36623696 8 facilities. On and after July 1, 2026, the Department of Early
36633697 9 Childhood is authorized to use funds for this purpose from the
36643698 10 child care and development funds deposited into the DHS
36653699 11 Special Purposes Trust Fund as described in Section 12-10 of
36663700 12 the Illinois Public Aid Code or deposited into the Employment
36673701 13 and Training Fund as described in Section 12-10.3 of the
36683702 14 Illinois Public Aid Code. As an economic development program,
36693703 15 the project's focus is to foster individual self-sufficiency
36703704 16 through an entrepreneurial approach by the creation of new
36713705 17 jobs and opening of new small home-based child care
36723706 18 businesses. The demonstration project shall involve
36733707 19 coordination among State and county governments and the
36743708 20 private sector, including but not limited to: the community
36753709 21 college system, the Departments of Labor and Commerce and
36763710 22 Economic Opportunity, the State Board of Education, large and
36773711 23 small private businesses, non-profit programs, unions, and
36783712 24 child care providers in the State.
36793713 25 (c) On and after July 1, 2026, the Department of Early
36803714 26 Childhood may from appropriations from the Child Care
36813715
36823716
36833717
36843718
36853719
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3687-
3688-
3689-HB5451 Engrossed- 105 -LRB103 39421 KTG 69604 b HB5451 Engrossed - 105 - LRB103 39421 KTG 69604 b
3690- HB5451 Engrossed - 105 - LRB103 39421 KTG 69604 b
3720+ HB5451 - 104 - LRB103 39421 KTG 69604 b
3721+
3722+
3723+HB5451- 105 -LRB103 39421 KTG 69604 b HB5451 - 105 - LRB103 39421 KTG 69604 b
3724+ HB5451 - 105 - LRB103 39421 KTG 69604 b
36913725 1 Development Block Grant provide grants to family child care
36923726 2 providers and center based programs to convert and renovate
36933727 3 existing facilities, to the extent permitted by federal law,
36943728 4 so additional family child care homes and child care centers
36953729 5 can be located in such facilities.
36963730 6 (1) Applications for grants shall be made to the
36973731 7 Department and shall contain information as the Department
36983732 8 shall require by rule. Every applicant shall provide
36993733 9 assurance to the Department that:
37003734 10 (A) the facility to be renovated or improved shall
37013735 11 be used as family child care home or child care center
37023736 12 for a continuous period of at least 5 years;
37033737 13 (B) any family child care home or child care
37043738 14 center program located in a renovated or improved
37053739 15 facility shall be licensed by the Department;
37063740 16 (C) the program shall comply with applicable
37073741 17 federal and State laws prohibiting discrimination
37083742 18 against any person on the basis of race, color,
37093743 19 national origin, religion, creed, or sex;
37103744 20 (D) the grant shall not be used for purposes of
37113745 21 entertainment or perquisites;
37123746 22 (E) the applicant shall comply with any other
37133747 23 requirement the Department may prescribe to ensure
37143748 24 adherence to applicable federal, State, and county
37153749 25 laws;
37163750 26 (F) all renovations and improvements undertaken
37173751
37183752
37193753
37203754
37213755
3722- HB5451 Engrossed - 105 - LRB103 39421 KTG 69604 b
3723-
3724-
3725-HB5451 Engrossed- 106 -LRB103 39421 KTG 69604 b HB5451 Engrossed - 106 - LRB103 39421 KTG 69604 b
3726- HB5451 Engrossed - 106 - LRB103 39421 KTG 69604 b
3756+ HB5451 - 105 - LRB103 39421 KTG 69604 b
3757+
3758+
3759+HB5451- 106 -LRB103 39421 KTG 69604 b HB5451 - 106 - LRB103 39421 KTG 69604 b
3760+ HB5451 - 106 - LRB103 39421 KTG 69604 b
37273761 1 with funds received under this Section shall comply
37283762 2 with all applicable State and county statutes and
37293763 3 ordinances including applicable building codes and
37303764 4 structural requirements of the Department; and
37313765 5 (G) the applicant shall indemnify and save
37323766 6 harmless the State and its officers, agents, and
37333767 7 employees from and against any and all claims arising
37343768 8 out of or resulting from the renovation and
37353769 9 improvements made with funds provided by this Section,
37363770 10 and, upon request of the Department, the applicant
37373771 11 shall procure sufficient insurance to provide that
37383772 12 indemnification.
37393773 13 (2) To receive a grant under this Section to convert
37403774 14 an existing facility into a family child care home or
37413775 15 child care center facility, the applicant shall:
37423776 16 (A) agree to make available to the Department all
37433777 17 records it may have relating to the operation of any
37443778 18 family child care home and child care center facility,
37453779 19 and to allow State agencies to monitor its compliance
37463780 20 with the purpose of this Section;
37473781 21 (B) agree that, if the facility is to be altered or
37483782 22 improved, or is to be used by other groups, moneys
37493783 23 appropriated by this Section shall be used for
37503784 24 renovating or improving the facility only to the
37513785 25 proportionate extent that the floor space will be used
37523786 26 by the child care program; and
37533787
37543788
37553789
37563790
37573791
3758- HB5451 Engrossed - 106 - LRB103 39421 KTG 69604 b
3759-
3760-
3761-HB5451 Engrossed- 107 -LRB103 39421 KTG 69604 b HB5451 Engrossed - 107 - LRB103 39421 KTG 69604 b
3762- HB5451 Engrossed - 107 - LRB103 39421 KTG 69604 b
3792+ HB5451 - 106 - LRB103 39421 KTG 69604 b
3793+
3794+
3795+HB5451- 107 -LRB103 39421 KTG 69604 b HB5451 - 107 - LRB103 39421 KTG 69604 b
3796+ HB5451 - 107 - LRB103 39421 KTG 69604 b
37633797 1 (C) establish, to the satisfaction of the
37643798 2 Department, that sufficient funds are available for
37653799 3 the effective use of the facility for the purpose for
37663800 4 which it is being renovated or improved.
37673801 5 (3) In selecting applicants for funding, the
37683802 6 Department shall make every effort to ensure that family
37693803 7 child care home or child care center facilities are
37703804 8 equitably distributed throughout the State according to
37713805 9 demographic need. The Department shall give priority
37723806 10 consideration to rural/Downstate areas of the State that
37733807 11 are currently experiencing a shortage of child care
37743808 12 services.
37753809 13 (4) In considering applications for grants to renovate
37763810 14 or improve an existing facility used for the operations of
37773811 15 a family child care home or child care center, the
37783812 16 Department shall give preference to applications to
37793813 17 renovate facilities most in need of repair to address
37803814 18 safety and habitability concerns. No grant shall be
37813815 19 disbursed unless an agreement is entered into between the
37823816 20 applicant and the State, by and through the Department.
37833817 21 The agreement shall include the assurances and conditions
37843818 22 required by this Section and any other terms which the
37853819 23 Department may require.
37863820 24 ARTICLE 80. TRANSITION PROVISIONS
37873821
37883822
37893823
37903824
37913825
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3793-
3794-
3795-HB5451 Engrossed- 108 -LRB103 39421 KTG 69604 b HB5451 Engrossed - 108 - LRB103 39421 KTG 69604 b
3796- HB5451 Engrossed - 108 - LRB103 39421 KTG 69604 b
3826+ HB5451 - 107 - LRB103 39421 KTG 69604 b
3827+
3828+
3829+HB5451- 108 -LRB103 39421 KTG 69604 b HB5451 - 108 - LRB103 39421 KTG 69604 b
3830+ HB5451 - 108 - LRB103 39421 KTG 69604 b
37973831 1 Section 80-5. Transfer of functions. On and after July 1,
37983832 2 2026:
37993833 3 (a) The powers, duties, rights, and responsibilities
38003834 4 vested in the transferring agencies relating to early care and
38013835 5 education programs and services to children and families
38023836 6 transferred by this Act shall be vested in and shall be
38033837 7 exercised by the Department of Early Childhood.
38043838 8 (b) The personnel who are engaged in the performance of
38053839 9 functions transferred to the Department or who are engaged in
38063840 10 the administration of a law the administration of which is
38073841 11 transferred to the Department shall be employed by the
38083842 12 Department of Early Childhood and not the agency from which
38093843 13 the duties performed are transferred.
38103844 14 (c) All books, records, papers, documents, property (real
38113845 15 and personal), contracts, causes of action, and pending
38123846 16 business pertaining to the powers, duties, rights, and
38133847 17 responsibilities relating to functions transferred under this
38143848 18 Act to the Department of Early Childhood, including, but not
38153849 19 limited to, material in electronic or magnetic format and
38163850 20 necessary computer hardware and software, shall be transferred
38173851 21 to the Department.
38183852 22 (d) Whenever reports or notices are now required to be
38193853 23 made or given or papers or documents furnished or served by any
38203854 24 person in connection with any of the powers, duties, rights,
38213855 25 and responsibilities relating to functions transferred by this
38223856 26 Act, the same shall be made, given, furnished, or served in the
38233857
38243858
38253859
38263860
38273861
3828- HB5451 Engrossed - 108 - LRB103 39421 KTG 69604 b
3829-
3830-
3831-HB5451 Engrossed- 109 -LRB103 39421 KTG 69604 b HB5451 Engrossed - 109 - LRB103 39421 KTG 69604 b
3832- HB5451 Engrossed - 109 - LRB103 39421 KTG 69604 b
3862+ HB5451 - 108 - LRB103 39421 KTG 69604 b
3863+
3864+
3865+HB5451- 109 -LRB103 39421 KTG 69604 b HB5451 - 109 - LRB103 39421 KTG 69604 b
3866+ HB5451 - 109 - LRB103 39421 KTG 69604 b
38333867 1 same manner to or upon the Department.
38343868 2 (e) This Act does not affect any act done, ratified, or
38353869 3 canceled or any right occurring or established or any action
38363870 4 or proceeding had or commenced in an administrative, civil, or
38373871 5 criminal cause by each transferring agency relating to
38383872 6 functions transferred by this Act before the transfer of
38393873 7 responsibilities; such actions or proceedings may be
38403874 8 prosecuted and continued by the Department.
38413875 9 Section 80-10. Rules and standards.
38423876 10 (a) The rules and standards of the Department's
38433877 11 predecessor agencies that are in effect on June 30, 2026 and
38443878 12 pertain to the rights, powers, duties, and functions
38453879 13 transferred to the Department under this Act shall become the
38463880 14 rules and standards of the Department of Early Childhood on
38473881 15 July 1, 2026 and shall continue in effect until amended or
38483882 16 repealed by the Department.
38493883 17 (b) Any rules pertaining to the rights, powers, duties,
38503884 18 and functions transferred to the Department under this Act
38513885 19 that have been proposed by a predecessor agency but have not
38523886 20 taken effect or been finally adopted by June 30, 2026 shall
38533887 21 become proposed rules of the Department of Early Childhood on
38543888 22 July 1, 2026, and any rulemaking procedures that have already
38553889 23 been completed by the predecessor agency for those proposed
38563890 24 rules need not be repeated.
38573891 25 (c) As soon as practical after July 1, 2026, the
38583892
38593893
38603894
38613895
38623896
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3864-
3865-
3866-HB5451 Engrossed- 110 -LRB103 39421 KTG 69604 b HB5451 Engrossed - 110 - LRB103 39421 KTG 69604 b
3867- HB5451 Engrossed - 110 - LRB103 39421 KTG 69604 b
3897+ HB5451 - 109 - LRB103 39421 KTG 69604 b
3898+
3899+
3900+HB5451- 110 -LRB103 39421 KTG 69604 b HB5451 - 110 - LRB103 39421 KTG 69604 b
3901+ HB5451 - 110 - LRB103 39421 KTG 69604 b
38683902 1 Department of Early Childhood shall revise and clarify the
38693903 2 rules transferred to it under this Act to reflect the
38703904 3 reorganization of rights, powers, duties, and functions
38713905 4 effected by this Act using the procedures for recodification
38723906 5 of rules available under the Illinois Administrative Procedure
38733907 6 Act, except that existing Title, Part, and Section numbering
38743908 7 for the affected rules may be retained. The Department may
38753909 8 propose and adopt under the Illinois Administrative Procedure
38763910 9 Act such other rules as may be necessary to consolidate and
38773911 10 clarify the rules of the agencies reorganized by this Act.
38783912 11 Section 80-15. Savings provisions.
38793913 12 (a) The rights, powers, duties, and functions transferred
38803914 13 to the Department of Early Childhood by this Act shall be
38813915 14 vested in and exercised by the Department subject to the
38823916 15 provisions of this Act. An act done by the Department or an
38833917 16 officer, employee, or agent of the Department in the exercise
38843918 17 of the transferred rights, powers, duties, or functions shall
38853919 18 have the same legal effect as if done by the predecessor agency
38863920 19 or an officer, employee, or agent of the predecessor agency.
38873921 20 (b) The transfer of rights, powers, duties, and functions
38883922 21 to the Department of Early Childhood under this Act does not
38893923 22 invalidate any previous action taken by or in respect to any of
38903924 23 its predecessor agencies or their officers, employees, or
38913925 24 agents. References to those predecessor agencies or their
38923926 25 officers, employees or agents in any document, contract,
38933927
38943928
38953929
38963930
38973931
3898- HB5451 Engrossed - 110 - LRB103 39421 KTG 69604 b
3899-
3900-
3901-HB5451 Engrossed- 111 -LRB103 39421 KTG 69604 b HB5451 Engrossed - 111 - LRB103 39421 KTG 69604 b
3902- HB5451 Engrossed - 111 - LRB103 39421 KTG 69604 b
3932+ HB5451 - 110 - LRB103 39421 KTG 69604 b
3933+
3934+
3935+HB5451- 111 -LRB103 39421 KTG 69604 b HB5451 - 111 - LRB103 39421 KTG 69604 b
3936+ HB5451 - 111 - LRB103 39421 KTG 69604 b
39033937 1 agreement, or law shall, in appropriate contexts, be deemed to
39043938 2 refer to the Department or its officers, employees, or agents.
39053939 3 (c) The transfer of rights, powers, duties, and functions
39063940 4 to the Department of Early Childhood under this Act does not
39073941 5 affect any person's rights, obligations, or duties, including
39083942 6 any civil or criminal penalties applicable thereto, arising
39093943 7 out of those transferred rights, powers, duties, and
39103944 8 functions.
39113945 9 (d) With respect to matters that pertain to a right,
39123946 10 power, duty, or function transferred to the Department of
39133947 11 Early Childhood under this Act:
39143948 12 (1) Beginning July 1, 2026, a report or notice that
39153949 13 was previously required to be made or given by any person
39163950 14 to a predecessor agency or any of its officers, employees,
39173951 15 or agents shall be made or given in the same manner to the
39183952 16 Department or its appropriate officer, employee, or agent.
39193953 17 (2) Beginning July 1, 2026, a document that was
39203954 18 previously required to be furnished or served by any
39213955 19 person to or upon a predecessor agency or any of its
39223956 20 officers, employees, or agents shall be furnished or
39233957 21 served in the same manner to or upon the Department or its
39243958 22 appropriate officer, employee, or agent.
39253959 23 (e) This Act does not affect any act done, ratified, or
39263960 24 canceled, any right occurring or established, or any action or
39273961 25 proceeding had or commenced in an administrative, civil, or
39283962 26 criminal cause before July 1, 2026. Any such action or
39293963
39303964
39313965
39323966
39333967
3934- HB5451 Engrossed - 111 - LRB103 39421 KTG 69604 b
3935-
3936-
3937-HB5451 Engrossed- 112 -LRB103 39421 KTG 69604 b HB5451 Engrossed - 112 - LRB103 39421 KTG 69604 b
3938- HB5451 Engrossed - 112 - LRB103 39421 KTG 69604 b
3968+ HB5451 - 111 - LRB103 39421 KTG 69604 b
3969+
3970+
3971+HB5451- 112 -LRB103 39421 KTG 69604 b HB5451 - 112 - LRB103 39421 KTG 69604 b
3972+ HB5451 - 112 - LRB103 39421 KTG 69604 b
39393973 1 proceeding that pertains to a right, power, duty, or function
39403974 2 transferred to the Department of Early Childhood under this
39413975 3 Act and that is pending on that date may be prosecuted,
39423976 4 defended, or continued by the Department of Early Childhood.
39433977 5 ARTICLE 90. AMENDATORY PROVISIONS
39443978 6 Section 90-5. The Civil Administrative Code of Illinois is
39453979 7 amended by changing Sections 5-10, 5-15, and 5-20 and by
39463980 8 adding Sections 5-126 and 5-336 as follows:
39473981 9 (20 ILCS 5/5-10) (was 20 ILCS 5/2.1)
39483982 10 Sec. 5-10. "Director". As used in the Civil Administrative
39493983 11 Code of Illinois, unless the context clearly indicates
39503984 12 otherwise, the word "director" means the several directors of
39513985 13 the departments of State government as designated in Section
39523986 14 5-20 of this Law and includes the Secretary of Early
39533987 15 Childhood, the Secretary of Financial and Professional
39543988 16 Regulation, the Secretary of Innovation and Technology, the
39553989 17 Secretary of Human Services, and the Secretary of
39563990 18 Transportation.
39573991 19 (Source: P.A. 100-611, eff. 7-20-18.)
39583992 20 (20 ILCS 5/5-15) (was 20 ILCS 5/3)
39593993 21 Sec. 5-15. Departments of State government. The
39603994 22 Departments of State government are created as follows:
39613995
39623996
39633997
39643998
39653999
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3967-
3968-
3969-HB5451 Engrossed- 113 -LRB103 39421 KTG 69604 b HB5451 Engrossed - 113 - LRB103 39421 KTG 69604 b
3970- HB5451 Engrossed - 113 - LRB103 39421 KTG 69604 b
4000+ HB5451 - 112 - LRB103 39421 KTG 69604 b
4001+
4002+
4003+HB5451- 113 -LRB103 39421 KTG 69604 b HB5451 - 113 - LRB103 39421 KTG 69604 b
4004+ HB5451 - 113 - LRB103 39421 KTG 69604 b
39714005 1 The Department on Aging.
39724006 2 The Department of Agriculture.
39734007 3 The Department of Central Management Services.
39744008 4 The Department of Children and Family Services.
39754009 5 The Department of Commerce and Economic Opportunity.
39764010 6 The Department of Corrections.
39774011 7 The Department of Early Childhood.
39784012 8 The Department of Employment Security.
39794013 9 The Illinois Emergency Management Agency.
39804014 10 The Department of Financial and Professional Regulation.
39814015 11 The Department of Healthcare and Family Services.
39824016 12 The Department of Human Rights.
39834017 13 The Department of Human Services.
39844018 14 The Department of Innovation and Technology.
39854019 15 The Department of Insurance.
39864020 16 The Department of Juvenile Justice.
39874021 17 The Department of Labor.
39884022 18 The Department of the Lottery.
39894023 19 The Department of Natural Resources.
39904024 20 The Department of Public Health.
39914025 21 The Department of Revenue.
39924026 22 The Illinois State Police.
39934027 23 The Department of Transportation.
39944028 24 The Department of Veterans' Affairs.
39954029 25 (Source: P.A. 102-538, eff. 8-20-21.)
39964030
39974031
39984032
39994033
40004034
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4002-
4003-
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4005- HB5451 Engrossed - 114 - LRB103 39421 KTG 69604 b
4035+ HB5451 - 113 - LRB103 39421 KTG 69604 b
4036+
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40064040 1 (20 ILCS 5/5-20) (was 20 ILCS 5/4)
40074041 2 Sec. 5-20. Heads of departments. Each department shall
40084042 3 have an officer as its head who shall be known as director or
40094043 4 secretary and who shall, subject to the provisions of the
40104044 5 Civil Administrative Code of Illinois, execute the powers and
40114045 6 discharge the duties vested by law in his or her respective
40124046 7 department.
40134047 8 The following officers are hereby created:
40144048 9 Director of Aging, for the Department on Aging.
40154049 10 Director of Agriculture, for the Department of
40164050 11 Agriculture.
40174051 12 Director of Central Management Services, for the
40184052 13 Department of Central Management Services.
40194053 14 Director of Children and Family Services, for the
40204054 15 Department of Children and Family Services.
40214055 16 Director of Commerce and Economic Opportunity, for the
40224056 17 Department of Commerce and Economic Opportunity.
40234057 18 Director of Corrections, for the Department of
40244058 19 Corrections.
40254059 20 Director of the Illinois Emergency Management Agency, for
40264060 21 the Illinois Emergency Management Agency.
40274061 22 Secretary of Early Childhood, for the Department of Early
40284062 23 Childhood.
40294063 24 Director of Employment Security, for the Department of
40304064 25 Employment Security.
40314065 26 Secretary of Financial and Professional Regulation, for
40324066
40334067
40344068
40354069
40364070
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4038-
4039-
4040-HB5451 Engrossed- 115 -LRB103 39421 KTG 69604 b HB5451 Engrossed - 115 - LRB103 39421 KTG 69604 b
4041- HB5451 Engrossed - 115 - LRB103 39421 KTG 69604 b
4071+ HB5451 - 114 - LRB103 39421 KTG 69604 b
4072+
4073+
4074+HB5451- 115 -LRB103 39421 KTG 69604 b HB5451 - 115 - LRB103 39421 KTG 69604 b
4075+ HB5451 - 115 - LRB103 39421 KTG 69604 b
40424076 1 the Department of Financial and Professional Regulation.
40434077 2 Director of Healthcare and Family Services, for the
40444078 3 Department of Healthcare and Family Services.
40454079 4 Director of Human Rights, for the Department of Human
40464080 5 Rights.
40474081 6 Secretary of Human Services, for the Department of Human
40484082 7 Services.
40494083 8 Secretary of Innovation and Technology, for the Department
40504084 9 of Innovation and Technology.
40514085 10 Director of Insurance, for the Department of Insurance.
40524086 11 Director of Juvenile Justice, for the Department of
40534087 12 Juvenile Justice.
40544088 13 Director of Labor, for the Department of Labor.
40554089 14 Director of the Lottery, for the Department of the
40564090 15 Lottery.
40574091 16 Director of Natural Resources, for the Department of
40584092 17 Natural Resources.
40594093 18 Director of Public Health, for the Department of Public
40604094 19 Health.
40614095 20 Director of Revenue, for the Department of Revenue.
40624096 21 Director of the Illinois State Police, for the Illinois
40634097 22 State Police.
40644098 23 Secretary of Transportation, for the Department of
40654099 24 Transportation.
40664100 25 Director of Veterans' Affairs, for the Department of
40674101 26 Veterans' Affairs.
40684102
40694103
40704104
40714105
40724106
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4074-
4075-
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4077- HB5451 Engrossed - 116 - LRB103 39421 KTG 69604 b
4107+ HB5451 - 115 - LRB103 39421 KTG 69604 b
4108+
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4111+ HB5451 - 116 - LRB103 39421 KTG 69604 b
40784112 1 (Source: P.A. 102-538, eff. 8-20-21.)
40794113 2 (20 ILCS 5/5-126 new)
40804114 3 Sec. 5-126. In the Department of Early Childhood.
40814115 4 Secretary and Assistant Secretaries of Early Childhood.
40824116 5 (20 ILCS 5/5-336 new)
40834117 6 Sec. 5-336. In the Department of Early Childhood. For
40844118 7 terms beginning on or after July 1, 2024, the Secretary shall
40854119 8 receive an annual salary of $200,000 or as set by the Governor,
40864120 9 whichever is higher. On July 1, 2025, and on each July 1
40874121 10 thereafter, the Secretary shall receive an increase in salary
40884122 11 based on the cost of living adjustment as authorized by Senate
40894123 12 Joint Resolution 192 of the 86th General Assembly.
40904124 13 Section 90-10. The Children and Family Services Act is
40914125 14 amended by changing Sections 5.15, 5.20, 22.1, 34.9, and 34.10
40924126 15 as follows:
40934127 16 (20 ILCS 505/5.15)
40944128 17 Sec. 5.15. Daycare; Department of Human Services.
40954129 18 (a) For the purpose of ensuring effective statewide
40964130 19 planning, development, and utilization of resources for the
40974131 20 day care of children, operated under various auspices, the
40984132 21 Department of Human Services is designated to coordinate all
40994133 22 day care activities for children of the State and shall
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41104144 1 develop or continue, and shall update every year, a State
41114145 2 comprehensive day-care plan for submission to the Governor
41124146 3 that identifies high-priority areas and groups, relating them
41134147 4 to available resources and identifying the most effective
41144148 5 approaches to the use of existing day care services. The State
41154149 6 comprehensive day-care plan shall be made available to the
41164150 7 General Assembly following the Governor's approval of the
41174151 8 plan.
41184152 9 The plan shall include methods and procedures for the
41194153 10 development of additional day care resources for children to
41204154 11 meet the goal of reducing short-run and long-run dependency
41214155 12 and to provide necessary enrichment and stimulation to the
41224156 13 education of young children. Recommendations shall be made for
41234157 14 State policy on optimum use of private and public, local,
41244158 15 State and federal resources, including an estimate of the
41254159 16 resources needed for the licensing and regulation of day care
41264160 17 facilities.
41274161 18 A written report shall be submitted to the Governor and
41284162 19 the General Assembly annually on April 15. The report shall
41294163 20 include an evaluation of developments over the preceding
41304164 21 fiscal year, including cost-benefit analyses of various
41314165 22 arrangements. Beginning with the report in 1990 submitted by
41324166 23 the Department's predecessor agency and every 2 years
41334167 24 thereafter, the report shall also include the following:
41344168 25 (1) An assessment of the child care services, needs
41354169 26 and available resources throughout the State and an
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41464180 1 assessment of the adequacy of existing child care
41474181 2 services, including, but not limited to, services assisted
41484182 3 under this Act and under any other program administered by
41494183 4 other State agencies.
41504184 5 (2) A survey of day care facilities to determine the
41514185 6 number of qualified caregivers, as defined by rule,
41524186 7 attracted to vacant positions and any problems encountered
41534187 8 by facilities in attracting and retaining capable
41544188 9 caregivers. The report shall include an assessment, based
41554189 10 on the survey, of improvements in employee benefits that
41564190 11 may attract capable caregivers.
41574191 12 (3) The average wages and salaries and fringe benefit
41584192 13 packages paid to caregivers throughout the State, computed
41594193 14 on a regional basis, compared to similarly qualified
41604194 15 employees in other but related fields.
41614195 16 (4) The qualifications of new caregivers hired at
41624196 17 licensed day care facilities during the previous 2-year
41634197 18 period.
41644198 19 (5) Recommendations for increasing caregiver wages and
41654199 20 salaries to ensure quality care for children.
41664200 21 (6) Evaluation of the fee structure and income
41674201 22 eligibility for child care subsidized by the State.
41684202 23 The requirement for reporting to the General Assembly
41694203 24 shall be satisfied by filing copies of the report as required
41704204 25 by Section 3.1 of the General Assembly Organization Act, and
41714205 26 filing such additional copies with the State Government Report
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41824216 1 Distribution Center for the General Assembly as is required
41834217 2 under paragraph (t) of Section 7 of the State Library Act.
41844218 3 (b) The Department of Human Services shall establish
41854219 4 policies and procedures for developing and implementing
41864220 5 interagency agreements with other agencies of the State
41874221 6 providing child care services or reimbursement for such
41884222 7 services. The plans shall be annually reviewed and modified
41894223 8 for the purpose of addressing issues of applicability and
41904224 9 service system barriers.
41914225 10 (c) In cooperation with other State agencies, the
41924226 11 Department of Human Services shall develop and implement, or
41934227 12 shall continue, a resource and referral system for the State
41944228 13 of Illinois either within the Department or by contract with
41954229 14 local or regional agencies. Funding for implementation of this
41964230 15 system may be provided through Department appropriations or
41974231 16 other inter-agency funding arrangements. The resource and
41984232 17 referral system shall provide at least the following services:
41994233 18 (1) Assembling and maintaining a data base on the
42004234 19 supply of child care services.
42014235 20 (2) Providing information and referrals for parents.
42024236 21 (3) Coordinating the development of new child care
42034237 22 resources.
42044238 23 (4) Providing technical assistance and training to
42054239 24 child care service providers.
42064240 25 (5) Recording and analyzing the demand for child care
42074241 26 services.
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42184252 1 (d) The Department of Human Services shall conduct day
42194253 2 care planning activities with the following priorities:
42204254 3 (1) Development of voluntary day care resources
42214255 4 wherever possible, with the provision for grants-in-aid
42224256 5 only where demonstrated to be useful and necessary as
42234257 6 incentives or supports. By January 1, 2002, the Department
42244258 7 shall design a plan to create more child care slots as well
42254259 8 as goals and timetables to improve quality and
42264260 9 accessibility of child care.
42274261 10 (2) Emphasis on service to children of recipients of
42284262 11 public assistance when such service will allow training or
42294263 12 employment of the parent toward achieving the goal of
42304264 13 independence.
42314265 14 (3) (Blank).
42324266 15 (4) Care of children from families in stress and
42334267 16 crises whose members potentially may become, or are in
42344268 17 danger of becoming, non-productive and dependent.
42354269 18 (5) Expansion of family day care facilities wherever
42364270 19 possible.
42374271 20 (6) Location of centers in economically depressed
42384272 21 neighborhoods, preferably in multi-service centers with
42394273 22 cooperation of other agencies. The Department shall
42404274 23 coordinate the provision of grants, but only to the extent
42414275 24 funds are specifically appropriated for this purpose, to
42424276 25 encourage the creation and expansion of child care centers
42434277 26 in high need communities to be issued by the State,
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42544288 1 business, and local governments.
42554289 2 (7) Use of existing facilities free of charge or for
42564290 3 reasonable rental whenever possible in lieu of
42574291 4 construction.
42584292 5 (8) Development of strategies for assuring a more
42594293 6 complete range of day care options, including provision of
42604294 7 day care services in homes, in schools, or in centers,
42614295 8 which will enable a parent or parents to complete a course
42624296 9 of education or obtain or maintain employment and the
42634297 10 creation of more child care options for swing shift,
42644298 11 evening, and weekend workers and for working women with
42654299 12 sick children. The Department shall encourage companies to
42664300 13 provide child care in their own offices or in the building
42674301 14 in which the corporation is located so that employees of
42684302 15 all the building's tenants can benefit from the facility.
42694303 16 (9) Development of strategies for subsidizing students
42704304 17 pursuing degrees in the child care field.
42714305 18 (10) Continuation and expansion of service programs
42724306 19 that assist teen parents to continue and complete their
42734307 20 education.
42744308 21 Emphasis shall be given to support services that will help
42754309 22 to ensure such parents' graduation from high school and to
42764310 23 services for participants in any programs of job training
42774311 24 conducted by the Department.
42784312 25 (e) The Department of Human Services shall actively
42794313 26 stimulate the development of public and private resources at
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42904324 1 the local level. It shall also seek the fullest utilization of
42914325 2 federal funds directly or indirectly available to the
42924326 3 Department.
42934327 4 Where appropriate, existing non-governmental agencies or
42944328 5 associations shall be involved in planning by the Department.
42954329 6 (f) To better accommodate the child care needs of low
42964330 7 income working families, especially those who receive
42974331 8 Temporary Assistance for Needy Families (TANF) or who are
42984332 9 transitioning from TANF to work, or who are at risk of
42994333 10 depending on TANF in the absence of child care, the Department
43004334 11 shall complete a study using outcome-based assessment
43014335 12 measurements to analyze the various types of child care needs,
43024336 13 including but not limited to: child care homes; child care
43034337 14 facilities; before and after school care; and evening and
43044338 15 weekend care. Based upon the findings of the study, the
43054339 16 Department shall develop a plan by April 15, 1998, that
43064340 17 identifies the various types of child care needs within
43074341 18 various geographic locations. The plan shall include, but not
43084342 19 be limited to, the special needs of parents and guardians in
43094343 20 need of non-traditional child care services such as early
43104344 21 mornings, evenings, and weekends; the needs of very low income
43114345 22 families and children and how they might be better served; and
43124346 23 strategies to assist child care providers to meet the needs
43134347 24 and schedules of low income families.
43144348 25 (g) This Section is repealed on July 1, 2026.
43154349 26 (Source: P.A. 100-1148, eff. 12-10-18.)
43164350
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43184352
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43264360 1 (20 ILCS 505/5.20)
43274361 2 Sec. 5.20. Child care for former public aid recipients;
43284362 3 Department of Human Services. The Department of Human Services
43294363 4 may provide child care services to former recipients of
43304364 5 assistance under the Illinois Public Aid Code as authorized by
43314365 6 Section 9-6.3 of that Code. This Section is repealed on July 1,
43324366 7 2026.
43334367 8 (Source: P.A. 89-507, eff. 7-1-97.)
43344368 9 (20 ILCS 505/22.1) (from Ch. 23, par. 5022.1)
43354369 10 Sec. 22.1. Grants-in-aid for child care services;
43364370 11 Department of Human Services.
43374371 12 (a) Blank.
43384372 13 (b) Blank.
43394373 14 (c) The Department of Human Services shall establish and
43404374 15 operate day care facilities for the children of migrant
43414375 16 workers in areas of the State where they are needed. The
43424376 17 Department may provide these day care services by contracting
43434377 18 with private centers if practicable. "Migrant worker" means
43444378 19 any person who moves seasonally from one place to another,
43454379 20 within or without the State, for the purpose of employment in
43464380 21 agricultural activities. This Section is repealed on July 1,
43474381 22 2026.
43484382 23 (Source: P.A. 97-516, eff. 8-23-11.)
43494383
43504384
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43594393 1 (20 ILCS 505/34.9) (from Ch. 23, par. 5034.9)
43604394 2 Sec. 34.9. The Department may, in conjunction with
43614395 3 colleges or universities in this State, establish programs to
43624396 4 train low-income older persons to be child care workers. The
43634397 5 Department shall prescribe, by rule:
43644398 6 (a) age and income qualifications for persons to be
43654399 7 trained under such programs; and
43664400 8 (b) standards for such programs to ensure that such
43674401 9 programs train participants to be skilled workers for the
43684402 10 child care industry.
43694403 11 This Section is repealed on July 1, 2026.
43704404 12 (Source: P.A. 86-889.)
43714405 13 (20 ILCS 505/34.10) (from Ch. 23, par. 5034.10)
43724406 14 Sec. 34.10. Home child care demonstration project;
43734407 15 conversion and renovation grants; Department of Human
43744408 16 Services.
43754409 17 (a) The legislature finds that the demand for quality
43764410 18 child care far outweighs the number of safe, quality spaces
43774411 19 for our children. The purpose of this Section is to increase
43784412 20 the number of child care providers by:
43794413 21 (1) developing a demonstration project to train
43804414 22 individuals to become home child care providers who are
43814415 23 able to establish and operate their own child care
43824416 24 facility; and
43834417 25 (2) providing grants to convert and renovate existing
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43944428 1 facilities.
43954429 2 (b) The Department of Human Services may from
43964430 3 appropriations from the Child Care Development Block Grant
43974431 4 establish a demonstration project to train individuals to
43984432 5 become home child care providers who are able to establish and
43994433 6 operate their own home-based child care facilities. The
44004434 7 Department of Human Services is authorized to use funds for
44014435 8 this purpose from the child care and development funds
44024436 9 deposited into the DHS Special Purposes Trust Fund as
44034437 10 described in Section 12-10 of the Illinois Public Aid Code or
44044438 11 deposited into the Employment and Training Fund as described
44054439 12 in Section 12-10.3 of the Illinois Public Aid Code. As an
44064440 13 economic development program, the project's focus is to foster
44074441 14 individual self-sufficiency through an entrepreneurial
44084442 15 approach by the creation of new jobs and opening of new small
44094443 16 home-based child care businesses. The demonstration project
44104444 17 shall involve coordination among State and county governments
44114445 18 and the private sector, including but not limited to: the
44124446 19 community college system, the Departments of Labor and
44134447 20 Commerce and Economic Opportunity, the State Board of
44144448 21 Education, large and small private businesses, nonprofit
44154449 22 programs, unions, and child care providers in the State.
44164450 23 The Department shall submit:
44174451 24 (1) a progress report on the demonstration project to
44184452 25 the legislature by one year after January 1, 1992 (the
44194453 26 effective date of Public Act 87-332); and
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44304464 1 (2) a final evaluation report on the demonstration
44314465 2 project, including findings and recommendations, to the
44324466 3 legislature by one year after the due date of the progress
44334467 4 report.
44344468 5 (c) The Department of Human Services may from
44354469 6 appropriations from the Child Care Development Block Grant
44364470 7 provide grants to family child care providers and center based
44374471 8 programs to convert and renovate existing facilities, to the
44384472 9 extent permitted by federal law, so additional family child
44394473 10 care homes and child care centers can be located in such
44404474 11 facilities.
44414475 12 (1) Applications for grants shall be made to the
44424476 13 Department and shall contain information as the Department
44434477 14 shall require by rule. Every applicant shall provide
44444478 15 assurance to the Department that:
44454479 16 (A) the facility to be renovated or improved shall
44464480 17 be used as family child care home or child care center
44474481 18 for a continuous period of at least 5 years;
44484482 19 (B) any family child care home or child care
44494483 20 center program located in a renovated or improved
44504484 21 facility shall be licensed by the Department;
44514485 22 (C) the program shall comply with applicable
44524486 23 federal and State laws prohibiting discrimination
44534487 24 against any person on the basis of race, color,
44544488 25 national origin, religion, creed, or sex;
44554489 26 (D) the grant shall not be used for purposes of
44564490
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44664500 1 entertainment or perquisites;
44674501 2 (E) the applicant shall comply with any other
44684502 3 requirement the Department may prescribe to ensure
44694503 4 adherence to applicable federal, State, and county
44704504 5 laws;
44714505 6 (F) all renovations and improvements undertaken
44724506 7 with funds received under this Section shall comply
44734507 8 with all applicable State and county statutes and
44744508 9 ordinances including applicable building codes and
44754509 10 structural requirements of the Department; and
44764510 11 (G) the applicant shall indemnify and save
44774511 12 harmless the State and its officers, agents, and
44784512 13 employees from and against any and all claims arising
44794513 14 out of or resulting from the renovation and
44804514 15 improvements made with funds provided by this Section,
44814515 16 and, upon request of the Department, the applicant
44824516 17 shall procure sufficient insurance to provide that
44834517 18 indemnification.
44844518 19 (2) To receive a grant under this Section to convert
44854519 20 an existing facility into a family child care home or
44864520 21 child care center facility, the applicant shall:
44874521 22 (A) agree to make available to the Department of
44884522 23 Human Services all records it may have relating to the
44894523 24 operation of any family child care home and child care
44904524 25 center facility, and to allow State agencies to
44914525 26 monitor its compliance with the purpose of this
44924526
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45024536 1 Section;
45034537 2 (B) agree that, if the facility is to be altered or
45044538 3 improved, or is to be used by other groups, moneys
45054539 4 appropriated by this Section shall be used for
45064540 5 renovating or improving the facility only to the
45074541 6 proportionate extent that the floor space will be used
45084542 7 by the child care program; and
45094543 8 (C) establish, to the satisfaction of the
45104544 9 Department that sufficient funds are available for the
45114545 10 effective use of the facility for the purpose for
45124546 11 which it is being renovated or improved.
45134547 12 (3) In selecting applicants for funding, the
45144548 13 Department shall make every effort to ensure that family
45154549 14 child care home or child care center facilities are
45164550 15 equitably distributed throughout the State according to
45174551 16 demographic need. The Department shall give priority
45184552 17 consideration to rural/Downstate areas of the State that
45194553 18 are currently experiencing a shortage of child care
45204554 19 services.
45214555 20 (4) In considering applications for grants to renovate
45224556 21 or improve an existing facility used for the operations of
45234557 22 a family child care home or child care center, the
45244558 23 Department shall give preference to applications to
45254559 24 renovate facilities most in need of repair to address
45264560 25 safety and habitability concerns. No grant shall be
45274561 26 disbursed unless an agreement is entered into between the
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45384572 1 applicant and the State, by and through the Department.
45394573 2 The agreement shall include the assurances and conditions
45404574 3 required by this Section and any other terms which the
45414575 4 Department may require.
45424576 5 (d) This Section is repealed on July 1, 2026.
45434577 6 (Source: P.A. 103-363, eff. 7-28-23.)
45444578 7 Section 90-15. The Department of Human Services Act is
45454579 8 amended by changing Sections 1-75, 10-16, and 10-22 as
45464580 9 follows:
45474581 10 (20 ILCS 1305/1-75)
45484582 11 Sec. 1-75. Off-Hours Child Care Program.
45494583 12 (a) Legislative intent. The General Assembly finds that:
45504584 13 (1) Finding child care can be a challenge for
45514585 14 firefighters, paramedics, police officers, nurses, and
45524586 15 other third shift workers across the State who often work
45534587 16 non-typical work hours. This can impact home life, school,
45544588 17 bedtime routines, job safety, and the mental health of
45554589 18 some of our most critical front line workers and their
45564590 19 families.
45574591 20 (2) There is a need for increased options for
45584592 21 off-hours child care in the State. A majority of the
45594593 22 State's child care facilities do not provide care outside
45604594 23 of normal work hours, with just 3,251 day care homes and
45614595 24 435 group day care homes that provide night care.
45624596
45634597
45644598
45654599
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4568-
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45724606 1 (3) Illinois has a vested interest in ensuring that
45734607 2 our first responders and working families can provide
45744608 3 their children with appropriate care during off hours to
45754609 4 improve the morale of existing first responders and to
45764610 5 improve recruitment into the future.
45774611 6 (b) As used in this Section, "first responders" means
45784612 7 emergency medical services personnel as defined in the
45794613 8 Emergency Medical Services (EMS) Systems Act, firefighters,
45804614 9 law enforcement officers, and, as determined by the
45814615 10 Department, any other workers who, on account of their work
45824616 11 schedule, need child care outside of the hours when licensed
45834617 12 child care facilities typically operate.
45844618 13 (c) Subject to appropriation, the Department of Human
45854619 14 Services shall establish and administer an Off-Hours Child
45864620 15 Care Program to help first responders and other workers
45874621 16 identify and access off-hours, night, or sleep time child
45884622 17 care. Services funded under the program must address the child
45894623 18 care needs of first responders. Funding provided under the
45904624 19 program may also be used to cover any capital and operating
45914625 20 expenses related to the provision of off-hours, night, or
45924626 21 sleep time child care for first responders. Funding awarded
45934627 22 under this Section shall be funded through appropriations from
45944628 23 the Off-Hours Child Care Program Fund created under subsection
45954629 24 (d). The Department shall implement the program by July 1,
45964630 25 2023. The Department may adopt any rules necessary to
45974631 26 implement the program.
45984632
45994633
46004634
46014635
46024636
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4604-
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4607- HB5451 Engrossed - 131 - LRB103 39421 KTG 69604 b
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4638+
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4641+ HB5451 - 131 - LRB103 39421 KTG 69604 b
46084642 1 (d) The Off-Hours Child Care Program Fund is created as a
46094643 2 special fund in the State treasury. The Fund shall consist of
46104644 3 any moneys appropriated to the Department of Human Services
46114645 4 for the Off-Hours Child Care Program. Moneys in the Fund shall
46124646 5 be expended for the Off-Hours Child Care Program and for no
46134647 6 other purpose. All interest earned on moneys in the Fund shall
46144648 7 be deposited into the Fund.
46154649 8 (e) This Section is repealed on July 1, 2026.
46164650 9 (Source: P.A. 102-912, eff. 5-27-22; 103-154, eff. 6-30-23.)
46174651 10 (20 ILCS 1305/10-16)
46184652 11 Sec. 10-16. Home visiting program.
46194653 12 (a) The General Assembly finds that research-informed home
46204654 13 visiting programs work to strengthen families' functioning and
46214655 14 support parents in caring for their children to ensure optimal
46224656 15 child development.
46234657 16 (b) The Department shall establish a home visiting program
46244658 17 to support communities in providing intensive home visiting
46254659 18 programs to pregnant persons and families with children from
46264660 19 birth up to elementary school enrollment. Services shall be
46274661 20 offered on a voluntary basis to families. In awarding grants
46284662 21 under the program, the Department shall prioritize populations
46294663 22 or communities in need of such services, as determined by the
46304664 23 Department, based on data including, but not limited to,
46314665 24 statewide home visiting needs assessments. Eligibility under
46324666 25 the program shall also take into consideration requirements of
46334667
46344668
46354669
46364670
46374671
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46434677 1 the federal Maternal, Infant, and Early Childhood Home
46444678 2 Visiting Program and Head Start and Early Head Start to ensure
46454679 3 appropriate alignment. The overall goals for these services
46464680 4 are to:
46474681 5 (1) improve maternal and newborn health;
46484682 6 (2) prevent child abuse and neglect;
46494683 7 (3) promote children's development and readiness to
46504684 8 participate in school; and
46514685 9 (4) connect families to needed community resources and
46524686 10 supports.
46534687 11 (b) Allowable uses of funding include:
46544688 12 (1) Grants to community-based organizations to
46554689 13 implement home visiting and family support services with
46564690 14 fidelity to research-informed home visiting program
46574691 15 models, as defined by the Department. Services may
46584692 16 include, but are not limited to:
46594693 17 (A) personal visits with a child and the child's
46604694 18 parent or caregiver at a periodicity aligned with the
46614695 19 model being implemented;
46624696 20 (B) opportunities for connections with other
46634697 21 parents and caregivers in their community and other
46644698 22 social and community supports;
46654699 23 (C) enhancements to research-informed home
46664700 24 visiting program models based on community needs
46674701 25 including doula services, and other program
46684702 26 innovations as approved by the Department; and
46694703
46704704
46714705
46724706
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4675-
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46794713 1 (D) referrals to other resources needed by
46804714 2 families.
46814715 3 (2) Infrastructure supports for grantees, including,
46824716 4 but not limited to, professional development for the
46834717 5 workforce, technical assistance and capacity-building,
46844718 6 data system and supports, infant and early childhood
46854719 7 mental health consultation, trauma-informed practices,
46864720 8 research, universal newborn screening, and coordinated
46874721 9 intake.
46884722 10 (c) Subject to appropriation, the Department shall award
46894723 11 grants to community-based agencies in accordance with this
46904724 12 Section and any other rules that may be adopted by the
46914725 13 Department. Successful grantees under this program shall
46924726 14 comply with policies and procedures on program, data, and
46934727 15 expense reporting as developed by the Department.
46944728 16 (d) Funds received under this Section shall supplement,
46954729 17 not supplant, other existing or new federal, State, or local
46964730 18 sources of funding for these services. Any new federal funding
46974731 19 received shall supplement and not supplant funding for this
46984732 20 program.
46994733 21 (e) The Department shall collaborate with relevant
47004734 22 agencies to support the coordination and alignment of home
47014735 23 visiting services provided through other State and federal
47024736 24 funds, to the extent possible. The Department shall
47034737 25 collaborate with the State Board of Education, the Department
47044738 26 of Healthcare and Family Services, and Head Start and Early
47054739
47064740
47074741
47084742
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4745+
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47154749 1 Head Start in the implementation of these services to support
47164750 2 alignment with home visiting services provided through the
47174751 3 Early Childhood Block Grant and the State's Medical Assistance
47184752 4 Program, respectively, to the extent possible.
47194753 5 (f) An advisory committee shall advise the Department
47204754 6 concerning the implementation of the home visiting program.
47214755 7 The advisory committee shall make recommendations on policy
47224756 8 and implementation. The Department shall determine whether the
47234757 9 advisory committee shall be a newly created body or an
47244758 10 existing body such as a committee of the Illinois Early
47254759 11 Learning Council. The advisory committee shall consist of one
47264760 12 or more representatives of the Department, other members
47274761 13 representing public and private entities that serve and
47284762 14 interact with the families served under the home visiting
47294763 15 program, with the input of families engaged in home visiting
47304764 16 or related services themselves. Family input may be secured by
47314765 17 engaging families as members of this advisory committee or as
47324766 18 a separate committee of family representatives.
47334767 19 (g) The Department may adopt any rules necessary to
47344768 20 implement this Section.
47354769 21 (i) This Section is repealed on July 1, 2026.
47364770 22 (Source: P.A. 103-498, eff. 1-1-24.)
47374771 23 (20 ILCS 1305/10-22)
47384772 24 Sec. 10-22. Great START program.
47394773 25 (a) The Department of Human Services shall, subject to a
47404774
47414775
47424776
47434777
47444778
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4746-
4747-
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4779+ HB5451 - 134 - LRB103 39421 KTG 69604 b
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4783+ HB5451 - 135 - LRB103 39421 KTG 69604 b
47504784 1 specific appropriation for this purpose, operate a Great START
47514785 2 (Strategy To Attract and Retain Teachers) program. The goal of
47524786 3 the program is to improve children's developmental and
47534787 4 educational outcomes in child care by encouraging increased
47544788 5 professional preparation by staff and staff retention. The
47554789 6 Great START program shall coordinate with the TEACH
47564790 7 professional development program.
47574791 8 The program shall provide wage supplements and may include
47584792 9 other incentives to licensed child care center personnel,
47594793 10 including early childhood teachers, school-age workers, early
47604794 11 childhood assistants, school-age assistants, and directors, as
47614795 12 such positions are defined by administrative rule of the
47624796 13 Department of Children and Family Services. The program shall
47634797 14 provide wage supplements and may include other incentives to
47644798 15 licensed family day care home personnel and licensed group day
47654799 16 care home personnel, including caregivers and assistants as
47664800 17 such positions are defined by administrative rule of the
47674801 18 Department of Children and Family Services. Individuals will
47684802 19 receive supplements commensurate with their qualifications.
47694803 20 (b) (Blank).
47704804 21 (c) The Department shall, by rule, define the scope and
47714805 22 operation of the program, including a wage supplement scale.
47724806 23 The scale shall pay increasing amounts for higher levels of
47734807 24 educational attainment beyond minimum qualifications and shall
47744808 25 recognize longevity of employment. Subject to the availability
47754809 26 of sufficient appropriation, the wage supplements shall be
47764810
47774811
47784812
47794813
47804814
4781- HB5451 Engrossed - 135 - LRB103 39421 KTG 69604 b
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4819+ HB5451 - 136 - LRB103 39421 KTG 69604 b
47864820 1 paid to child care personnel in the form of bonuses at 6 month
47874821 2 intervals. Six months of continuous service with a single
47884822 3 employer is required to be eligible to receive a wage
47894823 4 supplement bonus. Wage supplements shall be paid directly to
47904824 5 individual day care personnel, not to their employers.
47914825 6 Eligible individuals must provide to the Department or its
47924826 7 agent all information and documentation, including but not
47934827 8 limited to college transcripts, to demonstrate their
47944828 9 qualifications for a particular wage supplement level.
47954829 10 If appropriations permit, the Department may include
47964830 11 one-time signing bonuses or other incentives to help providers
47974831 12 attract staff, provided that the signing bonuses are less than
47984832 13 the supplement staff would have received if they had remained
47994833 14 employed with another day care center or family day care home.
48004834 15 If appropriations permit, the Department may include
48014835 16 one-time longevity bonuses or other incentives to recognize
48024836 17 staff who have remained with a single employer.
48034837 18 (d) (Blank).
48044838 19 (e) This Section is repealed on July 1, 2026.
48054839 20 (Source: P.A. 93-711, eff. 7-12-04.)
48064840 21 Section 90-20. The Illinois Early Learning Council Act is
48074841 22 amended by changing Section 10 as follows:
48084842 23 (20 ILCS 3933/10)
48094843 24 Sec. 10. Membership. The Illinois Early Learning Council
48104844
48114845
48124846
48134847
48144848
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4816-
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4819- HB5451 Engrossed - 137 - LRB103 39421 KTG 69604 b
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4850+
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48204854 1 shall include representation from both public and private
48214855 2 organizations, and its membership shall reflect regional,
48224856 3 racial, and cultural diversity to ensure representation of the
48234857 4 needs of all Illinois children. One member shall be appointed
48244858 5 by the President of the Senate, one member appointed by the
48254859 6 Minority Leader of the Senate, one member appointed by the
48264860 7 Speaker of the House of Representatives, one member appointed
48274861 8 by the Minority Leader of the House of Representatives, and
48284862 9 other members appointed by the Governor. The Governor's
48294863 10 appointments shall include without limitation the following:
48304864 11 (1) A leader of stature from the Governor's office, to
48314865 12 serve as co-chairperson of the Council.
48324866 13 (2) The chief administrators of the following State
48334867 14 agencies: Department of Early Childhood, State Board of
48344868 15 Education; Department of Human Services; Department of
48354869 16 Children and Family Services; Department of Public Health;
48364870 17 Department of Healthcare and Family Services; Board of
48374871 18 Higher Education; and Illinois Community College Board.
48384872 19 (3) Local government stakeholders and nongovernment
48394873 20 stakeholders with an interest in early childhood care and
48404874 21 education, including representation from the following
48414875 22 private-sector fields and constituencies: early childhood
48424876 23 education and development; child care; child advocacy;
48434877 24 parenting support; local community collaborations among
48444878 25 early care and education programs and services; maternal
48454879 26 and child health; children with special needs; business;
48464880
48474881
48484882
48494883
48504884
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48564890 1 labor; and law enforcement. The Governor shall designate
48574891 2 one of the members who is a nongovernment stakeholder to
48584892 3 serve as co-chairperson.
48594893 4 In addition, the Governor shall request that the Region V
48604894 5 office of the U.S. Department of Health and Human Services'
48614895 6 Administration for Children and Families appoint a member to
48624896 7 the Council to represent federal children's programs and
48634897 8 services.
48644898 9 Members appointed by General Assembly members and members
48654899 10 appointed by the Governor who are local government or
48664900 11 nongovernment stakeholders shall serve 3-year terms, except
48674901 12 that of the initial appointments, half of these members, as
48684902 13 determined by lot, shall be appointed to 2-year terms so that
48694903 14 terms are staggered. Members shall serve on a voluntary,
48704904 15 unpaid basis.
48714905 16 (Source: P.A. 95-331, eff. 8-21-07.)
48724906 17 Section 90-25. The Illinois Procurement Code is amended by
48734907 18 changing Section 1-10 as follows:
48744908 19 (30 ILCS 500/1-10)
48754909 20 Sec. 1-10. Application.
48764910 21 (a) This Code applies only to procurements for which
48774911 22 bidders, offerors, potential contractors, or contractors were
48784912 23 first solicited on or after July 1, 1998. This Code shall not
48794913 24 be construed to affect or impair any contract, or any
48804914
48814915
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48904924 1 provision of a contract, entered into based on a solicitation
48914925 2 prior to the implementation date of this Code as described in
48924926 3 Article 99, including, but not limited to, any covenant
48934927 4 entered into with respect to any revenue bonds or similar
48944928 5 instruments. All procurements for which contracts are
48954929 6 solicited between the effective date of Articles 50 and 99 and
48964930 7 July 1, 1998 shall be substantially in accordance with this
48974931 8 Code and its intent.
48984932 9 (b) This Code shall apply regardless of the source of the
48994933 10 funds with which the contracts are paid, including federal
49004934 11 assistance moneys. This Code shall not apply to:
49014935 12 (1) Contracts between the State and its political
49024936 13 subdivisions or other governments, or between State
49034937 14 governmental bodies, except as specifically provided in
49044938 15 this Code.
49054939 16 (2) Grants, except for the filing requirements of
49064940 17 Section 20-80.
49074941 18 (3) Purchase of care, except as provided in Section
49084942 19 5-30.6 of the Illinois Public Aid Code and this Section.
49094943 20 (4) Hiring of an individual as an employee and not as
49104944 21 an independent contractor, whether pursuant to an
49114945 22 employment code or policy or by contract directly with
49124946 23 that individual.
49134947 24 (5) Collective bargaining contracts.
49144948 25 (6) Purchase of real estate, except that notice of
49154949 26 this type of contract with a value of more than $25,000
49164950
49174951
49184952
49194953
49204954
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4922-
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49264960 1 must be published in the Procurement Bulletin within 10
49274961 2 calendar days after the deed is recorded in the county of
49284962 3 jurisdiction. The notice shall identify the real estate
49294963 4 purchased, the names of all parties to the contract, the
49304964 5 value of the contract, and the effective date of the
49314965 6 contract.
49324966 7 (7) Contracts necessary to prepare for anticipated
49334967 8 litigation, enforcement actions, or investigations,
49344968 9 provided that the chief legal counsel to the Governor
49354969 10 shall give his or her prior approval when the procuring
49364970 11 agency is one subject to the jurisdiction of the Governor,
49374971 12 and provided that the chief legal counsel of any other
49384972 13 procuring entity subject to this Code shall give his or
49394973 14 her prior approval when the procuring entity is not one
49404974 15 subject to the jurisdiction of the Governor.
49414975 16 (8) (Blank).
49424976 17 (9) Procurement expenditures by the Illinois
49434977 18 Conservation Foundation when only private funds are used.
49444978 19 (10) (Blank).
49454979 20 (11) Public-private agreements entered into according
49464980 21 to the procurement requirements of Section 20 of the
49474981 22 Public-Private Partnerships for Transportation Act and
49484982 23 design-build agreements entered into according to the
49494983 24 procurement requirements of Section 25 of the
49504984 25 Public-Private Partnerships for Transportation Act.
49514985 26 (12) (A) Contracts for legal, financial, and other
49524986
49534987
49544988
49554989
49564990
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4958-
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49624996 1 professional and artistic services entered into by the
49634997 2 Illinois Finance Authority in which the State of Illinois
49644998 3 is not obligated. Such contracts shall be awarded through
49654999 4 a competitive process authorized by the members of the
49665000 5 Illinois Finance Authority and are subject to Sections
49675001 6 5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,
49685002 7 as well as the final approval by the members of the
49695003 8 Illinois Finance Authority of the terms of the contract.
49705004 9 (B) Contracts for legal and financial services entered
49715005 10 into by the Illinois Housing Development Authority in
49725006 11 connection with the issuance of bonds in which the State
49735007 12 of Illinois is not obligated. Such contracts shall be
49745008 13 awarded through a competitive process authorized by the
49755009 14 members of the Illinois Housing Development Authority and
49765010 15 are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,
49775011 16 and 50-37 of this Code, as well as the final approval by
49785012 17 the members of the Illinois Housing Development Authority
49795013 18 of the terms of the contract.
49805014 19 (13) Contracts for services, commodities, and
49815015 20 equipment to support the delivery of timely forensic
49825016 21 science services in consultation with and subject to the
49835017 22 approval of the Chief Procurement Officer as provided in
49845018 23 subsection (d) of Section 5-4-3a of the Unified Code of
49855019 24 Corrections, except for the requirements of Sections
49865020 25 20-60, 20-65, 20-70, and 20-160 and Article 50 of this
49875021 26 Code; however, the Chief Procurement Officer may, in
49885022
49895023
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49985032 1 writing with justification, waive any certification
49995033 2 required under Article 50 of this Code. For any contracts
50005034 3 for services which are currently provided by members of a
50015035 4 collective bargaining agreement, the applicable terms of
50025036 5 the collective bargaining agreement concerning
50035037 6 subcontracting shall be followed.
50045038 7 On and after January 1, 2019, this paragraph (13),
50055039 8 except for this sentence, is inoperative.
50065040 9 (14) Contracts for participation expenditures required
50075041 10 by a domestic or international trade show or exhibition of
50085042 11 an exhibitor, member, or sponsor.
50095043 12 (15) Contracts with a railroad or utility that
50105044 13 requires the State to reimburse the railroad or utilities
50115045 14 for the relocation of utilities for construction or other
50125046 15 public purpose. Contracts included within this paragraph
50135047 16 (15) shall include, but not be limited to, those
50145048 17 associated with: relocations, crossings, installations,
50155049 18 and maintenance. For the purposes of this paragraph (15),
50165050 19 "railroad" means any form of non-highway ground
50175051 20 transportation that runs on rails or electromagnetic
50185052 21 guideways and "utility" means: (1) public utilities as
50195053 22 defined in Section 3-105 of the Public Utilities Act, (2)
50205054 23 telecommunications carriers as defined in Section 13-202
50215055 24 of the Public Utilities Act, (3) electric cooperatives as
50225056 25 defined in Section 3.4 of the Electric Supplier Act, (4)
50235057 26 telephone or telecommunications cooperatives as defined in
50245058
50255059
50265060
50275061
50285062
5029- HB5451 Engrossed - 142 - LRB103 39421 KTG 69604 b
5030-
5031-
5032-HB5451 Engrossed- 143 -LRB103 39421 KTG 69604 b HB5451 Engrossed - 143 - LRB103 39421 KTG 69604 b
5033- HB5451 Engrossed - 143 - LRB103 39421 KTG 69604 b
5063+ HB5451 - 142 - LRB103 39421 KTG 69604 b
5064+
5065+
5066+HB5451- 143 -LRB103 39421 KTG 69604 b HB5451 - 143 - LRB103 39421 KTG 69604 b
5067+ HB5451 - 143 - LRB103 39421 KTG 69604 b
50345068 1 Section 13-212 of the Public Utilities Act, (5) rural
50355069 2 water or waste water systems with 10,000 connections or
50365070 3 less, (6) a holder as defined in Section 21-201 of the
50375071 4 Public Utilities Act, and (7) municipalities owning or
50385072 5 operating utility systems consisting of public utilities
50395073 6 as that term is defined in Section 11-117-2 of the
50405074 7 Illinois Municipal Code.
50415075 8 (16) Procurement expenditures necessary for the
50425076 9 Department of Public Health to provide the delivery of
50435077 10 timely newborn screening services in accordance with the
50445078 11 Newborn Metabolic Screening Act.
50455079 12 (17) Procurement expenditures necessary for the
50465080 13 Department of Agriculture, the Department of Financial and
50475081 14 Professional Regulation, the Department of Human Services,
50485082 15 and the Department of Public Health to implement the
50495083 16 Compassionate Use of Medical Cannabis Program and Opioid
50505084 17 Alternative Pilot Program requirements and ensure access
50515085 18 to medical cannabis for patients with debilitating medical
50525086 19 conditions in accordance with the Compassionate Use of
50535087 20 Medical Cannabis Program Act.
50545088 21 (18) This Code does not apply to any procurements
50555089 22 necessary for the Department of Agriculture, the
50565090 23 Department of Financial and Professional Regulation, the
50575091 24 Department of Human Services, the Department of Commerce
50585092 25 and Economic Opportunity, and the Department of Public
50595093 26 Health to implement the Cannabis Regulation and Tax Act if
50605094
50615095
50625096
50635097
50645098
5065- HB5451 Engrossed - 143 - LRB103 39421 KTG 69604 b
5066-
5067-
5068-HB5451 Engrossed- 144 -LRB103 39421 KTG 69604 b HB5451 Engrossed - 144 - LRB103 39421 KTG 69604 b
5069- HB5451 Engrossed - 144 - LRB103 39421 KTG 69604 b
5099+ HB5451 - 143 - LRB103 39421 KTG 69604 b
5100+
5101+
5102+HB5451- 144 -LRB103 39421 KTG 69604 b HB5451 - 144 - LRB103 39421 KTG 69604 b
5103+ HB5451 - 144 - LRB103 39421 KTG 69604 b
50705104 1 the applicable agency has made a good faith determination
50715105 2 that it is necessary and appropriate for the expenditure
50725106 3 to fall within this exemption and if the process is
50735107 4 conducted in a manner substantially in accordance with the
50745108 5 requirements of Sections 20-160, 25-60, 30-22, 50-5,
50755109 6 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
50765110 7 50-36, 50-37, 50-38, and 50-50 of this Code; however, for
50775111 8 Section 50-35, compliance applies only to contracts or
50785112 9 subcontracts over $100,000. Notice of each contract
50795113 10 entered into under this paragraph (18) that is related to
50805114 11 the procurement of goods and services identified in
50815115 12 paragraph (1) through (9) of this subsection shall be
50825116 13 published in the Procurement Bulletin within 14 calendar
50835117 14 days after contract execution. The Chief Procurement
50845118 15 Officer shall prescribe the form and content of the
50855119 16 notice. Each agency shall provide the Chief Procurement
50865120 17 Officer, on a monthly basis, in the form and content
50875121 18 prescribed by the Chief Procurement Officer, a report of
50885122 19 contracts that are related to the procurement of goods and
50895123 20 services identified in this subsection. At a minimum, this
50905124 21 report shall include the name of the contractor, a
50915125 22 description of the supply or service provided, the total
50925126 23 amount of the contract, the term of the contract, and the
50935127 24 exception to this Code utilized. A copy of any or all of
50945128 25 these contracts shall be made available to the Chief
50955129 26 Procurement Officer immediately upon request. The Chief
50965130
50975131
50985132
50995133
51005134
5101- HB5451 Engrossed - 144 - LRB103 39421 KTG 69604 b
5102-
5103-
5104-HB5451 Engrossed- 145 -LRB103 39421 KTG 69604 b HB5451 Engrossed - 145 - LRB103 39421 KTG 69604 b
5105- HB5451 Engrossed - 145 - LRB103 39421 KTG 69604 b
5135+ HB5451 - 144 - LRB103 39421 KTG 69604 b
5136+
5137+
5138+HB5451- 145 -LRB103 39421 KTG 69604 b HB5451 - 145 - LRB103 39421 KTG 69604 b
5139+ HB5451 - 145 - LRB103 39421 KTG 69604 b
51065140 1 Procurement Officer shall submit a report to the Governor
51075141 2 and General Assembly no later than November 1 of each year
51085142 3 that includes, at a minimum, an annual summary of the
51095143 4 monthly information reported to the Chief Procurement
51105144 5 Officer. This exemption becomes inoperative 5 years after
51115145 6 June 25, 2019 (the effective date of Public Act 101-27).
51125146 7 (19) Acquisition of modifications or adjustments,
51135147 8 limited to assistive technology devices and assistive
51145148 9 technology services, adaptive equipment, repairs, and
51155149 10 replacement parts to provide reasonable accommodations (i)
51165150 11 that enable a qualified applicant with a disability to
51175151 12 complete the job application process and be considered for
51185152 13 the position such qualified applicant desires, (ii) that
51195153 14 modify or adjust the work environment to enable a
51205154 15 qualified current employee with a disability to perform
51215155 16 the essential functions of the position held by that
51225156 17 employee, (iii) to enable a qualified current employee
51235157 18 with a disability to enjoy equal benefits and privileges
51245158 19 of employment as are enjoyed by other similarly situated
51255159 20 employees without disabilities, and (iv) that allow a
51265160 21 customer, client, claimant, or member of the public
51275161 22 seeking State services full use and enjoyment of and
51285162 23 access to its programs, services, or benefits.
51295163 24 For purposes of this paragraph (19):
51305164 25 "Assistive technology devices" means any item, piece
51315165 26 of equipment, or product system, whether acquired
51325166
51335167
51345168
51355169
51365170
5137- HB5451 Engrossed - 145 - LRB103 39421 KTG 69604 b
5138-
5139-
5140-HB5451 Engrossed- 146 -LRB103 39421 KTG 69604 b HB5451 Engrossed - 146 - LRB103 39421 KTG 69604 b
5141- HB5451 Engrossed - 146 - LRB103 39421 KTG 69604 b
5171+ HB5451 - 145 - LRB103 39421 KTG 69604 b
5172+
5173+
5174+HB5451- 146 -LRB103 39421 KTG 69604 b HB5451 - 146 - LRB103 39421 KTG 69604 b
5175+ HB5451 - 146 - LRB103 39421 KTG 69604 b
51425176 1 commercially off the shelf, modified, or customized, that
51435177 2 is used to increase, maintain, or improve functional
51445178 3 capabilities of individuals with disabilities.
51455179 4 "Assistive technology services" means any service that
51465180 5 directly assists an individual with a disability in
51475181 6 selection, acquisition, or use of an assistive technology
51485182 7 device.
51495183 8 "Qualified" has the same meaning and use as provided
51505184 9 under the federal Americans with Disabilities Act when
51515185 10 describing an individual with a disability.
51525186 11 (20) Procurement expenditures necessary for the
51535187 12 Illinois Commerce Commission to hire third-party
51545188 13 facilitators pursuant to Sections 16-105.17 and 16-108.18
51555189 14 of the Public Utilities Act or an ombudsman pursuant to
51565190 15 Section 16-107.5 of the Public Utilities Act, a
51575191 16 facilitator pursuant to Section 16-105.17 of the Public
51585192 17 Utilities Act, or a grid auditor pursuant to Section
51595193 18 16-105.10 of the Public Utilities Act.
51605194 19 (21) Procurement expenditures for the purchase,
51615195 20 renewal, and expansion of software, software licenses, or
51625196 21 software maintenance agreements that support the efforts
51635197 22 of the Illinois State Police to enforce, regulate, and
51645198 23 administer the Firearm Owners Identification Card Act, the
51655199 24 Firearm Concealed Carry Act, the Firearms Restraining
51665200 25 Order Act, the Firearm Dealer License Certification Act,
51675201 26 the Law Enforcement Agencies Data System (LEADS), the
51685202
51695203
51705204
51715205
51725206
5173- HB5451 Engrossed - 146 - LRB103 39421 KTG 69604 b
5174-
5175-
5176-HB5451 Engrossed- 147 -LRB103 39421 KTG 69604 b HB5451 Engrossed - 147 - LRB103 39421 KTG 69604 b
5177- HB5451 Engrossed - 147 - LRB103 39421 KTG 69604 b
5207+ HB5451 - 146 - LRB103 39421 KTG 69604 b
5208+
5209+
5210+HB5451- 147 -LRB103 39421 KTG 69604 b HB5451 - 147 - LRB103 39421 KTG 69604 b
5211+ HB5451 - 147 - LRB103 39421 KTG 69604 b
51785212 1 Uniform Crime Reporting Act, the Criminal Identification
51795213 2 Act, the Illinois Uniform Conviction Information Act, and
51805214 3 the Gun Trafficking Information Act, or establish or
51815215 4 maintain record management systems necessary to conduct
51825216 5 human trafficking investigations or gun trafficking or
51835217 6 other stolen firearm investigations. This paragraph (21)
51845218 7 applies to contracts entered into on or after January 10,
51855219 8 2023 (the effective date of Public Act 102-1116) and the
51865220 9 renewal of contracts that are in effect on January 10,
51875221 10 2023 (the effective date of Public Act 102-1116).
51885222 11 (22) Contracts for project management services and
51895223 12 system integration services required for the completion of
51905224 13 the State's enterprise resource planning project. This
51915225 14 exemption becomes inoperative 5 years after June 7, 2023
51925226 15 (the effective date of the changes made to this Section by
51935227 16 Public Act 103-8). This paragraph (22) applies to
51945228 17 contracts entered into on or after June 7, 2023 (the
51955229 18 effective date of the changes made to this Section by
51965230 19 Public Act 103-8) and the renewal of contracts that are in
51975231 20 effect on June 7, 2023 (the effective date of the changes
51985232 21 made to this Section by Public Act 103-8).
51995233 22 (23) Procurements necessary for the Department of
52005234 23 Insurance to implement the Illinois Health Benefits
52015235 24 Exchange Law if the Department of Insurance has made a
52025236 25 good faith determination that it is necessary and
52035237 26 appropriate for the expenditure to fall within this
52045238
52055239
52065240
52075241
52085242
5209- HB5451 Engrossed - 147 - LRB103 39421 KTG 69604 b
5210-
5211-
5212-HB5451 Engrossed- 148 -LRB103 39421 KTG 69604 b HB5451 Engrossed - 148 - LRB103 39421 KTG 69604 b
5213- HB5451 Engrossed - 148 - LRB103 39421 KTG 69604 b
5243+ HB5451 - 147 - LRB103 39421 KTG 69604 b
5244+
5245+
5246+HB5451- 148 -LRB103 39421 KTG 69604 b HB5451 - 148 - LRB103 39421 KTG 69604 b
5247+ HB5451 - 148 - LRB103 39421 KTG 69604 b
52145248 1 exemption. The procurement process shall be conducted in a
52155249 2 manner substantially in accordance with the requirements
52165250 3 of Sections 20-160 and 25-60 and Article 50 of this Code. A
52175251 4 copy of these contracts shall be made available to the
52185252 5 Chief Procurement Officer immediately upon request. This
52195253 6 paragraph is inoperative 5 years after June 27, 2023 (the
52205254 7 effective date of Public Act 103-103).
52215255 8 (24) (22) Contracts for public education programming,
52225256 9 noncommercial sustaining announcements, public service
52235257 10 announcements, and public awareness and education
52245258 11 messaging with the nonprofit trade associations of the
52255259 12 providers of those services that inform the public on
52265260 13 immediate and ongoing health and safety risks and hazards.
52275261 14 (25) Contracts necessary for the creation of the
52285262 15 Department of Early Childhood and the implementation of
52295263 16 the Department's core mission are not subject to this
52305264 17 Code, provided that the process shall be conducted in a
52315265 18 manner substantially in accordance with the requirements
52325266 19 of the following sections of this Code: 20-160, 50-5,
52335267 20 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
52345268 21 50-36, 50-37, 50-38, and 50-50. This Section becomes
52355269 22 inoperative on July 1, 2027.
52365270 23 Notwithstanding any other provision of law, for contracts
52375271 24 with an annual value of more than $100,000 entered into on or
52385272 25 after October 1, 2017 under an exemption provided in any
52395273 26 paragraph of this subsection (b), except paragraph (1), (2),
52405274
52415275
52425276
52435277
52445278
5245- HB5451 Engrossed - 148 - LRB103 39421 KTG 69604 b
5246-
5247-
5248-HB5451 Engrossed- 149 -LRB103 39421 KTG 69604 b HB5451 Engrossed - 149 - LRB103 39421 KTG 69604 b
5249- HB5451 Engrossed - 149 - LRB103 39421 KTG 69604 b
5279+ HB5451 - 148 - LRB103 39421 KTG 69604 b
5280+
5281+
5282+HB5451- 149 -LRB103 39421 KTG 69604 b HB5451 - 149 - LRB103 39421 KTG 69604 b
5283+ HB5451 - 149 - LRB103 39421 KTG 69604 b
52505284 1 or (5), each State agency shall post to the appropriate
52515285 2 procurement bulletin the name of the contractor, a description
52525286 3 of the supply or service provided, the total amount of the
52535287 4 contract, the term of the contract, and the exception to the
52545288 5 Code utilized. The chief procurement officer shall submit a
52555289 6 report to the Governor and General Assembly no later than
52565290 7 November 1 of each year that shall include, at a minimum, an
52575291 8 annual summary of the monthly information reported to the
52585292 9 chief procurement officer.
52595293 10 (c) This Code does not apply to the electric power
52605294 11 procurement process provided for under Section 1-75 of the
52615295 12 Illinois Power Agency Act and Section 16-111.5 of the Public
52625296 13 Utilities Act. This Code does not apply to the procurement of
52635297 14 technical and policy experts pursuant to Section 1-129 of the
52645298 15 Illinois Power Agency Act.
52655299 16 (d) Except for Section 20-160 and Article 50 of this Code,
52665300 17 and as expressly required by Section 9.1 of the Illinois
52675301 18 Lottery Law, the provisions of this Code do not apply to the
52685302 19 procurement process provided for under Section 9.1 of the
52695303 20 Illinois Lottery Law.
52705304 21 (e) This Code does not apply to the process used by the
52715305 22 Capital Development Board to retain a person or entity to
52725306 23 assist the Capital Development Board with its duties related
52735307 24 to the determination of costs of a clean coal SNG brownfield
52745308 25 facility, as defined by Section 1-10 of the Illinois Power
52755309 26 Agency Act, as required in subsection (h-3) of Section 9-220
52765310
52775311
52785312
52795313
52805314
5281- HB5451 Engrossed - 149 - LRB103 39421 KTG 69604 b
5282-
5283-
5284-HB5451 Engrossed- 150 -LRB103 39421 KTG 69604 b HB5451 Engrossed - 150 - LRB103 39421 KTG 69604 b
5285- HB5451 Engrossed - 150 - LRB103 39421 KTG 69604 b
5315+ HB5451 - 149 - LRB103 39421 KTG 69604 b
5316+
5317+
5318+HB5451- 150 -LRB103 39421 KTG 69604 b HB5451 - 150 - LRB103 39421 KTG 69604 b
5319+ HB5451 - 150 - LRB103 39421 KTG 69604 b
52865320 1 of the Public Utilities Act, including calculating the range
52875321 2 of capital costs, the range of operating and maintenance
52885322 3 costs, or the sequestration costs or monitoring the
52895323 4 construction of clean coal SNG brownfield facility for the
52905324 5 full duration of construction.
52915325 6 (f) (Blank).
52925326 7 (g) (Blank).
52935327 8 (h) This Code does not apply to the process to procure or
52945328 9 contracts entered into in accordance with Sections 11-5.2 and
52955329 10 11-5.3 of the Illinois Public Aid Code.
52965330 11 (i) Each chief procurement officer may access records
52975331 12 necessary to review whether a contract, purchase, or other
52985332 13 expenditure is or is not subject to the provisions of this
52995333 14 Code, unless such records would be subject to attorney-client
53005334 15 privilege.
53015335 16 (j) This Code does not apply to the process used by the
53025336 17 Capital Development Board to retain an artist or work or works
53035337 18 of art as required in Section 14 of the Capital Development
53045338 19 Board Act.
53055339 20 (k) This Code does not apply to the process to procure
53065340 21 contracts, or contracts entered into, by the State Board of
53075341 22 Elections or the State Electoral Board for hearing officers
53085342 23 appointed pursuant to the Election Code.
53095343 24 (l) This Code does not apply to the processes used by the
53105344 25 Illinois Student Assistance Commission to procure supplies and
53115345 26 services paid for from the private funds of the Illinois
53125346
53135347
53145348
53155349
53165350
5317- HB5451 Engrossed - 150 - LRB103 39421 KTG 69604 b
5318-
5319-
5320-HB5451 Engrossed- 151 -LRB103 39421 KTG 69604 b HB5451 Engrossed - 151 - LRB103 39421 KTG 69604 b
5321- HB5451 Engrossed - 151 - LRB103 39421 KTG 69604 b
5351+ HB5451 - 150 - LRB103 39421 KTG 69604 b
5352+
5353+
5354+HB5451- 151 -LRB103 39421 KTG 69604 b HB5451 - 151 - LRB103 39421 KTG 69604 b
5355+ HB5451 - 151 - LRB103 39421 KTG 69604 b
53225356 1 Prepaid Tuition Fund. As used in this subsection (l), "private
53235357 2 funds" means funds derived from deposits paid into the
53245358 3 Illinois Prepaid Tuition Trust Fund and the earnings thereon.
53255359 4 (m) This Code shall apply regardless of the source of
53265360 5 funds with which contracts are paid, including federal
53275361 6 assistance moneys. Except as specifically provided in this
53285362 7 Code, this Code shall not apply to procurement expenditures
53295363 8 necessary for the Department of Public Health to conduct the
53305364 9 Healthy Illinois Survey in accordance with Section 2310-431 of
53315365 10 the Department of Public Health Powers and Duties Law of the
53325366 11 Civil Administrative Code of Illinois.
53335367 12 (Source: P.A. 102-175, eff. 7-29-21; 102-483, eff 1-1-22;
53345368 13 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, eff.
53355369 14 9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22;
53365370 15 102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-103, eff.
53375371 16 6-27-23; 103-570, eff. 1-1-24; 103-580, eff. 12-8-23; revised
53385372 17 1-2-24.)
53395373 18 Section 90-30. The School Code is amended by changing
53405374 19 Sections 1A-4, 1C-2, 1C-4, 1D-1, 2-3.47, 2-3.64a-10, 2-3.71,
53415375 20 2-3.71a, 2-3.79, 2-3.89, 10-22.6, 21B-50, 22-45, and 26-19 as
53425376 21 follows:
53435377 22 (105 ILCS 5/1A-4) (from Ch. 122, par. 1A-4)
53445378 23 Sec. 1A-4. Powers and duties of the Board.
53455379 24 A. (Blank).
53465380
53475381
53485382
53495383
53505384
5351- HB5451 Engrossed - 151 - LRB103 39421 KTG 69604 b
5352-
5353-
5354-HB5451 Engrossed- 152 -LRB103 39421 KTG 69604 b HB5451 Engrossed - 152 - LRB103 39421 KTG 69604 b
5355- HB5451 Engrossed - 152 - LRB103 39421 KTG 69604 b
5385+ HB5451 - 151 - LRB103 39421 KTG 69604 b
5386+
5387+
5388+HB5451- 152 -LRB103 39421 KTG 69604 b HB5451 - 152 - LRB103 39421 KTG 69604 b
5389+ HB5451 - 152 - LRB103 39421 KTG 69604 b
53565390 1 B. The Board shall determine the qualifications of and
53575391 2 appoint a chief education officer, to be known as the State
53585392 3 Superintendent of Education, who may be proposed by the
53595393 4 Governor and who shall serve at the pleasure of the Board and
53605394 5 pursuant to a performance-based contract linked to statewide
53615395 6 student performance and academic improvement within Illinois
53625396 7 schools. Upon expiration or buyout of the contract of the
53635397 8 State Superintendent of Education in office on the effective
53645398 9 date of this amendatory Act of the 93rd General Assembly, a
53655399 10 State Superintendent of Education shall be appointed by a
53665400 11 State Board of Education that includes the 7 new Board members
53675401 12 who were appointed to fill seats of members whose terms were
53685402 13 terminated on the effective date of this amendatory Act of the
53695403 14 93rd General Assembly. Thereafter, a State Superintendent of
53705404 15 Education must, at a minimum, be appointed at the beginning of
53715405 16 each term of a Governor after that Governor has made
53725406 17 appointments to the Board. A performance-based contract issued
53735407 18 for the employment of a State Superintendent of Education
53745408 19 entered into on or after the effective date of this amendatory
53755409 20 Act of the 93rd General Assembly must expire no later than
53765410 21 February 1, 2007, and subsequent contracts must expire no
53775411 22 later than February 1 each 4 years thereafter. No contract
53785412 23 shall be extended or renewed beyond February 1, 2007 and
53795413 24 February 1 each 4 years thereafter, but a State Superintendent
53805414 25 of Education shall serve until his or her successor is
53815415 26 appointed. Each contract entered into on or before January 8,
53825416
53835417
53845418
53855419
53865420
5387- HB5451 Engrossed - 152 - LRB103 39421 KTG 69604 b
5388-
5389-
5390-HB5451 Engrossed- 153 -LRB103 39421 KTG 69604 b HB5451 Engrossed - 153 - LRB103 39421 KTG 69604 b
5391- HB5451 Engrossed - 153 - LRB103 39421 KTG 69604 b
5421+ HB5451 - 152 - LRB103 39421 KTG 69604 b
5422+
5423+
5424+HB5451- 153 -LRB103 39421 KTG 69604 b HB5451 - 153 - LRB103 39421 KTG 69604 b
5425+ HB5451 - 153 - LRB103 39421 KTG 69604 b
53925426 1 2007 with a State Superintendent of Education must provide
53935427 2 that the State Board of Education may terminate the contract
53945428 3 for cause, and the State Board of Education shall not
53955429 4 thereafter be liable for further payments under the contract.
53965430 5 With regard to this amendatory Act of the 93rd General
53975431 6 Assembly, it is the intent of the General Assembly that,
53985432 7 beginning with the Governor who takes office on the second
53995433 8 Monday of January, 2007, a State Superintendent of Education
54005434 9 be appointed at the beginning of each term of a Governor after
54015435 10 that Governor has made appointments to the Board. The State
54025436 11 Superintendent of Education shall not serve as a member of the
54035437 12 State Board of Education. The Board shall set the compensation
54045438 13 of the State Superintendent of Education who shall serve as
54055439 14 the Board's chief executive officer. The Board shall also
54065440 15 establish the duties, powers and responsibilities of the State
54075441 16 Superintendent, which shall be included in the State
54085442 17 Superintendent's performance-based contract along with the
54095443 18 goals and indicators of student performance and academic
54105444 19 improvement used to measure the performance and effectiveness
54115445 20 of the State Superintendent. The State Board of Education may
54125446 21 delegate to the State Superintendent of Education the
54135447 22 authority to act on the Board's behalf, provided such
54145448 23 delegation is made pursuant to adopted board policy or the
54155449 24 powers delegated are ministerial in nature. The State Board
54165450 25 may not delegate authority under this Section to the State
54175451 26 Superintendent to (1) nonrecognize school districts, (2)
54185452
54195453
54205454
54215455
54225456
5423- HB5451 Engrossed - 153 - LRB103 39421 KTG 69604 b
5424-
5425-
5426-HB5451 Engrossed- 154 -LRB103 39421 KTG 69604 b HB5451 Engrossed - 154 - LRB103 39421 KTG 69604 b
5427- HB5451 Engrossed - 154 - LRB103 39421 KTG 69604 b
5457+ HB5451 - 153 - LRB103 39421 KTG 69604 b
5458+
5459+
5460+HB5451- 154 -LRB103 39421 KTG 69604 b HB5451 - 154 - LRB103 39421 KTG 69604 b
5461+ HB5451 - 154 - LRB103 39421 KTG 69604 b
54285462 1 withhold State payments as a penalty, or (3) make final
54295463 2 decisions under the contested case provisions of the Illinois
54305464 3 Administrative Procedure Act unless otherwise provided by law.
54315465 4 C. The powers and duties of the State Board of Education
54325466 5 shall encompass all duties delegated to the Office of
54335467 6 Superintendent of Public Instruction on January 12, 1975,
54345468 7 except as the law providing for such powers and duties is
54355469 8 thereafter amended, and such other powers and duties as the
54365470 9 General Assembly shall designate. The Board shall be
54375471 10 responsible for the educational policies and guidelines for
54385472 11 public schools, pre-school through grade 12 and Vocational
54395473 12 Education in the State of Illinois. Beginning July 1, 2024,
54405474 13 educational policies and guidelines pertaining to pre-school
54415475 14 shall be done in consultation with the Department of Early
54425476 15 Childhood. The Board shall analyze the present and future
54435477 16 aims, needs, and requirements of education in the State of
54445478 17 Illinois and recommend to the General Assembly the powers
54455479 18 which should be exercised by the Board. The Board shall
54465480 19 recommend the passage and the legislation necessary to
54475481 20 determine the appropriate relationship between the Board and
54485482 21 local boards of education and the various State agencies and
54495483 22 shall recommend desirable modifications in the laws which
54505484 23 affect schools.
54515485 24 D. Two members of the Board shall be appointed by the
54525486 25 chairperson to serve on a standing joint Education Committee,
54535487 26 2 others shall be appointed from the Board of Higher
54545488
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5460-
5461-
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5463- HB5451 Engrossed - 155 - LRB103 39421 KTG 69604 b
5493+ HB5451 - 154 - LRB103 39421 KTG 69604 b
5494+
5495+
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5497+ HB5451 - 155 - LRB103 39421 KTG 69604 b
54645498 1 Education, 2 others shall be appointed by the chairperson of
54655499 2 the Illinois Community College Board, and 2 others shall be
54665500 3 appointed by the chairperson of the Human Resource Investment
54675501 4 Council. The Committee shall be responsible for making
54685502 5 recommendations concerning the submission of any workforce
54695503 6 development plan or workforce training program required by
54705504 7 federal law or under any block grant authority. The Committee
54715505 8 will be responsible for developing policy on matters of mutual
54725506 9 concern to elementary, secondary and higher education such as
54735507 10 Occupational and Career Education, Teacher Preparation and
54745508 11 Licensure, Educational Finance, Articulation between
54755509 12 Elementary, Secondary and Higher Education and Research and
54765510 13 Planning. The joint Education Committee shall meet at least
54775511 14 quarterly and submit an annual report of its findings,
54785512 15 conclusions, and recommendations to the State Board of
54795513 16 Education, the Board of Higher Education, the Illinois
54805514 17 Community College Board, the Human Resource Investment
54815515 18 Council, the Governor, and the General Assembly. All meetings
54825516 19 of this Committee shall be official meetings for reimbursement
54835517 20 under this Act. On the effective date of this amendatory Act of
54845518 21 the 95th General Assembly, the Joint Education Committee is
54855519 22 abolished.
54865520 23 E. Five members of the Board shall constitute a quorum. A
54875521 24 majority vote of the members appointed, confirmed and serving
54885522 25 on the Board is required to approve any action, except that the
54895523 26 7 new Board members who were appointed to fill seats of members
54905524
54915525
54925526
54935527
54945528
5495- HB5451 Engrossed - 155 - LRB103 39421 KTG 69604 b
5496-
5497-
5498-HB5451 Engrossed- 156 -LRB103 39421 KTG 69604 b HB5451 Engrossed - 156 - LRB103 39421 KTG 69604 b
5499- HB5451 Engrossed - 156 - LRB103 39421 KTG 69604 b
5529+ HB5451 - 155 - LRB103 39421 KTG 69604 b
5530+
5531+
5532+HB5451- 156 -LRB103 39421 KTG 69604 b HB5451 - 156 - LRB103 39421 KTG 69604 b
5533+ HB5451 - 156 - LRB103 39421 KTG 69604 b
55005534 1 whose terms were terminated on the effective date of this
55015535 2 amendatory act of the 93rd General Assembly may vote to
55025536 3 approve actions when appointed and serving.
55035537 4 F. Upon appointment of the 7 new Board members who were
55045538 5 appointed to fill seats of members whose terms were terminated
55055539 6 on the effective date of this amendatory Act of the 93rd
55065540 7 General Assembly, the Board shall review all of its current
55075541 8 rules in an effort to streamline procedures, improve
55085542 9 efficiency, and eliminate unnecessary forms and paperwork.
55095543 10 (Source: P.A. 102-894, eff. 5-20-22.)
55105544 11 (105 ILCS 5/1C-2)
55115545 12 Sec. 1C-2. Block grants.
55125546 13 (a) For fiscal year 1999, and each fiscal year thereafter
55135547 14 through fiscal year 2026, the State Board of Education shall
55145548 15 award to school districts block grants as described in
55155549 16 subsection (c). The State Board of Education may adopt rules
55165550 17 and regulations necessary to implement this Section. In
55175551 18 accordance with Section 2-3.32, all state block grants are
55185552 19 subject to an audit. Therefore, block grant receipts and block
55195553 20 grant expenditures shall be recorded to the appropriate fund
55205554 21 code.
55215555 22 (b) (Blank).
55225556 23 (c) An Early Childhood Education Block Grant shall be
55235557 24 created by combining the following programs: Preschool
55245558 25 Education, Parental Training and Prevention Initiative. These
55255559
55265560
55275561
55285562
55295563
5530- HB5451 Engrossed - 156 - LRB103 39421 KTG 69604 b
5531-
5532-
5533-HB5451 Engrossed- 157 -LRB103 39421 KTG 69604 b HB5451 Engrossed - 157 - LRB103 39421 KTG 69604 b
5534- HB5451 Engrossed - 157 - LRB103 39421 KTG 69604 b
5564+ HB5451 - 156 - LRB103 39421 KTG 69604 b
5565+
5566+
5567+HB5451- 157 -LRB103 39421 KTG 69604 b HB5451 - 157 - LRB103 39421 KTG 69604 b
5568+ HB5451 - 157 - LRB103 39421 KTG 69604 b
55355569 1 funds shall be distributed to school districts and other
55365570 2 entities on a competitive basis, except that the State Board
55375571 3 of Education shall award to a school district having a
55385572 4 population exceeding 500,000 inhabitants 37% of the funds in
55395573 5 each fiscal year. Not less than 14% of the Early Childhood
55405574 6 Education Block Grant allocation of funds shall be used to
55415575 7 fund programs for children ages 0-3. Beginning in Fiscal Year
55425576 8 2016, at least 25% of any additional Early Childhood Education
55435577 9 Block Grant funding over and above the previous fiscal year's
55445578 10 allocation shall be used to fund programs for children ages
55455579 11 0-3. Once the percentage of Early Childhood Education Block
55465580 12 Grant funding allocated to programs for children ages 0-3
55475581 13 reaches 20% of the overall Early Childhood Education Block
55485582 14 Grant allocation for a full fiscal year, thereafter in
55495583 15 subsequent fiscal years the percentage of Early Childhood
55505584 16 Education Block Grant funding allocated to programs for
55515585 17 children ages 0-3 each fiscal year shall remain at least 20% of
55525586 18 the overall Early Childhood Education Block Grant allocation.
55535587 19 However, if, in a given fiscal year, the amount appropriated
55545588 20 for the Early Childhood Education Block Grant is insufficient
55555589 21 to increase the percentage of the grant to fund programs for
55565590 22 children ages 0-3 without reducing the amount of the grant for
55575591 23 existing providers of preschool education programs, then the
55585592 24 percentage of the grant to fund programs for children ages 0-3
55595593 25 may be held steady instead of increased.This subsection (c) is
55605594 26 inoperative on and after July 1, 2026.
55615595
55625596
55635597
55645598
55655599
5566- HB5451 Engrossed - 157 - LRB103 39421 KTG 69604 b
5567-
5568-
5569-HB5451 Engrossed- 158 -LRB103 39421 KTG 69604 b HB5451 Engrossed - 158 - LRB103 39421 KTG 69604 b
5570- HB5451 Engrossed - 158 - LRB103 39421 KTG 69604 b
5600+ HB5451 - 157 - LRB103 39421 KTG 69604 b
5601+
5602+
5603+HB5451- 158 -LRB103 39421 KTG 69604 b HB5451 - 158 - LRB103 39421 KTG 69604 b
5604+ HB5451 - 158 - LRB103 39421 KTG 69604 b
55715605 1 (Source: P.A. 99-589, eff. 7-21-16; 100-465, eff. 8-31-17.)
55725606 2 (105 ILCS 5/1C-4)
55735607 3 Sec. 1C-4. Reports. A school district that receives an
55745608 4 Early Childhood Education Block Grant shall report to the
55755609 5 State Board of Education on its use of the block grant in such
55765610 6 form and detail as the State Board of Education may specify. In
55775611 7 addition, the report must include the following description
55785612 8 for the district, which must also be reported to the General
55795613 9 Assembly: block grant allocation and expenditures by program;
55805614 10 population and service levels by program; and administrative
55815615 11 expenditures by program. The State Board of Education shall
55825616 12 ensure that the reporting requirements for a district
55835617 13 organized under Article 34 of this Code are the same as for all
55845618 14 other school districts in this State.
55855619 15 This Section is repealed on July 1, 2026.
55865620 16 (Source: P.A. 99-30, eff. 7-10-15.)
55875621 17 (105 ILCS 5/1D-1)
55885622 18 (Text of Section from P.A. 100-55)
55895623 19 Sec. 1D-1. Block grant funding.
55905624 20 (a) For fiscal year 1996 and each fiscal year thereafter,
55915625 21 the State Board of Education shall award to a school district
55925626 22 having a population exceeding 500,000 inhabitants a general
55935627 23 education block grant and an educational services block grant,
55945628 24 determined as provided in this Section, in lieu of
55955629
55965630
55975631
55985632
55995633
5600- HB5451 Engrossed - 158 - LRB103 39421 KTG 69604 b
5601-
5602-
5603-HB5451 Engrossed- 159 -LRB103 39421 KTG 69604 b HB5451 Engrossed - 159 - LRB103 39421 KTG 69604 b
5604- HB5451 Engrossed - 159 - LRB103 39421 KTG 69604 b
5634+ HB5451 - 158 - LRB103 39421 KTG 69604 b
5635+
5636+
5637+HB5451- 159 -LRB103 39421 KTG 69604 b HB5451 - 159 - LRB103 39421 KTG 69604 b
5638+ HB5451 - 159 - LRB103 39421 KTG 69604 b
56055639 1 distributing to the district separate State funding for the
56065640 2 programs described in subsections (b) and (c). The provisions
56075641 3 of this Section, however, do not apply to any federal funds
56085642 4 that the district is entitled to receive. In accordance with
56095643 5 Section 2-3.32, all block grants are subject to an audit.
56105644 6 Therefore, block grant receipts and block grant expenditures
56115645 7 shall be recorded to the appropriate fund code for the
56125646 8 designated block grant.
56135647 9 (b) The general education block grant shall include the
56145648 10 following programs: REI Initiative, Summer Bridges, Preschool
56155649 11 Education, K-6 Comprehensive Arts, School Improvement Support,
56165650 12 Urban Education, Scientific Literacy, Substance Abuse
56175651 13 Prevention, Second Language Planning, Staff Development,
56185652 14 Outcomes and Assessment, K-6 Reading Improvement, 7-12
56195653 15 Continued Reading Improvement, Truants' Optional Education,
56205654 16 Hispanic Programs, Agriculture Education, Parental Training,
56215655 17 Prevention Initiative, Report Cards, and Criminal Background
56225656 18 Investigations. The general education block grant shall also
56235657 19 include Preschool Education, Parental Training, and Prevention
56245658 20 Initiative through June 30, 2026. Notwithstanding any other
56255659 21 provision of law, all amounts paid under the general education
56265660 22 block grant from State appropriations to a school district in
56275661 23 a city having a population exceeding 500,000 inhabitants shall
56285662 24 be appropriated and expended by the board of that district for
56295663 25 any of the programs included in the block grant or any of the
56305664 26 board's lawful purposes. Beginning in Fiscal Year 2018, at
56315665
56325666
56335667
56345668
56355669
5636- HB5451 Engrossed - 159 - LRB103 39421 KTG 69604 b
5637-
5638-
5639-HB5451 Engrossed- 160 -LRB103 39421 KTG 69604 b HB5451 Engrossed - 160 - LRB103 39421 KTG 69604 b
5640- HB5451 Engrossed - 160 - LRB103 39421 KTG 69604 b
5670+ HB5451 - 159 - LRB103 39421 KTG 69604 b
5671+
5672+
5673+HB5451- 160 -LRB103 39421 KTG 69604 b HB5451 - 160 - LRB103 39421 KTG 69604 b
5674+ HB5451 - 160 - LRB103 39421 KTG 69604 b
56415675 1 least 25% of any additional Preschool Education, Parental
56425676 2 Training, and Prevention Initiative program funding over and
56435677 3 above the previous fiscal year's allocation shall be used to
56445678 4 fund programs for children ages 0-3. Beginning in Fiscal Year
56455679 5 2018, funding for Preschool Education, Parental Training, and
56465680 6 Prevention Initiative programs above the allocation for these
56475681 7 programs in Fiscal Year 2017 must be used solely as a
56485682 8 supplement for these programs and may not supplant funds
56495683 9 received from other sources.
56505684 10 (b-5) Beginning in Fiscal Year 2027, the Department of
56515685 11 Early Childhood shall award a block grant for Preschool
56525686 12 Education, Parental Training, and Prevention Initiative to a
56535687 13 school district having a population exceeding 500,000
56545688 14 inhabitants. The grants are subject to audit. Therefore, block
56555689 15 grant receipts and block grant expenditures shall be recorded
56565690 16 to the appropriate fund code for the designated block grant.
56575691 17 Notwithstanding any other provision of law, all amounts paid
56585692 18 under the block grant from State appropriations to a school
56595693 19 district in a city having a population exceeding 500,000
56605694 20 inhabitants shall be appropriated and expended by the board of
56615695 21 that district for any of the programs included in the block
56625696 22 grant or any of the board's lawful purposes. The district is
56635697 23 not required to file any application or other claim in order to
56645698 24 receive the block grant to which it is entitled under this
56655699 25 Section. The Department of Early Childhood shall make payments
56665700 26 to the district of amounts due under the district's block
56675701
56685702
56695703
56705704
56715705
5672- HB5451 Engrossed - 160 - LRB103 39421 KTG 69604 b
5673-
5674-
5675-HB5451 Engrossed- 161 -LRB103 39421 KTG 69604 b HB5451 Engrossed - 161 - LRB103 39421 KTG 69604 b
5676- HB5451 Engrossed - 161 - LRB103 39421 KTG 69604 b
5706+ HB5451 - 160 - LRB103 39421 KTG 69604 b
5707+
5708+
5709+HB5451- 161 -LRB103 39421 KTG 69604 b HB5451 - 161 - LRB103 39421 KTG 69604 b
5710+ HB5451 - 161 - LRB103 39421 KTG 69604 b
56775711 1 grant on a schedule determined by the Department. A school
56785712 2 district to which this Section applies shall report to the
56795713 3 Department of Early Childhood on its use of the block grant in
56805714 4 such form and detail as the Department may specify. In
56815715 5 addition, the report must include the following description
56825716 6 for the district, which must also be reported to the General
56835717 7 Assembly: block grant allocation and expenditures by program;
56845718 8 population and service levels by program; and administrative
56855719 9 expenditures by program. The Department shall ensure that the
56865720 10 reporting requirements for the district are the same as for
56875721 11 all other school districts in this State. Beginning in Fiscal
56885722 12 Year 2018, at least 25% of any additional Preschool Education,
56895723 13 Parental Training, and Prevention Initiative program funding
56905724 14 over and above the previous fiscal year's allocation shall be
56915725 15 used to fund programs for children ages 0-3. Beginning in
56925726 16 Fiscal Year 2018, funding for Preschool Education, Parental
56935727 17 Training, and Prevention Initiative programs above the
56945728 18 allocation for these programs in Fiscal Year 2017 must be used
56955729 19 solely as a supplement for these programs and may not supplant
56965730 20 funds received from other sources. (b-10).
56975731 21 (c) The educational services block grant shall include the
56985732 22 following programs: Regular and Vocational Transportation,
56995733 23 State Lunch and Free Breakfast Program, Special Education
57005734 24 (Personnel, Transportation, Orphanage, Private Tuition),
57015735 25 funding for children requiring special education services,
57025736 26 Summer School, Educational Service Centers, and
57035737
57045738
57055739
57065740
57075741
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5709-
5710-
5711-HB5451 Engrossed- 162 -LRB103 39421 KTG 69604 b HB5451 Engrossed - 162 - LRB103 39421 KTG 69604 b
5712- HB5451 Engrossed - 162 - LRB103 39421 KTG 69604 b
5742+ HB5451 - 161 - LRB103 39421 KTG 69604 b
5743+
5744+
5745+HB5451- 162 -LRB103 39421 KTG 69604 b HB5451 - 162 - LRB103 39421 KTG 69604 b
5746+ HB5451 - 162 - LRB103 39421 KTG 69604 b
57135747 1 Administrator's Academy. This subsection (c) does not relieve
57145748 2 the district of its obligation to provide the services
57155749 3 required under a program that is included within the
57165750 4 educational services block grant. It is the intention of the
57175751 5 General Assembly in enacting the provisions of this subsection
57185752 6 (c) to relieve the district of the administrative burdens that
57195753 7 impede efficiency and accompany single-program funding. The
57205754 8 General Assembly encourages the board to pursue mandate
57215755 9 waivers pursuant to Section 2-3.25g.
57225756 10 The funding program included in the educational services
57235757 11 block grant for funding for children requiring special
57245758 12 education services in each fiscal year shall be treated in
57255759 13 that fiscal year as a payment to the school district in respect
57265760 14 of services provided or costs incurred in the prior fiscal
57275761 15 year, calculated in each case as provided in this Section.
57285762 16 Nothing in this Section shall change the nature of payments
57295763 17 for any program that, apart from this Section, would be or,
57305764 18 prior to adoption or amendment of this Section, was on the
57315765 19 basis of a payment in a fiscal year in respect of services
57325766 20 provided or costs incurred in the prior fiscal year,
57335767 21 calculated in each case as provided in this Section.
57345768 22 (d) For fiscal year 1996 and each fiscal year thereafter,
57355769 23 the amount of the district's block grants shall be determined
57365770 24 as follows: (i) with respect to each program that is included
57375771 25 within each block grant, the district shall receive an amount
57385772 26 equal to the same percentage of the current fiscal year
57395773
57405774
57415775
57425776
57435777
5744- HB5451 Engrossed - 162 - LRB103 39421 KTG 69604 b
5745-
5746-
5747-HB5451 Engrossed- 163 -LRB103 39421 KTG 69604 b HB5451 Engrossed - 163 - LRB103 39421 KTG 69604 b
5748- HB5451 Engrossed - 163 - LRB103 39421 KTG 69604 b
5778+ HB5451 - 162 - LRB103 39421 KTG 69604 b
5779+
5780+
5781+HB5451- 163 -LRB103 39421 KTG 69604 b HB5451 - 163 - LRB103 39421 KTG 69604 b
5782+ HB5451 - 163 - LRB103 39421 KTG 69604 b
57495783 1 appropriation made for that program as the percentage of the
57505784 2 appropriation received by the district from the 1995 fiscal
57515785 3 year appropriation made for that program, and (ii) the total
57525786 4 amount that is due the district under the block grant shall be
57535787 5 the aggregate of the amounts that the district is entitled to
57545788 6 receive for the fiscal year with respect to each program that
57555789 7 is included within the block grant that the State Board of
57565790 8 Education shall award the district under this Section for that
57575791 9 fiscal year. In the case of the Summer Bridges program, the
57585792 10 amount of the district's block grant shall be equal to 44% of
57595793 11 the amount of the current fiscal year appropriation made for
57605794 12 that program.
57615795 13 (e) The district is not required to file any application
57625796 14 or other claim in order to receive the block grants to which it
57635797 15 is entitled under this Section. The State Board of Education
57645798 16 shall make payments to the district of amounts due under the
57655799 17 district's block grants on a schedule determined by the State
57665800 18 Board of Education.
57675801 19 (f) A school district to which this Section applies shall
57685802 20 report to the State Board of Education on its use of the block
57695803 21 grants in such form and detail as the State Board of Education
57705804 22 may specify. In addition, the report must include the
57715805 23 following description for the district, which must also be
57725806 24 reported to the General Assembly: block grant allocation and
57735807 25 expenditures by program; population and service levels by
57745808 26 program; and administrative expenditures by program. The State
57755809
57765810
57775811
57785812
57795813
5780- HB5451 Engrossed - 163 - LRB103 39421 KTG 69604 b
5781-
5782-
5783-HB5451 Engrossed- 164 -LRB103 39421 KTG 69604 b HB5451 Engrossed - 164 - LRB103 39421 KTG 69604 b
5784- HB5451 Engrossed - 164 - LRB103 39421 KTG 69604 b
5814+ HB5451 - 163 - LRB103 39421 KTG 69604 b
5815+
5816+
5817+HB5451- 164 -LRB103 39421 KTG 69604 b HB5451 - 164 - LRB103 39421 KTG 69604 b
5818+ HB5451 - 164 - LRB103 39421 KTG 69604 b
57855819 1 Board of Education shall ensure that the reporting
57865820 2 requirements for the district are the same as for all other
57875821 3 school districts in this State.
57885822 4 (g) This paragraph provides for the treatment of block
57895823 5 grants under Article 1C for purposes of calculating the amount
57905824 6 of block grants for a district under this Section. Those block
57915825 7 grants under Article 1C are, for this purpose, treated as
57925826 8 included in the amount of appropriation for the various
57935827 9 programs set forth in paragraph (b) above. The appropriation
57945828 10 in each current fiscal year for each block grant under Article
57955829 11 1C shall be treated for these purposes as appropriations for
57965830 12 the individual program included in that block grant. The
57975831 13 proportion of each block grant so allocated to each such
57985832 14 program included in it shall be the proportion which the
57995833 15 appropriation for that program was of all appropriations for
58005834 16 such purposes now in that block grant, in fiscal 1995.
58015835 17 Payments to the school district under this Section with
58025836 18 respect to each program for which payments to school districts
58035837 19 generally, as of the date of this amendatory Act of the 92nd
58045838 20 General Assembly, are on a reimbursement basis shall continue
58055839 21 to be made to the district on a reimbursement basis, pursuant
58065840 22 to the provisions of this Code governing those programs.
58075841 23 (h) Notwithstanding any other provision of law, any school
58085842 24 district receiving a block grant under this Section may
58095843 25 classify all or a portion of the funds that it receives in a
58105844 26 particular fiscal year from any block grant authorized under
58115845
58125846
58135847
58145848
58155849
5816- HB5451 Engrossed - 164 - LRB103 39421 KTG 69604 b
5817-
5818-
5819-HB5451 Engrossed- 165 -LRB103 39421 KTG 69604 b HB5451 Engrossed - 165 - LRB103 39421 KTG 69604 b
5820- HB5451 Engrossed - 165 - LRB103 39421 KTG 69604 b
5850+ HB5451 - 164 - LRB103 39421 KTG 69604 b
5851+
5852+
5853+HB5451- 165 -LRB103 39421 KTG 69604 b HB5451 - 165 - LRB103 39421 KTG 69604 b
5854+ HB5451 - 165 - LRB103 39421 KTG 69604 b
58215855 1 this Code or from general State aid pursuant to Section
58225856 2 18-8.05 of this Code (other than supplemental general State
58235857 3 aid) as funds received in connection with any funding program
58245858 4 for which it is entitled to receive funds from the State in
58255859 5 that fiscal year (including, without limitation, any funding
58265860 6 program referred to in subsection (c) of this Section),
58275861 7 regardless of the source or timing of the receipt. The
58285862 8 district may not classify more funds as funds received in
58295863 9 connection with the funding program than the district is
58305864 10 entitled to receive in that fiscal year for that program. Any
58315865 11 classification by a district must be made by a resolution of
58325866 12 its board of education. The resolution must identify the
58335867 13 amount of any block grant or general State aid to be classified
58345868 14 under this subsection (h) and must specify the funding program
58355869 15 to which the funds are to be treated as received in connection
58365870 16 therewith. This resolution is controlling as to the
58375871 17 classification of funds referenced therein. A certified copy
58385872 18 of the resolution must be sent to the State Superintendent of
58395873 19 Education. The resolution shall still take effect even though
58405874 20 a copy of the resolution has not been sent to the State
58415875 21 Superintendent of Education in a timely manner. No
58425876 22 classification under this subsection (h) by a district shall
58435877 23 affect the total amount or timing of money the district is
58445878 24 entitled to receive under this Code. No classification under
58455879 25 this subsection (h) by a district shall in any way relieve the
58465880 26 district from or affect any requirements that otherwise would
58475881
58485882
58495883
58505884
58515885
5852- HB5451 Engrossed - 165 - LRB103 39421 KTG 69604 b
5853-
5854-
5855-HB5451 Engrossed- 166 -LRB103 39421 KTG 69604 b HB5451 Engrossed - 166 - LRB103 39421 KTG 69604 b
5856- HB5451 Engrossed - 166 - LRB103 39421 KTG 69604 b
5886+ HB5451 - 165 - LRB103 39421 KTG 69604 b
5887+
5888+
5889+HB5451- 166 -LRB103 39421 KTG 69604 b HB5451 - 166 - LRB103 39421 KTG 69604 b
5890+ HB5451 - 166 - LRB103 39421 KTG 69604 b
58575891 1 apply with respect to the block grant as provided in this
58585892 2 Section, including any accounting of funds by source,
58595893 3 reporting expenditures by original source and purpose,
58605894 4 reporting requirements, or requirements of provision of
58615895 5 services.
58625896 6 (Source: P.A. 100-55, eff. 8-11-17.)
58635897 7 (Text of Section from P.A. 100-465)
58645898 8 Sec. 1D-1. Block grant funding.
58655899 9 (a) For fiscal year 1996 through fiscal year 2017, the
58665900 10 State Board of Education shall award to a school district
58675901 11 having a population exceeding 500,000 inhabitants a general
58685902 12 education block grant and an educational services block grant,
58695903 13 determined as provided in this Section, in lieu of
58705904 14 distributing to the district separate State funding for the
58715905 15 programs described in subsections (b) and (c). The provisions
58725906 16 of this Section, however, do not apply to any federal funds
58735907 17 that the district is entitled to receive. In accordance with
58745908 18 Section 2-3.32, all block grants are subject to an audit.
58755909 19 Therefore, block grant receipts and block grant expenditures
58765910 20 shall be recorded to the appropriate fund code for the
58775911 21 designated block grant.
58785912 22 (b) The general education block grant shall include the
58795913 23 following programs: REI Initiative, Summer Bridges, Preschool
58805914 24 At Risk, K-6 Comprehensive Arts, School Improvement Support,
58815915 25 Urban Education, Scientific Literacy, Substance Abuse
58825916
58835917
58845918
58855919
58865920
5887- HB5451 Engrossed - 166 - LRB103 39421 KTG 69604 b
5888-
5889-
5890-HB5451 Engrossed- 167 -LRB103 39421 KTG 69604 b HB5451 Engrossed - 167 - LRB103 39421 KTG 69604 b
5891- HB5451 Engrossed - 167 - LRB103 39421 KTG 69604 b
5921+ HB5451 - 166 - LRB103 39421 KTG 69604 b
5922+
5923+
5924+HB5451- 167 -LRB103 39421 KTG 69604 b HB5451 - 167 - LRB103 39421 KTG 69604 b
5925+ HB5451 - 167 - LRB103 39421 KTG 69604 b
58925926 1 Prevention, Second Language Planning, Staff Development,
58935927 2 Outcomes and Assessment, K-6 Reading Improvement, 7-12
58945928 3 Continued Reading Improvement, Truants' Optional Education,
58955929 4 Hispanic Programs, Agriculture Education, Parental Education,
58965930 5 Prevention Initiative, Report Cards, and Criminal Background
58975931 6 Investigations. The general education block grant shall also
58985932 7 include Preschool Education, Parental Training, and Prevention
58995933 8 Initiative through June 30, 2026. Notwithstanding any other
59005934 9 provision of law, all amounts paid under the general education
59015935 10 block grant from State appropriations to a school district in
59025936 11 a city having a population exceeding 500,000 inhabitants shall
59035937 12 be appropriated and expended by the board of that district for
59045938 13 any of the programs included in the block grant or any of the
59055939 14 board's lawful purposes.
59065940 15 (b-5) Beginning in Fiscal Year 2027, the Department of
59075941 16 Early Childhood shall award a block grant for Preschool
59085942 17 Education, Parental Training, and Prevention Initiative to a
59095943 18 school district having a population exceeding 500,000
59105944 19 inhabitants. The grants are subject to audit. Therefore, block
59115945 20 grant receipts and block grant expenditures shall be recorded
59125946 21 to the appropriate fund code for the designated block grant.
59135947 22 Notwithstanding any other provision of law, all amounts paid
59145948 23 under the block grant from State appropriations to a school
59155949 24 district in a city having a population exceeding 500,000
59165950 25 inhabitants shall be appropriated and expended by the board of
59175951 26 that district for any of the programs included in the block
59185952
59195953
59205954
59215955
59225956
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5924-
5925-
5926-HB5451 Engrossed- 168 -LRB103 39421 KTG 69604 b HB5451 Engrossed - 168 - LRB103 39421 KTG 69604 b
5927- HB5451 Engrossed - 168 - LRB103 39421 KTG 69604 b
5957+ HB5451 - 167 - LRB103 39421 KTG 69604 b
5958+
5959+
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59285962 1 grant or any of the board's lawful purposes. The district is
59295963 2 not required to file any application or other claim in order to
59305964 3 receive the block grant to which it is entitled under this
59315965 4 Section. The Department of Early Childhood shall make payments
59325966 5 to the district of amounts due under the district's block
59335967 6 grant on a schedule determined by the Department. A school
59345968 7 district to which this Section applies shall report to the
59355969 8 Department of Early Childhood on its use of the block grant in
59365970 9 such form and detail as the Department may specify. In
59375971 10 addition, the report must include the following description
59385972 11 for the district, which must also be reported to the General
59395973 12 Assembly: block grant allocation and expenditures by program;
59405974 13 population and service levels by program; and administrative
59415975 14 expenditures by program. The Department shall ensure that the
59425976 15 reporting requirements for the district are the same as for
59435977 16 all other school districts in this State. Beginning in Fiscal
59445978 17 Year 2018, at least 25% of any additional Preschool Education,
59455979 18 Parental Training, and Prevention Initiative program funding
59465980 19 over and above the previous fiscal year's allocation shall be
59475981 20 used to fund programs for children ages 0-3. Beginning in
59485982 21 Fiscal Year 2018, funding for Preschool Education, Parental
59495983 22 Training, and Prevention Initiative programs above the
59505984 23 allocation for these programs in Fiscal Year 2017 must be used
59515985 24 solely as a supplement for these programs and may not supplant
59525986 25 funds received from other sources. (b-10).
59535987 26 (c) The educational services block grant shall include the
59545988
59555989
59565990
59575991
59585992
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5960-
5961-
5962-HB5451 Engrossed- 169 -LRB103 39421 KTG 69604 b HB5451 Engrossed - 169 - LRB103 39421 KTG 69604 b
5963- HB5451 Engrossed - 169 - LRB103 39421 KTG 69604 b
5993+ HB5451 - 168 - LRB103 39421 KTG 69604 b
5994+
5995+
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5997+ HB5451 - 169 - LRB103 39421 KTG 69604 b
59645998 1 following programs: Regular and Vocational Transportation,
59655999 2 State Lunch and Free Breakfast Program, Special Education
59666000 3 (Personnel, Transportation, Orphanage, Private Tuition),
59676001 4 funding for children requiring special education services,
59686002 5 Summer School, Educational Service Centers, and
59696003 6 Administrator's Academy. This subsection (c) does not relieve
59706004 7 the district of its obligation to provide the services
59716005 8 required under a program that is included within the
59726006 9 educational services block grant. It is the intention of the
59736007 10 General Assembly in enacting the provisions of this subsection
59746008 11 (c) to relieve the district of the administrative burdens that
59756009 12 impede efficiency and accompany single-program funding. The
59766010 13 General Assembly encourages the board to pursue mandate
59776011 14 waivers pursuant to Section 2-3.25g.
59786012 15 The funding program included in the educational services
59796013 16 block grant for funding for children requiring special
59806014 17 education services in each fiscal year shall be treated in
59816015 18 that fiscal year as a payment to the school district in respect
59826016 19 of services provided or costs incurred in the prior fiscal
59836017 20 year, calculated in each case as provided in this Section.
59846018 21 Nothing in this Section shall change the nature of payments
59856019 22 for any program that, apart from this Section, would be or,
59866020 23 prior to adoption or amendment of this Section, was on the
59876021 24 basis of a payment in a fiscal year in respect of services
59886022 25 provided or costs incurred in the prior fiscal year,
59896023 26 calculated in each case as provided in this Section.
59906024
59916025
59926026
59936027
59946028
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5996-
5997-
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6030+
6031+
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6033+ HB5451 - 170 - LRB103 39421 KTG 69604 b
60006034 1 (d) For fiscal year 1996 through fiscal year 2017, the
60016035 2 amount of the district's block grants shall be determined as
60026036 3 follows: (i) with respect to each program that is included
60036037 4 within each block grant, the district shall receive an amount
60046038 5 equal to the same percentage of the current fiscal year
60056039 6 appropriation made for that program as the percentage of the
60066040 7 appropriation received by the district from the 1995 fiscal
60076041 8 year appropriation made for that program, and (ii) the total
60086042 9 amount that is due the district under the block grant shall be
60096043 10 the aggregate of the amounts that the district is entitled to
60106044 11 receive for the fiscal year with respect to each program that
60116045 12 is included within the block grant that the State Board of
60126046 13 Education shall award the district under this Section for that
60136047 14 fiscal year. In the case of the Summer Bridges program, the
60146048 15 amount of the district's block grant shall be equal to 44% of
60156049 16 the amount of the current fiscal year appropriation made for
60166050 17 that program.
60176051 18 (e) The district is not required to file any application
60186052 19 or other claim in order to receive the block grants to which it
60196053 20 is entitled under this Section. The State Board of Education
60206054 21 shall make payments to the district of amounts due under the
60216055 22 district's block grants on a schedule determined by the State
60226056 23 Board of Education.
60236057 24 (f) A school district to which this Section applies shall
60246058 25 report to the State Board of Education on its use of the block
60256059 26 grants in such form and detail as the State Board of Education
60266060
60276061
60286062
60296063
60306064
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6032-
6033-
6034-HB5451 Engrossed- 171 -LRB103 39421 KTG 69604 b HB5451 Engrossed - 171 - LRB103 39421 KTG 69604 b
6035- HB5451 Engrossed - 171 - LRB103 39421 KTG 69604 b
6065+ HB5451 - 170 - LRB103 39421 KTG 69604 b
6066+
6067+
6068+HB5451- 171 -LRB103 39421 KTG 69604 b HB5451 - 171 - LRB103 39421 KTG 69604 b
6069+ HB5451 - 171 - LRB103 39421 KTG 69604 b
60366070 1 may specify. In addition, the report must include the
60376071 2 following description for the district, which must also be
60386072 3 reported to the General Assembly: block grant allocation and
60396073 4 expenditures by program; population and service levels by
60406074 5 program; and administrative expenditures by program. The State
60416075 6 Board of Education shall ensure that the reporting
60426076 7 requirements for the district are the same as for all other
60436077 8 school districts in this State.
60446078 9 (g) Through fiscal year 2017, this paragraph provides for
60456079 10 the treatment of block grants under Article 1C for purposes of
60466080 11 calculating the amount of block grants for a district under
60476081 12 this Section. Those block grants under Article 1C are, for
60486082 13 this purpose, treated as included in the amount of
60496083 14 appropriation for the various programs set forth in paragraph
60506084 15 (b) above. The appropriation in each current fiscal year for
60516085 16 each block grant under Article 1C shall be treated for these
60526086 17 purposes as appropriations for the individual program included
60536087 18 in that block grant. The proportion of each block grant so
60546088 19 allocated to each such program included in it shall be the
60556089 20 proportion which the appropriation for that program was of all
60566090 21 appropriations for such purposes now in that block grant, in
60576091 22 fiscal 1995.
60586092 23 Payments to the school district under this Section with
60596093 24 respect to each program for which payments to school districts
60606094 25 generally, as of the date of this amendatory Act of the 92nd
60616095 26 General Assembly, are on a reimbursement basis shall continue
60626096
60636097
60646098
60656099
60666100
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6068-
6069-
6070-HB5451 Engrossed- 172 -LRB103 39421 KTG 69604 b HB5451 Engrossed - 172 - LRB103 39421 KTG 69604 b
6071- HB5451 Engrossed - 172 - LRB103 39421 KTG 69604 b
6101+ HB5451 - 171 - LRB103 39421 KTG 69604 b
6102+
6103+
6104+HB5451- 172 -LRB103 39421 KTG 69604 b HB5451 - 172 - LRB103 39421 KTG 69604 b
6105+ HB5451 - 172 - LRB103 39421 KTG 69604 b
60726106 1 to be made to the district on a reimbursement basis, pursuant
60736107 2 to the provisions of this Code governing those programs.
60746108 3 (h) Notwithstanding any other provision of law, any school
60756109 4 district receiving a block grant under this Section may
60766110 5 classify all or a portion of the funds that it receives in a
60776111 6 particular fiscal year from any block grant authorized under
60786112 7 this Code or from general State aid pursuant to Section
60796113 8 18-8.05 of this Code (other than supplemental general State
60806114 9 aid) as funds received in connection with any funding program
60816115 10 for which it is entitled to receive funds from the State in
60826116 11 that fiscal year (including, without limitation, any funding
60836117 12 program referred to in subsection (c) of this Section),
60846118 13 regardless of the source or timing of the receipt. The
60856119 14 district may not classify more funds as funds received in
60866120 15 connection with the funding program than the district is
60876121 16 entitled to receive in that fiscal year for that program. Any
60886122 17 classification by a district must be made by a resolution of
60896123 18 its board of education. The resolution must identify the
60906124 19 amount of any block grant or general State aid to be classified
60916125 20 under this subsection (h) and must specify the funding program
60926126 21 to which the funds are to be treated as received in connection
60936127 22 therewith. This resolution is controlling as to the
60946128 23 classification of funds referenced therein. A certified copy
60956129 24 of the resolution must be sent to the State Superintendent of
60966130 25 Education. The resolution shall still take effect even though
60976131 26 a copy of the resolution has not been sent to the State
60986132
60996133
61006134
61016135
61026136
6103- HB5451 Engrossed - 172 - LRB103 39421 KTG 69604 b
6104-
6105-
6106-HB5451 Engrossed- 173 -LRB103 39421 KTG 69604 b HB5451 Engrossed - 173 - LRB103 39421 KTG 69604 b
6107- HB5451 Engrossed - 173 - LRB103 39421 KTG 69604 b
6137+ HB5451 - 172 - LRB103 39421 KTG 69604 b
6138+
6139+
6140+HB5451- 173 -LRB103 39421 KTG 69604 b HB5451 - 173 - LRB103 39421 KTG 69604 b
6141+ HB5451 - 173 - LRB103 39421 KTG 69604 b
61086142 1 Superintendent of Education in a timely manner. No
61096143 2 classification under this subsection (h) by a district shall
61106144 3 affect the total amount or timing of money the district is
61116145 4 entitled to receive under this Code. No classification under
61126146 5 this subsection (h) by a district shall in any way relieve the
61136147 6 district from or affect any requirements that otherwise would
61146148 7 apply with respect to the block grant as provided in this
61156149 8 Section, including any accounting of funds by source,
61166150 9 reporting expenditures by original source and purpose,
61176151 10 reporting requirements, or requirements of provision of
61186152 11 services.
61196153 12 (Source: P.A. 100-465, eff. 8-31-17.)
61206154 13 (105 ILCS 5/2-3.47) (from Ch. 122, par. 2-3.47)
61216155 14 Sec. 2-3.47. The State Board of Education shall annually
61226156 15 submit a budget recommendation to the Governor and General
61236157 16 Assembly that contains recommendations for funding for
61246158 17 pre-school through grade 12 through Fiscal Year 2026. For
61256159 18 Fiscal Year 2027, and annually thereafter, the State Board of
61266160 19 Education shall submit a budget recommendation to the Governor
61276161 20 and General Assembly that contains recommendations for funding
61286162 21 for kindergarten through grade 12.
61296163 22 (Source: P.A. 98-739, eff. 7-16-14.)
61306164 23 (105 ILCS 5/2-3.64a-10)
61316165 24 Sec. 2-3.64a-10. Kindergarten assessment.
61326166
61336167
61346168
61356169
61366170
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6138-
6139-
6140-HB5451 Engrossed- 174 -LRB103 39421 KTG 69604 b HB5451 Engrossed - 174 - LRB103 39421 KTG 69604 b
6141- HB5451 Engrossed - 174 - LRB103 39421 KTG 69604 b
6171+ HB5451 - 173 - LRB103 39421 KTG 69604 b
6172+
6173+
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6175+ HB5451 - 174 - LRB103 39421 KTG 69604 b
61426176 1 (a) For the purposes of this Section, "kindergarten"
61436177 2 includes both full-day and half-day kindergarten programs.
61446178 3 (b) Beginning no later than the 2021-2022 school year, the
61456179 4 State Board of Education shall annually assess all public
61466180 5 school students entering kindergarten using a common
61476181 6 assessment tool, unless the State Board determines that a
61486182 7 student is otherwise exempt. The common assessment tool must
61496183 8 assess multiple developmental domains, including literacy,
61506184 9 language, mathematics, and social and emotional development.
61516185 10 The assessment must be valid, reliable, and developmentally
61526186 11 appropriate to formatively assess a child's development and
61536187 12 readiness for kindergarten.
61546188 13 (c) Results from the assessment may be used by the school
61556189 14 to understand the child's development and readiness for
61566190 15 kindergarten, to tailor instruction, and to measure the
61576191 16 child's progress over time. Assessment results may also be
61586192 17 used to identify a need for the professional development of
61596193 18 teachers and early childhood educators and to inform
61606194 19 State-level and district-level policies and resource
61616195 20 allocation.
61626196 21 The school shall make the assessment results available to
61636197 22 the child's parent or guardian.
61646198 23 The assessment results may not be used (i) to prevent a
61656199 24 child from enrolling in kindergarten or (ii) as the sole
61666200 25 measure used in determining the grade promotion or retention
61676201 26 of a student.
61686202
61696203
61706204
61716205
61726206
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6174-
6175-
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6177- HB5451 Engrossed - 175 - LRB103 39421 KTG 69604 b
6207+ HB5451 - 174 - LRB103 39421 KTG 69604 b
6208+
6209+
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6211+ HB5451 - 175 - LRB103 39421 KTG 69604 b
61786212 1 (d) On an annual basis, the State Board shall report
61796213 2 publicly, at a minimum, data from the assessment for the State
61806214 3 overall and for each school district. The State Board's report
61816215 4 must disaggregate data by race and ethnicity, household
61826216 5 income, students who are English learners, and students who
61836217 6 have an individualized education program.
61846218 7 (e) The State Superintendent of Education shall appoint a
61856219 8 committee of no more than 22 21 members, including the
61866220 9 Secretary of Early Childhood or the Secretary's designee,
61876221 10 parents, teachers, school administrators, assessment experts,
61886222 11 regional superintendents of schools, state policy advocates,
61896223 12 early childhood administrators, and other stakeholders, to
61906224 13 review, on an ongoing basis, the content and design of the
61916225 14 assessment, the collective results of the assessment as
61926226 15 measured against kindergarten-readiness standards, and other
61936227 16 issues involving the assessment as identified by the
61946228 17 committee.
61956229 18 The committee shall make periodic recommendations to the
61966230 19 State Superintendent of Education and the General Assembly
61976231 20 concerning the assessments.
61986232 21 (f) The State Board may adopt rules to implement and
61996233 22 administer this Section.
62006234 23 (Source: P.A. 101-654, eff. 3-8-21; 102-635, eff. 11-30-21
62016235 24 (See Section 10 of P.A. 102-671 for effective date of P.A.
62026236 25 102-209).)
62036237
62046238
62056239
62066240
62076241
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6209-
6210-
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6212- HB5451 Engrossed - 176 - LRB103 39421 KTG 69604 b
6242+ HB5451 - 175 - LRB103 39421 KTG 69604 b
6243+
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62136247 1 (105 ILCS 5/2-3.71) (from Ch. 122, par. 2-3.71)
62146248 2 Sec. 2-3.71. Grants for preschool educational programs.
62156249 3 (a) Preschool program.
62166250 4 (1) Through June 30, 2026, the The State Board of
62176251 5 Education shall implement and administer a grant program
62186252 6 under the provisions of this subsection which shall
62196253 7 consist of grants to public school districts and other
62206254 8 eligible entities, as defined by the State Board of
62216255 9 Education, to conduct voluntary preschool educational
62226256 10 programs for children ages 3 to 5 which include a parent
62236257 11 education component. A public school district which
62246258 12 receives grants under this subsection may subcontract with
62256259 13 other entities that are eligible to conduct a preschool
62266260 14 educational program. These grants must be used to
62276261 15 supplement, not supplant, funds received from any other
62286262 16 source.
62296263 17 (1.5) On and after July 1, 2026, the Department of
62306264 18 Early Childhood shall implement and administer a grant
62316265 19 program for school districts and other eligible entities,
62326266 20 as defined by the Department, to conduct voluntary
62336267 21 preschool educational programs for children ages 3 to 5
62346268 22 which include a parent education component. A public
62356269 23 school district which receives grants under this
62366270 24 subsection may subcontract with other entities that are
62376271 25 eligible to conduct a preschool educational program. These
62386272 26 grants must be used to supplement, not supplant, funds
62396273
62406274
62416275
62426276
62436277
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6245-
6246-
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6248- HB5451 Engrossed - 177 - LRB103 39421 KTG 69604 b
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6279+
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6282+ HB5451 - 177 - LRB103 39421 KTG 69604 b
62496283 1 received from any other source.
62506284 2 (2) (Blank).
62516285 3 (3) Except as otherwise provided under this subsection
62526286 4 (a), any teacher of preschool children in the program
62536287 5 authorized by this subsection shall hold a Professional
62546288 6 Educator License with an early childhood education
62556289 7 endorsement.
62566290 8 (3.5) Beginning with the 2018-2019 school year and
62576291 9 until the 2028-2029 school year, an individual may teach
62586292 10 preschool children in an early childhood program under
62596293 11 this Section if he or she holds a Professional Educator
62606294 12 License with an early childhood education endorsement or
62616295 13 with short-term approval for early childhood education or
62626296 14 he or she pursues a Professional Educator License and
62636297 15 holds any of the following:
62646298 16 (A) An ECE Credential Level of 5 awarded by the
62656299 17 Department of Human Services under the Gateways to
62666300 18 Opportunity Program developed under Section 10-70 of
62676301 19 the Department of Human Services Act.
62686302 20 (B) An Educator License with Stipulations with a
62696303 21 transitional bilingual educator endorsement and he or
62706304 22 she has (i) passed an early childhood education
62716305 23 content test or (ii) completed no less than 9 semester
62726306 24 hours of postsecondary coursework in the area of early
62736307 25 childhood education.
62746308 26 (4) (Blank).
62756309
62766310
62776311
62786312
62796313
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6281-
6282-
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6284- HB5451 Engrossed - 178 - LRB103 39421 KTG 69604 b
6314+ HB5451 - 177 - LRB103 39421 KTG 69604 b
6315+
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6317+HB5451- 178 -LRB103 39421 KTG 69604 b HB5451 - 178 - LRB103 39421 KTG 69604 b
6318+ HB5451 - 178 - LRB103 39421 KTG 69604 b
62856319 1 (4.5) Through June 30, 2026, the State Board of
62866320 2 Education shall provide the primary source of funding
62876321 3 through appropriations for the program. On and after July
62886322 4 1, 2026, the Department of Early Childhood shall provide
62896323 5 the primary source of funding through appropriations for
62906324 6 the program. The State Board of Education shall provide
62916325 7 the primary source of funding through appropriations for
62926326 8 the program. Such funds shall be distributed to achieve a
62936327 9 goal of "Preschool for All Children" for the benefit of
62946328 10 all children whose families choose to participate in the
62956329 11 program. Based on available appropriations, newly funded
62966330 12 programs shall be selected through a process giving first
62976331 13 priority to qualified programs serving primarily at-risk
62986332 14 children and second priority to qualified programs serving
62996333 15 primarily children with a family income of less than 4
63006334 16 times the poverty guidelines updated periodically in the
63016335 17 Federal Register by the U.S. Department of Health and
63026336 18 Human Services under the authority of 42 U.S.C. 9902(2).
63036337 19 For purposes of this paragraph (4.5), at-risk children are
63046338 20 those who because of their home and community environment
63056339 21 are subject to such language, cultural, economic and like
63066340 22 disadvantages to cause them to have been determined as a
63076341 23 result of screening procedures to be at risk of academic
63086342 24 failure. Through June 30, 2026, such screening procedures
63096343 25 shall be based on criteria established by the State Board
63106344 26 of Education. On and after July 1, 2026, such screening
63116345
63126346
63136347
63146348
63156349
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6317-
6318-
6319-HB5451 Engrossed- 179 -LRB103 39421 KTG 69604 b HB5451 Engrossed - 179 - LRB103 39421 KTG 69604 b
6320- HB5451 Engrossed - 179 - LRB103 39421 KTG 69604 b
6350+ HB5451 - 178 - LRB103 39421 KTG 69604 b
6351+
6352+
6353+HB5451- 179 -LRB103 39421 KTG 69604 b HB5451 - 179 - LRB103 39421 KTG 69604 b
6354+ HB5451 - 179 - LRB103 39421 KTG 69604 b
63216355 1 procedures shall be based on criteria established by the
63226356 2 Department of Early Childhood. Such screening procedures
63236357 3 shall be based on criteria established by the State Board
63246358 4 of Education.
63256359 5 Except as otherwise provided in this paragraph (4.5),
63266360 6 grantees under the program must enter into a memorandum of
63276361 7 understanding with the appropriate local Head Start
63286362 8 agency. This memorandum must be entered into no later than
63296363 9 3 months after the award of a grantee's grant under the
63306364 10 program, except that, in the case of the 2009-2010 program
63316365 11 year, the memorandum must be entered into no later than
63326366 12 the deadline set by the State Board of Education for
63336367 13 applications to participate in the program in fiscal year
63346368 14 2011, and must address collaboration between the grantee's
63356369 15 program and the local Head Start agency on certain issues,
63366370 16 which shall include without limitation the following:
63376371 17 (A) educational activities, curricular objectives,
63386372 18 and instruction;
63396373 19 (B) public information dissemination and access to
63406374 20 programs for families contacting programs;
63416375 21 (C) service areas;
63426376 22 (D) selection priorities for eligible children to
63436377 23 be served by programs;
63446378 24 (E) maximizing the impact of federal and State
63456379 25 funding to benefit young children;
63466380 26 (F) staff training, including opportunities for
63476381
63486382
63496383
63506384
63516385
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6353-
6354-
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6356- HB5451 Engrossed - 180 - LRB103 39421 KTG 69604 b
6386+ HB5451 - 179 - LRB103 39421 KTG 69604 b
6387+
6388+
6389+HB5451- 180 -LRB103 39421 KTG 69604 b HB5451 - 180 - LRB103 39421 KTG 69604 b
6390+ HB5451 - 180 - LRB103 39421 KTG 69604 b
63576391 1 joint staff training;
63586392 2 (G) technical assistance;
63596393 3 (H) communication and parent outreach for smooth
63606394 4 transitions to kindergarten;
63616395 5 (I) provision and use of facilities,
63626396 6 transportation, and other program elements;
63636397 7 (J) facilitating each program's fulfillment of its
63646398 8 statutory and regulatory requirements;
63656399 9 (K) improving local planning and collaboration;
63666400 10 and
63676401 11 (L) providing comprehensive services for the
63686402 12 neediest Illinois children and families.
63696403 13 Through June 30, 2026, if If the appropriate local Head
63706404 14 Start agency is unable or unwilling to enter into a
63716405 15 memorandum of understanding as required under this
63726406 16 paragraph (4.5), the memorandum of understanding
63736407 17 requirement shall not apply and the grantee under the
63746408 18 program must notify the State Board of Education in
63756409 19 writing of the Head Start agency's inability or
63766410 20 unwillingness. The State Board of Education shall compile
63776411 21 all such written notices and make them available to the
63786412 22 public. On and after July 1, 2026, if the appropriate
63796413 23 local Head Start agency is unable or unwilling to enter
63806414 24 into a memorandum of understanding as required under this
63816415 25 paragraph (4.5), the memorandum of understanding
63826416 26 requirement shall not apply and the grantee under the
63836417
63846418
63856419
63866420
63876421
6388- HB5451 Engrossed - 180 - LRB103 39421 KTG 69604 b
6389-
6390-
6391-HB5451 Engrossed- 181 -LRB103 39421 KTG 69604 b HB5451 Engrossed - 181 - LRB103 39421 KTG 69604 b
6392- HB5451 Engrossed - 181 - LRB103 39421 KTG 69604 b
6422+ HB5451 - 180 - LRB103 39421 KTG 69604 b
6423+
6424+
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6426+ HB5451 - 181 - LRB103 39421 KTG 69604 b
63936427 1 program must notify the Department of Early Childhood in
63946428 2 writing of the Head Start agency's inability or
63956429 3 unwillingness. The Department of Early Childhood shall
63966430 4 compile all such written notices and make them available
63976431 5 to the public.
63986432 6 (5) Through June 30, 2026, the The State Board of
63996433 7 Education shall develop and provide evaluation tools,
64006434 8 including tests, that school districts and other eligible
64016435 9 entities may use to evaluate children for school readiness
64026436 10 prior to age 5. The State Board of Education shall require
64036437 11 school districts and other eligible entities to obtain
64046438 12 consent from the parents or guardians of children before
64056439 13 any evaluations are conducted. The State Board of
64066440 14 Education shall encourage local school districts and other
64076441 15 eligible entities to evaluate the population of preschool
64086442 16 children in their communities and provide preschool
64096443 17 programs, pursuant to this subsection, where appropriate.
64106444 18 (5.1) On and after July 1, 2026, the Department of
64116445 19 Early Childhood shall develop and provide evaluation
64126446 20 tools, including tests, that school districts and other
64136447 21 eligible entities may use to evaluate children for school
64146448 22 readiness prior to age 5. The Department of Early
64156449 23 Childhood shall require school districts and other
64166450 24 eligible entities to obtain consent from the parents or
64176451 25 guardians of children before any evaluations are
64186452 26 conducted. The Department of Early Childhood shall
64196453
64206454
64216455
64226456
64236457
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6425-
6426-
6427-HB5451 Engrossed- 182 -LRB103 39421 KTG 69604 b HB5451 Engrossed - 182 - LRB103 39421 KTG 69604 b
6428- HB5451 Engrossed - 182 - LRB103 39421 KTG 69604 b
6458+ HB5451 - 181 - LRB103 39421 KTG 69604 b
6459+
6460+
6461+HB5451- 182 -LRB103 39421 KTG 69604 b HB5451 - 182 - LRB103 39421 KTG 69604 b
6462+ HB5451 - 182 - LRB103 39421 KTG 69604 b
64296463 1 encourage local school districts and other eligible
64306464 2 entities to evaluate the population of preschool children
64316465 3 in their communities and provide preschool programs,
64326466 4 pursuant to this subsection, where appropriate.
64336467 5 (6) Through June 30, 2026, the The State Board of
64346468 6 Education shall report to the General Assembly by November
64356469 7 1, 2018 and every 2 years thereafter on the results and
64366470 8 progress of students who were enrolled in preschool
64376471 9 educational programs, including an assessment of which
64386472 10 programs have been most successful in promoting academic
64396473 11 excellence and alleviating academic failure. Through June
64406474 12 30, 2026, the The State Board of Education shall assess
64416475 13 the academic progress of all students who have been
64426476 14 enrolled in preschool educational programs.
64436477 15 Through fiscal year 2026, on On or before November 1
64446478 16 of each fiscal year in which the General Assembly provides
64456479 17 funding for new programs under paragraph (4.5) of this
64466480 18 Section, the State Board of Education shall report to the
64476481 19 General Assembly on what percentage of new funding was
64486482 20 provided to programs serving primarily at-risk children,
64496483 21 what percentage of new funding was provided to programs
64506484 22 serving primarily children with a family income of less
64516485 23 than 4 times the federal poverty level, and what
64526486 24 percentage of new funding was provided to other programs.
64536487 25 (6.1) On and after July 1, 2026, the Department of
64546488 26 Early Childhood shall report to the General Assembly by
64556489
64566490
64576491
64586492
64596493
6460- HB5451 Engrossed - 182 - LRB103 39421 KTG 69604 b
6461-
6462-
6463-HB5451 Engrossed- 183 -LRB103 39421 KTG 69604 b HB5451 Engrossed - 183 - LRB103 39421 KTG 69604 b
6464- HB5451 Engrossed - 183 - LRB103 39421 KTG 69604 b
6494+ HB5451 - 182 - LRB103 39421 KTG 69604 b
6495+
6496+
6497+HB5451- 183 -LRB103 39421 KTG 69604 b HB5451 - 183 - LRB103 39421 KTG 69604 b
6498+ HB5451 - 183 - LRB103 39421 KTG 69604 b
64656499 1 November 1, 2026 and every 2 years thereafter on the
64666500 2 results and progress of students who were enrolled in
64676501 3 preschool educational programs, including an assessment of
64686502 4 which programs have been most successful in promoting
64696503 5 academic excellence and alleviating academic failure. On
64706504 6 and after July 1, 2026, the Department of Early Childhood
64716505 7 shall assess the academic progress of all students who
64726506 8 have been enrolled in preschool educational programs.
64736507 9 Beginning in fiscal year 2027, on or before November 1 of
64746508 10 each fiscal year in which the General Assembly provides
64756509 11 funding for new programs under paragraph (4.5) of this
64766510 12 Section, the Department of Early Childhood shall report to
64776511 13 the General Assembly on what percentage of new funding was
64786512 14 provided to programs serving primarily at-risk children,
64796513 15 what percentage of new funding was provided to programs
64806514 16 serving primarily children with a family income of less
64816515 17 than 4 times the federal poverty level, and what
64826516 18 percentage of new funding was provided to other programs.
64836517 19 (7) Due to evidence that expulsion practices in the
64846518 20 preschool years are linked to poor child outcomes and are
64856519 21 employed inconsistently across racial and gender groups,
64866520 22 early childhood programs receiving State funds under this
64876521 23 subsection (a) shall prohibit expulsions. Planned
64886522 24 transitions to settings that are able to better meet a
64896523 25 child's needs are not considered expulsion under this
64906524 26 paragraph (7).
64916525
64926526
64936527
64946528
64956529
6496- HB5451 Engrossed - 183 - LRB103 39421 KTG 69604 b
6497-
6498-
6499-HB5451 Engrossed- 184 -LRB103 39421 KTG 69604 b HB5451 Engrossed - 184 - LRB103 39421 KTG 69604 b
6500- HB5451 Engrossed - 184 - LRB103 39421 KTG 69604 b
6530+ HB5451 - 183 - LRB103 39421 KTG 69604 b
6531+
6532+
6533+HB5451- 184 -LRB103 39421 KTG 69604 b HB5451 - 184 - LRB103 39421 KTG 69604 b
6534+ HB5451 - 184 - LRB103 39421 KTG 69604 b
65016535 1 (A) When persistent and serious challenging
65026536 2 behaviors emerge, the early childhood program shall
65036537 3 document steps taken to ensure that the child can
65046538 4 participate safely in the program; including
65056539 5 observations of initial and ongoing challenging
65066540 6 behaviors, strategies for remediation and intervention
65076541 7 plans to address the behaviors, and communication with
65086542 8 the parent or legal guardian, including participation
65096543 9 of the parent or legal guardian in planning and
65106544 10 decision-making.
65116545 11 (B) The early childhood program shall, with
65126546 12 parental or legal guardian consent as required,
65136547 13 utilize a range of community resources, if available
65146548 14 and deemed necessary, including, but not limited to,
65156549 15 developmental screenings, referrals to programs and
65166550 16 services administered by a local educational agency or
65176551 17 early intervention agency under Parts B and C of the
65186552 18 federal Individual with Disabilities Education Act,
65196553 19 and consultation with infant and early childhood
65206554 20 mental health consultants and the child's health care
65216555 21 provider. The program shall document attempts to
65226556 22 engage these resources, including parent or legal
65236557 23 guardian participation and consent attempted and
65246558 24 obtained. Communication with the parent or legal
65256559 25 guardian shall take place in a culturally and
65266560 26 linguistically competent manner.
65276561
65286562
65296563
65306564
65316565
6532- HB5451 Engrossed - 184 - LRB103 39421 KTG 69604 b
6533-
6534-
6535-HB5451 Engrossed- 185 -LRB103 39421 KTG 69604 b HB5451 Engrossed - 185 - LRB103 39421 KTG 69604 b
6536- HB5451 Engrossed - 185 - LRB103 39421 KTG 69604 b
6566+ HB5451 - 184 - LRB103 39421 KTG 69604 b
6567+
6568+
6569+HB5451- 185 -LRB103 39421 KTG 69604 b HB5451 - 185 - LRB103 39421 KTG 69604 b
6570+ HB5451 - 185 - LRB103 39421 KTG 69604 b
65376571 1 (C) If there is documented evidence that all
65386572 2 available interventions and supports recommended by a
65396573 3 qualified professional have been exhausted and the
65406574 4 program determines in its professional judgment that
65416575 5 transitioning a child to another program is necessary
65426576 6 for the well-being of the child or his or her peers and
65436577 7 staff, with parent or legal guardian permission, both
65446578 8 the current and pending programs shall create a
65456579 9 transition plan designed to ensure continuity of
65466580 10 services and the comprehensive development of the
65476581 11 child. Communication with families shall occur in a
65486582 12 culturally and linguistically competent manner.
65496583 13 (D) Nothing in this paragraph (7) shall preclude a
65506584 14 parent's or legal guardian's right to voluntarily
65516585 15 withdraw his or her child from an early childhood
65526586 16 program. Early childhood programs shall request and
65536587 17 keep on file, when received, a written statement from
65546588 18 the parent or legal guardian stating the reason for
65556589 19 his or her decision to withdraw his or her child.
65566590 20 (E) In the case of the determination of a serious
65576591 21 safety threat to a child or others or in the case of
65586592 22 behaviors listed in subsection (d) of Section 10-22.6
65596593 23 of this Code, the temporary removal of a child from
65606594 24 attendance in group settings may be used. Temporary
65616595 25 removal of a child from attendance in a group setting
65626596 26 shall trigger the process detailed in subparagraphs
65636597
65646598
65656599
65666600
65676601
6568- HB5451 Engrossed - 185 - LRB103 39421 KTG 69604 b
6569-
6570-
6571-HB5451 Engrossed- 186 -LRB103 39421 KTG 69604 b HB5451 Engrossed - 186 - LRB103 39421 KTG 69604 b
6572- HB5451 Engrossed - 186 - LRB103 39421 KTG 69604 b
6602+ HB5451 - 185 - LRB103 39421 KTG 69604 b
6603+
6604+
6605+HB5451- 186 -LRB103 39421 KTG 69604 b HB5451 - 186 - LRB103 39421 KTG 69604 b
6606+ HB5451 - 186 - LRB103 39421 KTG 69604 b
65736607 1 (A), (B), and (C) of this paragraph (7), with the child
65746608 2 placed back in a group setting as quickly as possible.
65756609 3 (F) Early childhood programs may utilize and the
65766610 4 Department of Early Childhood, State Board of
65776611 5 Education, the Department of Human Services, and the
65786612 6 Department of Children and Family Services shall
65796613 7 recommend training, technical support, and
65806614 8 professional development resources to improve the
65816615 9 ability of teachers, administrators, program
65826616 10 directors, and other staff to promote social-emotional
65836617 11 development and behavioral health, to address
65846618 12 challenging behaviors, and to understand trauma and
65856619 13 trauma-informed care, cultural competence, family
65866620 14 engagement with diverse populations, the impact of
65876621 15 implicit bias on adult behavior, and the use of
65886622 16 reflective practice techniques. Support shall include
65896623 17 the availability of resources to contract with infant
65906624 18 and early childhood mental health consultants.
65916625 19 (G) Through June 30, 2026 Beginning on July 1,
65926626 20 2018, early childhood programs shall annually report
65936627 21 to the State Board of Education, and, beginning in
65946628 22 fiscal year 2020, the State Board of Education shall
65956629 23 make available on a biennial basis, in an existing
65966630 24 report, all of the following data for children from
65976631 25 birth to age 5 who are served by the program:
65986632 26 (i) Total number served over the course of the
65996633
66006634
66016635
66026636
66036637
6604- HB5451 Engrossed - 186 - LRB103 39421 KTG 69604 b
6605-
6606-
6607-HB5451 Engrossed- 187 -LRB103 39421 KTG 69604 b HB5451 Engrossed - 187 - LRB103 39421 KTG 69604 b
6608- HB5451 Engrossed - 187 - LRB103 39421 KTG 69604 b
6638+ HB5451 - 186 - LRB103 39421 KTG 69604 b
6639+
6640+
6641+HB5451- 187 -LRB103 39421 KTG 69604 b HB5451 - 187 - LRB103 39421 KTG 69604 b
6642+ HB5451 - 187 - LRB103 39421 KTG 69604 b
66096643 1 program year and the total number of children who
66106644 2 left the program during the program year.
66116645 3 (ii) Number of planned transitions to another
66126646 4 program due to children's behavior, by children's
66136647 5 race, gender, disability, language, class/group
66146648 6 size, teacher-child ratio, and length of program
66156649 7 day.
66166650 8 (iii) Number of temporary removals of a child
66176651 9 from attendance in group settings due to a serious
66186652 10 safety threat under subparagraph (E) of this
66196653 11 paragraph (7), by children's race, gender,
66206654 12 disability, language, class/group size,
66216655 13 teacher-child ratio, and length of program day.
66226656 14 (iv) Hours of infant and early childhood
66236657 15 mental health consultant contact with program
66246658 16 leaders, staff, and families over the program
66256659 17 year.
66266660 18 (G-5) On and after July 1, 2026, early childhood
66276661 19 programs shall annually report to the Department of
66286662 20 Early Childhood, and beginning in fiscal year 2028,
66296663 21 the Department of Early Childhood shall make available
66306664 22 on a biennial basis, in a report, all of the following
66316665 23 data for children from birth to age 5 who are served by
66326666 24 the program:
66336667 25 (i) Total number served over the course of the
66346668 26 program year and the total number of children who
66356669
66366670
66376671
66386672
66396673
6640- HB5451 Engrossed - 187 - LRB103 39421 KTG 69604 b
6641-
6642-
6643-HB5451 Engrossed- 188 -LRB103 39421 KTG 69604 b HB5451 Engrossed - 188 - LRB103 39421 KTG 69604 b
6644- HB5451 Engrossed - 188 - LRB103 39421 KTG 69604 b
6674+ HB5451 - 187 - LRB103 39421 KTG 69604 b
6675+
6676+
6677+HB5451- 188 -LRB103 39421 KTG 69604 b HB5451 - 188 - LRB103 39421 KTG 69604 b
6678+ HB5451 - 188 - LRB103 39421 KTG 69604 b
66456679 1 left the program during the program year.
66466680 2 (ii) Number of planned transitions to another
66476681 3 program due to children's behavior, by children's
66486682 4 race, gender, disability, language, class/group
66496683 5 size, teacher-child ratio, and length of program
66506684 6 day.
66516685 7 (iii) Number of temporary removals of a child
66526686 8 from attendance in group settings due to a serious
66536687 9 safety threat under subparagraph (E) of this
66546688 10 paragraph (7), by children's race, gender,
66556689 11 disability, language, class/group size,
66566690 12 teacher-child ratio, and length of program day.
66576691 13 (iv) Hours of infant and early childhood
66586692 14 mental health consultant contact with program
66596693 15 leaders, staff, and families over the program
66606694 16 year.
66616695 17 (H) Changes to services for children with an
66626696 18 individualized education program or individual family
66636697 19 service plan shall be construed in a manner consistent
66646698 20 with the federal Individuals with Disabilities
66656699 21 Education Act.
66666700 22 The Department of Early Childhood State Board of
66676701 23 Education, in consultation with the Governor's Office of
66686702 24 Early Childhood Development and the Department of Children
66696703 25 and Family Services, shall adopt rules to administer this
66706704 26 paragraph (7).
66716705
66726706
66736707
66746708
66756709
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6677-
6678-
6679-HB5451 Engrossed- 189 -LRB103 39421 KTG 69604 b HB5451 Engrossed - 189 - LRB103 39421 KTG 69604 b
6680- HB5451 Engrossed - 189 - LRB103 39421 KTG 69604 b
6710+ HB5451 - 188 - LRB103 39421 KTG 69604 b
6711+
6712+
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6714+ HB5451 - 189 - LRB103 39421 KTG 69604 b
66816715 1 (b) (Blank).
66826716 2 (c) Notwithstanding any other provisions of this Section,
66836717 3 grantees may serve children ages 0 to 12 of essential workers
66846718 4 if the Governor has declared a disaster due to a public health
66856719 5 emergency pursuant to Section 7 of the Illinois Emergency
66866720 6 Management Agency Act. For the purposes of this subsection,
66876721 7 essential workers include those outlined in Executive Order
66886722 8 20-8 and school employees. The State Board of Education shall
66896723 9 adopt rules to administer this subsection.
66906724 10 (d) Paragraphs (a)(1), (a)(1.5), (a)(4.5), (a)(5),
66916725 11 (a)(5.1), (a)(6), and (a)(7) and subsection (c) of this
66926726 12 Section are inoperative on and after July 1, 2026.
66936727 13 (Source: P.A. 103-111, eff. 6-29-23.)
66946728 14 (105 ILCS 5/2-3.71a) (from Ch. 122, par. 2-3.71a)
66956729 15 Sec. 2-3.71a. Grants for early childhood parental training
66966730 16 programs. The State Board of Education shall implement and
66976731 17 administer a grant program consisting of grants to public
66986732 18 school districts and other eligible entities, as defined by
66996733 19 the State Board of Education, to conduct early childhood
67006734 20 parental training programs for the parents of children in the
67016735 21 period of life from birth to kindergarten. A public school
67026736 22 district that receives grants under this Section may contract
67036737 23 with other eligible entities to conduct an early childhood
67046738 24 parental training program. These grants must be used to
67056739 25 supplement, not supplant, funds received from any other
67066740
67076741
67086742
67096743
67106744
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6712-
6713-
6714-HB5451 Engrossed- 190 -LRB103 39421 KTG 69604 b HB5451 Engrossed - 190 - LRB103 39421 KTG 69604 b
6715- HB5451 Engrossed - 190 - LRB103 39421 KTG 69604 b
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6746+
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67166750 1 source. A school board or other eligible entity shall employ
67176751 2 appropriately qualified personnel for its early childhood
67186752 3 parental training program, including but not limited to
67196753 4 certified teachers, counselors, psychiatrists, psychologists
67206754 5 and social workers.
67216755 6 (a) As used in this Section, "parental training" means and
67226756 7 includes instruction in the following:
67236757 8 (1) Child growth and development, including prenatal
67246758 9 development.
67256759 10 (2) Childbirth and child care.
67266760 11 (3) Family structure, function and management.
67276761 12 (4) Prenatal and postnatal care for mothers and
67286762 13 infants.
67296763 14 (5) Prevention of child abuse.
67306764 15 (6) The physical, mental, emotional, social, economic
67316765 16 and psychological aspects of interpersonal and family
67326766 17 relationships.
67336767 18 (7) Parenting skill development.
67346768 19 The programs shall include activities that require
67356769 20 substantial participation and interaction between parent and
67366770 21 child.
67376771 22 (b) The Board shall annually award funds through a grant
67386772 23 approval process established by the State Board of Education,
67396773 24 providing that an annual appropriation is made for this
67406774 25 purpose from State, federal or private funds. Nothing in this
67416775 26 Section shall preclude school districts from applying for or
67426776
67436777
67446778
67456779
67466780
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6748-
6749-
6750-HB5451 Engrossed- 191 -LRB103 39421 KTG 69604 b HB5451 Engrossed - 191 - LRB103 39421 KTG 69604 b
6751- HB5451 Engrossed - 191 - LRB103 39421 KTG 69604 b
6781+ HB5451 - 190 - LRB103 39421 KTG 69604 b
6782+
6783+
6784+HB5451- 191 -LRB103 39421 KTG 69604 b HB5451 - 191 - LRB103 39421 KTG 69604 b
6785+ HB5451 - 191 - LRB103 39421 KTG 69604 b
67526786 1 accepting private funds to establish and implement programs.
67536787 2 (c) The State Board of Education shall assist those
67546788 3 districts and other eligible entities offering early childhood
67556789 4 parental training programs, upon request, in developing
67566790 5 instructional materials, training teachers and staff, and
67576791 6 establishing appropriate time allotments for each of the areas
67586792 7 included in such instruction.
67596793 8 (d) School districts and other eligible entities may offer
67606794 9 early childhood parental training courses during that period
67616795 10 of the day which is not part of the regular school day.
67626796 11 Residents of the community may enroll in such courses. The
67636797 12 school board or other eligible entity may establish fees and
67646798 13 collect such charges as may be necessary for attendance at
67656799 14 such courses in an amount not to exceed the per capita cost of
67666800 15 the operation thereof, except that the board or other eligible
67676801 16 entity may waive all or part of such charges if it determines
67686802 17 that the parent is indigent or that the educational needs of
67696803 18 the parent require his or her attendance at such courses.
67706804 19 (e) Parents who participate in early childhood parental
67716805 20 training programs under this Section may be eligible for
67726806 21 reasonable reimbursement of any incidental transportation and
67736807 22 child care expenses from the school district receiving funds
67746808 23 pursuant to this Section.
67756809 24 (f) Districts and other eligible entities receiving grants
67766810 25 pursuant to this Section shall coordinate programs created
67776811 26 under this Section with other preschool educational programs,
67786812
67796813
67806814
67816815
67826816
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6784-
6785-
6786-HB5451 Engrossed- 192 -LRB103 39421 KTG 69604 b HB5451 Engrossed - 192 - LRB103 39421 KTG 69604 b
6787- HB5451 Engrossed - 192 - LRB103 39421 KTG 69604 b
6817+ HB5451 - 191 - LRB103 39421 KTG 69604 b
6818+
6819+
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67886822 1 including "at-risk" preschool programs, special and vocational
67896823 2 education, and related services provided by other governmental
67906824 3 agencies and not-for-profit agencies.
67916825 4 (g) The State Board of Education shall report to the
67926826 5 General Assembly by July 1, 1991, on the results of the
67936827 6 programs funded pursuant to this Section and whether a need
67946828 7 continues for such programs.
67956829 8 (h) After July 1, 2006, any parental training services
67966830 9 funded pursuant to this Section on the effective date of this
67976831 10 amendatory Act of the 94th General Assembly shall continue to
67986832 11 be funded pursuant to this Section, subject to appropriation
67996833 12 and the meeting of program standards. Any additional parental
68006834 13 training services must be funded, subject to appropriation,
68016835 14 through preschool education grants pursuant to subdivision (4)
68026836 15 of subsection (a) of Section 2-3.71 of this Code for families
68036837 16 with children ages 3 to 5 and through prevention initiative
68046838 17 grants pursuant to subsection (b) of Section 2-3.89 of this
68056839 18 Code for expecting families and those with children from birth
68066840 19 to 3 years of age.
68076841 20 (i) Early childhood programs under this Section are
68086842 21 subject to the requirements under paragraph (7) of subsection
68096843 22 (a) of Section 2-3.71 of this Code.
68106844 23 (j) This Section is repealed on July 1, 2026.
68116845 24 (Source: P.A. 100-105, eff. 1-1-18.)
68126846 25 (105 ILCS 5/2-3.79) (from Ch. 122, par. 2-3.79)
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68236857 1 Sec. 2-3.79. Pilot programs and special education services
68246858 2 for preschool children with disabilities from birth to age 3.
68256859 3 The State Board of Education may enter into contracts with
68266860 4 public or not-for-profit private organizations or agencies to
68276861 5 establish model pilot programs which provide services to
68286862 6 children with disabilities from birth up to the age of 3 years.
68296863 7 Annual grants shall be awarded on a competitive basis pursuant
68306864 8 to established criteria provided that there is an annual
68316865 9 appropriation for this purpose. Public or not-for-profit
68326866 10 private organizations or agencies that are providing services
68336867 11 to children with disabilities up to the age of 3 years prior to
68346868 12 September 22, 1985 are eligible to receive grants awarded
68356869 13 pursuant to this Section.
68366870 14 Each pilot program shall include, but not be limited to: a
68376871 15 process for identification of infants with disabilities in the
68386872 16 region; community awareness of the project and the services
68396873 17 provided; an intervention system; methods to assess and
68406874 18 diagnose infants with disabilities; written individual
68416875 19 treatment programs that include parental involvement; an
68426876 20 interdisciplinary treatment approach to include other agencies
68436877 21 and not-for-profit organizations; and a written evaluation
68446878 22 submitted to the State Board of Education at the end of the
68456879 23 grant period.
68466880 24 An Interagency Coordination Council shall be established
68476881 25 consisting of a representative of the State Superintendent of
68486882 26 Education who shall serve as chairman, and one representative
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68596893 1 from the following departments appointed by the respective
68606894 2 directors or secretary: Children and Family Services, Public
68616895 3 Health, Human Services, Public Aid, and the Division of
68626896 4 Specialized Care for Children of the University of Illinois.
68636897 5 The council shall recommend criteria to the State Board of
68646898 6 Education for the awarding of grants pursuant to this Section
68656899 7 and shall assist in coordinating the services provided by
68666900 8 agencies to the children with disabilities described in this
68676901 9 Section.
68686902 10 A report containing recommendations concerning all of the
68696903 11 pilot programs shall be submitted by the State Board of
68706904 12 Education to the General Assembly by January of 1989. The
68716905 13 report which shall analyze the results of the pilot programs
68726906 14 funded under this Section and make recommendations concerning
68736907 15 existing and proposed programs shall include, but not be
68746908 16 limited to: recommendations for staff licensure and
68756909 17 qualifications; the number of children and families eligible
68766910 18 for services statewide; the cost of serving the children and
68776911 19 their families; the types of services to be provided; and
68786912 20 designs for the most effective delivery systems of these
68796913 21 services.
68806914 22 This Section is repealed on July 1, 2026.
68816915 23 (Source: P.A. 89-397, eff. 8-20-95; 89-507, eff. 7-1-97.)
68826916 24 (105 ILCS 5/2-3.89) (from Ch. 122, par. 2-3.89)
68836917 25 Sec. 2-3.89. Programs concerning services to at-risk
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68946928 1 children and their families.
68956929 2 (a) The State Board of Education may provide grants to
68966930 3 eligible entities, as defined by the State Board of Education,
68976931 4 to establish programs which offer coordinated services to
68986932 5 at-risk infants and toddlers and their families. Each program
68996933 6 shall include a parent education program relating to the
69006934 7 development and nurturing of infants and toddlers and case
69016935 8 management services to coordinate existing services available
69026936 9 in the region served by the program. These services shall be
69036937 10 provided through the implementation of an individual family
69046938 11 service plan. Each program will have a community involvement
69056939 12 component to provide coordination in the service system.
69066940 13 (b) The State Board of Education shall administer the
69076941 14 programs through the grants to public school districts and
69086942 15 other eligible entities. These grants must be used to
69096943 16 supplement, not supplant, funds received from any other
69106944 17 source. School districts and other eligible entities receiving
69116945 18 grants pursuant to this Section shall conduct voluntary,
69126946 19 intensive, research-based, and comprehensive prevention
69136947 20 services, as defined by the State Board of Education, for
69146948 21 expecting parents and families with children from birth to age
69156949 22 3 who are at-risk of academic failure. A public school
69166950 23 district that receives a grant under this Section may
69176951 24 subcontract with other eligible entities.
69186952 25 (c) The State Board of Education shall report to the
69196953 26 General Assembly by July 1, 2006 and every 2 years thereafter,
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69306964 1 using the most current data available, on the status of
69316965 2 programs funded under this Section, including without
69326966 3 limitation characteristics of participants, services
69336967 4 delivered, program models used, unmet needs, and results of
69346968 5 the programs funded.
69356969 6 (Source: P.A. 96-734, eff. 8-25-09.)
69366970 7 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
69376971 8 (Text of Section before amendment by P.A. 102-466)
69386972 9 Sec. 10-22.6. Suspension or expulsion of pupils; school
69396973 10 searches.
69406974 11 (a) To expel pupils guilty of gross disobedience or
69416975 12 misconduct, including gross disobedience or misconduct
69426976 13 perpetuated by electronic means, pursuant to subsection (b-20)
69436977 14 of this Section, and no action shall lie against them for such
69446978 15 expulsion. Expulsion shall take place only after the parents
69456979 16 have been requested to appear at a meeting of the board, or
69466980 17 with a hearing officer appointed by it, to discuss their
69476981 18 child's behavior. Such request shall be made by registered or
69486982 19 certified mail and shall state the time, place and purpose of
69496983 20 the meeting. The board, or a hearing officer appointed by it,
69506984 21 at such meeting shall state the reasons for dismissal and the
69516985 22 date on which the expulsion is to become effective. If a
69526986 23 hearing officer is appointed by the board, he shall report to
69536987 24 the board a written summary of the evidence heard at the
69546988 25 meeting and the board may take such action thereon as it finds
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69656999 1 appropriate. If the board acts to expel a pupil, the written
69667000 2 expulsion decision shall detail the specific reasons why
69677001 3 removing the pupil from the learning environment is in the
69687002 4 best interest of the school. The expulsion decision shall also
69697003 5 include a rationale as to the specific duration of the
69707004 6 expulsion. An expelled pupil may be immediately transferred to
69717005 7 an alternative program in the manner provided in Article 13A
69727006 8 or 13B of this Code. A pupil must not be denied transfer
69737007 9 because of the expulsion, except in cases in which such
69747008 10 transfer is deemed to cause a threat to the safety of students
69757009 11 or staff in the alternative program.
69767010 12 (b) To suspend or by policy to authorize the
69777011 13 superintendent of the district or the principal, assistant
69787012 14 principal, or dean of students of any school to suspend pupils
69797013 15 guilty of gross disobedience or misconduct, or to suspend
69807014 16 pupils guilty of gross disobedience or misconduct on the
69817015 17 school bus from riding the school bus, pursuant to subsections
69827016 18 (b-15) and (b-20) of this Section, and no action shall lie
69837017 19 against them for such suspension. The board may by policy
69847018 20 authorize the superintendent of the district or the principal,
69857019 21 assistant principal, or dean of students of any school to
69867020 22 suspend pupils guilty of such acts for a period not to exceed
69877021 23 10 school days. If a pupil is suspended due to gross
69887022 24 disobedience or misconduct on a school bus, the board may
69897023 25 suspend the pupil in excess of 10 school days for safety
69907024 26 reasons.
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70017035 1 Any suspension shall be reported immediately to the
70027036 2 parents or guardian of a pupil along with a full statement of
70037037 3 the reasons for such suspension and a notice of their right to
70047038 4 a review. The school board must be given a summary of the
70057039 5 notice, including the reason for the suspension and the
70067040 6 suspension length. Upon request of the parents or guardian,
70077041 7 the school board or a hearing officer appointed by it shall
70087042 8 review such action of the superintendent or principal,
70097043 9 assistant principal, or dean of students. At such review, the
70107044 10 parents or guardian of the pupil may appear and discuss the
70117045 11 suspension with the board or its hearing officer. If a hearing
70127046 12 officer is appointed by the board, he shall report to the board
70137047 13 a written summary of the evidence heard at the meeting. After
70147048 14 its hearing or upon receipt of the written report of its
70157049 15 hearing officer, the board may take such action as it finds
70167050 16 appropriate. If a student is suspended pursuant to this
70177051 17 subsection (b), the board shall, in the written suspension
70187052 18 decision, detail the specific act of gross disobedience or
70197053 19 misconduct resulting in the decision to suspend. The
70207054 20 suspension decision shall also include a rationale as to the
70217055 21 specific duration of the suspension. A pupil who is suspended
70227056 22 in excess of 20 school days may be immediately transferred to
70237057 23 an alternative program in the manner provided in Article 13A
70247058 24 or 13B of this Code. A pupil must not be denied transfer
70257059 25 because of the suspension, except in cases in which such
70267060 26 transfer is deemed to cause a threat to the safety of students
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70377071 1 or staff in the alternative program.
70387072 2 (b-5) Among the many possible disciplinary interventions
70397073 3 and consequences available to school officials, school
70407074 4 exclusions, such as out-of-school suspensions and expulsions,
70417075 5 are the most serious. School officials shall limit the number
70427076 6 and duration of expulsions and suspensions to the greatest
70437077 7 extent practicable, and it is recommended that they use them
70447078 8 only for legitimate educational purposes. To ensure that
70457079 9 students are not excluded from school unnecessarily, it is
70467080 10 recommended that school officials consider forms of
70477081 11 non-exclusionary discipline prior to using out-of-school
70487082 12 suspensions or expulsions.
70497083 13 (b-10) Unless otherwise required by federal law or this
70507084 14 Code, school boards may not institute zero-tolerance policies
70517085 15 by which school administrators are required to suspend or
70527086 16 expel students for particular behaviors.
70537087 17 (b-15) Out-of-school suspensions of 3 days or less may be
70547088 18 used only if the student's continuing presence in school would
70557089 19 pose a threat to school safety or a disruption to other
70567090 20 students' learning opportunities. For purposes of this
70577091 21 subsection (b-15), "threat to school safety or a disruption to
70587092 22 other students' learning opportunities" shall be determined on
70597093 23 a case-by-case basis by the school board or its designee.
70607094 24 School officials shall make all reasonable efforts to resolve
70617095 25 such threats, address such disruptions, and minimize the
70627096 26 length of suspensions to the greatest extent practicable.
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70737107 1 (b-20) Unless otherwise required by this Code,
70747108 2 out-of-school suspensions of longer than 3 days, expulsions,
70757109 3 and disciplinary removals to alternative schools may be used
70767110 4 only if other appropriate and available behavioral and
70777111 5 disciplinary interventions have been exhausted and the
70787112 6 student's continuing presence in school would either (i) pose
70797113 7 a threat to the safety of other students, staff, or members of
70807114 8 the school community or (ii) substantially disrupt, impede, or
70817115 9 interfere with the operation of the school. For purposes of
70827116 10 this subsection (b-20), "threat to the safety of other
70837117 11 students, staff, or members of the school community" and
70847118 12 "substantially disrupt, impede, or interfere with the
70857119 13 operation of the school" shall be determined on a case-by-case
70867120 14 basis by school officials. For purposes of this subsection
70877121 15 (b-20), the determination of whether "appropriate and
70887122 16 available behavioral and disciplinary interventions have been
70897123 17 exhausted" shall be made by school officials. School officials
70907124 18 shall make all reasonable efforts to resolve such threats,
70917125 19 address such disruptions, and minimize the length of student
70927126 20 exclusions to the greatest extent practicable. Within the
70937127 21 suspension decision described in subsection (b) of this
70947128 22 Section or the expulsion decision described in subsection (a)
70957129 23 of this Section, it shall be documented whether other
70967130 24 interventions were attempted or whether it was determined that
70977131 25 there were no other appropriate and available interventions.
70987132 26 (b-25) Students who are suspended out-of-school for longer
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71097143 1 than 4 school days shall be provided appropriate and available
71107144 2 support services during the period of their suspension. For
71117145 3 purposes of this subsection (b-25), "appropriate and available
71127146 4 support services" shall be determined by school authorities.
71137147 5 Within the suspension decision described in subsection (b) of
71147148 6 this Section, it shall be documented whether such services are
71157149 7 to be provided or whether it was determined that there are no
71167150 8 such appropriate and available services.
71177151 9 A school district may refer students who are expelled to
71187152 10 appropriate and available support services.
71197153 11 A school district shall create a policy to facilitate the
71207154 12 re-engagement of students who are suspended out-of-school,
71217155 13 expelled, or returning from an alternative school setting.
71227156 14 (b-30) A school district shall create a policy by which
71237157 15 suspended pupils, including those pupils suspended from the
71247158 16 school bus who do not have alternate transportation to school,
71257159 17 shall have the opportunity to make up work for equivalent
71267160 18 academic credit. It shall be the responsibility of a pupil's
71277161 19 parent or guardian to notify school officials that a pupil
71287162 20 suspended from the school bus does not have alternate
71297163 21 transportation to school.
71307164 22 (c) A school board must invite a representative from a
71317165 23 local mental health agency to consult with the board at the
71327166 24 meeting whenever there is evidence that mental illness may be
71337167 25 the cause of a student's expulsion or suspension.
71347168 26 (c-5) School districts shall make reasonable efforts to
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71457179 1 provide ongoing professional development to teachers,
71467180 2 administrators, school board members, school resource
71477181 3 officers, and staff on the adverse consequences of school
71487182 4 exclusion and justice-system involvement, effective classroom
71497183 5 management strategies, culturally responsive discipline, the
71507184 6 appropriate and available supportive services for the
71517185 7 promotion of student attendance and engagement, and
71527186 8 developmentally appropriate disciplinary methods that promote
71537187 9 positive and healthy school climates.
71547188 10 (d) The board may expel a student for a definite period of
71557189 11 time not to exceed 2 calendar years, as determined on a
71567190 12 case-by-case basis. A student who is determined to have
71577191 13 brought one of the following objects to school, any
71587192 14 school-sponsored activity or event, or any activity or event
71597193 15 that bears a reasonable relationship to school shall be
71607194 16 expelled for a period of not less than one year:
71617195 17 (1) A firearm. For the purposes of this Section,
71627196 18 "firearm" means any gun, rifle, shotgun, weapon as defined
71637197 19 by Section 921 of Title 18 of the United States Code,
71647198 20 firearm as defined in Section 1.1 of the Firearm Owners
71657199 21 Identification Card Act, or firearm as defined in Section
71667200 22 24-1 of the Criminal Code of 2012. The expulsion period
71677201 23 under this subdivision (1) may be modified by the
71687202 24 superintendent, and the superintendent's determination may
71697203 25 be modified by the board on a case-by-case basis.
71707204 26 (2) A knife, brass knuckles or other knuckle weapon
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71817215 1 regardless of its composition, a billy club, or any other
71827216 2 object if used or attempted to be used to cause bodily
71837217 3 harm, including "look alikes" of any firearm as defined in
71847218 4 subdivision (1) of this subsection (d). The expulsion
71857219 5 requirement under this subdivision (2) may be modified by
71867220 6 the superintendent, and the superintendent's determination
71877221 7 may be modified by the board on a case-by-case basis.
71887222 8 Expulsion or suspension shall be construed in a manner
71897223 9 consistent with the federal Individuals with Disabilities
71907224 10 Education Act. A student who is subject to suspension or
71917225 11 expulsion as provided in this Section may be eligible for a
71927226 12 transfer to an alternative school program in accordance with
71937227 13 Article 13A of the School Code.
71947228 14 (d-5) The board may suspend or by regulation authorize the
71957229 15 superintendent of the district or the principal, assistant
71967230 16 principal, or dean of students of any school to suspend a
71977231 17 student for a period not to exceed 10 school days or may expel
71987232 18 a student for a definite period of time not to exceed 2
71997233 19 calendar years, as determined on a case-by-case basis, if (i)
72007234 20 that student has been determined to have made an explicit
72017235 21 threat on an Internet website against a school employee, a
72027236 22 student, or any school-related personnel, (ii) the Internet
72037237 23 website through which the threat was made is a site that was
72047238 24 accessible within the school at the time the threat was made or
72057239 25 was available to third parties who worked or studied within
72067240 26 the school grounds at the time the threat was made, and (iii)
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72177251 1 the threat could be reasonably interpreted as threatening to
72187252 2 the safety and security of the threatened individual because
72197253 3 of his or her duties or employment status or status as a
72207254 4 student inside the school.
72217255 5 (e) To maintain order and security in the schools, school
72227256 6 authorities may inspect and search places and areas such as
72237257 7 lockers, desks, parking lots, and other school property and
72247258 8 equipment owned or controlled by the school, as well as
72257259 9 personal effects left in those places and areas by students,
72267260 10 without notice to or the consent of the student, and without a
72277261 11 search warrant. As a matter of public policy, the General
72287262 12 Assembly finds that students have no reasonable expectation of
72297263 13 privacy in these places and areas or in their personal effects
72307264 14 left in these places and areas. School authorities may request
72317265 15 the assistance of law enforcement officials for the purpose of
72327266 16 conducting inspections and searches of lockers, desks, parking
72337267 17 lots, and other school property and equipment owned or
72347268 18 controlled by the school for illegal drugs, weapons, or other
72357269 19 illegal or dangerous substances or materials, including
72367270 20 searches conducted through the use of specially trained dogs.
72377271 21 If a search conducted in accordance with this Section produces
72387272 22 evidence that the student has violated or is violating either
72397273 23 the law, local ordinance, or the school's policies or rules,
72407274 24 such evidence may be seized by school authorities, and
72417275 25 disciplinary action may be taken. School authorities may also
72427276 26 turn over such evidence to law enforcement authorities.
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72537287 1 (f) Suspension or expulsion may include suspension or
72547288 2 expulsion from school and all school activities and a
72557289 3 prohibition from being present on school grounds.
72567290 4 (g) A school district may adopt a policy providing that if
72577291 5 a student is suspended or expelled for any reason from any
72587292 6 public or private school in this or any other state, the
72597293 7 student must complete the entire term of the suspension or
72607294 8 expulsion in an alternative school program under Article 13A
72617295 9 of this Code or an alternative learning opportunities program
72627296 10 under Article 13B of this Code before being admitted into the
72637297 11 school district if there is no threat to the safety of students
72647298 12 or staff in the alternative program.
72657299 13 (h) School officials shall not advise or encourage
72667300 14 students to drop out voluntarily due to behavioral or academic
72677301 15 difficulties.
72687302 16 (i) A student may not be issued a monetary fine or fee as a
72697303 17 disciplinary consequence, though this shall not preclude
72707304 18 requiring a student to provide restitution for lost, stolen,
72717305 19 or damaged property.
72727306 20 (j) Subsections (a) through (i) of this Section shall
72737307 21 apply to elementary and secondary schools, charter schools,
72747308 22 special charter districts, and school districts organized
72757309 23 under Article 34 of this Code.
72767310 24 (k) The expulsion of children enrolled in programs funded
72777311 25 under Section 1C-2 of this Code is subject to the requirements
72787312 26 under paragraph (7) of subsection (a) of Section 2-3.71 of
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72897323 1 this Code.
72907324 2 (l) Beginning with the 2018-2019 school year, an in-school
72917325 3 suspension program provided by a school district for any
72927326 4 students in kindergarten through grade 12 may focus on
72937327 5 promoting non-violent conflict resolution and positive
72947328 6 interaction with other students and school personnel. A school
72957329 7 district may employ a school social worker or a licensed
72967330 8 mental health professional to oversee an in-school suspension
72977331 9 program in kindergarten through grade 12.
72987332 10 (Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21;
72997333 11 102-813, eff. 5-13-22.)
73007334 12 (Text of Section after amendment by P.A. 102-466)
73017335 13 Sec. 10-22.6. Suspension or expulsion of pupils; school
73027336 14 searches.
73037337 15 (a) To expel pupils guilty of gross disobedience or
73047338 16 misconduct, including gross disobedience or misconduct
73057339 17 perpetuated by electronic means, pursuant to subsection (b-20)
73067340 18 of this Section, and no action shall lie against them for such
73077341 19 expulsion. Expulsion shall take place only after the parents
73087342 20 or guardians have been requested to appear at a meeting of the
73097343 21 board, or with a hearing officer appointed by it, to discuss
73107344 22 their child's behavior. Such request shall be made by
73117345 23 registered or certified mail and shall state the time, place
73127346 24 and purpose of the meeting. The board, or a hearing officer
73137347 25 appointed by it, at such meeting shall state the reasons for
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73247358 1 dismissal and the date on which the expulsion is to become
73257359 2 effective. If a hearing officer is appointed by the board, he
73267360 3 shall report to the board a written summary of the evidence
73277361 4 heard at the meeting and the board may take such action thereon
73287362 5 as it finds appropriate. If the board acts to expel a pupil,
73297363 6 the written expulsion decision shall detail the specific
73307364 7 reasons why removing the pupil from the learning environment
73317365 8 is in the best interest of the school. The expulsion decision
73327366 9 shall also include a rationale as to the specific duration of
73337367 10 the expulsion. An expelled pupil may be immediately
73347368 11 transferred to an alternative program in the manner provided
73357369 12 in Article 13A or 13B of this Code. A pupil must not be denied
73367370 13 transfer because of the expulsion, except in cases in which
73377371 14 such transfer is deemed to cause a threat to the safety of
73387372 15 students or staff in the alternative program.
73397373 16 (b) To suspend or by policy to authorize the
73407374 17 superintendent of the district or the principal, assistant
73417375 18 principal, or dean of students of any school to suspend pupils
73427376 19 guilty of gross disobedience or misconduct, or to suspend
73437377 20 pupils guilty of gross disobedience or misconduct on the
73447378 21 school bus from riding the school bus, pursuant to subsections
73457379 22 (b-15) and (b-20) of this Section, and no action shall lie
73467380 23 against them for such suspension. The board may by policy
73477381 24 authorize the superintendent of the district or the principal,
73487382 25 assistant principal, or dean of students of any school to
73497383 26 suspend pupils guilty of such acts for a period not to exceed
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73607394 1 10 school days. If a pupil is suspended due to gross
73617395 2 disobedience or misconduct on a school bus, the board may
73627396 3 suspend the pupil in excess of 10 school days for safety
73637397 4 reasons.
73647398 5 Any suspension shall be reported immediately to the
73657399 6 parents or guardians of a pupil along with a full statement of
73667400 7 the reasons for such suspension and a notice of their right to
73677401 8 a review. The school board must be given a summary of the
73687402 9 notice, including the reason for the suspension and the
73697403 10 suspension length. Upon request of the parents or guardians,
73707404 11 the school board or a hearing officer appointed by it shall
73717405 12 review such action of the superintendent or principal,
73727406 13 assistant principal, or dean of students. At such review, the
73737407 14 parents or guardians of the pupil may appear and discuss the
73747408 15 suspension with the board or its hearing officer. If a hearing
73757409 16 officer is appointed by the board, he shall report to the board
73767410 17 a written summary of the evidence heard at the meeting. After
73777411 18 its hearing or upon receipt of the written report of its
73787412 19 hearing officer, the board may take such action as it finds
73797413 20 appropriate. If a student is suspended pursuant to this
73807414 21 subsection (b), the board shall, in the written suspension
73817415 22 decision, detail the specific act of gross disobedience or
73827416 23 misconduct resulting in the decision to suspend. The
73837417 24 suspension decision shall also include a rationale as to the
73847418 25 specific duration of the suspension. A pupil who is suspended
73857419 26 in excess of 20 school days may be immediately transferred to
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73967430 1 an alternative program in the manner provided in Article 13A
73977431 2 or 13B of this Code. A pupil must not be denied transfer
73987432 3 because of the suspension, except in cases in which such
73997433 4 transfer is deemed to cause a threat to the safety of students
74007434 5 or staff in the alternative program.
74017435 6 (b-5) Among the many possible disciplinary interventions
74027436 7 and consequences available to school officials, school
74037437 8 exclusions, such as out-of-school suspensions and expulsions,
74047438 9 are the most serious. School officials shall limit the number
74057439 10 and duration of expulsions and suspensions to the greatest
74067440 11 extent practicable, and it is recommended that they use them
74077441 12 only for legitimate educational purposes. To ensure that
74087442 13 students are not excluded from school unnecessarily, it is
74097443 14 recommended that school officials consider forms of
74107444 15 non-exclusionary discipline prior to using out-of-school
74117445 16 suspensions or expulsions.
74127446 17 (b-10) Unless otherwise required by federal law or this
74137447 18 Code, school boards may not institute zero-tolerance policies
74147448 19 by which school administrators are required to suspend or
74157449 20 expel students for particular behaviors.
74167450 21 (b-15) Out-of-school suspensions of 3 days or less may be
74177451 22 used only if the student's continuing presence in school would
74187452 23 pose a threat to school safety or a disruption to other
74197453 24 students' learning opportunities. For purposes of this
74207454 25 subsection (b-15), "threat to school safety or a disruption to
74217455 26 other students' learning opportunities" shall be determined on
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74327466 1 a case-by-case basis by the school board or its designee.
74337467 2 School officials shall make all reasonable efforts to resolve
74347468 3 such threats, address such disruptions, and minimize the
74357469 4 length of suspensions to the greatest extent practicable.
74367470 5 (b-20) Unless otherwise required by this Code,
74377471 6 out-of-school suspensions of longer than 3 days, expulsions,
74387472 7 and disciplinary removals to alternative schools may be used
74397473 8 only if other appropriate and available behavioral and
74407474 9 disciplinary interventions have been exhausted and the
74417475 10 student's continuing presence in school would either (i) pose
74427476 11 a threat to the safety of other students, staff, or members of
74437477 12 the school community or (ii) substantially disrupt, impede, or
74447478 13 interfere with the operation of the school. For purposes of
74457479 14 this subsection (b-20), "threat to the safety of other
74467480 15 students, staff, or members of the school community" and
74477481 16 "substantially disrupt, impede, or interfere with the
74487482 17 operation of the school" shall be determined on a case-by-case
74497483 18 basis by school officials. For purposes of this subsection
74507484 19 (b-20), the determination of whether "appropriate and
74517485 20 available behavioral and disciplinary interventions have been
74527486 21 exhausted" shall be made by school officials. School officials
74537487 22 shall make all reasonable efforts to resolve such threats,
74547488 23 address such disruptions, and minimize the length of student
74557489 24 exclusions to the greatest extent practicable. Within the
74567490 25 suspension decision described in subsection (b) of this
74577491 26 Section or the expulsion decision described in subsection (a)
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74687502 1 of this Section, it shall be documented whether other
74697503 2 interventions were attempted or whether it was determined that
74707504 3 there were no other appropriate and available interventions.
74717505 4 (b-25) Students who are suspended out-of-school for longer
74727506 5 than 4 school days shall be provided appropriate and available
74737507 6 support services during the period of their suspension. For
74747508 7 purposes of this subsection (b-25), "appropriate and available
74757509 8 support services" shall be determined by school authorities.
74767510 9 Within the suspension decision described in subsection (b) of
74777511 10 this Section, it shall be documented whether such services are
74787512 11 to be provided or whether it was determined that there are no
74797513 12 such appropriate and available services.
74807514 13 A school district may refer students who are expelled to
74817515 14 appropriate and available support services.
74827516 15 A school district shall create a policy to facilitate the
74837517 16 re-engagement of students who are suspended out-of-school,
74847518 17 expelled, or returning from an alternative school setting.
74857519 18 (b-30) A school district shall create a policy by which
74867520 19 suspended pupils, including those pupils suspended from the
74877521 20 school bus who do not have alternate transportation to school,
74887522 21 shall have the opportunity to make up work for equivalent
74897523 22 academic credit. It shall be the responsibility of a pupil's
74907524 23 parents or guardians to notify school officials that a pupil
74917525 24 suspended from the school bus does not have alternate
74927526 25 transportation to school.
74937527 26 (b-35) In all suspension review hearings conducted under
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75047538 1 subsection (b) or expulsion hearings conducted under
75057539 2 subsection (a), a student may disclose any factor to be
75067540 3 considered in mitigation, including his or her status as a
75077541 4 parent, expectant parent, or victim of domestic or sexual
75087542 5 violence, as defined in Article 26A. A representative of the
75097543 6 parent's or guardian's choice, or of the student's choice if
75107544 7 emancipated, must be permitted to represent the student
75117545 8 throughout the proceedings and to address the school board or
75127546 9 its appointed hearing officer. With the approval of the
75137547 10 student's parent or guardian, or of the student if
75147548 11 emancipated, a support person must be permitted to accompany
75157549 12 the student to any disciplinary hearings or proceedings. The
75167550 13 representative or support person must comply with any rules of
75177551 14 the school district's hearing process. If the representative
75187552 15 or support person violates the rules or engages in behavior or
75197553 16 advocacy that harasses, abuses, or intimidates either party, a
75207554 17 witness, or anyone else in attendance at the hearing, the
75217555 18 representative or support person may be prohibited from
75227556 19 further participation in the hearing or proceeding. A
75237557 20 suspension or expulsion proceeding under this subsection
75247558 21 (b-35) must be conducted independently from any ongoing
75257559 22 criminal investigation or proceeding, and an absence of
75267560 23 pending or possible criminal charges, criminal investigations,
75277561 24 or proceedings may not be a factor in school disciplinary
75287562 25 decisions.
75297563 26 (b-40) During a suspension review hearing conducted under
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75407574 1 subsection (b) or an expulsion hearing conducted under
75417575 2 subsection (a) that involves allegations of sexual violence by
75427576 3 the student who is subject to discipline, neither the student
75437577 4 nor his or her representative shall directly question nor have
75447578 5 direct contact with the alleged victim. The student who is
75457579 6 subject to discipline or his or her representative may, at the
75467580 7 discretion and direction of the school board or its appointed
75477581 8 hearing officer, suggest questions to be posed by the school
75487582 9 board or its appointed hearing officer to the alleged victim.
75497583 10 (c) A school board must invite a representative from a
75507584 11 local mental health agency to consult with the board at the
75517585 12 meeting whenever there is evidence that mental illness may be
75527586 13 the cause of a student's expulsion or suspension.
75537587 14 (c-5) School districts shall make reasonable efforts to
75547588 15 provide ongoing professional development to teachers,
75557589 16 administrators, school board members, school resource
75567590 17 officers, and staff on the adverse consequences of school
75577591 18 exclusion and justice-system involvement, effective classroom
75587592 19 management strategies, culturally responsive discipline, the
75597593 20 appropriate and available supportive services for the
75607594 21 promotion of student attendance and engagement, and
75617595 22 developmentally appropriate disciplinary methods that promote
75627596 23 positive and healthy school climates.
75637597 24 (d) The board may expel a student for a definite period of
75647598 25 time not to exceed 2 calendar years, as determined on a
75657599 26 case-by-case basis. A student who is determined to have
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75767610 1 brought one of the following objects to school, any
75777611 2 school-sponsored activity or event, or any activity or event
75787612 3 that bears a reasonable relationship to school shall be
75797613 4 expelled for a period of not less than one year:
75807614 5 (1) A firearm. For the purposes of this Section,
75817615 6 "firearm" means any gun, rifle, shotgun, weapon as defined
75827616 7 by Section 921 of Title 18 of the United States Code,
75837617 8 firearm as defined in Section 1.1 of the Firearm Owners
75847618 9 Identification Card Act, or firearm as defined in Section
75857619 10 24-1 of the Criminal Code of 2012. The expulsion period
75867620 11 under this subdivision (1) may be modified by the
75877621 12 superintendent, and the superintendent's determination may
75887622 13 be modified by the board on a case-by-case basis.
75897623 14 (2) A knife, brass knuckles or other knuckle weapon
75907624 15 regardless of its composition, a billy club, or any other
75917625 16 object if used or attempted to be used to cause bodily
75927626 17 harm, including "look alikes" of any firearm as defined in
75937627 18 subdivision (1) of this subsection (d). The expulsion
75947628 19 requirement under this subdivision (2) may be modified by
75957629 20 the superintendent, and the superintendent's determination
75967630 21 may be modified by the board on a case-by-case basis.
75977631 22 Expulsion or suspension shall be construed in a manner
75987632 23 consistent with the federal Individuals with Disabilities
75997633 24 Education Act. A student who is subject to suspension or
76007634 25 expulsion as provided in this Section may be eligible for a
76017635 26 transfer to an alternative school program in accordance with
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76127646 1 Article 13A of the School Code.
76137647 2 (d-5) The board may suspend or by regulation authorize the
76147648 3 superintendent of the district or the principal, assistant
76157649 4 principal, or dean of students of any school to suspend a
76167650 5 student for a period not to exceed 10 school days or may expel
76177651 6 a student for a definite period of time not to exceed 2
76187652 7 calendar years, as determined on a case-by-case basis, if (i)
76197653 8 that student has been determined to have made an explicit
76207654 9 threat on an Internet website against a school employee, a
76217655 10 student, or any school-related personnel, (ii) the Internet
76227656 11 website through which the threat was made is a site that was
76237657 12 accessible within the school at the time the threat was made or
76247658 13 was available to third parties who worked or studied within
76257659 14 the school grounds at the time the threat was made, and (iii)
76267660 15 the threat could be reasonably interpreted as threatening to
76277661 16 the safety and security of the threatened individual because
76287662 17 of his or her duties or employment status or status as a
76297663 18 student inside the school.
76307664 19 (e) To maintain order and security in the schools, school
76317665 20 authorities may inspect and search places and areas such as
76327666 21 lockers, desks, parking lots, and other school property and
76337667 22 equipment owned or controlled by the school, as well as
76347668 23 personal effects left in those places and areas by students,
76357669 24 without notice to or the consent of the student, and without a
76367670 25 search warrant. As a matter of public policy, the General
76377671 26 Assembly finds that students have no reasonable expectation of
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76487682 1 privacy in these places and areas or in their personal effects
76497683 2 left in these places and areas. School authorities may request
76507684 3 the assistance of law enforcement officials for the purpose of
76517685 4 conducting inspections and searches of lockers, desks, parking
76527686 5 lots, and other school property and equipment owned or
76537687 6 controlled by the school for illegal drugs, weapons, or other
76547688 7 illegal or dangerous substances or materials, including
76557689 8 searches conducted through the use of specially trained dogs.
76567690 9 If a search conducted in accordance with this Section produces
76577691 10 evidence that the student has violated or is violating either
76587692 11 the law, local ordinance, or the school's policies or rules,
76597693 12 such evidence may be seized by school authorities, and
76607694 13 disciplinary action may be taken. School authorities may also
76617695 14 turn over such evidence to law enforcement authorities.
76627696 15 (f) Suspension or expulsion may include suspension or
76637697 16 expulsion from school and all school activities and a
76647698 17 prohibition from being present on school grounds.
76657699 18 (g) A school district may adopt a policy providing that if
76667700 19 a student is suspended or expelled for any reason from any
76677701 20 public or private school in this or any other state, the
76687702 21 student must complete the entire term of the suspension or
76697703 22 expulsion in an alternative school program under Article 13A
76707704 23 of this Code or an alternative learning opportunities program
76717705 24 under Article 13B of this Code before being admitted into the
76727706 25 school district if there is no threat to the safety of students
76737707 26 or staff in the alternative program. A school district that
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76847718 1 adopts a policy under this subsection (g) must include a
76857719 2 provision allowing for consideration of any mitigating
76867720 3 factors, including, but not limited to, a student's status as
76877721 4 a parent, expectant parent, or victim of domestic or sexual
76887722 5 violence, as defined in Article 26A.
76897723 6 (h) School officials shall not advise or encourage
76907724 7 students to drop out voluntarily due to behavioral or academic
76917725 8 difficulties.
76927726 9 (i) A student may not be issued a monetary fine or fee as a
76937727 10 disciplinary consequence, though this shall not preclude
76947728 11 requiring a student to provide restitution for lost, stolen,
76957729 12 or damaged property.
76967730 13 (j) Subsections (a) through (i) of this Section shall
76977731 14 apply to elementary and secondary schools, charter schools,
76987732 15 special charter districts, and school districts organized
76997733 16 under Article 34 of this Code.
77007734 17 (k) Through June 30, 2026, the The expulsion of children
77017735 18 enrolled in programs funded under Section 1C-2 of this Code is
77027736 19 subject to the requirements under paragraph (7) of subsection
77037737 20 (a) of Section 2-3.71 of this Code.
77047738 21 (k-5) On and after July 1, 2026, the expulsion of children
77057739 22 enrolled in programs funded under Section 15-25 is subject to
77067740 23 the requirements of paragraph (7) of subsection (a) of Section
77077741 24 15-30 of the Department of Early Childhood Act.
77087742 25 (l) Beginning with the 2018-2019 school year, an in-school
77097743 26 suspension program provided by a school district for any
77107744
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77207754 1 students in kindergarten through grade 12 may focus on
77217755 2 promoting non-violent conflict resolution and positive
77227756 3 interaction with other students and school personnel. A school
77237757 4 district may employ a school social worker or a licensed
77247758 5 mental health professional to oversee an in-school suspension
77257759 6 program in kindergarten through grade 12.
77267760 7 (Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25;
77277761 8 102-539, eff. 8-20-21; 102-813, eff. 5-13-22.)
77287762 9 (105 ILCS 5/21B-50)
77297763 10 Sec. 21B-50. Alternative Educator Licensure Program for
77307764 11 Teachers.
77317765 12 (a) There is established an alternative educator licensure
77327766 13 program, to be known as the Alternative Educator Licensure
77337767 14 Program for Teachers.
77347768 15 (b) The Alternative Educator Licensure Program for
77357769 16 Teachers may be offered by a recognized institution approved
77367770 17 to offer educator preparation programs by the State Board of
77377771 18 Education, in consultation with the State Educator Preparation
77387772 19 and Licensure Board.
77397773 20 The program shall be comprised of up to 3 phases:
77407774 21 (1) A course of study that at a minimum includes
77417775 22 instructional planning; instructional strategies,
77427776 23 including special education, reading, and English language
77437777 24 learning; classroom management; and the assessment of
77447778 25 students and use of data to drive instruction.
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77557789 1 (2) A year of residency, which is a candidate's
77567790 2 assignment to a full-time teaching position or as a
77577791 3 co-teacher for one full school year. An individual must
77587792 4 hold an Educator License with Stipulations with an
77597793 5 alternative provisional educator endorsement in order to
77607794 6 enter the residency. In residency, the candidate must: be
77617795 7 assigned an effective, fully licensed teacher by the
77627796 8 principal or principal equivalent to act as a mentor and
77637797 9 coach the candidate through residency, complete additional
77647798 10 program requirements that address required State and
77657799 11 national standards, pass the State Board's teacher
77667800 12 performance assessment, if required under Section 21B-30,
77677801 13 and be recommended by the principal or qualified
77687802 14 equivalent of a principal, as required under subsection
77697803 15 (d) of this Section, and the program coordinator to be
77707804 16 recommended for full licensure or to continue with a
77717805 17 second year of the residency.
77727806 18 (3) (Blank).
77737807 19 (4) A comprehensive assessment of the candidate's
77747808 20 teaching effectiveness, as evaluated by the principal or
77757809 21 qualified equivalent of a principal, as required under
77767810 22 subsection (d) of this Section, and the program
77777811 23 coordinator, at the end of either the first or the second
77787812 24 year of residency. If there is disagreement between the 2
77797813 25 evaluators about the candidate's teaching effectiveness at
77807814 26 the end of the first year of residency, a second year of
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77917825 1 residency shall be required. If there is disagreement
77927826 2 between the 2 evaluators at the end of the second year of
77937827 3 residency, the candidate may complete one additional year
77947828 4 of residency teaching under a professional development
77957829 5 plan developed by the principal or qualified equivalent
77967830 6 and the preparation program. At the completion of the
77977831 7 third year, a candidate must have positive evaluations and
77987832 8 a recommendation for full licensure from both the
77997833 9 principal or qualified equivalent and the program
78007834 10 coordinator or no Professional Educator License shall be
78017835 11 issued.
78027836 12 Successful completion of the program shall be deemed to
78037837 13 satisfy any other practice or student teaching and content
78047838 14 matter requirements established by law.
78057839 15 (c) An alternative provisional educator endorsement on an
78067840 16 Educator License with Stipulations is valid for up to 2 years
78077841 17 of teaching in the public schools, including without
78087842 18 limitation a preschool educational program under Section
78097843 19 2-3.71 of this Code or Section 15-30 of the Department of Early
78107844 20 Childhood Act or charter school, or in a State-recognized
78117845 21 nonpublic school in which the chief administrator is required
78127846 22 to have the licensure necessary to be a principal in a public
78137847 23 school in this State and in which a majority of the teachers
78147848 24 are required to have the licensure necessary to be instructors
78157849 25 in a public school in this State, but may be renewed for a
78167850 26 third year if needed to complete the Alternative Educator
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78277861 1 Licensure Program for Teachers. The endorsement shall be
78287862 2 issued only once to an individual who meets all of the
78297863 3 following requirements:
78307864 4 (1) Has graduated from a regionally accredited college
78317865 5 or university with a bachelor's degree or higher.
78327866 6 (2) (Blank).
78337867 7 (3) Has completed a major in the content area if
78347868 8 seeking a middle or secondary level endorsement or, if
78357869 9 seeking an early childhood, elementary, or special
78367870 10 education endorsement, has completed a major in the
78377871 11 content area of early childhood reading, English/language
78387872 12 arts, mathematics, or one of the sciences. If the
78397873 13 individual does not have a major in a content area for any
78407874 14 level of teaching, he or she must submit transcripts to
78417875 15 the State Board of Education to be reviewed for
78427876 16 equivalency.
78437877 17 (4) Has successfully completed phase (1) of subsection
78447878 18 (b) of this Section.
78457879 19 (5) Has passed a content area test required for the
78467880 20 specific endorsement for admission into the program, as
78477881 21 required under Section 21B-30 of this Code.
78487882 22 A candidate possessing the alternative provisional
78497883 23 educator endorsement may receive a salary, benefits, and any
78507884 24 other terms of employment offered to teachers in the school
78517885 25 who are members of an exclusive bargaining representative, if
78527886 26 any, but a school is not required to provide these benefits
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78637897 1 during the years of residency if the candidate is serving only
78647898 2 as a co-teacher. If the candidate is serving as the teacher of
78657899 3 record, the candidate must receive a salary, benefits, and any
78667900 4 other terms of employment. Residency experiences must not be
78677901 5 counted towards tenure.
78687902 6 (d) The recognized institution offering the Alternative
78697903 7 Educator Licensure Program for Teachers must partner with a
78707904 8 school district, including without limitation a preschool
78717905 9 educational program under Section 2-3.71 of this Code or
78727906 10 Section 15-30 of the Department of Early Childhood Act or
78737907 11 charter school, or a State-recognized, nonpublic school in
78747908 12 this State in which the chief administrator is required to
78757909 13 have the licensure necessary to be a principal in a public
78767910 14 school in this State and in which a majority of the teachers
78777911 15 are required to have the licensure necessary to be instructors
78787912 16 in a public school in this State. A recognized institution
78797913 17 that partners with a public school district administering a
78807914 18 preschool educational program under Section 2-3.71 of this
78817915 19 Code or Section 15-30 of the Department of Early Childhood Act
78827916 20 must require a principal to recommend or evaluate candidates
78837917 21 in the program. A recognized institution that partners with an
78847918 22 eligible entity administering a preschool educational program
78857919 23 under Section 2-3.71 of this Code or Section 15-30 of the
78867920 24 Department of Early Childhood Act and that is not a public
78877921 25 school district must require a principal or qualified
78887922 26 equivalent of a principal to recommend or evaluate candidates
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78997933 1 in the program. The program presented for approval by the
79007934 2 State Board of Education must demonstrate the supports that
79017935 3 are to be provided to assist the provisional teacher during
79027936 4 the one-year 1-year or 2-year residency period and if the
79037937 5 residency period is to be less than 2 years in length,
79047938 6 assurances from the partner school districts to provide
79057939 7 intensive mentoring and supports through at least the end of
79067940 8 the second full year of teaching for educators who completed
79077941 9 the Alternative Educator Educators Licensure Program for
79087942 10 Teachers in less than 2 years. These supports must, at a
79097943 11 minimum, provide additional contact hours with mentors during
79107944 12 the first year of residency.
79117945 13 (e) Upon completion of phases under paragraphs (1), (2),
79127946 14 (4), and, if needed, (3) in subsection (b) of this Section and
79137947 15 all assessments required under Section 21B-30 of this Code, an
79147948 16 individual shall receive a Professional Educator License.
79157949 17 (f) The State Board of Education, in consultation with the
79167950 18 State Educator Preparation and Licensure Board, may adopt such
79177951 19 rules as may be necessary to establish and implement the
79187952 20 Alternative Educator Licensure Program for Teachers.
79197953 21 (Source: P.A. 103-111, eff. 6-29-23; 103-488, eff. 8-4-23;
79207954 22 revised 9-1-23.)
79217955 23 (105 ILCS 5/22-45)
79227956 24 Sec. 22-45. Illinois P-20 Council.
79237957 25 (a) The General Assembly finds that preparing Illinoisans
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79347968 1 for success in school and the workplace requires a continuum
79357969 2 of quality education from preschool through graduate school.
79367970 3 This State needs a framework to guide education policy and
79377971 4 integrate education at every level. A statewide coordinating
79387972 5 council to study and make recommendations concerning education
79397973 6 at all levels can avoid fragmentation of policies, promote
79407974 7 improved teaching and learning, and continue to cultivate and
79417975 8 demonstrate strong accountability and efficiency. Establishing
79427976 9 an Illinois P-20 Council will develop a statewide agenda that
79437977 10 will move the State towards the common goals of improving
79447978 11 academic achievement, increasing college access and success,
79457979 12 improving use of existing data and measurements, developing
79467980 13 improved accountability, fostering innovative approaches to
79477981 14 education, promoting lifelong learning, easing the transition
79487982 15 to college, and reducing remediation. A pre-kindergarten
79497983 16 through grade 20 agenda will strengthen this State's economic
79507984 17 competitiveness by producing a highly-skilled workforce. In
79517985 18 addition, lifelong learning plans will enhance this State's
79527986 19 ability to leverage funding.
79537987 20 (b) There is created the Illinois P-20 Council. The
79547988 21 Illinois P-20 Council shall include all of the following
79557989 22 members:
79567990 23 (1) The Governor or his or her designee, to serve as
79577991 24 chairperson.
79587992 25 (2) Four members of the General Assembly, one
79597993 26 appointed by the Speaker of the House of Representatives,
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79708004 1 one appointed by the Minority Leader of the House of
79718005 2 Representatives, one appointed by the President of the
79728006 3 Senate, and one appointed by the Minority Leader of the
79738007 4 Senate.
79748008 5 (3) Six at-large members appointed by the Governor as
79758009 6 follows, with 2 members being from the City of Chicago, 2
79768010 7 members being from Lake County, McHenry County, Kane
79778011 8 County, DuPage County, Will County, or that part of Cook
79788012 9 County outside of the City of Chicago, and 2 members being
79798013 10 from the remainder of the State:
79808014 11 (A) one representative of civic leaders;
79818015 12 (B) one representative of local government;
79828016 13 (C) one representative of trade unions;
79838017 14 (D) one representative of nonprofit organizations
79848018 15 or foundations;
79858019 16 (E) one representative of parents' organizations;
79868020 17 and
79878021 18 (F) one education research expert.
79888022 19 (4) Five members appointed by statewide business
79898023 20 organizations and business trade associations.
79908024 21 (5) Six members appointed by statewide professional
79918025 22 organizations and associations representing
79928026 23 pre-kindergarten through grade 20 teachers, community
79938027 24 college faculty, and public university faculty.
79948028 25 (6) Two members appointed by associations representing
79958029 26 local school administrators and school board members. One
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80068040 1 of these members must be a special education
80078041 2 administrator.
80088042 3 (7) One member representing community colleges,
80098043 4 appointed by the Illinois Council of Community College
80108044 5 Presidents.
80118045 6 (8) One member representing 4-year independent
80128046 7 colleges and universities, appointed by a statewide
80138047 8 organization representing private institutions of higher
80148048 9 learning.
80158049 10 (9) One member representing public 4-year
80168050 11 universities, appointed jointly by the university
80178051 12 presidents and chancellors.
80188052 13 (10) Ex-officio members as follows:
80198053 14 (A) The State Superintendent of Education or his
80208054 15 or her designee.
80218055 16 (A-5) The Secretary of Early Childhood or the
80228056 17 Secretary's designee.
80238057 18 (B) The Executive Director of the Board of Higher
80248058 19 Education or his or her designee.
80258059 20 (C) The Executive Director of the Illinois
80268060 21 Community College Board or his or her designee.
80278061 22 (D) The Executive Director of the Illinois Student
80288062 23 Assistance Commission or his or her designee.
80298063 24 (E) The Co-chairpersons of the Illinois Workforce
80308064 25 Investment Board or their designee.
80318065 26 (F) The Director of Commerce and Economic
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80428076 1 Opportunity or his or her designee.
80438077 2 (G) The Chairperson of the Illinois Early Learning
80448078 3 Council or his or her designee.
80458079 4 (H) The President of the Illinois Mathematics and
80468080 5 Science Academy or his or her designee.
80478081 6 (I) The president of an association representing
80488082 7 educators of adult learners or his or her designee.
80498083 8 Ex-officio members shall have no vote on the Illinois P-20
80508084 9 Council.
80518085 10 Appointed members shall serve for staggered terms expiring
80528086 11 on July 1 of the first, second, or third calendar year
80538087 12 following their appointments or until their successors are
80548088 13 appointed and have qualified. Staggered terms shall be
80558089 14 determined by lot at the organizing meeting of the Illinois
80568090 15 P-20 Council.
80578091 16 Vacancies shall be filled in the same manner as original
80588092 17 appointments, and any member so appointed shall serve during
80598093 18 the remainder of the term for which the vacancy occurred.
80608094 19 (c) The Illinois P-20 Council shall be funded through
80618095 20 State appropriations to support staff activities, research,
80628096 21 data-collection, and dissemination. The Illinois P-20 Council
80638097 22 shall be staffed by the Office of the Governor, in
80648098 23 coordination with relevant State agencies, boards, and
80658099 24 commissions. The Illinois Education Research Council shall
80668100 25 provide research and coordinate research collection activities
80678101 26 for the Illinois P-20 Council.
80688102
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80788112 1 (d) The Illinois P-20 Council shall have all of the
80798113 2 following duties:
80808114 3 (1) To make recommendations to do all of the
80818115 4 following:
80828116 5 (A) Coordinate pre-kindergarten through grade 20
80838117 6 (graduate school) education in this State through
80848118 7 working at the intersections of educational systems to
80858119 8 promote collaborative infrastructure.
80868120 9 (B) Coordinate and leverage strategies, actions,
80878121 10 legislation, policies, and resources of all
80888122 11 stakeholders to support fundamental and lasting
80898123 12 improvement in this State's public schools, community
80908124 13 colleges, and universities.
80918125 14 (C) Better align the high school curriculum with
80928126 15 postsecondary expectations.
80938127 16 (D) Better align assessments across all levels of
80948128 17 education.
80958129 18 (E) Reduce the need for students entering
80968130 19 institutions of higher education to take remedial
80978131 20 courses.
80988132 21 (F) Smooth the transition from high school to
80998133 22 college.
81008134 23 (G) Improve high school and college graduation
81018135 24 rates.
81028136 25 (H) Improve the rigor and relevance of academic
81038137 26 standards for college and workforce readiness.
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81148148 1 (I) Better align college and university teaching
81158149 2 programs with the needs of Illinois schools.
81168150 3 (2) To advise the Governor, the General Assembly, the
81178151 4 State's education and higher education agencies, and the
81188152 5 State's workforce and economic development boards and
81198153 6 agencies on policies related to lifelong learning for
81208154 7 Illinois students and families.
81218155 8 (3) To articulate a framework for systemic educational
81228156 9 improvement and innovation that will enable every student
81238157 10 to meet or exceed Illinois learning standards and be
81248158 11 well-prepared to succeed in the workforce and community.
81258159 12 (4) To provide an estimated fiscal impact for
81268160 13 implementation of all Council recommendations.
81278161 14 (5) To make recommendations for short-term and
81288162 15 long-term learning recovery actions for public school
81298163 16 students in this State in the wake of the COVID-19
81308164 17 pandemic. The Illinois P-20 Council shall submit a report
81318165 18 with its recommendations for a multi-year recovery plan by
81328166 19 December 31, 2021 to the Governor, the State Board of
81338167 20 Education, the Board of Higher Education, the Illinois
81348168 21 Community College Board, and the General Assembly that
81358169 22 addresses all of the following:
81368170 23 (A) Closing the digital divide for all students,
81378171 24 including access to devices, Internet connectivity,
81388172 25 and ensuring that educators have the necessary support
81398173 26 and training to provide high quality remote and
81408174
81418175
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81508184 1 blended learning to students.
81518185 2 (B) Evaluating the academic growth and proficiency
81528186 3 of students in order to understand the impact of
81538187 4 school closures and remote and blended remote learning
81548188 5 conditions on student academic outcomes, including
81558189 6 disaggregating data by race, income, diverse learners,
81568190 7 and English learners, in ways that balance the need to
81578191 8 understand that impact with the need to support
81588192 9 student well-being and also take into consideration
81598193 10 the logistical constraints facing schools and
81608194 11 districts.
81618195 12 (C) Establishing a system for the collection and
81628196 13 review of student data at the State level, including
81638197 14 data about prekindergarten through higher education
81648198 15 student attendance, engagement and participation,
81658199 16 discipline, and social-emotional and mental health
81668200 17 inputs and outcomes, in order to better understand the
81678201 18 full impact of disrupted learning.
81688202 19 (D) Providing students with resources and programs
81698203 20 for academic support, such as enrichment
81708204 21 opportunities, tutoring corps, summer bridge programs,
81718205 22 youth leadership and development programs, youth and
81728206 23 community-led restorative and transformative justice
81738207 24 programs, and youth internship and apprenticeship
81748208 25 programs.
81758209 26 (E) Providing students with resources and support
81768210
81778211
81788212
81798213
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81868220 1 to ensure access to social-emotional learning, mental
81878221 2 health services, and trauma responsive, restorative
81888222 3 justice and anti-racist practices in order to support
81898223 4 the growth of the whole child, such as investing in
81908224 5 community schools and providing comprehensive
81918225 6 year-round services and support for both students and
81928226 7 their families.
81938227 8 (F) Ensuring more time for students' academic,
81948228 9 social-emotional, and mental health needs by
81958229 10 considering such strategies as: (i) extending planning
81968230 11 time for teachers, (ii) extending the school day and
81978231 12 school year, and (iii) transitioning to year-round
81988232 13 schooling.
81998233 14 (G) Strengthening the transition from secondary
82008234 15 education to postsecondary education in the wake of
82018235 16 threats to alignment and affordability created by the
82028236 17 pandemic and related conditions.
82038237 18 (e) The chairperson of the Illinois P-20 Council may
82048238 19 authorize the creation of working groups focusing on areas of
82058239 20 interest to Illinois educational and workforce development,
82068240 21 including without limitation the following areas:
82078241 22 (1) Preparation, recruitment, and certification of
82088242 23 highly qualified teachers.
82098243 24 (2) Mentoring and induction of highly qualified
82108244 25 teachers.
82118245 26 (3) The diversity of highly qualified teachers.
82128246
82138247
82148248
82158249
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82228256 1 (4) Funding for highly qualified teachers, including
82238257 2 developing a strategic and collaborative plan to seek
82248258 3 federal and private grants to support initiatives
82258259 4 targeting teacher preparation and its impact on student
82268260 5 achievement.
82278261 6 (5) Highly effective administrators.
82288262 7 (6) Illinois birth through age 3 education,
82298263 8 pre-kindergarten, and early childhood education.
82308264 9 (7) The assessment, alignment, outreach, and network
82318265 10 of college and workforce readiness efforts.
82328266 11 (8) Alternative routes to college access.
82338267 12 (9) Research data and accountability.
82348268 13 (10) Community schools, community participation, and
82358269 14 other innovative approaches to education that foster
82368270 15 community partnerships.
82378271 16 (11) Tuition, financial aid, and other issues related
82388272 17 to keeping postsecondary education affordable for Illinois
82398273 18 residents.
82408274 19 (12) Learning recovery in the wake of the COVID-19
82418275 20 pandemic.
82428276 21 The chairperson of the Illinois P-20 Council may designate
82438277 22 Council members to serve as working group chairpersons.
82448278 23 Working groups may invite organizations and individuals
82458279 24 representing pre-kindergarten through grade 20 interests to
82468280 25 participate in discussions, data collection, and
82478281 26 dissemination.
82488282
82498283
82508284
82518285
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82588292 1 (Source: P.A. 101-654, eff. 3-8-21.)
82598293 2 (105 ILCS 5/26-19)
82608294 3 Sec. 26-19. Chronic absenteeism in preschool children.
82618295 4 (a) In this Section, "chronic absence" has the meaning
82628296 5 ascribed to that term in Section 26-18 of this Code.
82638297 6 (b) The General Assembly makes all of the following
82648298 7 findings:
82658299 8 (1) The early years are an extremely important period
82668300 9 in a child's learning and development.
82678301 10 (2) Missed learning opportunities in the early years
82688302 11 make it difficult for a child to enter kindergarten ready
82698303 12 for success.
82708304 13 (3) Attendance patterns in the early years serve as
82718305 14 predictors of chronic absenteeism and reduced educational
82728306 15 outcomes in later school years. Therefore, it is crucial
82738307 16 that the implications of chronic absence be understood and
82748308 17 reviewed regularly under the Preschool for All Program and
82758309 18 Preschool for All Expansion Program under Section 2-3.71
82768310 19 of this Code.
82778311 20 (c) The Preschool for All Program and Preschool for All
82788312 21 Expansion Program under Section 2-3.71 of this Code shall
82798313 22 collect and review its chronic absence data and determine what
82808314 23 support and resources are needed to positively engage
82818315 24 chronically absent students and their families to encourage
82828316 25 the habit of daily attendance and promote success.
82838317
82848318
82858319
82868320
82878321
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82938327 1 (d) The Preschool for All Program and Preschool for All
82948328 2 Expansion Program under Section 2-3.71 of this Code are
82958329 3 encouraged to do all of the following:
82968330 4 (1) Provide support to students who are at risk of
82978331 5 reaching or exceeding chronic absence levels.
82988332 6 (2) Make resources available to families, such as
82998333 7 those available through the State Board of Education's
83008334 8 Family Engagement Framework, to support and encourage
83018335 9 families to ensure their children's daily program
83028336 10 attendance.
83038337 11 (3) Include information about chronic absenteeism as
83048338 12 part of their preschool to kindergarten transition
83058339 13 resources.
83068340 14 (e) On or before July 1, 2020, and annually thereafter,
83078341 15 the Preschool for All Program and Preschool for All Expansion
83088342 16 Program shall report all data collected under subsection (c)
83098343 17 of this Section to the State Board of Education, which shall
83108344 18 make the report publicly available via the Illinois Early
83118345 19 Childhood Asset Map Internet website and the Preschool for All
83128346 20 Program or Preschool for All Expansion Program triennial
83138347 21 report.
83148348 22 (f) This Section is repealed on July 1, 2026.
83158349 23 (Source: P.A. 102-539, eff. 8-20-21.)
83168350 24 Section 90-35. The School Construction Law is amended by
83178351 25 changing Section 5-300 as follows:
83188352
83198353
83208354
83218355
83228356
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83288362 1 (105 ILCS 230/5-300)
83298363 2 Sec. 5-300. Early childhood construction grants.
83308364 3 (a) The Capital Development Board is authorized to make
83318365 4 grants to public school districts and not-for-profit entities
83328366 5 for early childhood construction projects, except that in
83338367 6 fiscal year 2024 those grants may be made only to public school
83348368 7 districts. These grants shall be paid out of moneys
83358369 8 appropriated for that purpose from the School Construction
83368370 9 Fund, the Build Illinois Bond Fund, or the Rebuild Illinois
83378371 10 Projects Fund. No grants may be awarded to entities providing
83388372 11 services within private residences. A public school district
83398373 12 or other eligible entity must provide local matching funds in
83408374 13 the following manner:
83418375 14 (1) A public school district assigned to Tier 1 under
83428376 15 Section 18-8.15 of the School Code or any other eligible
83438377 16 entity in an area encompassed by that district must
83448378 17 provide local matching funds in an amount equal to 3% of
83458379 18 the grant awarded under this Section.
83468380 19 (2) A public school district assigned to Tier 2 under
83478381 20 Section 18-8.15 of the School Code or any other eligible
83488382 21 entity in an area encompassed by that district must
83498383 22 provide local matching funds in an amount equal to 7.5% of
83508384 23 the grant awarded under this Section.
83518385 24 (3) A public school district assigned to Tier 3 under
83528386 25 Section 18-8.15 of the School Code or any other eligible
83538387
83548388
83558389
83568390
83578391
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83638397 1 entity in an area encompassed by that district must
83648398 2 provide local matching funds in an amount equal to 8.75%
83658399 3 of the grant awarded under this Section.
83668400 4 (4) A public school district assigned to Tier 4 under
83678401 5 Section 18-8.15 of the School Code or any other eligible
83688402 6 entity in an area encompassed by that district must
83698403 7 provide local matching funds in an amount equal to 10% of
83708404 8 the grant awarded under this Section.
83718405 9 A public school district or other eligible entity has no
83728406 10 entitlement to a grant under this Section.
83738407 11 (b) The Capital Development Board shall adopt rules to
83748408 12 implement this Section. These rules need not be the same as the
83758409 13 rules for school construction project grants or school
83768410 14 maintenance project grants. The rules may specify:
83778411 15 (1) the manner of applying for grants;
83788412 16 (2) project eligibility requirements;
83798413 17 (3) restrictions on the use of grant moneys;
83808414 18 (4) the manner in which school districts and other
83818415 19 eligible entities must account for the use of grant
83828416 20 moneys;
83838417 21 (5) requirements that new or improved facilities be
83848418 22 used for early childhood and other related programs for a
83858419 23 period of at least 10 years; and
83868420 24 (6) any other provision that the Capital Development
83878421 25 Board determines to be necessary or useful for the
83888422 26 administration of this Section.
83898423
83908424
83918425
83928426
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83998433 1 (b-5) When grants are made to non-profit corporations for
84008434 2 the acquisition or construction of new facilities, the Capital
84018435 3 Development Board or any State agency it so designates shall
84028436 4 hold title to or place a lien on the facility for a period of
84038437 5 10 years after the date of the grant award, after which title
84048438 6 to the facility shall be transferred to the non-profit
84058439 7 corporation or the lien shall be removed, provided that the
84068440 8 non-profit corporation has complied with the terms of its
84078441 9 grant agreement. When grants are made to non-profit
84088442 10 corporations for the purpose of renovation or rehabilitation,
84098443 11 if the non-profit corporation does not comply with item (5) of
84108444 12 subsection (b) of this Section, the Capital Development Board
84118445 13 or any State agency it so designates shall recover the grant
84128446 14 pursuant to the procedures outlined in the Illinois Grant
84138447 15 Funds Recovery Act.
84148448 16 (c) The Capital Development Board, in consultation with
84158449 17 the State Board of Education, shall establish standards for
84168450 18 the determination of priority needs concerning early childhood
84178451 19 projects based on projects located in communities in the State
84188452 20 with the greatest underserved population of young children,
84198453 21 utilizing Census data and other reliable local early childhood
84208454 22 service data.
84218455 23 (d) In each school year in which early childhood
84228456 24 construction project grants are awarded, 20% of the total
84238457 25 amount awarded shall be awarded to a school district with a
84248458 26 population of more than 500,000, provided that the school
84258459
84268460
84278461
84288462
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84358469 1 district complies with the requirements of this Section and
84368470 2 the rules adopted under this Section.
84378471 3 (e) This Section is repealed on July 1, 2026.
84388472 4 (Source: P.A. 102-16, eff. 6-17-21; 103-8, eff. 6-7-23.)
84398473 5 Section 90-40. The Early Childhood Access Consortium for
84408474 6 Equity Act is amended by changing Sections 25 and 35 as
84418475 7 follows:
84428476 8 (110 ILCS 28/25)
84438477 9 Sec. 25. Advisory committee; membership.
84448478 10 (a) The Board of Higher Education, the Illinois Community
84458479 11 College Board, the State Board of Education, the Department of
84468480 12 Human Services, and the Department of Early Childhood
84478481 13 Governor's Office of Early Childhood Development shall jointly
84488482 14 convene a Consortium advisory committee to provide guidance on
84498483 15 the operation of the Consortium.
84508484 16 (b) Membership on the advisory committee shall be
84518485 17 comprised of employers and experts appointed by the Board of
84528486 18 Higher Education, the Illinois Community College Board, the
84538487 19 Department of Early Childhood, the Department of Human
84548488 20 Services Governor's Office of Early Childhood Development, and
84558489 21 the State Board of Education. Membership shall also include
84568490 22 all of the following members:
84578491 23 (1) An employer from a community-based child care
84588492 24 provider, appointed by the Department of Human Services
84598493
84608494
84618495
84628496
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84698503 1 Governor's Office of Early Childhood Development.
84708504 2 (2) An employer from a for-profit child care provider,
84718505 3 appointed by the Department of Human Services Governor's
84728506 4 Office of Early Childhood Development.
84738507 5 (3) An employer from a nonprofit child care provider,
84748508 6 appointed by the Department of Human Services Governor's
84758509 7 Office of Early Childhood Development.
84768510 8 (4) A provider of family child care, appointed by the
84778511 9 Department of Human Services Governor's Office of Early
84788512 10 Childhood Development.
84798513 11 (5) An employer located in southern Illinois,
84808514 12 appointed by the Department of Early Childhood Governor's
84818515 13 Office of Early Childhood Development.
84828516 14 (6) An employer located in central Illinois, appointed
84838517 15 by the Department of Early Childhood Governor's Office of
84848518 16 Early Childhood Development.
84858519 17 (7) At least one member who represents an urban school
84868520 18 district, appointed by the State Board of Education.
84878521 19 (8) At least one member who represents a suburban
84888522 20 school district, appointed by the State Board of
84898523 21 Education.
84908524 22 (9) At least one member who represents a rural school
84918525 23 district, appointed by the State Board of Education.
84928526 24 (10) At least one member who represents a school
84938527 25 district in a city with a population of 500,000 or more,
84948528 26 appointed by the State Board of Education.
84958529
84968530
84978531
84988532
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85058539 1 (11) Two early childhood advocates with statewide
85068540 2 expertise in early childhood workforce issues, appointed
85078541 3 by the Department of Early Childhood Governor's Office of
85088542 4 Early Childhood Development.
85098543 5 (12) The Chairperson or Vice-Chairperson and the
85108544 6 Minority Spokesperson or a designee of the Senate
85118545 7 Committee on Higher Education.
85128546 8 (13) The Chairperson or Vice-Chairperson and the
85138547 9 Minority Spokesperson or a designee of the House Committee
85148548 10 on Higher Education.
85158549 11 (14) One member representing the Illinois Community
85168550 12 College Board, who shall serve as co-chairperson,
85178551 13 appointed by the Illinois Community College Board.
85188552 14 (15) One member representing the Board of Higher
85198553 15 Education, who shall serve as co-chairperson, appointed by
85208554 16 the Board of Higher Education.
85218555 17 (16) One member representing the Illinois Student
85228556 18 Assistance Commission, appointed by the Board of Higher
85238557 19 Education.
85248558 20 (17) One member representing the State Board of
85258559 21 Education, who shall serve as co-chairperson, appointed by
85268560 22 the State Board of Education.
85278561 23 (18) One member representing the Department of Early
85288562 24 Childhood Governor's Office of Early Childhood
85298563 25 Development, who shall serve as co-chairperson, appointed
85308564 26 by the Department of Early Childhood Governor's Office of
85318565
85328566
85338567
85348568
85358569
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85418575 1 Early Childhood Development.
85428576 2 (19) One member representing the Department of Human
85438577 3 Services, who shall serve as co-chairperson, appointed by
85448578 4 the Department of Human Services Governor's Office of
85458579 5 Early Childhood Development.
85468580 6 (20) One member representing INCCRRA, appointed by the
85478581 7 Department of Early Childhood Governor's Office of Early
85488582 8 Childhood Development.
85498583 9 (21) One member representing the Department of
85508584 10 Children and Family Services, appointed by the Department
85518585 11 of Children and Family Services Governor's Office of Early
85528586 12 Childhood Development.
85538587 13 (22) One member representing an organization that
85548588 14 advocates on behalf of community college trustees,
85558589 15 appointed by the Illinois Community College Board.
85568590 16 (23) One member of a union representing child care and
85578591 17 early childhood providers, appointed by the Department of
85588592 18 Human Services Governor's Office of Early Childhood
85598593 19 Development.
85608594 20 (24) Two members of unions representing higher
85618595 21 education faculty, appointed by the Board of Higher
85628596 22 Education.
85638597 23 (25) A representative from the College of Education of
85648598 24 an urban public university, appointed by the Board of
85658599 25 Higher Education.
85668600 26 (26) A representative from the College of Education of
85678601
85688602
85698603
85708604
85718605
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85778611 1 a suburban public university, appointed by the Board of
85788612 2 Higher Education.
85798613 3 (27) A representative from the College of Education of
85808614 4 a rural public university, appointed by the Board of
85818615 5 Higher Education.
85828616 6 (28) A representative from the College of Education of
85838617 7 a private university, appointed by the Board of Higher
85848618 8 Education.
85858619 9 (29) A representative of an urban community college,
85868620 10 appointed by the Illinois Community College Board.
85878621 11 (30) A representative of a suburban community college,
85888622 12 appointed by the Illinois Community College Board.
85898623 13 (31) A representative of rural community college,
85908624 14 appointed by the Illinois Community College Board.
85918625 15 (c) The advisory committee shall meet quarterly. The
85928626 16 committee meetings shall be open to the public in accordance
85938627 17 with the provisions of the Open Meetings Act.
85948628 18 (Source: P.A. 102-174, eff. 7-28-21.)
85958629 19 (110 ILCS 28/35)
85968630 20 Sec. 35. Goals and metrics.
85978631 21 (a) By July 1, 2021 or within 60 days after the effective
85988632 22 date of this amendatory Act of the 102nd General Assembly, the
85998633 23 Board of Higher Education's Strategic Plan Educator Workforce
86008634 24 subgroup on the early childhood workforce must set goals for
86018635 25 the Consortium for the enrollment, persistence, and completion
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8642+
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86128646 1 of members of the incumbent workforce in associate,
86138647 2 bachelor's, and master's degree programs, Gateways Credentials
86148648 3 in Level 2, 3, or 4, and Professional Educator Licensure by
86158649 4 September 30, 2024. The goals set for the Consortium must be
86168650 5 data informed and include targets for annual enrollment and
86178651 6 persistence.
86188652 7 (b) Data from the Gateways Registry, March 2020, indicates
86198653 8 that there are 7,670 individuals with an associate degree who
86208654 9 would benefit from progressing to a baccalaureate degree and
86218655 10 20,467 individuals with a high school diploma or some college
86228656 11 who would benefit from progressing to an associate degree. If
86238657 12 the goals cannot be set in accordance with subsection (a), the
86248658 13 goal for the Consortium shall be that by September 30, 2024,
86258659 14 20% of the individuals described in this subsection (b) who do
86268660 15 not have a degree will have enrolled and be persisting toward
86278661 16 or have attained a Gateways Credential in Level 2, 3, or 4 or
86288662 17 an associate degree and, of the individuals who have an
86298663 18 associate degree, will be enrolled and persisting toward or
86308664 19 have attained a baccalaureate degree or will be persisting
86318665 20 toward or have attained a Professional Educator License.
86328666 21 (c) Student financial aid, including incentives and
86338667 22 stipends, data-sharing, and professional statewide engagement
86348668 23 and marketing campaign and recruitment efforts are critical to
86358669 24 the Consortium's ability to quickly attract and enroll
86368670 25 students into these programs. Navigators, mentors, and
86378671 26 advisors are critical for persistence and completion. If
86388672
86398673
86408674
86418675
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86488682 1 federal funds are not appropriated for these purposes and the
86498683 2 other purposes of this Section, the Board of Higher Education,
86508684 3 the Illinois Community College Board, the State Board of
86518685 4 Education, the Department of Human Services, and the
86528686 5 Department of Early Childhood Governor's Office of Early
86538687 6 Childhood Development, in consultation with the advisory
86548688 7 committee, shall adjust the initial target metrics
86558689 8 appropriately by adopting challenging goals that may be
86568690 9 attainable with less public investment.
86578691 10 (d) The Board of Higher Education, the Illinois Community
86588692 11 College Board, the State Board of Education, the Department of
86598693 12 Human Services, and the Department of Early Childhood
86608694 13 Governor's Office of Early Childhood Development, in
86618695 14 consultation with the advisory committee, shall determine new
86628696 15 metrics and goals for the Consortium as they relate to the
86638697 16 remaining and future early childhood workforce, to be
86648698 17 instituted after the close of the 2024-2025 academic year and
86658699 18 going forward. Metrics must take into consideration that the
86668700 19 pipeline depends on sustained, increased student enrollment
86678701 20 and completion rates at the associate degree level if this
86688702 21 State aims to continue with sustained, increased student
86698703 22 enrollment and completion at the bachelor's degree level.
86708704 23 (Source: P.A. 102-174, eff. 7-28-21.)
86718705 24 Section 90-45. The Illinois Public Aid Code is amended by
86728706 25 changing Sections 2-12, 2-12.5, 9A-11, 9A-11.5, and 9A-17 as
86738707
86748708
86758709
86768710
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86838717 1 follows:
86848718 2 (305 ILCS 5/2-12) (from Ch. 23, par. 2-12)
86858719 3 Sec. 2-12. "Illinois Department"; "Department". In this
86868720 4 Code, "Illinois Department" or "Department", when a particular
86878721 5 entity is not specified, means the following:
86888722 6 (1) In the case of a function performed before July 1, 1997
86898723 7 (the effective date of the Department of Human Services Act),
86908724 8 the term means the Department of Public Aid.
86918725 9 (2) Except as provided in paragraph (2.5), in In the case
86928726 10 of a function to be performed on or after July 1, 1997 under
86938727 11 Article III, IV, VI, IX, or IXA, the term means the Department
86948728 12 of Human Services as successor to the Illinois Department of
86958729 13 Public Aid.
86968730 14 (2.5) In the case of a function to be performed on or after
86978731 15 July 1, 2026 under Sections 9A-11 and 9A-11-5, the term means
86988732 16 the Department of Early Childhood.
86998733 17 (3) In the case of a function to be performed on or after
87008734 18 July 1, 1997 under Article V, V-A, V-B, V-C, V-D, V-E, X, XIV,
87018735 19 or XV, the term means the Department of Healthcare and Family
87028736 20 Services (formerly Illinois Department of Public Aid).
87038737 21 (4) In the case of a function to be performed on or after
87048738 22 July 1, 1997 under Article I, II, VIIIA, XI, XII, or XIII, the
87058739 23 term means the Department of Human Services (acting as
87068740 24 successor to the Illinois Department of Public Aid) or the
87078741 25 Department of Healthcare and Family Services (formerly
87088742
87098743
87108744
87118745
87128746
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8714-
8715-
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8717- HB5451 Engrossed - 246 - LRB103 39421 KTG 69604 b
8747+ HB5451 - 245 - LRB103 39421 KTG 69604 b
8748+
8749+
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87188752 1 Illinois Department of Public Aid) or both, according to
87198753 2 whether that function, in the specific context, has been
87208754 3 allocated to the Department of Human Services or the
87218755 4 Department of Healthcare and Family Services (formerly
87228756 5 Department of Public Aid) or both of those departments.
87238757 6 (Source: P.A. 95-331, eff. 8-21-07.)
87248758 7 (305 ILCS 5/2-12.5)
87258759 8 Sec. 2-12.5. "Director of the Illinois Department";
87268760 9 "Director of the Department"; "Director". In this Code,
87278761 10 "Director of the Illinois Department", "Director of the
87288762 11 Department", or "Director", when a particular official is not
87298763 12 specified, means the following:
87308764 13 (1) In the case of a function performed before July 1, 1997
87318765 14 (the effective date of the Department of Human Services Act),
87328766 15 the term means the Director of Public Aid.
87338767 16 (2) Except as provided in paragraph (2.5), in In the case
87348768 17 of a function to be performed on or after July 1, 1997 under
87358769 18 Article III, IV, VI, IX, or IXA, the term means the Secretary
87368770 19 of Human Services.
87378771 20 (2.5) In the case of a function to be performed on or after
87388772 21 July 1, 2026 under Sections 9A-11 and 9A-11-5, the term means
87398773 22 the Secretary of Early Childhood.
87408774 23 (3) In the case of a function to be performed on or after
87418775 24 July 1, 1997 under Article V, V-A, V-B, V-C, V-D, V-E, X, XIV,
87428776 25 or XV, the term means the Director of Healthcare and Family
87438777
87448778
87458779
87468780
87478781
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8749-
8750-
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8752- HB5451 Engrossed - 247 - LRB103 39421 KTG 69604 b
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87538787 1 Services (formerly Director of Public Aid).
87548788 2 (4) In the case of a function to be performed on or after
87558789 3 July 1, 1997 under Article I, II, VIIIA, XI, XII, or XIII, the
87568790 4 term means the Secretary of Human Services or the Director of
87578791 5 Healthcare and Family Services (formerly Director of Public
87588792 6 Aid) or both, according to whether that function, in the
87598793 7 specific context, has been allocated to the Department of
87608794 8 Human Services or the Department of Healthcare and Family
87618795 9 Services (formerly Department of Public Aid) or both of those
87628796 10 departments.
87638797 11 (Source: P.A. 95-331, eff. 8-21-07.)
87648798 12 (305 ILCS 5/9A-11) (from Ch. 23, par. 9A-11)
87658799 13 Sec. 9A-11. Child care.
87668800 14 (a) The General Assembly recognizes that families with
87678801 15 children need child care in order to work. Child care is
87688802 16 expensive and families with limited access to economic
87698803 17 resources, including those who are transitioning from welfare
87708804 18 to work, often struggle to pay the costs of day care. The
87718805 19 General Assembly understands the importance of helping working
87728806 20 families with limited access to economic resources become and
87738807 21 remain self-sufficient. The General Assembly also believes
87748808 22 that it is the responsibility of families to share in the costs
87758809 23 of child care. It is also the preference of the General
87768810 24 Assembly that all working families with limited access to
87778811 25 economic resources should be treated equally, regardless of
87788812
87798813
87808814
87818815
87828816
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8784-
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8787- HB5451 Engrossed - 248 - LRB103 39421 KTG 69604 b
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87888822 1 their welfare status.
87898823 2 (b) To the extent resources permit, the Illinois
87908824 3 Department shall provide child care services to parents or
87918825 4 other relatives as defined by rule who are working or
87928826 5 participating in employment or Department approved education
87938827 6 or training programs. At a minimum, the Illinois Department
87948828 7 shall cover the following categories of families:
87958829 8 (1) recipients of TANF under Article IV participating
87968830 9 in work and training activities as specified in the
87978831 10 personal plan for employment and self-sufficiency;
87988832 11 (2) families transitioning from TANF to work;
87998833 12 (3) families at risk of becoming recipients of TANF;
88008834 13 (4) families with special needs as defined by rule;
88018835 14 (5) working families with very low incomes as defined
88028836 15 by rule;
88038837 16 (6) families that are not recipients of TANF and that
88048838 17 need child care assistance to participate in education and
88058839 18 training activities;
88068840 19 (7) youth in care, as defined in Section 4d of the
88078841 20 Children and Family Services Act, who are parents,
88088842 21 regardless of income or whether they are working or
88098843 22 participating in Department-approved employment or
88108844 23 education or training programs. Any family that receives
88118845 24 child care assistance in accordance with this paragraph
88128846 25 shall receive one additional 12-month child care
88138847 26 eligibility period after the parenting youth in care's
88148848
88158849
88168850
88178851
88188852
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88248858 1 case with the Department of Children and Family Services
88258859 2 is closed, regardless of income or whether the parenting
88268860 3 youth in care is working or participating in
88278861 4 Department-approved employment or education or training
88288862 5 programs;
88298863 6 (8) families receiving Extended Family Support Program
88308864 7 services from the Department of Children and Family
88318865 8 Services, regardless of income or whether they are working
88328866 9 or participating in Department-approved employment or
88338867 10 education or training programs; and
88348868 11 (9) families with children under the age of 5 who have
88358869 12 an open intact family services case with the Department of
88368870 13 Children and Family Services. Any family that receives
88378871 14 child care assistance in accordance with this paragraph
88388872 15 shall remain eligible for child care assistance 6 months
88398873 16 after the child's intact family services case is closed,
88408874 17 regardless of whether the child's parents or other
88418875 18 relatives as defined by rule are working or participating
88428876 19 in Department approved employment or education or training
88438877 20 programs. The Department of Early Childhood Human
88448878 21 Services, in consultation with the Department of Children
88458879 22 and Family Services, shall adopt rules to protect the
88468880 23 privacy of families who are the subject of an open intact
88478881 24 family services case when such families enroll in child
88488882 25 care services. Additional rules shall be adopted to offer
88498883 26 children who have an open intact family services case the
88508884
88518885
88528886
88538887
88548888
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88608894 1 opportunity to receive an Early Intervention screening and
88618895 2 other services that their families may be eligible for as
88628896 3 provided by the Department of Human Services.
88638897 4 Beginning October 1, 2027 2023, and every October 1
88648898 5 thereafter, the Department of Children and Family Services
88658899 6 shall report to the General Assembly on the number of children
88668900 7 who received child care via vouchers paid for by the
88678901 8 Department of Early Childhood Children and Family Services
88688902 9 during the preceding fiscal year. The report shall include the
88698903 10 ages of children who received child care, the type of child
88708904 11 care they received, and the number of months they received
88718905 12 child care.
88728906 13 The Department shall specify by rule the conditions of
88738907 14 eligibility, the application process, and the types, amounts,
88748908 15 and duration of services. Eligibility for child care benefits
88758909 16 and the amount of child care provided may vary based on family
88768910 17 size, income, and other factors as specified by rule.
88778911 18 The Department shall update the Child Care Assistance
88788912 19 Program Eligibility Calculator posted on its website to
88798913 20 include a question on whether a family is applying for child
88808914 21 care assistance for the first time or is applying for a
88818915 22 redetermination of eligibility.
88828916 23 A family's eligibility for child care services shall be
88838917 24 redetermined no sooner than 12 months following the initial
88848918 25 determination or most recent redetermination. During the
88858919 26 12-month periods, the family shall remain eligible for child
88868920
88878921
88888922
88898923
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88968930 1 care services regardless of (i) a change in family income,
88978931 2 unless family income exceeds 85% of State median income, or
88988932 3 (ii) a temporary change in the ongoing status of the parents or
88998933 4 other relatives, as defined by rule, as working or attending a
89008934 5 job training or educational program.
89018935 6 In determining income eligibility for child care benefits,
89028936 7 the Department annually, at the beginning of each fiscal year,
89038937 8 shall establish, by rule, one income threshold for each family
89048938 9 size, in relation to percentage of State median income for a
89058939 10 family of that size, that makes families with incomes below
89068940 11 the specified threshold eligible for assistance and families
89078941 12 with incomes above the specified threshold ineligible for
89088942 13 assistance. Through and including fiscal year 2007, the
89098943 14 specified threshold must be no less than 50% of the
89108944 15 then-current State median income for each family size.
89118945 16 Beginning in fiscal year 2008, the specified threshold must be
89128946 17 no less than 185% of the then-current federal poverty level
89138947 18 for each family size. Notwithstanding any other provision of
89148948 19 law or administrative rule to the contrary, beginning in
89158949 20 fiscal year 2019, the specified threshold for working families
89168950 21 with very low incomes as defined by rule must be no less than
89178951 22 185% of the then-current federal poverty level for each family
89188952 23 size. Notwithstanding any other provision of law or
89198953 24 administrative rule to the contrary, beginning in State fiscal
89208954 25 year 2022 through State fiscal year 2023, the specified income
89218955 26 threshold shall be no less than 200% of the then-current
89228956
89238957
89248958
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89328966 1 federal poverty level for each family size. Beginning in State
89338967 2 fiscal year 2024, the specified income threshold shall be no
89348968 3 less than 225% of the then-current federal poverty level for
89358969 4 each family size.
89368970 5 In determining eligibility for assistance, the Department
89378971 6 shall not give preference to any category of recipients or
89388972 7 give preference to individuals based on their receipt of
89398973 8 benefits under this Code.
89408974 9 Nothing in this Section shall be construed as conferring
89418975 10 entitlement status to eligible families.
89428976 11 The Illinois Department is authorized to lower income
89438977 12 eligibility ceilings, raise parent co-payments, create waiting
89448978 13 lists, or take such other actions during a fiscal year as are
89458979 14 necessary to ensure that child care benefits paid under this
89468980 15 Article do not exceed the amounts appropriated for those child
89478981 16 care benefits. These changes may be accomplished by emergency
89488982 17 rule under Section 5-45 of the Illinois Administrative
89498983 18 Procedure Act, except that the limitation on the number of
89508984 19 emergency rules that may be adopted in a 24-month period shall
89518985 20 not apply.
89528986 21 The Illinois Department may contract with other State
89538987 22 agencies or child care organizations for the administration of
89548988 23 child care services.
89558989 24 (c) Payment shall be made for child care that otherwise
89568990 25 meets the requirements of this Section and applicable
89578991 26 standards of State and local law and regulation, including any
89588992
89598993
89608994
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89689002 1 requirements the Illinois Department promulgates by rule.
89699003 2 Through June 30, 2026, the rules of this Section include
89709004 3 licensure requirements adopted by the Department of Children
89719005 4 and Family Services. On and after July 1, 2026, the rules of
89729006 5 this Section include licensure requirements adopted by the
89739007 6 Department of Early Childhood. In addition, the regulations of
89749008 7 this Section include the in addition to the licensure
89759009 8 requirements promulgated by the Department of Children and
89769010 9 Family Services and Fire Prevention and Safety requirements
89779011 10 promulgated by the Office of the State Fire Marshal, and is
89789012 11 provided in any of the following:
89799013 12 (1) a child care center which is licensed or exempt
89809014 13 from licensure pursuant to Section 2.09 of the Child Care
89819015 14 Act of 1969;
89829016 15 (2) a licensed child care home or home exempt from
89839017 16 licensing;
89849018 17 (3) a licensed group child care home;
89859019 18 (4) other types of child care, including child care
89869020 19 provided by relatives or persons living in the same home
89879021 20 as the child, as determined by the Illinois Department by
89889022 21 rule.
89899023 22 (c-5) Solely for the purposes of coverage under the
89909024 23 Illinois Public Labor Relations Act, child and day care home
89919025 24 providers, including licensed and license exempt,
89929026 25 participating in the Department's child care assistance
89939027 26 program shall be considered to be public employees and the
89949028
89959029
89969030
89979031
89989032
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90049038 1 State of Illinois shall be considered to be their employer as
90059039 2 of January 1, 2006 (the effective date of Public Act 94-320),
90069040 3 but not before. The State shall engage in collective
90079041 4 bargaining with an exclusive representative of child and day
90089042 5 care home providers participating in the child care assistance
90099043 6 program concerning their terms and conditions of employment
90109044 7 that are within the State's control. Nothing in this
90119045 8 subsection shall be understood to limit the right of families
90129046 9 receiving services defined in this Section to select child and
90139047 10 day care home providers or supervise them within the limits of
90149048 11 this Section. The State shall not be considered to be the
90159049 12 employer of child and day care home providers for any purposes
90169050 13 not specifically provided in Public Act 94-320, including, but
90179051 14 not limited to, purposes of vicarious liability in tort and
90189052 15 purposes of statutory retirement or health insurance benefits.
90199053 16 Child and day care home providers shall not be covered by the
90209054 17 State Employees Group Insurance Act of 1971.
90219055 18 In according child and day care home providers and their
90229056 19 selected representative rights under the Illinois Public Labor
90239057 20 Relations Act, the State intends that the State action
90249058 21 exemption to application of federal and State antitrust laws
90259059 22 be fully available to the extent that their activities are
90269060 23 authorized by Public Act 94-320.
90279061 24 (d) The Illinois Department shall establish, by rule, a
90289062 25 co-payment scale that provides for cost sharing by families
90299063 26 that receive child care services, including parents whose only
90309064
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90329066
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9036-
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90409074 1 income is from assistance under this Code. The co-payment
90419075 2 shall be based on family income and family size and may be
90429076 3 based on other factors as appropriate. Co-payments may be
90439077 4 waived for families whose incomes are at or below the federal
90449078 5 poverty level.
90459079 6 (d-5) The Illinois Department, in consultation with its
90469080 7 Child Care and Development Advisory Council, shall develop a
90479081 8 plan to revise the child care assistance program's co-payment
90489082 9 scale. The plan shall be completed no later than February 1,
90499083 10 2008, and shall include:
90509084 11 (1) findings as to the percentage of income that the
90519085 12 average American family spends on child care and the
90529086 13 relative amounts that low-income families and the average
90539087 14 American family spend on other necessities of life;
90549088 15 (2) recommendations for revising the child care
90559089 16 co-payment scale to assure that families receiving child
90569090 17 care services from the Department are paying no more than
90579091 18 they can reasonably afford;
90589092 19 (3) recommendations for revising the child care
90599093 20 co-payment scale to provide at-risk children with complete
90609094 21 access to Preschool for All and Head Start; and
90619095 22 (4) recommendations for changes in child care program
90629096 23 policies that affect the affordability of child care.
90639097 24 (e) (Blank).
90649098 25 (f) The Illinois Department shall, by rule, set rates to
90659099 26 be paid for the various types of child care. Child care may be
90669100
90679101
90689102
90699103
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9072-
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90769110 1 provided through one of the following methods:
90779111 2 (1) arranging the child care through eligible
90789112 3 providers by use of purchase of service contracts or
90799113 4 vouchers;
90809114 5 (2) arranging with other agencies and community
90819115 6 volunteer groups for non-reimbursed child care;
90829116 7 (3) (blank); or
90839117 8 (4) adopting such other arrangements as the Department
90849118 9 determines appropriate.
90859119 10 (f-1) Within 30 days after June 4, 2018 (the effective
90869120 11 date of Public Act 100-587), the Department of Human Services
90879121 12 shall establish rates for child care providers that are no
90889122 13 less than the rates in effect on January 1, 2018 increased by
90899123 14 4.26%.
90909124 15 (f-5) (Blank).
90919125 16 (g) Families eligible for assistance under this Section
90929126 17 shall be given the following options:
90939127 18 (1) receiving a child care certificate issued by the
90949128 19 Department or a subcontractor of the Department that may
90959129 20 be used by the parents as payment for child care and
90969130 21 development services only; or
90979131 22 (2) if space is available, enrolling the child with a
90989132 23 child care provider that has a purchase of service
90999133 24 contract with the Department or a subcontractor of the
91009134 25 Department for the provision of child care and development
91019135 26 services. The Department may identify particular priority
91029136
91039137
91049138
91059139
91069140
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9108-
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91129146 1 populations for whom they may request special
91139147 2 consideration by a provider with purchase of service
91149148 3 contracts, provided that the providers shall be permitted
91159149 4 to maintain a balance of clients in terms of household
91169150 5 incomes and families and children with special needs, as
91179151 6 defined by rule.
91189152 7 (Source: P.A. 102-491, eff. 8-20-21; 102-813, eff. 5-13-22;
91199153 8 102-926, eff. 5-27-22; 103-8, eff. 6-7-23.)
91209154 9 (305 ILCS 5/9A-11.5)
91219155 10 Sec. 9A-11.5. Investigate child care providers.
91229156 11 (a) Through June 30, 2026, any Any child care provider
91239157 12 receiving funds from the child care assistance program under
91249158 13 this Code who is not required to be licensed under the Child
91259159 14 Care Act of 1969 shall, as a condition of eligibility to
91269160 15 participate in the child care assistance program under this
91279161 16 Code, authorize in writing on a form prescribed by the
91289162 17 Department of Children and Family Services, periodic
91299163 18 investigations of the Central Register, as defined in the
91309164 19 Abused and Neglected Child Reporting Act, to ascertain if the
91319165 20 child care provider has been determined to be a perpetrator in
91329166 21 an indicated report of child abuse or neglect. The Department
91339167 22 of Children and Family Services shall conduct an investigation
91349168 23 of the Central Register at the request of the Department of
91359169 24 Human Services.
91369170 25 (a-5) On and after July 1, 2026, any child care provider
91379171
91389172
91399173
91409174
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91479181 1 receiving funds from the child care assistance program under
91489182 2 this Code who is not required to be licensed under the Child
91499183 3 Care Act of 1969 shall, as a condition of eligibility to
91509184 4 participate in the child care assistance program under this
91519185 5 Code, authorize in writing on a form prescribed by the
91529186 6 Department of Early Childhood, periodic investigations of the
91539187 7 Central Register, as defined in the Abused and Neglected Child
91549188 8 Reporting Act, to ascertain if the child care provider has
91559189 9 been determined to be a perpetrator in an indicated report of
91569190 10 child abuse or neglect.
91579191 11 (b) Any child care provider, other than a relative of the
91589192 12 child, receiving funds from the child care assistance program
91599193 13 under this Code who is not required to be licensed under the
91609194 14 Child Care Act of 1969 shall, as a condition of eligibility to
91619195 15 participate in the child care assistance program under this
91629196 16 Code, authorize in writing a State and Federal Bureau of
91639197 17 Investigation fingerprint-based criminal history record check
91649198 18 to determine if the child care provider has ever been
91659199 19 convicted of a crime with respect to which the conviction has
91669200 20 not been overturned and the criminal records have not been
91679201 21 sealed or expunged. Upon this authorization, the Department
91689202 22 shall request and receive information and assistance from any
91699203 23 federal or State governmental agency as part of the authorized
91709204 24 criminal history record check. The Illinois State Police shall
91719205 25 provide information concerning any conviction that has not
91729206 26 been overturned and with respect to which the criminal records
91739207
91749208
91759209
91769210
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91839217 1 have not been sealed or expunged, whether the conviction
91849218 2 occurred before or on or after the effective date of this
91859219 3 amendatory Act of the 96th General Assembly, of a child care
91869220 4 provider upon the request of the Department when the request
91879221 5 is made in the form and manner required by the Illinois State
91889222 6 Police. The Illinois State Police shall charge a fee not to
91899223 7 exceed the cost of processing the criminal history record
91909224 8 check. The fee is to be deposited into the State Police
91919225 9 Services Fund. Any information concerning convictions that
91929226 10 have not been overturned and with respect to which the
91939227 11 criminal records have not been sealed or expunged obtained by
91949228 12 the Department is confidential and may not be transmitted (i)
91959229 13 outside the Department except as required in this Section or
91969230 14 (ii) to anyone within the Department except as needed for the
91979231 15 purposes of determining participation in the child care
91989232 16 assistance program. A copy of the criminal history record
91999233 17 check obtained from the Illinois State Police shall be
92009234 18 provided to the unlicensed child care provider.
92019235 19 (c) The Department shall by rule set standards for
92029236 20 determining when to disqualify an unlicensed child care
92039237 21 provider for payment because (i) there is an indicated finding
92049238 22 against the provider based on the results of the Central
92059239 23 Register search or (ii) there is a disqualifying criminal
92069240 24 charge pending against the provider or the provider has a
92079241 25 disqualifying criminal conviction that has not been overturned
92089242 26 and with respect to which the criminal records have not been
92099243
92109244
92119245
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92199253 1 expunged or sealed based on the results of the
92209254 2 fingerprint-based Illinois State Police and Federal Bureau of
92219255 3 Investigation criminal history record check. In determining
92229256 4 whether to disqualify an unlicensed child care provider for
92239257 5 payment under this subsection, the Department shall consider
92249258 6 the nature and gravity of any offense or offenses; the time
92259259 7 that has passed since the offense or offenses or the
92269260 8 completion of the criminal sentence or both; and the
92279261 9 relationship of the offense or offenses to the
92289262 10 responsibilities of the child care provider.
92299263 11 (Source: P.A. 102-538, eff. 8-20-21.)
92309264 12 (305 ILCS 5/9A-17)
92319265 13 Sec. 9A-17. Smart Start Child Care Program. Subject to
92329266 14 appropriation, the Department of Human Services shall
92339267 15 establish the Smart Start Child Care Program. The Smart Start
92349268 16 Child Care Program shall focus on creating affordable child
92359269 17 care, as well as increasing access to child care, for Illinois
92369270 18 residents and may include, but is not limited to, providing
92379271 19 funding to increase preschool availability, providing funding
92389272 20 for childcare workforce compensation or capital investments,
92399273 21 and expanding funding for Early Childhood Access Consortium
92409274 22 for Equity Scholarships. The Department shall establish
92419275 23 program eligibility criteria, participation conditions,
92429276 24 payment levels, and other program requirements by rule. The
92439277 25 Department of Human Services may consult with the Capital
92449278
92459279
92469280
92479281
92489282
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9250-
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92549288 1 Development Board, the Department of Commerce and Economic
92559289 2 Opportunity, and the Illinois Housing Development Authority in
92569290 3 the management and disbursement of funds for capital-related
92579291 4 projects. The Capital Development Board, the Department of
92589292 5 Commerce and Economic Opportunity, and the Illinois Housing
92599293 6 Development Authority shall act in a consulting role only for
92609294 7 the evaluation of applicants, scoring of applicants, or
92619295 8 administration of the grant program.
92629296 9 This Section is repealed on July 1, 2026.
92639297 10 (Source: P.A. 103-8, eff. 6-7-23.)
92649298 11 Section 90-50. The Early Intervention Services System Act
92659299 12 is amended by adding Section 20.1 as follows:
92669300 13 (325 ILCS 20/20.1 new)
92679301 14 Sec. 20.1. Repeal. This Act is repealed on July 1, 2026.
92689302 15 Section 90-55. The Infant/Early Childhood Mental Health
92699303 16 Consultations Act is amended by changing Section 35-5 as
92709304 17 follows:
92719305 18 (405 ILCS 47/35-5)
92729306 19 Sec. 35-5. Findings; policies.
92739307 20 (a) The General Assembly finds the following:
92749308 21 (1) Social and emotional development is a core
92759309 22 developmental domain in young children and is codified in
92769310
92779311
92789312
92799313
92809314
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92869320 1 the Illinois Early Learning Standards.
92879321 2 (2) Fostering social and emotional development in
92889322 3 early childhood means both providing the supportive
92899323 4 settings and interactions to maximize healthy social and
92909324 5 emotional development for all children, as well as
92919325 6 providing communities, programs, and providers with
92929326 7 systems of tiered supports with training to respond to
92939327 8 more significant social and emotional challenges or where
92949328 9 experiences of trauma may be more prevalent.
92959329 10 (3) Early care and education programs and providers,
92969330 11 across a range of settings, have an important role to play
92979331 12 in supporting young children and families, especially
92989332 13 those who face greater challenges, such as trauma
92999333 14 exposure, social isolation, pervasive poverty, and toxic
93009334 15 stress; if programs, teaching staff, caregivers, and
93019335 16 providers are not provided with the support, services, and
93029336 17 training needed to accomplish these goals, it can lead to
93039337 18 children and families being asked to leave programs,
93049338 19 particularly without connection to more appropriate
93059339 20 services, thereby creating a disruption in learning and
93069340 21 social-emotional development; investments in reflective
93079341 22 supervision, professional development specific to
93089342 23 diversity, equity and inclusion practice, culturally
93099343 24 responsive training, implicit bias training, and how
93109344 25 trauma experienced during the early years can manifest in
93119345 26 challenging behaviors will create systems for serving
93129346
93139347
93149348
93159349
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93229356 1 children that are informed in developmentally appropriate
93239357 2 and responsive supports.
93249358 3 (4) Studies have shown that the expulsion of infants,
93259359 4 toddlers, and young children in early care and education
93269360 5 settings is occurring at alarmingly high rates, more than
93279361 6 3 times that of students in K-12; further, expulsion
93289362 7 occurs more frequently for Black children and Latinx
93299363 8 children and more frequently for boys than for girls, with
93309364 9 Black boys being most frequently expelled; there is
93319365 10 evidence to show that the expulsion of Black girls is
93329366 11 occurring with increasing frequency.
93339367 12 (5) Illinois took its first steps toward addressing
93349368 13 this disparity through Public Act 100-105 to prohibit
93359369 14 expulsion due to child behavior in early care and
93369370 15 education settings, but further work is needed to
93379371 16 implement this law, including strengthening provider
93389372 17 understanding of a successful transition and beginning to
93399373 18 identify strategies to reduce "soft expulsions" and to
93409374 19 ensure more young children and their teachers, providers,
93419375 20 and caregivers, in a range of early care and education
93429376 21 settings, can benefit from services, such as Infant/Early
93439377 22 Childhood Mental Health Consultations (I/ECMHC) and
93449378 23 positive behavior interventions and supports such as the
93459379 24 Pyramid Model.
93469380 25 (6) I/ECMHC is a critical component needed to align
93479381 26 social-emotional well-being with the public health model
93489382
93499383
93509384
93519385
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93589392 1 of promotion, prevention, and intervention across early
93599393 2 care and education systems.
93609394 3 (b) The General Assembly encourages that all of the
93619395 4 following actions be taken by:
93629396 5 (1) the State to increase the availability of
93639397 6 Infant/Early Childhood Mental Health Consultations
93649398 7 (I/ECMHC) through increased funding in early childhood
93659399 8 programs and sustainable funding for coordination of
93669400 9 I/ECMHC and other social and emotional support at the
93679401 10 State level;
93689402 11 (2) the Department of Human Services (IDHS), the
93699403 12 Illinois State Board of Education (ISBE), the Governor's
93709404 13 Office of Early Childhood Development (GOECD), and other
93719405 14 relevant agencies to develop and promote
93729406 15 provider-accessible and parent-accessible materials,
93739407 16 including native language, on the role and value of
93749408 17 I/ECMHC, including targeted promotion in underserved
93759409 18 communities, and promote the use of existing I/ECMHCs, the
93769410 19 I/ECMHC consultant database, or other existing services;
93779411 20 (3) the State to increase funding to promote and
93789412 21 provide training and implementation support for systems of
93799413 22 tiered support, such as the Pyramid Model, across early
93809414 23 childhood settings and urge DHS, ISBE, GOECD, and other
93819415 24 relevant State agencies to coordinate efforts and develop
93829416 25 strategies to provide outreach to and support providers in
93839417 26 underserved communities and communities with fewer
93849418
93859419
93869420
93879421
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93949428 1 programmatic resources; and
93959429 2 (4) ISBE and DCFS to provide the data required by
93969430 3 Public Act 100-105, even if the data is incomplete at the
93979431 4 time due to data system challenges.
93989432 5 (c) This Section is repealed on July 1, 2026.
93999433 6 (Source: P.A. 101-654, eff. 3-8-21.)
94009434 7 Section 90-60. The Children's Mental Health Act is amended
94019435 8 by changing Section 5 as follows:
94029436 9 (405 ILCS 49/5)
94039437 10 Sec. 5. Children's Mental Health Partnership; Children's
94049438 11 Mental Health Plan.
94059439 12 (a) The Children's Mental Health Partnership (hereafter
94069440 13 referred to as "the Partnership") created under Public Act
94079441 14 93-495 and continued under Public Act 102-899 shall advise
94089442 15 State agencies on designing and implementing short-term and
94099443 16 long-term strategies to provide comprehensive and coordinated
94109444 17 services for children from birth to age 25 and their families
94119445 18 with the goal of addressing children's mental health needs
94129446 19 across a full continuum of care, including social determinants
94139447 20 of health, prevention, early identification, and treatment.
94149448 21 The recommended strategies shall build upon the
94159449 22 recommendations in the Children's Mental Health Plan of 2022
94169450 23 and may include, but are not limited to, recommendations
94179451 24 regarding the following:
94189452
94199453
94209454
94219455
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94289462 1 (1) Increasing public awareness on issues connected to
94299463 2 children's mental health and wellness to decrease stigma,
94309464 3 promote acceptance, and strengthen the ability of
94319465 4 children, families, and communities to access supports.
94329466 5 (2) Coordination of programs, services, and policies
94339467 6 across child-serving State agencies to best monitor and
94349468 7 assess spending, as well as foster innovation of adaptive
94359469 8 or new practices.
94369470 9 (3) Funding and resources for children's mental health
94379471 10 prevention, early identification, and treatment across
94389472 11 child-serving State agencies.
94399473 12 (4) Facilitation of research on best practices and
94409474 13 model programs and dissemination of this information to
94419475 14 State policymakers, practitioners, and the general public.
94429476 15 (5) Monitoring programs, services, and policies
94439477 16 addressing children's mental health and wellness.
94449478 17 (6) Growing, retaining, diversifying, and supporting
94459479 18 the child-serving workforce, with special emphasis on
94469480 19 professional development around child and family mental
94479481 20 health and wellness services.
94489482 21 (7) Supporting the design, implementation, and
94499483 22 evaluation of a quality-driven children's mental health
94509484 23 system of care across all child services that prevents
94519485 24 mental health concerns and mitigates trauma.
94529486 25 (8) Improving the system to more effectively meet the
94539487 26 emergency and residential placement needs for all children
94549488
94559489
94569490
94579491
94589492
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94649498 1 with severe mental and behavioral challenges.
94659499 2 (b) The Partnership shall have the responsibility of
94669500 3 developing and updating the Children's Mental Health Plan and
94679501 4 advising the relevant State agencies on implementation of the
94689502 5 Plan. The Children's Mental Health Partnership shall be
94699503 6 comprised of the following members:
94709504 7 (1) The Governor or his or her designee.
94719505 8 (2) The Attorney General or his or her designee.
94729506 9 (3) The Secretary of the Department of Human Services
94739507 10 or his or her designee.
94749508 11 (4) The State Superintendent of Education or his or
94759509 12 her designee.
94769510 13 (5) The Director of the Department of Children and
94779511 14 Family Services or his or her designee.
94789512 15 (6) The Director of the Department of Healthcare and
94799513 16 Family Services or his or her designee.
94809514 17 (7) The Director of the Department of Public Health or
94819515 18 his or her designee.
94829516 19 (8) The Director of the Department of Juvenile Justice
94839517 20 or his or her designee.
94849518 21 (9) The Secretary of Early Childhood Executive
94859519 22 Director of the Governor's Office of Early Childhood
94869520 23 Development or his or her designee.
94879521 24 (10) The Director of the Criminal Justice Information
94889522 25 Authority or his or her designee.
94899523 26 (11) One member of the General Assembly appointed by
94909524
94919525
94929526
94939527
94949528
9495- HB5451 Engrossed - 267 - LRB103 39421 KTG 69604 b
9496-
9497-
9498-HB5451 Engrossed- 268 -LRB103 39421 KTG 69604 b HB5451 Engrossed - 268 - LRB103 39421 KTG 69604 b
9499- HB5451 Engrossed - 268 - LRB103 39421 KTG 69604 b
9529+ HB5451 - 267 - LRB103 39421 KTG 69604 b
9530+
9531+
9532+HB5451- 268 -LRB103 39421 KTG 69604 b HB5451 - 268 - LRB103 39421 KTG 69604 b
9533+ HB5451 - 268 - LRB103 39421 KTG 69604 b
95009534 1 the Speaker of the House.
95019535 2 (12) One member of the General Assembly appointed by
95029536 3 the President of the Senate.
95039537 4 (13) One member of the General Assembly appointed by
95049538 5 the Minority Leader of the Senate.
95059539 6 (14) One member of the General Assembly appointed by
95069540 7 the Minority Leader of the House.
95079541 8 (15) Up to 25 representatives from the public
95089542 9 reflecting a diversity of age, gender identity, race,
95099543 10 ethnicity, socioeconomic status, and geographic location,
95109544 11 to be appointed by the Governor. Those public members
95119545 12 appointed under this paragraph must include, but are not
95129546 13 limited to:
95139547 14 (A) a family member or individual with lived
95149548 15 experience in the children's mental health system;
95159549 16 (B) a child advocate;
95169550 17 (C) a community mental health expert,
95179551 18 practitioner, or provider;
95189552 19 (D) a representative of a statewide association
95199553 20 representing a majority of hospitals in the State;
95209554 21 (E) an early childhood expert or practitioner;
95219555 22 (F) a representative from the K-12 school system;
95229556 23 (G) a representative from the healthcare sector;
95239557 24 (H) a substance use prevention expert or
95249558 25 practitioner, or a representative of a statewide
95259559 26 association representing community-based mental health
95269560
95279561
95289562
95299563
95309564
9531- HB5451 Engrossed - 268 - LRB103 39421 KTG 69604 b
9532-
9533-
9534-HB5451 Engrossed- 269 -LRB103 39421 KTG 69604 b HB5451 Engrossed - 269 - LRB103 39421 KTG 69604 b
9535- HB5451 Engrossed - 269 - LRB103 39421 KTG 69604 b
9565+ HB5451 - 268 - LRB103 39421 KTG 69604 b
9566+
9567+
9568+HB5451- 269 -LRB103 39421 KTG 69604 b HB5451 - 269 - LRB103 39421 KTG 69604 b
9569+ HB5451 - 269 - LRB103 39421 KTG 69604 b
95369570 1 substance use disorder treatment providers in the
95379571 2 State;
95389572 3 (I) a violence prevention expert or practitioner;
95399573 4 (J) a representative from the juvenile justice
95409574 5 system;
95419575 6 (K) a school social worker; and
95429576 7 (L) a representative of a statewide organization
95439577 8 representing pediatricians.
95449578 9 (16) Two co-chairs appointed by the Governor, one
95459579 10 being a representative from the public and one being a
95469580 11 representative from the State.
95479581 12 The members appointed by the Governor shall be appointed
95489582 13 for 4 years with one opportunity for reappointment, except as
95499583 14 otherwise provided for in this subsection. Members who were
95509584 15 appointed by the Governor and are serving on January 1, 2023
95519585 16 (the effective date of Public Act 102-899) shall maintain
95529586 17 their appointment until the term of their appointment has
95539587 18 expired. For new appointments made pursuant to Public Act
95549588 19 102-899, members shall be appointed for one-year, 2-year, or
95559589 20 4-year terms, as determined by the Governor, with no more than
95569590 21 9 of the Governor's new or existing appointees serving the
95579591 22 same term. Those new appointments serving a one-year or 2-year
95589592 23 term may be appointed to 2 additional 4-year terms. If a
95599593 24 vacancy occurs in the Partnership membership, the vacancy
95609594 25 shall be filled in the same manner as the original appointment
95619595 26 for the remainder of the term.
95629596
95639597
95649598
95659599
95669600
9567- HB5451 Engrossed - 269 - LRB103 39421 KTG 69604 b
9568-
9569-
9570-HB5451 Engrossed- 270 -LRB103 39421 KTG 69604 b HB5451 Engrossed - 270 - LRB103 39421 KTG 69604 b
9571- HB5451 Engrossed - 270 - LRB103 39421 KTG 69604 b
9601+ HB5451 - 269 - LRB103 39421 KTG 69604 b
9602+
9603+
9604+HB5451- 270 -LRB103 39421 KTG 69604 b HB5451 - 270 - LRB103 39421 KTG 69604 b
9605+ HB5451 - 270 - LRB103 39421 KTG 69604 b
95729606 1 The Partnership shall be convened no later than January
95739607 2 31, 2023 to discuss the changes in Public Act 102-899.
95749608 3 The members of the Partnership shall serve without
95759609 4 compensation but may be entitled to reimbursement for all
95769610 5 necessary expenses incurred in the performance of their
95779611 6 official duties as members of the Partnership from funds
95789612 7 appropriated for that purpose.
95799613 8 The Partnership may convene and appoint special committees
95809614 9 or study groups to operate under the direction of the
95819615 10 Partnership. Persons appointed to such special committees or
95829616 11 study groups shall only receive reimbursement for reasonable
95839617 12 expenses.
95849618 13 (b-5) The Partnership shall include an adjunct council
95859619 14 comprised of no more than 6 youth aged 14 to 25 and 4
95869620 15 representatives of 4 different community-based organizations
95879621 16 that focus on youth mental health. Of the community-based
95889622 17 organizations that focus on youth mental health, one of the
95899623 18 community-based organizations shall be led by an
95909624 19 LGBTQ-identified person, one of the community-based
95919625 20 organizations shall be led by a person of color, and one of the
95929626 21 community-based organizations shall be led by a woman. Of the
95939627 22 representatives appointed to the council from the
95949628 23 community-based organizations, at least one representative
95959629 24 shall be LGBTQ-identified, at least one representative shall
95969630 25 be a person of color, and at least one representative shall be
95979631 26 a woman. The council members shall be appointed by the Chair of
95989632
95999633
96009634
96019635
96029636
9603- HB5451 Engrossed - 270 - LRB103 39421 KTG 69604 b
9604-
9605-
9606-HB5451 Engrossed- 271 -LRB103 39421 KTG 69604 b HB5451 Engrossed - 271 - LRB103 39421 KTG 69604 b
9607- HB5451 Engrossed - 271 - LRB103 39421 KTG 69604 b
9637+ HB5451 - 270 - LRB103 39421 KTG 69604 b
9638+
9639+
9640+HB5451- 271 -LRB103 39421 KTG 69604 b HB5451 - 271 - LRB103 39421 KTG 69604 b
9641+ HB5451 - 271 - LRB103 39421 KTG 69604 b
96089642 1 the Partnership and shall reflect the racial, gender identity,
96099643 2 sexual orientation, ability, socioeconomic, ethnic, and
96109644 3 geographic diversity of the State, including rural, suburban,
96119645 4 and urban appointees. The council shall make recommendations
96129646 5 to the Partnership regarding youth mental health, including,
96139647 6 but not limited to, identifying barriers to youth feeling
96149648 7 supported by and empowered by the system of mental health and
96159649 8 treatment providers, barriers perceived by youth in accessing
96169650 9 mental health services, gaps in the mental health system,
96179651 10 available resources in schools, including youth's perceptions
96189652 11 and experiences with outreach personnel, agency websites, and
96199653 12 informational materials, methods to destigmatize mental health
96209654 13 services, and how to improve State policy concerning student
96219655 14 mental health. The mental health system may include services
96229656 15 for substance use disorders and addiction. The council shall
96239657 16 meet at least 4 times annually.
96249658 17 (c) (Blank).
96259659 18 (d) The Illinois Children's Mental Health Partnership has
96269660 19 the following powers and duties:
96279661 20 (1) Conducting research assessments to determine the
96289662 21 needs and gaps of programs, services, and policies that
96299663 22 touch children's mental health.
96309664 23 (2) Developing policy statements for interagency
96319665 24 cooperation to cover all aspects of mental health
96329666 25 delivery, including social determinants of health,
96339667 26 prevention, early identification, and treatment.
96349668
96359669
96369670
96379671
96389672
9639- HB5451 Engrossed - 271 - LRB103 39421 KTG 69604 b
9640-
9641-
9642-HB5451 Engrossed- 272 -LRB103 39421 KTG 69604 b HB5451 Engrossed - 272 - LRB103 39421 KTG 69604 b
9643- HB5451 Engrossed - 272 - LRB103 39421 KTG 69604 b
9673+ HB5451 - 271 - LRB103 39421 KTG 69604 b
9674+
9675+
9676+HB5451- 272 -LRB103 39421 KTG 69604 b HB5451 - 272 - LRB103 39421 KTG 69604 b
9677+ HB5451 - 272 - LRB103 39421 KTG 69604 b
96449678 1 (3) Recommending policies and providing information on
96459679 2 effective programs for delivery of mental health services.
96469680 3 (4) Using funding from federal, State, or
96479681 4 philanthropic partners, to fund pilot programs or research
96489682 5 activities to resource innovative practices by
96499683 6 organizational partners that will address children's
96509684 7 mental health. However, the Partnership may not provide
96519685 8 direct services.
96529686 9 (5) Submitting an annual report, on or before December
96539687 10 30 of each year, to the Governor and the General Assembly
96549688 11 on the progress of the Plan, any recommendations regarding
96559689 12 State policies, laws, or rules necessary to fulfill the
96569690 13 purposes of the Act, and any additional recommendations
96579691 14 regarding mental or behavioral health that the Partnership
96589692 15 deems necessary.
96599693 16 (6) Employing an Executive Director and setting the
96609694 17 compensation of the Executive Director and other such
96619695 18 employees and technical assistance as it deems necessary
96629696 19 to carry out its duties under this Section.
96639697 20 The Partnership may designate a fiscal and administrative
96649698 21 agent that can accept funds to carry out its duties as outlined
96659699 22 in this Section.
96669700 23 The Department of Healthcare and Family Services shall
96679701 24 provide technical and administrative support for the
96689702 25 Partnership.
96699703 26 (e) The Partnership may accept monetary gifts or grants
96709704
96719705
96729706
96739707
96749708
9675- HB5451 Engrossed - 272 - LRB103 39421 KTG 69604 b
9676-
9677-
9678-HB5451 Engrossed- 273 -LRB103 39421 KTG 69604 b HB5451 Engrossed - 273 - LRB103 39421 KTG 69604 b
9679- HB5451 Engrossed - 273 - LRB103 39421 KTG 69604 b
9709+ HB5451 - 272 - LRB103 39421 KTG 69604 b
9710+
9711+
9712+HB5451- 273 -LRB103 39421 KTG 69604 b HB5451 - 273 - LRB103 39421 KTG 69604 b
9713+ HB5451 - 273 - LRB103 39421 KTG 69604 b
96809714 1 from the federal government or any agency thereof, from any
96819715 2 charitable foundation or professional association, or from any
96829716 3 reputable source for implementation of any program necessary
96839717 4 or desirable to carry out the powers and duties as defined
96849718 5 under this Section.
96859719 6 (f) On or before January 1, 2027, the Partnership shall
96869720 7 submit recommendations to the Governor and General Assembly
96879721 8 that includes recommended updates to the Act to reflect the
96889722 9 current mental health landscape in this State.
96899723 10 (Source: P.A. 102-16, eff. 6-17-21; 102-116, eff. 7-23-21;
96909724 11 102-899, eff. 1-1-23; 102-1034, eff. 1-1-23; 103-154, eff.
96919725 12 6-30-23.)
96929726 13 Section 90-65. The Advisory Board for the Maternal and
96939727 14 Child Health Block Grant Programs Act is amended by changing
96949728 15 Section 15 as follows:
96959729 16 (410 ILCS 221/15)
96969730 17 Sec. 15. Advisory Board for the Maternal and Child Health
96979731 18 Block Grant Programs.
96989732 19 (a) The Advisory Board for the Maternal and Child Health
96999733 20 Block Grant Programs is created within the Department to
97009734 21 advise the Department on programs and activities related to
97019735 22 maternal and child health in the State of Illinois.
97029736 23 The Board shall consist of the Director's designee
97039737 24 responsible for maternal and child health programs, who shall
97049738
97059739
97069740
97079741
97089742
9709- HB5451 Engrossed - 273 - LRB103 39421 KTG 69604 b
9710-
9711-
9712-HB5451 Engrossed- 274 -LRB103 39421 KTG 69604 b HB5451 Engrossed - 274 - LRB103 39421 KTG 69604 b
9713- HB5451 Engrossed - 274 - LRB103 39421 KTG 69604 b
9743+ HB5451 - 273 - LRB103 39421 KTG 69604 b
9744+
9745+
9746+HB5451- 274 -LRB103 39421 KTG 69604 b HB5451 - 274 - LRB103 39421 KTG 69604 b
9747+ HB5451 - 274 - LRB103 39421 KTG 69604 b
97149748 1 serve as the Chair of the Board; the Department's Title V
97159749 2 administrator, if the Director's designee is not serving in
97169750 3 the capacity of Title V Director at the Department; one
97179751 4 representative each from the Department of Early Childhood,
97189752 5 the Department of Children and Family Services, the Department
97199753 6 of Human Services, and the Department of Healthcare and Family
97209754 7 Services, appointed by the Director or Secretary of each
97219755 8 Department; the Director of the University of Illinois at
97229756 9 Chicago's Division of Specialized Care for Children; 4 members
97239757 10 of the General Assembly, one each appointed by the President
97249758 11 and Minority Leader of the Senate and the Speaker and Minority
97259759 12 Leader of the House of Representatives; and 20 additional
97269760 13 members appointed by the Director.
97279761 14 Of the members appointed by the Director:
97289762 15 (1) Two shall be physicians licensed to practice
97299763 16 medicine in all of its branches who currently serve
97309764 17 patients enrolled in maternal and child health programs
97319765 18 funded by the State of Illinois, one of whom shall be an
97329766 19 individual with a specialty in obstetrics and gynecology
97339767 20 and one of whom shall be an individual with a specialty in
97349768 21 pediatric medicine;
97359769 22 (2) Sixteen shall be persons with expertise in one or
97369770 23 more of the following areas, with no more than 3 persons
97379771 24 from each listed area of expertise and with preference
97389772 25 given to the areas of need identified by the most recent
97399773 26 State needs assessment: the health of women, infants,
97409774
97419775
97429776
97439777
97449778
9745- HB5451 Engrossed - 274 - LRB103 39421 KTG 69604 b
9746-
9747-
9748-HB5451 Engrossed- 275 -LRB103 39421 KTG 69604 b HB5451 Engrossed - 275 - LRB103 39421 KTG 69604 b
9749- HB5451 Engrossed - 275 - LRB103 39421 KTG 69604 b
9779+ HB5451 - 274 - LRB103 39421 KTG 69604 b
9780+
9781+
9782+HB5451- 275 -LRB103 39421 KTG 69604 b HB5451 - 275 - LRB103 39421 KTG 69604 b
9783+ HB5451 - 275 - LRB103 39421 KTG 69604 b
97509784 1 young children, school-aged children, adolescents, and
97519785 2 children with special health care needs; public health;
97529786 3 epidemiology; behavioral health; nursing; social work;
97539787 4 substance abuse prevention; juvenile justice; oral health;
97549788 5 child development; chronic disease prevention; health
97559789 6 promotion; and education; 5 of the 16 members shall
97569790 7 represent organizations that provide maternal and child
97579791 8 health services with funds from the Department; and
97589792 9 (3) either 2 consumers who have received services
97599793 10 through a Department-funded maternal and child health
97609794 11 program, 2 representatives from advocacy groups that
97619795 12 advocate on behalf of such consumers, or one such consumer
97629796 13 and one such representative of an advocacy group.
97639797 14 Members appointed by the Director shall be selected to
97649798 15 represent the racial, ethnic, and geographic diversity of the
97659799 16 State's population and shall include representatives of local
97669800 17 health departments, other direct service providers, and
97679801 18 faculty of the University of Illinois at Chicago School of
97689802 19 Public Health Center of Excellence in Maternal and Child
97699803 20 Health.
97709804 21 Legislative members shall serve during their term of
97719805 22 office in the General Assembly. Members appointed by the
97729806 23 Director shall serve a term of 4 years or until their
97739807 24 successors are appointed.
97749808 25 Any member appointed to fill a vacancy occurring prior to
97759809 26 the expiration of the term for which his or her predecessor was
97769810
97779811
97789812
97799813
97809814
9781- HB5451 Engrossed - 275 - LRB103 39421 KTG 69604 b
9782-
9783-
9784-HB5451 Engrossed- 276 -LRB103 39421 KTG 69604 b HB5451 Engrossed - 276 - LRB103 39421 KTG 69604 b
9785- HB5451 Engrossed - 276 - LRB103 39421 KTG 69604 b
9815+ HB5451 - 275 - LRB103 39421 KTG 69604 b
9816+
9817+
9818+HB5451- 276 -LRB103 39421 KTG 69604 b HB5451 - 276 - LRB103 39421 KTG 69604 b
9819+ HB5451 - 276 - LRB103 39421 KTG 69604 b
97869820 1 appointed shall be appointed for the remainder of such term.
97879821 2 Members of the Board shall serve without compensation but
97889822 3 shall be reimbursed for necessary expenses incurred in the
97899823 4 performance of their duties.
97909824 5 (b) The Board shall advise the Director on improving the
97919825 6 well-being of mothers, fathers, infants, children, families,
97929826 7 and adults, considering both physical and social determinants
97939827 8 of health, and using a life-span approach to health promotion
97949828 9 and disease prevention in the State of Illinois. In addition,
97959829 10 the Board shall review and make recommendations to the
97969830 11 Department and the Governor in regard to the system for
97979831 12 maternal and child health programs, collaboration, and
97989832 13 interrelation between and delivery of programs, both within
97999833 14 the Department and with related programs in other departments.
98009834 15 In performing its duties, the Board may hold hearings
98019835 16 throughout the State and advise and receive advice from any
98029836 17 local advisory bodies created to address maternal and child
98039837 18 health.
98049838 19 (c) The Board may offer recommendations and feedback
98059839 20 regarding the development of the State's annual Maternal and
98069840 21 Child Health Services Block Grant application and report as
98079841 22 well as the periodic needs assessment.
98089842 23 (Source: P.A. 99-901, eff. 8-26-16.)
98099843 24 ARTICLE 99. NONACCELERATION, SEVERABILITY,
98109844 25 AND
98119845
98129846
98139847
98149848
98159849
9816- HB5451 Engrossed - 276 - LRB103 39421 KTG 69604 b
9817-
9818-
9819-HB5451 Engrossed- 277 -LRB103 39421 KTG 69604 b HB5451 Engrossed - 277 - LRB103 39421 KTG 69604 b
9820- HB5451 Engrossed - 277 - LRB103 39421 KTG 69604 b
9850+ HB5451 - 276 - LRB103 39421 KTG 69604 b
9851+
9852+
9853+HB5451- 277 -LRB103 39421 KTG 69604 b HB5451 - 277 - LRB103 39421 KTG 69604 b
9854+ HB5451 - 277 - LRB103 39421 KTG 69604 b
98219855 1 EFFECTIVE DATE
98229856 2 Section 99-1. No acceleration or delay. Where this Act
98239857 3 makes changes in a statute that is represented in this Act by
98249858 4 text that is not yet or no longer in effect (for example, a
98259859 5 Section represented by multiple versions), the use of that
98269860 6 text does not accelerate or delay the taking effect of (i) the
98279861 7 changes made by this Act or (ii) provisions derived from any
98289862 8 other Public Act.
98299863 9 Section 99-5. Severability. The provisions of this Act are
98309864 10 severable under Section 1.31 of the Statute on Statutes.
98319865 11 Section 99-99. Effective date. This Act takes effect upon
98329866 12 becoming law.
9833-HB5451 Engrossed- 278 -LRB103 39421 KTG 69604 b 1 INDEX 2 Statutes amended in order of appearance 3 New Act4 20 ILCS 5/5-10was 20 ILCS 5/2.15 20 ILCS 5/5-15was 20 ILCS 5/36 20 ILCS 5/5-20was 20 ILCS 5/47 20 ILCS 5/5-126 new8 20 ILCS 5/5-336 new9 20 ILCS 505/5.1510 20 ILCS 505/5.2011 20 ILCS 505/22.1from Ch. 23, par. 5022.112 20 ILCS 505/34.9from Ch. 23, par. 5034.913 20 ILCS 505/34.10from Ch. 23, par. 5034.1014 20 ILCS 1305/1-7515 20 ILCS 1305/10-1616 20 ILCS 1305/10-2217 20 ILCS 3933/1018 30 ILCS 500/1-1019 105 ILCS 5/1A-4from Ch. 122, par. 1A-420 105 ILCS 5/1C-221 105 ILCS 5/1C-422 105 ILCS 5/1D-123 105 ILCS 5/2-3.47from Ch. 122, par. 2-3.4724 105 ILCS 5/2-3.64a-1025 105 ILCS 5/2-3.71from Ch. 122, par. 2-3.71 HB5451 Engrossed- 279 -LRB103 39421 KTG 69604 b HB5451 Engrossed- 278 -LRB103 39421 KTG 69604 b HB5451 Engrossed - 278 - LRB103 39421 KTG 69604 b 1 INDEX 2 Statutes amended in order of appearance 3 New Act 4 20 ILCS 5/5-10 was 20 ILCS 5/2.1 5 20 ILCS 5/5-15 was 20 ILCS 5/3 6 20 ILCS 5/5-20 was 20 ILCS 5/4 7 20 ILCS 5/5-126 new 8 20 ILCS 5/5-336 new 9 20 ILCS 505/5.15 10 20 ILCS 505/5.20 11 20 ILCS 505/22.1 from Ch. 23, par. 5022.1 12 20 ILCS 505/34.9 from Ch. 23, par. 5034.9 13 20 ILCS 505/34.10 from Ch. 23, par. 5034.10 14 20 ILCS 1305/1-75 15 20 ILCS 1305/10-16 16 20 ILCS 1305/10-22 17 20 ILCS 3933/10 18 30 ILCS 500/1-10 19 105 ILCS 5/1A-4 from Ch. 122, par. 1A-4 20 105 ILCS 5/1C-2 21 105 ILCS 5/1C-4 22 105 ILCS 5/1D-1 23 105 ILCS 5/2-3.47 from Ch. 122, par. 2-3.47 24 105 ILCS 5/2-3.64a-10 25 105 ILCS 5/2-3.71 from Ch. 122, par. 2-3.71 HB5451 Engrossed- 279 -LRB103 39421 KTG 69604 b HB5451 Engrossed - 279 - LRB103 39421 KTG 69604 b
9834-HB5451 Engrossed- 278 -LRB103 39421 KTG 69604 b HB5451 Engrossed - 278 - LRB103 39421 KTG 69604 b
9835- HB5451 Engrossed - 278 - LRB103 39421 KTG 69604 b
9867+HB5451- 278 -LRB103 39421 KTG 69604 b 1 INDEX 2 Statutes amended in order of appearance 3 New Act4 20 ILCS 5/5-10was 20 ILCS 5/2.15 20 ILCS 5/5-15was 20 ILCS 5/36 20 ILCS 5/5-20was 20 ILCS 5/47 20 ILCS 5/5-126 new8 20 ILCS 5/5-336 new9 20 ILCS 505/5.1510 20 ILCS 505/5.2011 20 ILCS 505/22.1from Ch. 23, par. 5022.112 20 ILCS 505/34.9from Ch. 23, par. 5034.913 20 ILCS 505/34.10from Ch. 23, par. 5034.1014 20 ILCS 1305/1-7515 20 ILCS 1305/10-1616 20 ILCS 1305/10-2217 20 ILCS 3933/1018 30 ILCS 500/1-1019 105 ILCS 5/1A-4from Ch. 122, par. 1A-420 105 ILCS 5/1C-221 105 ILCS 5/1C-422 105 ILCS 5/1D-123 105 ILCS 5/2-3.47from Ch. 122, par. 2-3.4724 105 ILCS 5/2-3.64a-1025 105 ILCS 5/2-3.71from Ch. 122, par. 2-3.71 HB5451- 279 -LRB103 39421 KTG 69604 b HB5451- 278 -LRB103 39421 KTG 69604 b HB5451 - 278 - LRB103 39421 KTG 69604 b 1 INDEX 2 Statutes amended in order of appearance 3 New Act 4 20 ILCS 5/5-10 was 20 ILCS 5/2.1 5 20 ILCS 5/5-15 was 20 ILCS 5/3 6 20 ILCS 5/5-20 was 20 ILCS 5/4 7 20 ILCS 5/5-126 new 8 20 ILCS 5/5-336 new 9 20 ILCS 505/5.15 10 20 ILCS 505/5.20 11 20 ILCS 505/22.1 from Ch. 23, par. 5022.1 12 20 ILCS 505/34.9 from Ch. 23, par. 5034.9 13 20 ILCS 505/34.10 from Ch. 23, par. 5034.10 14 20 ILCS 1305/1-75 15 20 ILCS 1305/10-16 16 20 ILCS 1305/10-22 17 20 ILCS 3933/10 18 30 ILCS 500/1-10 19 105 ILCS 5/1A-4 from Ch. 122, par. 1A-4 20 105 ILCS 5/1C-2 21 105 ILCS 5/1C-4 22 105 ILCS 5/1D-1 23 105 ILCS 5/2-3.47 from Ch. 122, par. 2-3.47 24 105 ILCS 5/2-3.64a-10 25 105 ILCS 5/2-3.71 from Ch. 122, par. 2-3.71 HB5451- 279 -LRB103 39421 KTG 69604 b HB5451 - 279 - LRB103 39421 KTG 69604 b
9868+HB5451- 278 -LRB103 39421 KTG 69604 b HB5451 - 278 - LRB103 39421 KTG 69604 b
9869+ HB5451 - 278 - LRB103 39421 KTG 69604 b
98369870 1 INDEX
98379871 2 Statutes amended in order of appearance
98389872 3 New Act
98399873 4 20 ILCS 5/5-10 was 20 ILCS 5/2.1
98409874 5 20 ILCS 5/5-15 was 20 ILCS 5/3
98419875 6 20 ILCS 5/5-20 was 20 ILCS 5/4
98429876 7 20 ILCS 5/5-126 new
98439877 8 20 ILCS 5/5-336 new
98449878 9 20 ILCS 505/5.15
98459879 10 20 ILCS 505/5.20
98469880 11 20 ILCS 505/22.1 from Ch. 23, par. 5022.1
98479881 12 20 ILCS 505/34.9 from Ch. 23, par. 5034.9
98489882 13 20 ILCS 505/34.10 from Ch. 23, par. 5034.10
98499883 14 20 ILCS 1305/1-75
98509884 15 20 ILCS 1305/10-16
98519885 16 20 ILCS 1305/10-22
98529886 17 20 ILCS 3933/10
98539887 18 30 ILCS 500/1-10
98549888 19 105 ILCS 5/1A-4 from Ch. 122, par. 1A-4
98559889 20 105 ILCS 5/1C-2
98569890 21 105 ILCS 5/1C-4
98579891 22 105 ILCS 5/1D-1
98589892 23 105 ILCS 5/2-3.47 from Ch. 122, par. 2-3.47
98599893 24 105 ILCS 5/2-3.64a-10
98609894 25 105 ILCS 5/2-3.71 from Ch. 122, par. 2-3.71
9861-HB5451 Engrossed- 279 -LRB103 39421 KTG 69604 b HB5451 Engrossed - 279 - LRB103 39421 KTG 69604 b
9862- HB5451 Engrossed - 279 - LRB103 39421 KTG 69604 b
9863-
9864-
9865-
9866-
9867-
9868- HB5451 Engrossed - 277 - LRB103 39421 KTG 69604 b
9869-
9870-
9871-
9872-HB5451 Engrossed- 278 -LRB103 39421 KTG 69604 b HB5451 Engrossed - 278 - LRB103 39421 KTG 69604 b
9873- HB5451 Engrossed - 278 - LRB103 39421 KTG 69604 b
9895+HB5451- 279 -LRB103 39421 KTG 69604 b HB5451 - 279 - LRB103 39421 KTG 69604 b
9896+ HB5451 - 279 - LRB103 39421 KTG 69604 b
9897+
9898+
9899+
9900+
9901+
9902+ HB5451 - 277 - LRB103 39421 KTG 69604 b
9903+
9904+
9905+
9906+HB5451- 278 -LRB103 39421 KTG 69604 b HB5451 - 278 - LRB103 39421 KTG 69604 b
9907+ HB5451 - 278 - LRB103 39421 KTG 69604 b
98749908 1 INDEX
98759909 2 Statutes amended in order of appearance
98769910 3 New Act
98779911 4 20 ILCS 5/5-10 was 20 ILCS 5/2.1
98789912 5 20 ILCS 5/5-15 was 20 ILCS 5/3
98799913 6 20 ILCS 5/5-20 was 20 ILCS 5/4
98809914 7 20 ILCS 5/5-126 new
98819915 8 20 ILCS 5/5-336 new
98829916 9 20 ILCS 505/5.15
98839917 10 20 ILCS 505/5.20
98849918 11 20 ILCS 505/22.1 from Ch. 23, par. 5022.1
98859919 12 20 ILCS 505/34.9 from Ch. 23, par. 5034.9
98869920 13 20 ILCS 505/34.10 from Ch. 23, par. 5034.10
98879921 14 20 ILCS 1305/1-75
98889922 15 20 ILCS 1305/10-16
98899923 16 20 ILCS 1305/10-22
98909924 17 20 ILCS 3933/10
98919925 18 30 ILCS 500/1-10
98929926 19 105 ILCS 5/1A-4 from Ch. 122, par. 1A-4
98939927 20 105 ILCS 5/1C-2
98949928 21 105 ILCS 5/1C-4
98959929 22 105 ILCS 5/1D-1
98969930 23 105 ILCS 5/2-3.47 from Ch. 122, par. 2-3.47
98979931 24 105 ILCS 5/2-3.64a-10
98989932 25 105 ILCS 5/2-3.71 from Ch. 122, par. 2-3.71
98999933
99009934
99019935
99029936
99039937
9904- HB5451 Engrossed - 278 - LRB103 39421 KTG 69604 b
9905-
9906-
9907-HB5451 Engrossed- 279 -LRB103 39421 KTG 69604 b HB5451 Engrossed - 279 - LRB103 39421 KTG 69604 b
9908- HB5451 Engrossed - 279 - LRB103 39421 KTG 69604 b
9909-
9910-
9911-
9912-
9913-
9914- HB5451 Engrossed - 279 - LRB103 39421 KTG 69604 b
9938+ HB5451 - 278 - LRB103 39421 KTG 69604 b
9939+
9940+
9941+HB5451- 279 -LRB103 39421 KTG 69604 b HB5451 - 279 - LRB103 39421 KTG 69604 b
9942+ HB5451 - 279 - LRB103 39421 KTG 69604 b
9943+
9944+
9945+
9946+
9947+
9948+ HB5451 - 279 - LRB103 39421 KTG 69604 b