Illinois 2023-2024 Regular Session

Illinois Senate Bill SB3777 Compare Versions

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

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3777 Introduced 2/9/2024, by Sen. Kimberly A. Lightford 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 39527 KTG 69733 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3777 Introduced 2/9/2024, by Sen. Kimberly A. Lightford 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 39527 KTG 69733 b LRB103 39527 KTG 69733 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3777 Introduced 2/9/2024, by Sen. Kimberly A. Lightford SYNOPSIS AS INTRODUCED:
3	3	See Index See Index
4	4	See Index
5	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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11	11	1 AN ACT concerning the Department of Early Childhood.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 ARTICLE 1. GENERAL PROVISIONS
15	15	5 Section 1-1. Short title. This Act may be cited as the
16	16	6 Department of Early Childhood Act.
17	17	7 Section 1-5. Findings. The General Assembly finds that:
18	18	8 (1) There are over 875,000 children under the age of 5 in
19	19	9 Illinois, nearly half of whom are under the age of 3. At birth,
20	20	10 a baby's brain is 25 percent the size of an adult's brain. Yet,
21	21	11 an infant's brain has roughly 86 billion neurons, almost all
22	22	12 the neurons the human brain will ever have.
23	23	13 (2) From 3 to 15 months, neuron connections form at a rate
24	24	14 of 40,000 per second. By age 3, synaptic connections have
25	25	15 grown to 100 trillion. Ages 3 to 5 are critical years to build
26	26	16 executive function skills like focusing attention, remembering
27	27	17 instructions, and demonstrating self-control. Without these
28	28	18 skills, children are not fully equipped to learn when they
29	29	19 enter kindergarten. By age 5, 90% of brain development is
30	30	20 complete.
31	31	21 (3) Prenatal programs improve the regular care of birthing
32	32	22 parents, reduce the risk of infant low birth weight and
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36	36	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3777 Introduced 2/9/2024, by Sen. Kimberly A. Lightford SYNOPSIS AS INTRODUCED:
37	37	See Index See Index
38	38	See Index
39	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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67	67	1 mortality, and increase regular child wellness visits,
68	68	2 screenings, and immunizations.
69	69	3 (4) Early childhood education and care not only improve
70	70	4 school readiness and literacy, but also improve cognitive
71	71	5 development for future success in life, school, and the
72	72	6 workforce.
73	73	7 (5) Research shows that for every dollar invested in
74	74	8 high-quality early childhood education and care, society gains
75	75	9 over $7 in economic returns in the long-term.
76	76	10 (6) Supporting children means supporting their parents and
77	77	11 families. The early childhood education and care industry is
78	78	12 the workforce behind all other workforces. High-quality child
79	79	13 care enables parents and families to consistently work and
80	80	14 earn an income to support their children. Research also shows
81	81	15 that early childhood education and care programs can reduce
82	82	16 parental stress and improve family well-being.
83	83	17 (7) Investing in early childhood education and care is in
84	84	18 the interest of all residents and will make Illinois the best
85	85	19 state in the nation to raise young children.
86	86	20 Section 1-10. Purpose. It is the purpose of this Act to
87	87	21 provide for the creation of the Department of Early Childhood
88	88	22 and to transfer to it certain rights, powers, duties, and
89	89	23 functions currently exercised by various agencies of State
90	90	24 Government. The Department of Early Childhood shall be the
91	91	25 lead State agency for administering and providing early
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102	102	1 childhood education and care programs and services to children
103	103	2 and families. This Act centralizes home-visiting services,
104	104	3 early intervention services, preschool services, child care
105	105	4 services, licensing for day care centers, day care homes, and
106	106	5 group day care homes, and other early childhood education and
107	107	6 care programs and administrative functions historically
108	108	7 managed by the Illinois State Board of Education, the Illinois
109	109	8 Department of Human Services, and the Illinois Department of
110	110	9 Children and Family Services. Centralizing early childhood
111	111	10 functions into a single State agency is intended to simplify
112	112	11 the process for parents and caregivers to identify and enroll
113	113	12 children in early childhood services, to create new,
114	114	13 equity-driven statewide systems, to streamline administrative
115	115	14 functions for providers, and to improve kindergarten readiness
116	116	15 for children.
117	117	16 Section 1-11. Rights; privileges; protections.
118	118	17 Notwithstanding any provision of law to the contrary, any
119	119	18 rights, privileges, or protections afforded to students in
120	120	19 early childhood education and care programs, including
121	121	20 undocumented students, under the School Code or any other
122	122	21 provision of law shall not terminate upon the effective date
123	123	22 of this Act.
124	124	23 Section 1-15. Definitions. As used in this Act, unless the
125	125	24 context otherwise requires:
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136	136	1 "Department" means the Department of Early Childhood.
137	137	2 "Secretary" means the Secretary of Early Childhood.
138	138	3 "Transferring agency" means the Department of Human
139	139	4 Services, Department of Children and Family Services, and the
140	140	5 State Board of Education.
141	141	6 Section 1-20. Department; Secretary; organization.
142	142	7 (a) The Department of Early Childhood is created and shall
143	143	8 begin operation on July 1, 2024.
144	144	9 (b) The head officer of the Department is the Secretary.
145	145	10 The Secretary shall be appointed by the Governor, with the
146	146	11 advice and consent of the Senate. The Department may employ or
147	147	12 retain other persons to assist in the discharge of its
148	148	13 functions, subject to the Personnel Code.
149	149	14 (c) The Governor may, with the advice and consent of the
150	150	15 Senate, appoint an appropriate number of persons to serve as
151	151	16 Assistant Secretaries to head the major programmatic divisions
152	152	17 of the Department. Assistant Secretaries shall not be subject
153	153	18 to the Personnel Code.
154	154	19 (d) The Secretary shall create divisions and
155	155	20 administrative units within the Department and shall assign
156	156	21 functions, powers, duties, and personnel as may now or in the
157	157	22 future be required by State or federal law. The Secretary may
158	158	23 create other divisions and administrative units and may assign
159	159	24 other functions, powers, duties, and personnel as may be
160	160	25 necessary or desirable to carry out the functions and
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171	171	1 responsibilities vested by law in the Department.
172	172	2 Section 1-30. General powers and duties.
173	173	3 (a) The Department shall exercise the rights, powers,
174	174	4 duties, and functions provided by law, including, but not
175	175	5 limited to, the rights, powers, duties, and functions
176	176	6 transferred to the Department.
177	177	7 (b) The Department may employ personnel (in accordance
178	178	8 with the Personnel Code and any applicable collective
179	179	9 bargaining agreements), provide facilities, contract for goods
180	180	10 and services, and adopt rules as necessary to carry out its
181	181	11 functions and purposes, all in accordance with applicable
182	182	12 State and federal law.
183	183	13 The Department may establish such subdivisions of the
184	184	14 Department as shall be desirable and assign to the various
185	185	15 subdivisions the responsibilities and duties placed upon the
186	186	16 Department by the Laws of the State of Illinois.
187	187	17 The Department shall adopt, as necessary, rules for the
188	188	18 execution of its powers. The provisions of the Illinois
189	189	19 Administrative Procedure Act are hereby expressly adopted and
190	190	20 shall apply to all administrative rules and procedures of the
191	191	21 Department under this Act, except that Section 5-35 of the
192	192	22 Illinois Administrative Procedure Act relating to procedures
193	193	23 for rulemaking does not apply to the adoption of any rule
194	194	24 required by federal law in connection with which the
195	195	25 Department is precluded by law from exercising any discretion.
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206	206	1 (c) Procurement; contracts necessary for the creation of
207	207	2 the Department of Early Childhood and the implementation of
208	208	3 the Department's mission are not subject to the Illinois
209	209	4 Procurement Code provided that the process shall be conducted
210	210	5 in a manner substantially in accordance with the requirements
211	211	6 of the following Sections of the Illinois Procurement Code:
212	212	7 20-160, 50-5, 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20,
213	213	8 50-21, 50-35, 50-36, 50-37, 50-38, and 50-50. Contracts
214	214	9 entered into by the Department of Early Childhood using this
215	215	10 exemption shall not exceed 3 years in length and must expire no
216	216	11 later than July 1, 2027. All contracts entered into after July
217	217	12 1, 2027, are subject to the Procurement Code and the
218	218	13 requirements therein. Contracts entered into utilizing this
219	219	14 exemption shall be posted to the agency website for one year
220	220	15 after contract execution.
221	221	16 ARTICLE 10. POWERS AND DUTIES RELATING TO EARLY INTERVENTION
222	222	17 SERVICES
223	223	18 Section 10-5. Transition planning. Beginning July 1, 2024,
224	224	19 the Department of Early Childhood and the Department of Human
225	225	20 Services shall collaborate and plan for the transition of
226	226	21 administrative responsibilities as prescribed in the Early
227	227	22 Intervention Services System Act.
228	228	23 Section 10-10. Legislative findings and policy.
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239	239	1 (a) The General Assembly finds that there is an urgent and
240	240	2 substantial need to:
241	241	3 (1) enhance the development of all eligible infants
242	242	4 and toddlers in the State of Illinois in order to minimize
243	243	5 developmental delay and maximize individual potential for
244	244	6 adult independence;
245	245	7 (2) enhance the capacity of families to meet the
246	246	8 special needs of eligible infants and toddlers including
247	247	9 the purchase of services when necessary;
248	248	10 (3) reduce educational costs by minimizing the need
249	249	11 for special education and related services when eligible
250	250	12 infants and toddlers reach school age;
251	251	13 (4) enhance the independence, productivity and
252	252	14 integration with age-appropriate peers of eligible
253	253	15 children and their families;
254	254	16 (5) reduce social services costs and minimize the need
255	255	17 for institutionalization; and
256	256	18 (6) prevent secondary impairments and disabilities by
257	257	19 improving the health of infants and toddlers, thereby
258	258	20 reducing health costs for the families and the State.
259	259	21 (b) The General Assembly therefore intends that the
260	260	22 policy of this State shall be to:
261	261	23 (1) affirm the importance of the family in all areas
262	262	24 of the child's development and reinforce the role of the
263	263	25 family as a participant in the decision-making processes
264	264	26 regarding their child;
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275	275	1 (2) provide assistance and support to eligible infants
276	276	2 and toddlers and their families to address the individual
277	277	3 concerns and decisions of each family;
278	278	4 (3) develop and implement, on a statewide basis,
279	279	5 locally based comprehensive, coordinated,
280	280	6 interdisciplinary, interagency early intervention
281	281	7 services for all eligible infants and toddlers;
282	282	8 (4) enhance the local communities' capacity to provide
283	283	9 an array of quality early intervention services;
284	284	10 (5) identify and coordinate all available resources
285	285	11 for early intervention within the State including those
286	286	12 from federal, State, local and private sources;
287	287	13 (6) provide financial and technical assistance to
288	288	14 local communities for the purposes of coordinating early
289	289	15 intervention services in local communities and enhancing
290	290	16 the communities' capacity to provide individualized early
291	291	17 intervention services to all eligible infants and toddlers
292	292	18 in their homes or in community environments; and
293	293	19 (7) affirm that eligible infants and toddlers have a
294	294	20 right to receive early intervention services to the
295	295	21 maximum extent appropriate, in natural environments in
296	296	22 which infants and toddlers without disabilities would
297	297	23 participate.
298	298	24 (c) The General Assembly further finds that early
299	299	25 intervention services are cost-effective and effectively serve
300	300	26 the developmental needs of eligible infants and toddlers and
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311	311	1 their families. Therefore, the purpose of this Act is to
312	312	2 provide a comprehensive, coordinated, interagency,
313	313	3 interdisciplinary early intervention services system for
314	314	4 eligible infants and toddlers and their families by enhancing
315	315	5 the capacity to provide quality early intervention services,
316	316	6 expanding and improving existing services, and facilitating
317	317	7 coordination of payments for early intervention services from
318	318	8 various public and private sources.
319	319	9 Section 10-15. Definitions. As used in this Act:
320	320	10 (a) "Eligible infants and toddlers" means infants and
321	321	11 toddlers under 36 months of age with any of the following
322	322	12 conditions:
323	323	13 (1) Developmental delays.
324	324	14 (2) A physical or mental condition which typically
325	325	15 results in developmental delay.
326	326	16 (3) Being at risk of having substantial developmental
327	327	17 delays based on informed clinical opinion.
328	328	18 (4) Either (A) having entered the program under any of
329	329	19 the circumstances listed in paragraphs (1) through (3) of
330	330	20 this subsection but no longer meeting the current
331	331	21 eligibility criteria under those paragraphs, and
332	332	22 continuing to have any measurable delay, or (B) not having
333	333	23 attained a level of development in each area, including
334	334	24 (i) cognitive, (ii) physical (including vision and
335	335	25 hearing), (iii) language, speech, and communication, (iv)
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346	346	1 social or emotional, or (v) adaptive, that is at least at
347	347	2 the mean of the child's age equivalent peers; and, in
348	348	3 addition to either item (A) or item (B), (C) having been
349	349	4 determined by the multidisciplinary individualized family
350	350	5 service plan team to require the continuation of early
351	351	6 intervention services in order to support continuing
352	352	7 developmental progress, pursuant to the child's needs and
353	353	8 provided in an appropriate developmental manner. The type,
354	354	9 frequency, and intensity of services shall differ from the
355	355	10 initial individualized family services plan because of the
356	356	11 child's developmental progress, and may consist of only
357	357	12 service coordination, evaluation, and assessments.
358	358	13 "Eligible infants and toddlers" includes any child under
359	359	14 the age of 3 who is the subject of a substantiated case of
360	360	15 child abuse or neglect as defined in the federal Child Abuse
361	361	16 Prevention and Treatment Act.
362	362	17 (b) "Developmental delay" means a delay in one or more of
363	363	18 the following areas of childhood development as measured by
364	364	19 appropriate diagnostic instruments and standard procedures:
365	365	20 cognitive; physical, including vision and hearing; language,
366	366	21 speech and communication; social or emotional; or adaptive.
367	367	22 The term means a delay of 30% or more below the mean in
368	368	23 function in one or more of those areas.
369	369	24 (c) "Physical or mental condition which typically results
370	370	25 in developmental delay" means:
371	371	26 (1) a diagnosed medical disorder or exposure to a
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382	382	1 toxic substance bearing a relatively well known expectancy
383	383	2 for developmental outcomes within varying ranges of
384	384	3 developmental disabilities; or
385	385	4 (2) a history of prenatal, perinatal, neonatal or
386	386	5 early developmental events suggestive of biological
387	387	6 insults to the developing central nervous system and which
388	388	7 either singly or collectively increase the probability of
389	389	8 developing a disability or delay based on a medical
390	390	9 history.
391	391	10 (d) "Informed clinical opinion" means both clinical
392	392	11 observations and parental participation to determine
393	393	12 eligibility by a consensus of a multidisciplinary team of 2 or
394	394	13 more members based on their professional experience and
395	395	14 expertise.
396	396	15 (e) "Early intervention services" means services which:
397	397	16 (1) are designed to meet the developmental needs of
398	398	17 each child eligible under this Act and the needs of his or
399	399	18 her family;
400	400	19 (2) are selected in collaboration with the child's
401	401	20 family;
402	402	21 (3) are provided under public supervision;
403	403	22 (4) are provided at no cost except where a schedule of
404	404	23 sliding scale fees or other system of payments by families
405	405	24 has been adopted in accordance with State and federal law;
406	406	25 (5) are designed to meet an infant's or toddler's
407	407	26 developmental needs in any of the following areas:
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418	418	1 (A) physical development, including vision and
419	419	2 hearing,
420	420	3 (B) cognitive development,
421	421	4 (C) communication development,
422	422	5 (D) social or emotional development, or
423	423	6 (E) adaptive development;
424	424	7 (6) meet the standards of the State, including the
425	425	8 requirements of this Act;
426	426	9 (7) include one or more of the following:
427	427	10 (A) family training,
428	428	11 (B) social work services, including counseling,
429	429	12 and home visits,
430	430	13 (C) special instruction,
431	431	14 (D) speech, language pathology and audiology,
432	432	15 (E) occupational therapy,
433	433	16 (F) physical therapy,
434	434	17 (G) psychological services,
435	435	18 (H) service coordination services,
436	436	19 (I) medical services only for diagnostic or
437	437	20 evaluation purposes,
438	438	21 (J) early identification, screening, and
439	439	22 assessment services,
440	440	23 (K) health services specified by the lead agency
441	441	24 as necessary to enable the infant or toddler to
442	442	25 benefit from the other early intervention services,
443	443	26 (L) vision services,
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454	454	1 (M) transportation,
455	455	2 (N) assistive technology devices and services,
456	456	3 (O) nursing services,
457	457	4 (P) nutrition services, and
458	458	5 (Q) sign language and cued language services;
459	459	6 (8) are provided by qualified personnel, including but
460	460	7 not limited to:
461	461	8 (A) child development specialists or special
462	462	9 educators, including teachers of children with hearing
463	463	10 impairments (including deafness) and teachers of
464	464	11 children with vision impairments (including
465	465	12 blindness),
466	466	13 (B) speech and language pathologists and
467	467	14 audiologists,
468	468	15 (C) occupational therapists,
469	469	16 (D) physical therapists,
470	470	17 (E) social workers,
471	471	18 (F) nurses,
472	472	19 (G) dietitian nutritionists,
473	473	20 (H) vision specialists, including ophthalmologists
474	474	21 and optometrists,
475	475	22 (I) psychologists, and
476	476	23 (J) physicians;
477	477	24 (9) are provided in conformity with an Individualized
478	478	25 Family Service Plan;
479	479	26 (10) are provided throughout the year; and
480	480
481	481
482	482
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490	490	1 (11) are provided in natural environments, to the
491	491	2 maximum extent appropriate, which may include the home and
492	492	3 community settings, unless justification is provided
493	493	4 consistent with federal regulations adopted under Sections
494	494	5 1431 through 1444 of Title 20 of the United States Code.
495	495	6 (f) "Individualized Family Service Plan" or "Plan" means a
496	496	7 written plan for providing early intervention services to a
497	497	8 child eligible under this Act and the child's family, as set
498	498	9 forth in Section 10-65.
499	499	10 (g) "Local interagency agreement" means an agreement
500	500	11 entered into by local community and State and regional
501	501	12 agencies receiving early intervention funds directly from the
502	502	13 State and made in accordance with State interagency agreements
503	503	14 providing for the delivery of early intervention services
504	504	15 within a local community area.
505	505	16 (h) "Council" means the Illinois Interagency Council on
506	506	17 Early Intervention established under Section 10-30.
507	507	18 (i) "Lead agency" means the State agency responsible for
508	508	19 administering this Act and receiving and disbursing public
509	509	20 funds received in accordance with State and federal law and
510	510	21 rules.
511	511	22 (i-5) "Central billing office" means the central billing
512	512	23 office created by the lead agency under Section 10-75.
513	513	24 (j) "Child find" means a service which identifies eligible
514	514	25 infants and toddlers.
515	515	26 (k) "Regional intake entity" means the lead agency's
516	516
517	517
518	518
519	519
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522	522
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526	526	1 designated entity responsible for implementation of the Early
527	527	2 Intervention Services System within its designated geographic
528	528	3 area.
529	529	4 (l) "Early intervention provider" means an individual who
530	530	5 is qualified, as defined by the lead agency, to provide one or
531	531	6 more types of early intervention services, and who has
532	532	7 enrolled as a provider in the early intervention program.
533	533	8 (m) "Fully credentialed early intervention provider" means
534	534	9 an individual who has met the standards in the State
535	535	10 applicable to the relevant profession, and has met such other
536	536	11 qualifications as the lead agency has determined are suitable
537	537	12 for personnel providing early intervention services, including
538	538	13 pediatric experience, education, and continuing education. The
539	539	14 lead agency shall establish these qualifications by rule filed
540	540	15 no later than 180 days after the effective date of this Act.
541	541	16 (n) "Telehealth" has the meaning given to that term in
542	542	17 Section 5 of the Telehealth Act.
543	543	18 (o) "Department" means Department of Early Childhood
544	544	19 unless otherwise specified.
545	545	20 Section 10-25. Services delivered by telehealth. An early
546	546	21 intervention provider may deliver via telehealth any type of
547	547	22 early intervention service outlined in subsection (e) of
548	548	23 Section 10-15 to the extent of the early intervention
549	549	24 provider's scope of practice as established in the provider's
550	550	25 respective licensing Act consistent with the standards of care
551	551
552	552
553	553
554	554
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557	557
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561	561	1 for in-person services. This Section shall not be construed to
562	562	2 alter the scope of practice of any early intervention provider
563	563	3 or authorize the delivery of early intervention services in a
564	564	4 setting or in a manner not otherwise authorized by the laws of
565	565	5 this State.
566	566	6 Section 10-30. Illinois Interagency Council on Early
567	567	7 Intervention.
568	568	8 (a) There is established the Illinois Interagency Council
569	569	9 on Early Intervention. The Council shall be composed of at
570	570	10 least 20 but not more than 30 members. The members of the
571	571	11 Council and the designated chairperson of the Council shall be
572	572	12 appointed by the Governor. The Council member representing the
573	573	13 lead agency may not serve as chairperson of the Council. On and
574	574	14 after July 1, 2026, the Council shall be composed of the
575	575	15 following members:
576	576	16 (1) The Secretary of Early Childhood (or the Secretary's
577	577	17 designee) and 2 additional representatives of the Department
578	578	18 of Early Childhood designated by the Secretary, plus the
579	579	19 Directors (or their designees) of the following State agencies
580	580	20 involved in the provision of or payment for early intervention
581	581	21 services to eligible infants and toddlers and their families:
582	582	22 (A) Department of Insurance; and
583	583	23 (B) Department of Healthcare and Family Services.
584	584	24 (2) Other members as follows:
585	585	25 (A) At least 20% of the members of the Council shall be
586	586
587	587
588	588
589	589
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592	592
593	593
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596	596	1 parents, including minority parents, of infants or
597	597	2 toddlers with disabilities or children with disabilities
598	598	3 aged 12 or younger, with knowledge of, or experience with,
599	599	4 programs for infants and toddlers with disabilities. At
600	600	5 least one such member shall be a parent of an infant or
601	601	6 toddler with a disability or a child with a disability
602	602	7 aged 6 or younger;
603	603	8 (B) At least 20% of the members of the Council shall be
604	604	9 public or private providers of early intervention
605	605	10 services;
606	606	11 (C) One member shall be a representative of the
607	607	12 General Assembly;
608	608	13 (D) One member shall be involved in the preparation of
609	609	14 professional personnel to serve infants and toddlers
610	610	15 similar to those eligible for services under this Act;
611	611	16 (E) Two members shall be from advocacy organizations
612	612	17 with expertise in improving health, development, and
613	613	18 educational outcomes for infants and toddlers with
614	614	19 disabilities;
615	615	20 (F) One member shall be a Child and Family Connections
616	616	21 manager from a rural district;
617	617	22 (G) One member shall be a Child and Family Connections
618	618	23 manager from an urban district;
619	619	24 (H) One member shall be the co-chair of the Illinois
620	620	25 Early Learning Council (or their designee); and
621	621	26 (I) Members representing the following agencies or
622	622
623	623
624	624
625	625
626	626
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628	628
629	629
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631	631	SB3777 - 18 - LRB103 39527 KTG 69733 b
632	632	1 entities: the Department of Human Services; the State
633	633	2 Board of Education; the Department of Public Health; the
634	634	3 Department of Children and Family Services; the University
635	635	4 of Illinois Division of Specialized Care for Children; the
636	636	5 Illinois Council on Developmental Disabilities; Head Start
637	637	6 or Early Head Start; and the Department of Human Services'
638	638	7 Division of Mental Health. A member may represent one or
639	639	8 more of the listed agencies or entities.
640	640	9 The Council shall meet at least quarterly and in such
641	641	10 places as it deems necessary. Terms of the initial members
642	642	11 appointed under paragraph (2) shall be determined by lot at
643	643	12 the first Council meeting as follows: of the persons appointed
644	644	13 under subparagraphs (A) and (B), one-third shall serve
645	645	14 one-year terms, one-third shall serve 2-year terms, and
646	646	15 one-third shall serve 3-year terms; and of the persons
647	647	16 appointed under subparagraphs (C) and (D), one shall serve a
648	648	17 2-year term and one shall serve a 3-year term. Thereafter,
649	649	18 successors appointed under paragraph (2) shall serve 3-year
650	650	19 terms. Once appointed, members shall continue to serve until
651	651	20 their successors are appointed. No member shall be appointed
652	652	21 to serve more than 2 consecutive terms.
653	653	22 Council members shall serve without compensation but shall
654	654	23 be reimbursed for reasonable costs incurred in the performance
655	655	24 of their duties, including costs related to child care, and
656	656	25 parents may be paid a stipend in accordance with applicable
657	657	26 requirements.
658	658
659	659
660	660
661	661
662	662
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664	664
665	665
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668	668	1 The Council shall prepare and approve a budget using funds
669	669	2 appropriated for the purpose to hire staff, and obtain the
670	670	3 services of such professional, technical, and clerical
671	671	4 personnel as may be necessary to carry out its functions under
672	672	5 this Act. This funding support and staff shall be directed by
673	673	6 the lead agency.
674	674	7 (b) The Council shall:
675	675	8 (1) advise and assist the lead agency in the
676	676	9 performance of its responsibilities including but not
677	677	10 limited to the identification of sources of fiscal and
678	678	11 other support services for early intervention programs,
679	679	12 and the promotion of interagency agreements which assign
680	680	13 financial responsibility to the appropriate agencies;
681	681	14 (2) advise and assist the lead agency in the
682	682	15 preparation of applications and amendments to
683	683	16 applications;
684	684	17 (3) review and advise on relevant rules and standards
685	685	18 proposed by the related State agencies;
686	686	19 (4) advise and assist the lead agency in the
687	687	20 development, implementation and evaluation of the
688	688	21 comprehensive early intervention services system;
689	689	22 (4.5) coordinate and collaborate with State
690	690	23 interagency early learning initiatives, as appropriate;
691	691	24 and
692	692	25 (5) prepare and submit an annual report to the
693	693	26 Governor and to the General Assembly on the status of
694	694
695	695
696	696
697	697
698	698
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700	700
701	701
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704	704	1 early intervention programs for eligible infants and
705	705	2 toddlers and their families in Illinois. The annual report
706	706	3 shall include (i) the estimated number of eligible infants
707	707	4 and toddlers in this State, (ii) the number of eligible
708	708	5 infants and toddlers who have received services under this
709	709	6 Act and the cost of providing those services, and (iii)
710	710	7 the estimated cost of providing services under this Act to
711	711	8 all eligible infants and toddlers in this State. The
712	712	9 report shall be posted by the lead agency on the early
713	713	10 intervention website as required under paragraph (f) of
714	714	11 Section 10-35 of this Act.
715	715	12 No member of the Council shall cast a vote on or
716	716	13 participate substantially in any matter which would provide a
717	717	14 direct financial benefit to that member or otherwise give the
718	718	15 appearance of a conflict of interest under State law. All
719	719	16 provisions and reporting requirements of the Illinois
720	720	17 Governmental Ethics Act shall apply to Council members.
721	721	18 Section 10-35. Lead agency. Through June 30, 2026, the
722	722	19 Department of Human Services is designated the lead agency and
723	723	20 shall provide leadership in establishing and implementing the
724	724	21 coordinated, comprehensive, interagency and interdisciplinary
725	725	22 system of early intervention services. On and after July 1,
726	726	23 2026, the Department of Early Childhood is designated the lead
727	727	24 agency and shall provide leadership in establishing and
728	728	25 implementing the coordinated, comprehensive, interagency and
729	729
730	730
731	731
732	732
733	733
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735	735
736	736
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739	739	1 interdisciplinary system of early intervention services. The
740	740	2 lead agency shall not have the sole responsibility for
741	741	3 providing these services. Each participating State agency
742	742	4 shall continue to coordinate those early intervention services
743	743	5 relating to health, social service and education provided
744	744	6 under this authority.
745	745	7 The lead agency is responsible for carrying out the
746	746	8 following:
747	747	9 (a) The general administration, supervision, and
748	748	10 monitoring of programs and activities receiving assistance
749	749	11 under Section 673 of the Individuals with Disabilities
750	750	12 Education Act (20 United States Code 1473).
751	751	13 (b) The identification and coordination of all
752	752	14 available resources within the State from federal, State,
753	753	15 local and private sources.
754	754	16 (c) The development of procedures to ensure that
755	755	17 services are provided to eligible infants and toddlers and
756	756	18 their families in a timely manner pending the resolution
757	757	19 of any disputes among public agencies or service
758	758	20 providers.
759	759	21 (d) The resolution of intra-agency and interagency
760	760	22 regulatory and procedural disputes.
761	761	23 (e) The development and implementation of formal
762	762	24 interagency agreements, and the entry into such
763	763	25 agreements, between the lead agency and (i) the Department
764	764	26 of Healthcare and Family Services, (ii) the University of
765	765
766	766
767	767
768	768
769	769
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771	771
772	772
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775	775	1 Illinois Division of Specialized Care for Children, and
776	776	2 (iii) other relevant State agencies that:
777	777	3 (1) define the financial responsibility of each
778	778	4 agency for paying for early intervention services
779	779	5 (consistent with existing State and federal law and
780	780	6 rules, including the requirement that early
781	781	7 intervention funds be used as the payor of last
782	782	8 resort), a hierarchical order of payment as among the
783	783	9 agencies for early intervention services that are
784	784	10 covered under or may be paid by programs in other
785	785	11 agencies, and procedures for direct billing,
786	786	12 collecting reimbursements for payments made, and
787	787	13 resolving service and payment disputes; and
788	788	14 (2) include all additional components necessary to
789	789	15 ensure meaningful cooperation and coordination. By
790	790	16 January 31, 2027, interagency agreements under this
791	791	17 paragraph (e) must be reviewed and revised to
792	792	18 implement the purposes of this Act.
793	793	19 (f) The maintenance of an early intervention website.
794	794	20 The lead agency shall post and keep posted on this website
795	795	21 the following: (i) the current annual report required
796	796	22 under subdivision (b)(5) of Section 10-30 of this Act, and
797	797	23 the annual reports of the prior 3 years, (ii) the most
798	798	24 recent Illinois application for funds prepared under
799	799	25 Section 637 of the Individuals with Disabilities Education
800	800	26 Act filed with the United States Department of Education,
801	801
802	802
803	803
804	804
805	805
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807	807
808	808
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811	811	1 (iii) proposed modifications of the application prepared
812	812	2 for public comment, (iv) notice of Council meetings,
813	813	3 Council agendas, and minutes of its proceedings for at
814	814	4 least the previous year, (v) proposed and final early
815	815	5 intervention rules, and (vi) all reports created for
816	816	6 dissemination to the public that are related to the early
817	817	7 intervention program, including reports prepared at the
818	818	8 request of the Council and the General Assembly. Each such
819	819	9 document shall be posted on the website within 3 working
820	820	10 days after the document's completion.
821	821	11 (g) Before adopting any new policy or procedure
822	822	12 (including any revisions to an existing policy or
823	823	13 procedure) needed to comply with Part C of the Individuals
824	824	14 with Disabilities Education Act, the lead agency must hold
825	825	15 public hearings on the new policy or procedure, provide
826	826	16 notice of the hearings at least 30 days before the
827	827	17 hearings are conducted to enable public participation, and
828	828	18 provide an opportunity for the general public, including
829	829	19 individuals with disabilities and parents of infants and
830	830	20 toddlers with disabilities, early intervention providers,
831	831	21 and members of the Council to comment for at least 30 days
832	832	22 on the new policy or procedure needed to comply with Part C
833	833	23 of the Individuals with Disabilities Education Act and
834	834	24 with 34 CFR Part 300 and Part 303.
835	835	25 Section 10-40. Local structure and interagency councils.
836	836
837	837
838	838
839	839
840	840
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842	842
843	843
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846	846	1 The lead agency, in conjunction with the Council and as
847	847	2 defined by administrative rule, shall define local service
848	848	3 areas and define the geographic boundaries of each so that all
849	849	4 areas of the State are included in a local service area but no
850	850	5 area of the State is included in more than one service area. In
851	851	6 each local service area, the lead agency shall designate a
852	852	7 regional entity responsible for the assessment of eligibility
853	853	8 and services and a local interagency council responsible for
854	854	9 coordination and design of child find and public awareness.
855	855	10 The regional entity shall be responsible for staffing the
856	856	11 local council, carrying out child find and public awareness
857	857	12 activities, and providing advocacy for eligible families
858	858	13 within the given geographic area. The regional entity is the
859	859	14 prime contractor responsible to the lead agency for
860	860	15 implementation of this Act.
861	861	16 The lead agency, in conjunction with the Council, shall
862	862	17 create local interagency councils. Members of each local
863	863	18 interagency council shall include, but not be limited to, the
864	864	19 following: parents; representatives from coordination and
865	865	20 advocacy service providers; local education agencies; other
866	866	21 local public and private service providers; representatives
867	867	22 from State agencies at the local level; and others deemed
868	868	23 necessary by the local council.
869	869	24 Local interagency councils shall:
870	870	25 (a) assist in the development of collaborative
871	871	26 agreements between local service providers, diagnostic and
872	872
873	873
874	874
875	875
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878	878
879	879
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882	882	1 other agencies providing additional services to the child
883	883	2 and family;
884	884	3 (b) assist in conducting local needs assessments and
885	885	4 planning efforts;
886	886	5 (c) identify and resolve local access issues;
887	887	6 (d) conduct collaborative child find activities;
888	888	7 (e) coordinate public awareness initiatives;
889	889	8 (f) coordinate local planning and evaluation;
890	890	9 (g) assist in the recruitment of specialty personnel;
891	891	10 (h) develop plans for facilitating transition and
892	892	11 integration of eligible children and families into the
893	893	12 community;
894	894	13 (i) facilitate conflict resolution at the local level;
895	895	14 and
896	896	15 (j) report annually to the Council.
897	897	16 Section 10-45. Essential components of the statewide
898	898	17 service system. As required by federal laws and regulations, a
899	899	18 statewide system of coordinated, comprehensive, interagency
900	900	19 and interdisciplinary programs shall be established and
901	901	20 maintained. The framework of the statewide system shall be
902	902	21 based on the components set forth in this Section. This
903	903	22 framework shall be used for planning, implementation,
904	904	23 coordination and evaluation of the statewide system of locally
905	905	24 based early intervention services.
906	906	25 The statewide system shall include, at a minimum:
907	907
908	908
909	909
910	910
911	911
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913	913
914	914
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917	917	1 (a) a definition of the term "developmentally
918	918	2 delayed", in accordance with the definition in Section
919	919	3 10-15, that will be used in Illinois in carrying out
920	920	4 programs under this Act;
921	921	5 (b) timetables for ensuring that appropriate early
922	922	6 intervention services, based on scientifically based
923	923	7 research, to the extent practicable, will be available to
924	924	8 all eligible infants and toddlers in this State after the
925	925	9 effective date of this Act;
926	926	10 (c) a timely, comprehensive, multidisciplinary
927	927	11 evaluation of each potentially eligible infant and toddler
928	928	12 in this State, unless the child meets the definition of
929	929	13 eligibility based upon his or her medical and other
930	930	14 records; for a child determined eligible, a
931	931	15 multidisciplinary assessment of the unique strengths and
932	932	16 needs of that infant or toddler and the identification of
933	933	17 services appropriate to meet those needs and a
934	934	18 family-directed assessment of the resources, priorities,
935	935	19 and concerns of the family and the identification of
936	936	20 supports and services necessary to enhance the family's
937	937	21 capacity to meet the developmental needs of that infant or
938	938	22 toddler;
939	939	23 (d) for each eligible infant and toddler, an
940	940	24 Individualized Family Service Plan, including service
941	941	25 coordination (case management) services;
942	942	26 (e) a comprehensive child find system, consistent with
943	943
944	944
945	945
946	946
947	947
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949	949
950	950
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953	953	1 Part B of the Individuals with Disabilities Education Act
954	954	2 (20 United States Code 1411 through 1420 and as set forth
955	955	3 in 34 CFR 300.115), which includes timelines and provides
956	956	4 for participation by primary referral sources;
957	957	5 (f) a public awareness program focusing on early
958	958	6 identification of eligible infants and toddlers;
959	959	7 (g) a central directory which includes public and
960	960	8 private early intervention services, resources, and
961	961	9 experts available in this State, professional and other
962	962	10 groups (including parent support groups and training and
963	963	11 information centers) that provide assistance to infants
964	964	12 and toddlers with disabilities who are eligible for early
965	965	13 intervention programs assisted under Part C of the
966	966	14 Individuals with Disabilities Education Act and their
967	967	15 families, and research and demonstration projects being
968	968	16 conducted in this State relating to infants and toddlers
969	969	17 with disabilities;
970	970	18 (h) a comprehensive system of personnel development;
971	971	19 (i) a policy pertaining to the contracting or making
972	972	20 of other arrangements with public and private service
973	973	21 providers to provide early intervention services in this
974	974	22 State, consistent with the provisions of this Act,
975	975	23 including the contents of the application used and the
976	976	24 conditions of the contract or other arrangements;
977	977	25 (j) a procedure for securing timely reimbursement of
978	978	26 funds;
979	979
980	980
981	981
982	982
983	983
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985	985
986	986
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989	989	1 (k) procedural safeguards with respect to programs
990	990	2 under this Act;
991	991	3 (l) policies and procedures relating to the
992	992	4 establishment and maintenance of standards to ensure that
993	993	5 personnel necessary to carry out this Act are
994	994	6 appropriately and adequately prepared and trained;
995	995	7 (m) a system of evaluation of, and compliance with,
996	996	8 program standards;
997	997	9 (n) a system for compiling data on the numbers of
998	998	10 eligible infants and toddlers and their families in this
999	999	11 State in need of appropriate early intervention services;
1000	1000	12 the numbers served; the types of services provided; and
1001	1001	13 other information required by the State or federal
1002	1002	14 government; and
1003	1003	15 (o) a single line of responsibility in a lead agency
1004	1004	16 designated by the Governor to carry out its
1005	1005	17 responsibilities as required by this Act.
1006	1006	18 In addition to these required components, linkages may be
1007	1007	19 established within a local community area among the prenatal
1008	1008	20 initiatives affording services to high risk pregnant women.
1009	1009	21 Additional linkages among at risk programs and local literacy
1010	1010	22 programs may also be established.
1011	1011	23 On and after July 1, 2026, the Department of Early
1012	1012	24 Childhood shall continue implementation of the 5-fiscal-year
1013	1013	25 implementation plan that was created by the Department of
1014	1014	26 Human Services with the concurrence of the Interagency Council
1015	1015
1016	1016
1017	1017
1018	1018
1019	1019
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1021	1021
1022	1022
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1025	1025	1 on Early Intervention. The plan shall list specific activities
1026	1026	2 to be accomplished each year, with cost estimates for each
1027	1027	3 activity. The lead agency shall, with the concurrence of the
1028	1028	4 Interagency Council, submit to the Governor's Office a report
1029	1029	5 on accomplishments of the previous year and a revised list of
1030	1030	6 activities for the remainder of the 5-fiscal-year plan, with
1031	1031	7 cost estimates for each. The Governor shall certify that
1032	1032	8 specific activities in the plan for the previous year have
1033	1033	9 been substantially completed before authorizing relevant State
1034	1034	10 or local agencies to implement activities listed in the
1035	1035	11 revised plan that depend substantially upon completion of one
1036	1036	12 or more of the earlier activities.
1037	1037	13 Section 10-50. Authority to adopt rules. The lead agency
1038	1038	14 shall adopt rules under this Act. These rules shall reflect
1039	1039	15 the intent of federal regulations adopted under Part C of the
1040	1040	16 Individuals with Disabilities Education Improvement Act of
1041	1041	17 2004 (Sections 1431 through 1444 of Title 20 of the United
1042	1042	18 States Code).
1043	1043	19 Section 10-55. Role of other State entities. The
1044	1044	20 Departments of Public Health, Early Childhood, Human Services,
1045	1045	21 Children and Family Services, and Healthcare and Family
1046	1046	22 Services; the University of Illinois Division of Specialized
1047	1047	23 Care for Children; the State Board of Education; and any other
1048	1048	24 State agency which directly or indirectly provides or
1049	1049
1050	1050
1051	1051
1052	1052
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1055	1055
1056	1056
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1059	1059	1 administers early intervention services shall adopt compatible
1060	1060	2 rules for the provision of services to eligible infants and
1061	1061	3 toddlers and their families by July 1, 2026.
1062	1062	4 These agencies shall enter into and maintain formal
1063	1063	5 interagency agreements to enable the State and local agencies
1064	1064	6 serving eligible children and their families to establish
1065	1065	7 working relationships that will increase the efficiency and
1066	1066	8 effectiveness of their early intervention services. The
1067	1067	9 agreements shall outline the administrative, program and
1068	1068	10 financial responsibilities of the relevant State agencies and
1069	1069	11 shall implement a coordinated service delivery system through
1070	1070	12 local interagency agreements.
1071	1071	13 There shall be an Early Childhood Intervention Ombudsman
1072	1072	14 to assist families and local parties in ensuring that all
1073	1073	15 State agencies serving eligible families do so in a
1074	1074	16 comprehensive and collaborative manner.
1075	1075	17 Section 10-60. Standards. The Council and the lead agency,
1076	1076	18 with assistance from parents and providers, shall develop and
1077	1077	19 promulgate policies and procedures relating to the
1078	1078	20 establishment and implementation of program and personnel
1079	1079	21 standards to ensure that services provided are consistent with
1080	1080	22 any State-approved or recognized certification, licensing,
1081	1081	23 registration, or other comparable requirements which apply to
1082	1082	24 the area of early intervention program service standards. Only
1083	1083	25 State-approved public or private early intervention service
1084	1084
1085	1085
1086	1086
1087	1087
1088	1088
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1090	1090
1091	1091
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1094	1094	1 providers shall be eligible to receive State and federal
1095	1095	2 funding for early intervention services. All early childhood
1096	1096	3 intervention staff shall hold the highest entry requirement
1097	1097	4 necessary for that position.
1098	1098	5 To be a State-approved early intervention service
1099	1099	6 provider, an individual (i) shall not have served or
1100	1100	7 completed, within the preceding 5 years, a sentence for
1101	1101	8 conviction of any felony that the lead agency establishes by
1102	1102	9 rule and (ii) shall not have been indicated as a perpetrator of
1103	1103	10 child abuse or neglect, within the preceding 5 years, in an
1104	1104	11 investigation by Illinois (pursuant to the Abused and
1105	1105	12 Neglected Child Reporting Act) or another state. The Lead
1106	1106	13 Agency is authorized to receive criminal background checks for
1107	1107	14 such providers and persons applying to be such a provider and
1108	1108	15 to receive child abuse and neglect reports regarding indicated
1109	1109	16 perpetrators who are applying to provide or currently
1110	1110	17 authorized to provide early intervention services in Illinois.
1111	1111	18 Beginning January 1, 2004, every provider of State-approved
1112	1112	19 early intervention services and every applicant to provide
1113	1113	20 such services must authorize, in writing and in the form
1114	1114	21 required by the lead agency, a State and FBI criminal
1115	1115	22 background check, as requested by the Department, and check of
1116	1116	23 child abuse and neglect reports regarding the provider or
1117	1117	24 applicant as a condition of authorization to provide early
1118	1118	25 intervention services. The lead agency shall use the results
1119	1119	26 of the checks only to determine State approval of the early
1120	1120
1121	1121
1122	1122
1123	1123
1124	1124
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1126	1126
1127	1127
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1130	1130	1 intervention service provider and shall not re-release the
1131	1131	2 information except as necessary to accomplish that purpose.
1132	1132	3 Section 10-65. Individualized Family Service Plans.
1133	1133	4 (a) Each eligible infant or toddler and that infant's or
1134	1134	5 toddler's family shall receive:
1135	1135	6 (1) timely, comprehensive, multidisciplinary
1136	1136	7 assessment of the unique strengths and needs of each
1137	1137	8 eligible infant and toddler, and assessment of the
1138	1138	9 concerns and priorities of the families to appropriately
1139	1139	10 assist them in meeting their needs and identify supports
1140	1140	11 and services to meet those needs; and
1141	1141	12 (2) a written Individualized Family Service Plan
1142	1142	13 developed by a multidisciplinary team which includes the
1143	1143	14 parent or guardian. The individualized family service plan
1144	1144	15 shall be based on the multidisciplinary team's assessment
1145	1145	16 of the resources, priorities, and concerns of the family
1146	1146	17 and its identification of the supports and services
1147	1147	18 necessary to enhance the family's capacity to meet the
1148	1148	19 developmental needs of the infant or toddler, and shall
1149	1149	20 include the identification of services appropriate to meet
1150	1150	21 those needs, including the frequency, intensity, and
1151	1151	22 method of delivering services. During and as part of the
1152	1152	23 initial development of the individualized family services
1153	1153	24 plan, and any periodic reviews of the plan, the
1154	1154	25 multidisciplinary team may seek consultation from the lead
1155	1155
1156	1156
1157	1157
1158	1158
1159	1159
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1161	1161
1162	1162
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1165	1165	1 agency's designated experts, if any, to help determine
1166	1166	2 appropriate services and the frequency and intensity of
1167	1167	3 those services. All services in the individualized family
1168	1168	4 services plan must be justified by the multidisciplinary
1169	1169	5 assessment of the unique strengths and needs of the infant
1170	1170	6 or toddler and must be appropriate to meet those needs. At
1171	1171	7 the periodic reviews, the team shall determine whether
1172	1172	8 modification or revision of the outcomes or services is
1173	1173	9 necessary.
1174	1174	10 (b) The Individualized Family Service Plan shall be
1175	1175	11 evaluated once a year and the family shall be provided a review
1176	1176	12 of the Plan at 6-month intervals or more often where
1177	1177	13 appropriate based on infant or toddler and family needs. The
1178	1178	14 lead agency shall create a quality review process regarding
1179	1179	15 Individualized Family Service Plan development and changes
1180	1180	16 thereto, to monitor and help ensure that resources are being
1181	1181	17 used to provide appropriate early intervention services.
1182	1182	18 (c) The initial evaluation and initial assessment and
1183	1183	19 initial Plan meeting must be held within 45 days after the
1184	1184	20 initial contact with the early intervention services system.
1185	1185	21 The 45-day timeline does not apply for any period when the
1186	1186	22 child or parent is unavailable to complete the initial
1187	1187	23 evaluation, the initial assessments of the child and family,
1188	1188	24 or the initial Plan meeting, due to exceptional family
1189	1189	25 circumstances that are documented in the child's early
1190	1190	26 intervention records, or when the parent has not provided
1191	1191
1192	1192
1193	1193
1194	1194
1195	1195
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1197	1197
1198	1198
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1201	1201	1 consent for the initial evaluation or the initial assessment
1202	1202	2 of the child despite documented, repeated attempts to obtain
1203	1203	3 parental consent. As soon as exceptional family circumstances
1204	1204	4 no longer exist or parental consent has been obtained, the
1205	1205	5 initial evaluation, the initial assessment, and the initial
1206	1206	6 Plan meeting must be completed as soon as possible. With
1207	1207	7 parental consent, early intervention services may commence
1208	1208	8 before the completion of the comprehensive assessment and
1209	1209	9 development of the Plan. All early intervention services shall
1210	1210	10 be initiated as soon as possible but not later than 30 calendar
1211	1211	11 days after the consent of the parent or guardian has been
1212	1212	12 obtained for the individualized family service plan, in
1213	1213	13 accordance with rules adopted by the lead agency.
1214	1214	14 (d) Parents must be informed that early intervention
1215	1215	15 services shall be provided to each eligible infant and
1216	1216	16 toddler, to the maximum extent appropriate, in the natural
1217	1217	17 environment, which may include the home or other community
1218	1218	18 settings. Parents must also be informed of the availability of
1219	1219	19 early intervention services provided through telehealth
1220	1220	20 services. Parents shall make the final decision to accept or
1221	1221	21 decline early intervention services, including whether
1222	1222	22 accepted services are delivered in person or via telehealth
1223	1223	23 services. A decision to decline such services shall not be a
1224	1224	24 basis for administrative determination of parental fitness, or
1225	1225	25 other findings or sanctions against the parents. Parameters of
1226	1226	26 the Plan shall be set forth in rules.
1227	1227
1228	1228
1229	1229
1230	1230
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1233	1233
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1237	1237	1 (e) The regional intake offices shall explain to each
1238	1238	2 family, orally and in writing, all of the following:
1239	1239	3 (1) That the early intervention program will pay for
1240	1240	4 all early intervention services set forth in the
1241	1241	5 individualized family service plan that are not covered or
1242	1242	6 paid under the family's public or private insurance plan
1243	1243	7 or policy and not eligible for payment through any other
1244	1244	8 third party payor.
1245	1245	9 (2) That services will not be delayed due to any rules
1246	1246	10 or restrictions under the family's insurance plan or
1247	1247	11 policy.
1248	1248	12 (3) That the family may request, with appropriate
1249	1249	13 documentation supporting the request, a determination of
1250	1250	14 an exemption from private insurance use under Section
1251	1251	15 10-100.
1252	1252	16 (4) That responsibility for co-payments or
1253	1253	17 co-insurance under a family's private insurance plan or
1254	1254	18 policy will be transferred to the lead agency's central
1255	1255	19 billing office.
1256	1256	20 (5) That families will be responsible for payments of
1257	1257	21 family fees, which will be based on a sliding scale
1258	1258	22 according to the State's definition of ability to pay
1259	1259	23 which is comparing household size and income to the
1260	1260	24 sliding scale and considering out-of-pocket medical or
1261	1261	25 disaster expenses, and that these fees are payable to the
1262	1262	26 central billing office. Families who fail to provide
1263	1263
1264	1264
1265	1265
1266	1266
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1269	1269
1270	1270
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1273	1273	1 income information shall be charged the maximum amount on
1274	1274	2 the sliding scale.
1275	1275	3 (f) The individualized family service plan must state
1276	1276	4 whether the family has private insurance coverage and, if the
1277	1277	5 family has such coverage, must have attached to it a copy of
1278	1278	6 the family's insurance identification card or otherwise
1279	1279	7 include all of the following information:
1280	1280	8 (1) The name, address, and telephone number of the
1281	1281	9 insurance carrier.
1282	1282	10 (2) The contract number and policy number of the
1283	1283	11 insurance plan.
1284	1284	12 (3) The name, address, and social security number of
1285	1285	13 the primary insured.
1286	1286	14 (4) The beginning date of the insurance benefit year.
1287	1287	15 (g) A copy of the individualized family service plan must
1288	1288	16 be provided to each enrolled provider who is providing early
1289	1289	17 intervention services to the child who is the subject of that
1290	1290	18 plan.
1291	1291	19 (h) Children receiving services under this Act shall
1292	1292	20 receive a smooth and effective transition by their third
1293	1293	21 birthday consistent with federal regulations adopted pursuant
1294	1294	22 to Sections 1431 through 1444 of Title 20 of the United States
1295	1295	23 Code. Beginning January 1, 2022, children who receive early
1296	1296	24 intervention services prior to their third birthday and are
1297	1297	25 found eligible for an individualized education program under
1298	1298	26 the Individuals with Disabilities Education Act, 20 U.S.C.
1299	1299
1300	1300
1301	1301
1302	1302
1303	1303
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1305	1305
1306	1306
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1309	1309	1 1414(d)(1)(A), and under Section 14-8.02 of the School Code
1310	1310	2 and whose birthday falls between May 1 and August 31 may
1311	1311	3 continue to receive early intervention services until the
1312	1312	4 beginning of the school year following their third birthday in
1313	1313	5 order to minimize gaps in services, ensure better continuity
1314	1314	6 of care, and align practices for the enrollment of preschool
1315	1315	7 children with special needs to the enrollment practices of
1316	1316	8 typically developing preschool children.
1317	1317	9 Section 10-70. Procedural safeguards. The lead agency
1318	1318	10 shall adopt procedural safeguards that meet federal
1319	1319	11 requirements and ensure effective implementation of the
1320	1320	12 safeguards for families by each public agency involved in the
1321	1321	13 provision of early intervention services under this Act.
1322	1322	14 The procedural safeguards shall provide, at a minimum, the
1323	1323	15 following:
1324	1324	16 (a) The timely administrative resolution of State
1325	1325	17 complaints, due process hearings, and mediations as defined by
1326	1326	18 administrative rule.
1327	1327	19 (b) The right to confidentiality of personally
1328	1328	20 identifiable information.
1329	1329	21 (c) The opportunity for parents and a guardian to examine
1330	1330	22 and receive copies of records relating to evaluations and
1331	1331	23 assessments, screening, eligibility determinations, and the
1332	1332	24 development and implementation of the Individualized Family
1333	1333	25 Service Plan provision of early intervention services,
1334	1334
1335	1335
1336	1336
1337	1337
1338	1338
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1340	1340
1341	1341
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1344	1344	1 individual complaints involving the child, or any part of the
1345	1345	2 child's early intervention record.
1346	1346	3 (d) Procedures to protect the rights of the eligible
1347	1347	4 infant or toddler whenever the parents or guardians of the
1348	1348	5 child are not known or unavailable or the child is a youth in
1349	1349	6 care as defined in Section 4d of the Children and Family
1350	1350	7 Services Act, including the assignment of an individual (who
1351	1351	8 shall not be an employee of the State agency or local agency
1352	1352	9 providing services) to act as a surrogate for the parents or
1353	1353	10 guardian. The regional intake entity must make reasonable
1354	1354	11 efforts to ensure the assignment of a surrogate parent not
1355	1355	12 more than 30 days after a public agency determines that the
1356	1356	13 child needs a surrogate parent.
1357	1357	14 (e) Timely written prior notice to the parents or guardian
1358	1358	15 of the eligible infant or toddler whenever the State agency or
1359	1359	16 public or private service provider proposes to initiate or
1360	1360	17 change or refuses to initiate or change the identification,
1361	1361	18 evaluation, placement, or the provision of appropriate early
1362	1362	19 intervention services to the eligible infant or toddler.
1363	1363	20 (f) Written prior notice to fully inform the parents or
1364	1364	21 guardians, in their native language or mode of communication
1365	1365	22 used by the parent, unless clearly not feasible to do so, in a
1366	1366	23 comprehensible manner, of these procedural safeguards.
1367	1367	24 (g) During the pendency of any State complaint procedure,
1368	1368	25 due process hearing, or mediation involving a complaint,
1369	1369	26 unless the State agency and the parents or guardian otherwise
1370	1370
1371	1371
1372	1372
1373	1373
1374	1374
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1376	1376
1377	1377
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1380	1380	1 agree, the child shall continue to receive the appropriate
1381	1381	2 early intervention services currently being provided, or in
1382	1382	3 the case of an application for initial services, the child
1383	1383	4 shall receive the services not in dispute.
1384	1384	5 Section 10-75. Funding and fiscal responsibility.
1385	1385	6 (a) The lead agency and every other participating State
1386	1386	7 agency may receive and expend funds appropriated by the
1387	1387	8 General Assembly to implement the early intervention services
1388	1388	9 system as required by this Act.
1389	1389	10 (b) The lead agency and each participating State agency
1390	1390	11 shall identify and report on an annual basis to the Council the
1391	1391	12 State agency funds used for the provision of early
1392	1392	13 intervention services to eligible infants and toddlers.
1393	1393	14 (c) Funds provided under Section 633 of the Individuals
1394	1394	15 with Disabilities Education Act (20 United States Code 1433)
1395	1395	16 and State funds designated or appropriated for early
1396	1396	17 intervention services or programs may not be used to satisfy a
1397	1397	18 financial commitment for services which would have been paid
1398	1398	19 for from another public or private source but for the
1399	1399	20 enactment of this Act, except whenever considered necessary to
1400	1400	21 prevent delay in receiving appropriate early intervention
1401	1401	22 services by the eligible infant or toddler or family in a
1402	1402	23 timely manner. "Public or private source" includes public and
1403	1403	24 private insurance coverage.
1404	1404	25 Funds provided under Section 633 of the Individuals with
1405	1405
1406	1406
1407	1407
1408	1408
1409	1409
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1411	1411
1412	1412
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1415	1415	1 Disabilities Education Act and State funds designated or
1416	1416	2 appropriated for early intervention services or programs may
1417	1417	3 be used by the lead agency to pay the provider of services (A)
1418	1418	4 pending reimbursement from the appropriate State agency or (B)
1419	1419	5 if (i) the claim for payment is denied in whole or in part by a
1420	1420	6 public or private source, or would be denied under the written
1421	1421	7 terms of the public program or plan or private plan, or (ii)
1422	1422	8 use of private insurance for the service has been exempted
1423	1423	9 under Section 10-100. Payment under item (B)(i) may be made
1424	1424	10 based on a pre-determination telephone inquiry supported by
1425	1425	11 written documentation of the denial supplied thereafter by the
1426	1426	12 insurance carrier.
1427	1427	13 (d) Nothing in this Act shall be construed to permit the
1428	1428	14 State to reduce medical or other assistance available or to
1429	1429	15 alter eligibility under Title V and Title XIX of the Social
1430	1430	16 Security Act relating to the Maternal Child Health Program and
1431	1431	17 Medicaid for eligible infants and toddlers in this State.
1432	1432	18 (e) The lead agency shall create a central billing office
1433	1433	19 to receive and dispense all relevant State and federal
1434	1434	20 resources, as well as local government or independent
1435	1435	21 resources available, for early intervention services. This
1436	1436	22 office shall assure that maximum federal resources are
1437	1437	23 utilized and that providers receive funds with minimal
1438	1438	24 duplications or interagency reporting and with consolidated
1439	1439	25 audit procedures.
1440	1440	26 (f) The lead agency shall, by rule, create a system of
1441	1441
1442	1442
1443	1443
1444	1444
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1447	1447
1448	1448
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1451	1451	1 payments by families, including a schedule of fees. No fees,
1452	1452	2 however, may be charged for implementing child find,
1453	1453	3 evaluation and assessment, service coordination,
1454	1454	4 administrative and coordination activities related to the
1455	1455	5 development, review, and evaluation of Individualized Family
1456	1456	6 Service Plans, or the implementation of procedural safeguards
1457	1457	7 and other administrative components of the statewide early
1458	1458	8 intervention system.
1459	1459	9 The system of payments, called family fees, shall be
1460	1460	10 structured on a sliding scale based on the family's ability to
1461	1461	11 pay. The family's coverage or lack of coverage under a public
1462	1462	12 or private insurance plan or policy shall not be a factor in
1463	1463	13 determining the amount of the family fees.
1464	1464	14 Each family's fee obligation shall be established
1465	1465	15 annually, and shall be paid by families to the central billing
1466	1466	16 office in installments. At the written request of the family,
1467	1467	17 the fee obligation shall be adjusted prospectively at any
1468	1468	18 point during the year upon proof of a change in family income
1469	1469	19 or family size. The inability of the parents of an eligible
1470	1470	20 child to pay family fees due to catastrophic circumstances or
1471	1471	21 extraordinary expenses shall not result in the denial of
1472	1472	22 services to the child or the child's family. A family must
1473	1473	23 document its extraordinary expenses or other catastrophic
1474	1474	24 circumstances by showing one of the following: (i)
1475	1475	25 out-of-pocket medical expenses in excess of 15% of gross
1476	1476	26 income; (ii) a fire, flood, or other disaster causing a direct
1477	1477
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1487	1487	1 out-of-pocket loss in excess of 15% of gross income; or (iii)
1488	1488	2 other catastrophic circumstances causing out-of-pocket losses
1489	1489	3 in excess of 15% of gross income. The family must present proof
1490	1490	4 of loss to its service coordinator, who shall document it, and
1491	1491	5 the lead agency shall determine whether the fees shall be
1492	1492	6 reduced, forgiven, or suspended within 10 business days after
1493	1493	7 the family's request.
1494	1494	8 (g) To ensure that early intervention funds are used as
1495	1495	9 the payor of last resort for early intervention services, the
1496	1496	10 lead agency shall determine at the point of early intervention
1497	1497	11 intake, and again at any periodic review of eligibility
1498	1498	12 thereafter or upon a change in family circumstances, whether
1499	1499	13 the family is eligible for or enrolled in any program for which
1500	1500	14 payment is made directly or through public or private
1501	1501	15 insurance for any or all of the early intervention services
1502	1502	16 made available under this Act. The lead agency shall establish
1503	1503	17 procedures to ensure that payments are made either directly
1504	1504	18 from these public and private sources instead of from State or
1505	1505	19 federal early intervention funds, or as reimbursement for
1506	1506	20 payments previously made from State or federal early
1507	1507	21 intervention funds.
1508	1508	22 Section 10-80. Other programs.
1509	1509	23 (a) When an application or a review of eligibility for
1510	1510	24 early intervention services is made, and at any eligibility
1511	1511	25 redetermination thereafter, the family shall be asked if it is
1512	1512
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1522	1522	1 currently enrolled in any federally funded, Department of
1523	1523	2 Healthcare and Family Services administered, medical programs,
1524	1524	3 or the Title V program administered by the University of
1525	1525	4 Illinois Division of Specialized Care for Children. If the
1526	1526	5 family is enrolled in any of these programs, that information
1527	1527	6 shall be put on the individualized family service plan and
1528	1528	7 entered into the computerized case management system, and
1529	1529	8 shall require that the individualized family services plan of
1530	1530	9 a child who has been found eligible for services through the
1531	1531	10 Division of Specialized Care for Children state that the child
1532	1532	11 is enrolled in that program. For those programs in which the
1533	1533	12 family is not enrolled, a preliminary eligibility screen shall
1534	1534	13 be conducted simultaneously for (i) medical assistance
1535	1535	14 (Medicaid) under Article V of the Illinois Public Aid Code,
1536	1536	15 (ii) children's health insurance program (any federally
1537	1537	16 funded, Department of Healthcare and Family Services
1538	1538	17 administered, medical programs) benefits under the Children's
1539	1539	18 Health Insurance Program Act, and (iii) Title V maternal and
1540	1540	19 child health services provided through the Division of
1541	1541	20 Specialized Care for Children of the University of Illinois.
1542	1542	21 (b) For purposes of determining family fees under
1543	1543	22 subsection (f) of Section 10-75 and determining eligibility
1544	1544	23 for the other programs and services specified in items (i)
1545	1545	24 through (iii) of subsection (a), the lead agency shall develop
1546	1546	25 and use, with the cooperation of the Department of Healthcare
1547	1547	26 and Family Services and the Division of Specialized Care for
1548	1548
1549	1549
1550	1550
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1558	1558	1 Children of the University of Illinois, a screening device
1559	1559	2 that provides sufficient information for the early
1560	1560	3 intervention regional intake entities or other agencies to
1561	1561	4 establish eligibility for those other programs and shall, in
1562	1562	5 cooperation with the Illinois Department of Healthcare and
1563	1563	6 Family Services and the Division of Specialized Care for
1564	1564	7 Children, train the regional intake entities on using the
1565	1565	8 screening device.
1566	1566	9 (c) When a child is determined eligible for and enrolled
1567	1567	10 in the early intervention program and has been found to at
1568	1568	11 least meet the threshold income eligibility requirements for
1569	1569	12 any federally funded, Department of Healthcare and Family
1570	1570	13 Services administered, medical programs, the regional intake
1571	1571	14 entity shall complete an application for any federally funded,
1572	1572	15 Department of Healthcare and Family Services administered,
1573	1573	16 medical programs with the family and forward it to the
1574	1574	17 Department of Healthcare and Family Services for a
1575	1575	18 determination of eligibility. A parent shall not be required
1576	1576	19 to enroll in any federally funded, Department of Healthcare
1577	1577	20 and Family Services administered, medical programs as a
1578	1578	21 condition of receiving services provided pursuant to Part C of
1579	1579	22 the Individuals with Disabilities Education Act.
1580	1580	23 (d) With the cooperation of the Department of Healthcare
1581	1581	24 and Family Services, the lead agency shall establish
1582	1582	25 procedures that ensure the timely and maximum allowable
1583	1583	26 recovery of payments for all early intervention services and
1584	1584
1585	1585
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1594	1594	1 allowable administrative costs under Article V of the Illinois
1595	1595	2 Public Aid Code and the Children's Health Insurance Program
1596	1596	3 Act and shall include those procedures in the interagency
1597	1597	4 agreement required under subsection (e) of Section 10-35 of
1598	1598	5 Article 10 of this Act.
1599	1599	6 (e) For purposes of making referrals for final
1600	1600	7 determinations of eligibility for any federally funded,
1601	1601	8 Department of Healthcare and Family Services administered,
1602	1602	9 medical programs benefits under the Children's Health
1603	1603	10 Insurance Program Act and for medical assistance under Article
1604	1604	11 V of the Illinois Public Aid Code, the lead agency shall
1605	1605	12 require each early intervention regional intake entity to
1606	1606	13 enroll as an application agent in order for the entity to
1607	1607	14 complete any federally funded, Department of Healthcare and
1608	1608	15 Family Services administered, medical programs application as
1609	1609	16 authorized under Section 22 of the Children's Health Insurance
1610	1610	17 Program Act.
1611	1611	18 (f) For purposes of early intervention services that may
1612	1612	19 be provided by the Division of Specialized Care for Children
1613	1613	20 of the University of Illinois (DSCC), the lead agency shall
1614	1614	21 establish procedures whereby the early intervention regional
1615	1615	22 intake entities may determine whether children enrolled in the
1616	1616	23 early intervention program may also be eligible for those
1617	1617	24 services, and shall develop, (i) the interagency agreement
1618	1618	25 required under subsection (e) of Section 10-35 of this Act,
1619	1619	26 establishing that early intervention funds are to be used as
1620	1620
1621	1621
1622	1622
1623	1623
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1630	1630	1 the payor of last resort when services required under an
1631	1631	2 individualized family services plan may be provided to an
1632	1632	3 eligible child through the DSCC, and (ii) training guidelines
1633	1633	4 for the regional intake entities and providers that explain
1634	1634	5 eligibility and billing procedures for services through DSCC.
1635	1635	6 (g) The lead agency shall require that an individual
1636	1636	7 applying for or renewing enrollment as a provider of services
1637	1637	8 in the early intervention program state whether or not he or
1638	1638	9 she is also enrolled as a DSCC provider. This information
1639	1639	10 shall be noted next to the name of the provider on the
1640	1640	11 computerized roster of Illinois early intervention providers,
1641	1641	12 and regional intake entities shall make every effort to refer
1642	1642	13 families eligible for DSCC services to these providers.
1643	1643	14 Section 10-85. Private health insurance; assignment. The
1644	1644	15 lead agency shall determine, at the point of new applications
1645	1645	16 for early intervention services, and for all children enrolled
1646	1646	17 in the early intervention program, at the regional intake
1647	1647	18 offices, whether the child is insured under a private health
1648	1648	19 insurance plan or policy.
1649	1649	20 Section 10-90. Billing of insurance carrier.
1650	1650	21 (a) Subject to the restrictions against private insurance
1651	1651	22 use on the basis of material risk of loss of coverage, as
1652	1652	23 determined under Section 10-100, each enrolled provider who is
1653	1653	24 providing a family with early intervention services shall bill
1654	1654
1655	1655
1656	1656
1657	1657
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1664	1664	1 the child's insurance carrier for each unit of early
1665	1665	2 intervention service for which coverage may be available. The
1666	1666	3 lead agency may exempt from the requirement of this paragraph
1667	1667	4 any early intervention service that it has deemed not to be
1668	1668	5 covered by insurance plans. When the service is not exempted,
1669	1669	6 providers who receive a denial of payment on the basis that the
1670	1670	7 service is not covered under any circumstance under the plan
1671	1671	8 are not required to bill that carrier for that service again
1672	1672	9 until the following insurance benefit year. That explanation
1673	1673	10 of benefits denying the claim, once submitted to the central
1674	1674	11 billing office, shall be sufficient to meet the requirements
1675	1675	12 of this paragraph as to subsequent services billed under the
1676	1676	13 same billing code provided to that child during that insurance
1677	1677	14 benefit year. Any time limit on a provider's filing of a claim
1678	1678	15 for payment with the central billing office that is imposed
1679	1679	16 through a policy, procedure, or rule of the lead agency shall
1680	1680	17 be suspended until the provider receives an explanation of
1681	1681	18 benefits or other final determination of the claim it files
1682	1682	19 with the child's insurance carrier.
1683	1683	20 (b) In all instances when an insurance carrier has been
1684	1684	21 billed for early intervention services, whether paid in full,
1685	1685	22 paid in part, or denied by the carrier, the provider must
1686	1686	23 provide the central billing office, within 90 days after
1687	1687	24 receipt, with a copy of the explanation of benefits form and
1688	1688	25 other information in the manner prescribed by the lead agency.
1689	1689	26 (c) When the insurance carrier has denied the claim or
1690	1690
1691	1691
1692	1692
1693	1693
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1700	1700	1 paid an amount for the early intervention service billed that
1701	1701	2 is less than the current State rate for early intervention
1702	1702	3 services, the provider shall submit the explanation of
1703	1703	4 benefits with a claim for payment, and the lead agency shall
1704	1704	5 pay the provider the difference between the sum actually paid
1705	1705	6 by the insurance carrier for each unit of service provided
1706	1706	7 under the individualized family service plan and the current
1707	1707	8 State rate for early intervention services. The State shall
1708	1708	9 also pay the family's co-payment or co-insurance under its
1709	1709	10 plan, but only to the extent that those payments plus the
1710	1710	11 balance of the claim do not exceed the current State rate for
1711	1711	12 early intervention services. The provider may under no
1712	1712	13 circumstances bill the family for the difference between its
1713	1713	14 charge for services and that which has been paid by the
1714	1714	15 insurance carrier or by the State.
1715	1715	16 Section 10-95. Families with insurance coverage.
1716	1716	17 (a) Families of children with insurance coverage, whether
1717	1717	18 public or private, shall incur no greater or less direct
1718	1718	19 out-of-pocket expenses for early intervention services than
1719	1719	20 families who are not insured.
1720	1720	21 (b) Managed care plans.
1721	1721	22 (1) Use of managed care network providers. When a
1722	1722	23 family's insurance coverage is through a managed care
1723	1723	24 arrangement with a network of providers that includes one
1724	1724	25 or more types of early intervention specialists who
1725	1725
1726	1726
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1731	1731
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1735	1735	1 provide the services set forth in the family's
1736	1736	2 individualized family service plan, the regional intake
1737	1737	3 entity shall require the family to use those network
1738	1738	4 providers, but only to the extent that:
1739	1739	5 (A) the network provider is immediately available
1740	1740	6 to receive the referral and to begin providing
1741	1741	7 services to the child;
1742	1742	8 (B) the network provider is enrolled as a provider
1743	1743	9 in the Illinois early intervention system and fully
1744	1744	10 credentialed under the current policy or rule of the
1745	1745	11 lead agency;
1746	1746	12 (C) the network provider can provide the services
1747	1747	13 to the child in the manner required in the
1748	1748	14 individualized service plan;
1749	1749	15 (D) the family would not have to travel more than
1750	1750	16 an additional 15 miles or an additional 30 minutes to
1751	1751	17 the network provider than it would have to travel to a
1752	1752	18 non-network provider who is available to provide the
1753	1753	19 same service; and
1754	1754	20 (E) the family's managed care plan does not allow
1755	1755	21 for billing (even at a reduced rate or reduced
1756	1756	22 percentage of the claim) for early intervention
1757	1757	23 services provided by non-network providers.
1758	1758	24 (2) Transfers from non-network to network providers.
1759	1759	25 If a child has been receiving services from a non-network
1760	1760	26 provider and the regional intake entity determines, at the
1761	1761
1762	1762
1763	1763
1764	1764
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1771	1771	1 time of enrollment in the early intervention program or at
1772	1772	2 any point thereafter, that the family is enrolled in a
1773	1773	3 managed care plan, the regional intake entity shall
1774	1774	4 require the family to transfer to a network provider
1775	1775	5 within 45 days after that determination, but within no
1776	1776	6 more than 60 days after the effective date of this Act, if:
1777	1777	7 (A) all the requirements of subdivision (b)(1) of
1778	1778	8 this Section have been met; and
1779	1779	9 (B) the child is less than 26 months of age.
1780	1780	10 (3) Waivers. The lead agency may fully or partially
1781	1781	11 waive the network enrollment requirements of subdivision
1782	1782	12 (b)(1) of this Section and the transfer requirements of
1783	1783	13 subdivision (b)(2) of this Section as to a particular
1784	1784	14 region, or narrower geographic area, if it finds that the
1785	1785	15 managed care plans in that area are not allowing further
1786	1786	16 enrollment of early intervention providers and it finds
1787	1787	17 that referrals or transfers to network providers could
1788	1788	18 cause an overall shortage of early intervention providers
1789	1789	19 in that region of the State or could cause delays in
1790	1790	20 families securing the early intervention services set
1791	1791	21 forth in individualized family services plans.
1792	1792	22 (4) The lead agency, in conjunction with any entities
1793	1793	23 with which it may have contracted for the training and
1794	1794	24 credentialing of providers, the local interagency council
1795	1795	25 for early intervention, the regional intake entity, and
1796	1796	26 the enrolled providers in each region who wish to
1797	1797
1798	1798
1799	1799
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1807	1807	1 participate, shall cooperate in developing a matrix and
1808	1808	2 action plan that (A) identifies both (i) which early
1809	1809	3 intervention providers and which fully credentialed early
1810	1810	4 intervention providers are members of the managed care
1811	1811	5 plans that are used in the region by families with
1812	1812	6 children in the early intervention program, and (ii) which
1813	1813	7 early intervention services, with what restrictions, if
1814	1814	8 any, are covered under those plans, (B) identifies which
1815	1815	9 credentialed specialists are members of which managed care
1816	1816	10 plans in the region, and (C) identifies the various
1817	1817	11 managed care plans to early intervention providers,
1818	1818	12 encourages their enrollment in the area plans, and
1819	1819	13 provides them with information on how to enroll. These
1820	1820	14 matrices shall be complete no later than 7 months after
1821	1821	15 the effective date of this Act, and shall be provided to
1822	1822	16 the Early Intervention Legislative Advisory Committee at
1823	1823	17 that time. The lead agency shall work with networks that
1824	1824	18 may have closed enrollment to additional providers to
1825	1825	19 encourage their admission of early intervention providers,
1826	1826	20 and shall report to the Early Intervention Legislative
1827	1827	21 Advisory Committee on the initial results of these efforts
1828	1828	22 no later than February 1, 2002.
1829	1829	23 Section 10-100. Private insurance; exemption.
1830	1830	24 (a) The lead agency shall establish procedures for a
1831	1831	25 family whose child is eligible to receive early intervention
1832	1832
1833	1833
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1842	1842	1 services to apply for an exemption restricting the use of its
1843	1843	2 private insurance plan or policy based on material risk of
1844	1844	3 loss of coverage as authorized under subsection (c) of this
1845	1845	4 Section.
1846	1846	5 (b) The lead agency shall make a final determination on a
1847	1847	6 request for an exemption within 10 business days after its
1848	1848	7 receipt of a written request for an exemption at the regional
1849	1849	8 intake entity. During those 10 days, no claims may be filed
1850	1850	9 against the insurance plan or policy. If the exemption is
1851	1851	10 granted, it shall be noted on the individualized family
1852	1852	11 service plan, and the family and the providers serving the
1853	1853	12 family shall be notified in writing of the exemption.
1854	1854	13 (c) An exemption may be granted on the basis of material
1855	1855	14 risk of loss of coverage only if the family submits
1856	1856	15 documentation with its request for an exemption that
1857	1857	16 establishes (i) that the insurance plan or policy covering the
1858	1858	17 child is an individually purchased plan or policy and has been
1859	1859	18 purchased by a head of a household that is not eligible for a
1860	1860	19 group medical insurance plan, (ii) that the policy or plan has
1861	1861	20 a lifetime cap that applies to one or more specific types of
1862	1862	21 early intervention services specified in the family's
1863	1863	22 individualized family service plan, and that coverage could be
1864	1864	23 exhausted during the period covered by the individualized
1865	1865	24 family service plan, or (iii) proof of another risk that the
1866	1866	25 lead agency, in its discretion, may have additionally
1867	1867	26 established and defined as a ground for exemption by rule.
1868	1868
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1874	1874
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1878	1878	1 (d) An exemption under this Section based on material risk
1879	1879	2 of loss of coverage may apply to all early intervention
1880	1880	3 services and all plans or policies insuring the child, may be
1881	1881	4 limited to one or more plans or policies, or may be limited to
1882	1882	5 one or more types of early intervention services in the
1883	1883	6 child's individualized family services plan.
1884	1884	7 Section 10-105. System of personnel development. The lead
1885	1885	8 agency shall provide training to early intervention providers
1886	1886	9 and may enter into contracts to meet this requirement in
1887	1887	10 accordance with Section 1-30(c) of this Act. This training
1888	1888	11 shall include, at minimum, the following types of instruction:
1889	1889	12 (a) Courses in birth-to-3 evaluation and treatment of
1890	1890	13 children with developmental disabilities and delays (1) that
1891	1891	14 are taught by fully credentialed early intervention providers
1892	1892	15 or educators with substantial experience in evaluation and
1893	1893	16 treatment of children from birth to age 3 with developmental
1894	1894	17 disabilities and delays, (2) that cover these topics within
1895	1895	18 each of the disciplines of audiology, occupational therapy,
1896	1896	19 physical therapy, speech and language pathology, and
1897	1897	20 developmental therapy, including the social-emotional domain
1898	1898	21 of development, (3) that are held no less than twice per year,
1899	1899	22 (4) that offer no fewer than 20 contact hours per year of
1900	1900	23 course work, (5) that are held in no fewer than 5 separate
1901	1901	24 locales throughout the State, and (6) that give enrollment
1902	1902	25 priority to early intervention providers who do not meet the
1903	1903
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1913	1913	1 experience, education, or continuing education requirements
1914	1914	2 necessary to be fully credentialed early intervention
1915	1915	3 providers; and
1916	1916	4 (b) Courses held no less than twice per year for no fewer
1917	1917	5 than 4 hours each in no fewer than 5 separate locales
1918	1918	6 throughout the State each on the following topics:
1919	1919	7 (1) Practice and procedures of private insurance
1920	1920	8 billing.
1921	1921	9 (2) The role of the regional intake entities; service
1922	1922	10 coordination; program eligibility determinations; family
1923	1923	11 fees; any federally funded, Department of Healthcare and
1924	1924	12 Family Services administered, medical programs, and
1925	1925	13 Division of Specialized Care applications, referrals, and
1926	1926	14 coordination with Early Intervention; and procedural
1927	1927	15 safeguards.
1928	1928	16 (3) Introduction to the early intervention program,
1929	1929	17 including provider enrollment and credentialing, overview
1930	1930	18 of Early Intervention program policies and rules, and
1931	1931	19 billing requirements.
1932	1932	20 (4) Evaluation and assessment of birth-to-3 children;
1933	1933	21 individualized family service plan development,
1934	1934	22 monitoring, and review; best practices; service
1935	1935	23 guidelines; and quality assurance.
1936	1936	24 Section 10-110. Contracting. In accordance with Section
1937	1937	25 1-30(c) of this Act, the lead agency may enter into contracts
1938	1938
1939	1939
1940	1940
1941	1941
1942	1942
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1944	1944
1945	1945
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1947	1947	SB3777 - 55 - LRB103 39527 KTG 69733 b
1948	1948	1 for some or all of its responsibilities under this Act,
1949	1949	2 including, but not limited to: credentialing and enrolling
1950	1950	3 providers; training under Section 10-105; maintaining a
1951	1951	4 central billing office; data collection and analysis;
1952	1952	5 establishing and maintaining a computerized case management
1953	1953	6 system accessible to local referral offices and providers;
1954	1954	7 creating and maintaining a system for provider credentialing
1955	1955	8 and enrollment; creating and maintaining the central directory
1956	1956	9 required under subsection (g) of Section 10-45 of this Act;
1957	1957	10 and program operations. Contracts with or grants to regional
1958	1958	11 intake entities must be made subject to public bid under a
1959	1959	12 request for proposals process no later than July 1, 2005.
1960	1960	13 Section 10-120. Early Intervention Services Revolving
1961	1961	14 Fund. The Early Intervention Services Revolving Fund, created
1962	1962	15 by Public Act 89-106, shall be held by the lead agency.
1963	1963	16 The Early Intervention Services Revolving Fund shall be
1964	1964	17 used to the extent determined necessary by the lead agency to
1965	1965	18 pay for early intervention services.
1966	1966	19 Local Accounts for such purposes may be established by the
1967	1967	20 lead agency.
1968	1968	21 Expenditures from the Early Intervention Services
1969	1969	22 Revolving Fund shall be made in accordance with applicable
1970	1970	23 program provisions and shall be limited to those purposes and
1971	1971	24 amounts specified under applicable program guidelines. Funding
1972	1972	25 of the Fund shall be from family fees, insurance company
1973	1973
1974	1974
1975	1975
1976	1976
1977	1977
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1979	1979
1980	1980
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1982	1982	SB3777 - 56 - LRB103 39527 KTG 69733 b
1983	1983	1 payments, federal financial participation received as
1984	1984	2 reimbursement for expenditures from the Fund, and
1985	1985	3 appropriations made to the State agencies involved in the
1986	1986	4 payment for early intervention services under this Act.
1987	1987	5 Disbursements from the Early Intervention Services
1988	1988	6 Revolving Fund shall be made as determined by the lead agency
1989	1989	7 or its designee. Funds in the Early Intervention Services
1990	1990	8 Revolving Fund or the local accounts created under this
1991	1991	9 Section that are not immediately required for expenditure may
1992	1992	10 be invested in certificates of deposit or other interest
1993	1993	11 bearing accounts. Any interest earned shall be deposited in
1994	1994	12 the Early Intervention Services Revolving Fund.
1995	1995	13 ARTICLE 15. POWERS AND DUTIES RELATING TO HOME-VISITING AND
1996	1996	14 PRESCHOOL SERVICES
1997	1997	15 Section 15-5. Transition of administrative
1998	1998	16 responsibilities related to home-visiting services Beginning
1999	1999	17 July 1, 2024, the Department of Early Childhood and the
2000	2000	18 Department of Human Services shall collaborate and plan for
2001	2001	19 the transition of administrative responsibilities related to
2002	2002	20 home-visiting services as prescribed in Section 10-16 of the
2003	2003	21 Department of Human Services Act.
2004	2004	22 Section 15-10. Home visiting program.
2005	2005	23 (a) The General Assembly finds that research-informed home
2006	2006
2007	2007
2008	2008
2009	2009
2010	2010
2011	2011	SB3777 - 56 - LRB103 39527 KTG 69733 b
2012	2012
2013	2013
2014	2014	SB3777- 57 -LRB103 39527 KTG 69733 b SB3777 - 57 - LRB103 39527 KTG 69733 b
2015	2015	SB3777 - 57 - LRB103 39527 KTG 69733 b
2016	2016	1 visiting programs work to strengthen families' functioning and
2017	2017	2 support parents in caring for their children to ensure optimal
2018	2018	3 child development.
2019	2019	4 (b) Through June 30, 2026, the Department of Human
2020	2020	5 Services shall administer a home visiting program to support
2021	2021	6 communities in providing intensive home visiting programs to
2022	2022	7 pregnant persons and families with children from birth up to
2023	2023	8 elementary school enrollment. Services shall be offered on a
2024	2024	9 voluntary basis to families. In awarding grants under the
2025	2025	10 program, the Department of Human Services shall prioritize
2026	2026	11 populations or communities in need of such services, as
2027	2027	12 determined by the Department of Human Services, based on data
2028	2028	13 including, but not limited to, statewide home visiting needs
2029	2029	14 assessments. Eligibility under the program shall also take
2030	2030	15 into consideration requirements of the federal Maternal,
2031	2031	16 Infant, and Early Childhood Home Visiting Program and Head
2032	2032	17 Start and Early Head Start to ensure appropriate alignment.
2033	2033	18 The overall goals for these services are to:
2034	2034	19 (1) improve maternal and newborn health;
2035	2035	20 (2) prevent child abuse and neglect;
2036	2036	21 (3) promote children's development and readiness to
2037	2037	22 participate in school; and
2038	2038	23 (4) connect families to needed community resources
2039	2039	24 and supports.
2040	2040	25 (b-5) On and after July 1, 2026, the Department of Early
2041	2041	26 Childhood shall establish and administer a home visiting
2042	2042
2043	2043
2044	2044
2045	2045
2046	2046
2047	2047	SB3777 - 57 - LRB103 39527 KTG 69733 b
2048	2048
2049	2049
2050	2050	SB3777- 58 -LRB103 39527 KTG 69733 b SB3777 - 58 - LRB103 39527 KTG 69733 b
2051	2051	SB3777 - 58 - LRB103 39527 KTG 69733 b
2052	2052	1 program to support communities in providing intensive home
2053	2053	2 visiting programs to pregnant persons and families with
2054	2054	3 children from birth up to elementary school enrollment.
2055	2055	4 (c) Allowable uses of funding include:
2056	2056	5 (1) Grants to community-based organizations to
2057	2057	6 implement home visiting and family support services with
2058	2058	7 fidelity to research-informed home visiting program
2059	2059	8 models, as defined by the Department. Services may
2060	2060	9 include, but are not limited to:
2061	2061	10 (A) personal visits with a child and the child's
2062	2062	11 parent or caregiver at a periodicity aligned with the
2063	2063	12 model being implemented;
2064	2064	13 (B) opportunities for connections with other
2065	2065	14 parents and caregivers in their community and other
2066	2066	15 social and community supports;
2067	2067	16 (C) enhancements to research-informed home
2068	2068	17 visiting program models based on community needs
2069	2069	18 including doula services, and other program
2070	2070	19 innovations as approved by the Department; and
2071	2071	20 (D) referrals to other resources needed by
2072	2072	21 families.
2073	2073	22 (2) Infrastructure supports for grantees, including,
2074	2074	23 but not limited to, professional development for the
2075	2075	24 workforce, technical assistance and capacity-building,
2076	2076	25 data system and supports, infant and early childhood
2077	2077	26 mental health consultation, trauma-informed practices,
2078	2078
2079	2079
2080	2080
2081	2081
2082	2082
2083	2083	SB3777 - 58 - LRB103 39527 KTG 69733 b
2084	2084
2085	2085
2086	2086	SB3777- 59 -LRB103 39527 KTG 69733 b SB3777 - 59 - LRB103 39527 KTG 69733 b
2087	2087	SB3777 - 59 - LRB103 39527 KTG 69733 b
2088	2088	1 research, universal newborn screening, and coordinated
2089	2089	2 intake.
2090	2090	3 (d) Subject to appropriation, the Department administering
2091	2091	4 home-visiting programs subject to Section 15-10 (b) and
2092	2092	5 Section 15-10(b-5) shall award grants to community-based
2093	2093	6 agencies in accordance with this Section and any other rules
2094	2094	7 that may be adopted by the Department. Successful grantees
2095	2095	8 under this program shall comply with policies and procedures
2096	2096	9 on program, data, and expense reporting as developed by the
2097	2097	10 Department.
2098	2098	11 (e) Funds received under this Section shall supplement,
2099	2099	12 not supplant, other existing or new federal, State, or local
2100	2100	13 sources of funding for these services. Any new federal funding
2101	2101	14 received shall supplement and not supplant funding for this
2102	2102	15 program.
2103	2103	16 (f) The Department administering home-visiting programs
2104	2104	17 subject to Section 15-10 (b) and Section 15-10(b-5) shall
2105	2105	18 collaborate with relevant agencies to support the coordination
2106	2106	19 and alignment of home visiting services provided through other
2107	2107	20 State and federal funds, to the extent possible. The
2108	2108	21 Department administering home-visiting programs subject to
2109	2109	22 Section 15-10 (b) and Section 15-10(b-5) shall collaborate
2110	2110	23 with the State Board of Education, the Department of
2111	2111	24 Healthcare and Family Services, and Head Start and Early Head
2112	2112	25 Start in the implementation of these services to support
2113	2113	26 alignment with home visiting services provided through the
2114	2114
2115	2115
2116	2116
2117	2117
2118	2118
2119	2119	SB3777 - 59 - LRB103 39527 KTG 69733 b
2120	2120
2121	2121
2122	2122	SB3777- 60 -LRB103 39527 KTG 69733 b SB3777 - 60 - LRB103 39527 KTG 69733 b
2123	2123	SB3777 - 60 - LRB103 39527 KTG 69733 b
2124	2124	1 Early Childhood Block Grant and the State's Medical Assistance
2125	2125	2 Program, respectively, to the extent possible.
2126	2126	3 (g) An advisory committee shall advise the Department
2127	2127	4 administering home-visiting programs subject to Section
2128	2128	5 15-10(b) and Section 15-10(b-5) concerning the implementation
2129	2129	6 of the home visiting program. The advisory committee shall
2130	2130	7 make recommendations on policy and implementation. The
2131	2131	8 Department shall determine whether the advisory committee
2132	2132	9 shall be a newly created body or an existing body such as a
2133	2133	10 committee of the Illinois Early Learning Council. The advisory
2134	2134	11 committee shall consist of one or more representatives of the
2135	2135	12 Department, other members representing public and private
2136	2136	13 entities that serve and interact with the families served
2137	2137	14 under the home visiting program, with the input of families
2138	2138	15 engaged in home visiting or related services themselves.
2139	2139	16 Family input may be secured by engaging families as members of
2140	2140	17 this advisory committee or as a separate committee of family
2141	2141	18 representatives.
2142	2142	19 (h) The Department of Early Childhood may adopt any rules
2143	2143	20 necessary to implement this Section.
2144	2144	21 Section 15-15. Collaboration; planning. Beginning July 1,
2145	2145	22 2024, the Department of Early Childhood shall collaborate with
2146	2146	23 the Illinois State Board of Education on administration of the
2147	2147	24 early childhood home-visiting and preschool programs
2148	2148	25 established in Sections 1C-2, 2-3.71, and 2-3.71a in the
2149	2149
2150	2150
2151	2151
2152	2152
2153	2153
2154	2154	SB3777 - 60 - LRB103 39527 KTG 69733 b
2155	2155
2156	2156
2157	2157	SB3777- 61 -LRB103 39527 KTG 69733 b SB3777 - 61 - LRB103 39527 KTG 69733 b
2158	2158	SB3777 - 61 - LRB103 39527 KTG 69733 b
2159	2159	1 School Code. The Department of Early Childhood and the
2160	2160	2 Illinois State Board of Education shall plan for the transfer
2161	2161	3 of administrative responsibilities that will occur on and
2162	2162	4 after July 1, 2026.
2163	2163	5 Section 15-20. Programs concerning services to at-risk
2164	2164	6 children and their families.
2165	2165	7 (a) On and after July 1, 2026, the Department of Early
2166	2166	8 Childhood may provide grants to eligible entities, as defined
2167	2167	9 by the Department, to establish programs which offer
2168	2168	10 coordinated services to at-risk infants and toddlers and their
2169	2169	11 families. Each program shall include a parent education
2170	2170	12 program relating to the development and nurturing of infants
2171	2171	13 and toddlers and case management services to coordinate
2172	2172	14 existing services available in the region served by the
2173	2173	15 program. These services shall be provided through the
2174	2174	16 implementation of an individual family service plan. Each
2175	2175	17 program will have a community involvement component to provide
2176	2176	18 coordination in the service system.
2177	2177	19 (b) The Department shall administer the programs through
2178	2178	20 the grants to public school districts and other eligible
2179	2179	21 entities. These grants must be used to supplement, not
2180	2180	22 supplant, funds received from any other source. School
2181	2181	23 districts and other eligible entities receiving grants
2182	2182	24 pursuant to this Section shall conduct voluntary, intensive,
2183	2183	25 research-based, and comprehensive prevention services, as
2184	2184
2185	2185
2186	2186
2187	2187
2188	2188
2189	2189	SB3777 - 61 - LRB103 39527 KTG 69733 b
2190	2190
2191	2191
2192	2192	SB3777- 62 -LRB103 39527 KTG 69733 b SB3777 - 62 - LRB103 39527 KTG 69733 b
2193	2193	SB3777 - 62 - LRB103 39527 KTG 69733 b
2194	2194	1 defined by the Department, for expecting parents and families
2195	2195	2 with children from birth to age 3 who are at-risk of academic
2196	2196	3 failure. A public school district that receives a grant under
2197	2197	4 this Section may subcontract with other eligible entities.
2198	2198	5 (c) The Department shall report to the General Assembly by
2199	2199	6 July 1, 2028 and every 2 years thereafter, using the most
2200	2200	7 current data available, on the status of programs funded under
2201	2201	8 this Section, including without limitation characteristics of
2202	2202	9 participants, services delivered, program models used, unmet
2203	2203	10 needs, and results of the programs funded.
2204	2204	11 Section 15-25. Block grants.
2205	2205	12 (a) Through June 30, 2026, the State Board of Education
2206	2206	13 shall award block grants to school districts and other
2207	2207	14 entities pursuant to Section 1C-1 of the School Code.
2208	2208	15 (b) On and after July 1, 2026, the Department of Early
2209	2209	16 Childhood shall award to school districts and other entities
2210	2210	17 block grants as described in subsection (c). The Department of
2211	2211	18 Early Childhood may adopt rules necessary to implement this
2212	2212	19 Section. Block grants are subject to audit. Therefore, block
2213	2213	20 grant receipts and block grant expenditures shall be recorded
2214	2214	21 to the appropriate fund code.
2215	2215	22 (c) An Early Childhood Education Block Grant shall be
2216	2216	23 created by combining the following programs: Preschool
2217	2217	24 Education, Parental Training and Prevention Initiative. These
2218	2218	25 funds shall be distributed to school districts and other
2219	2219
2220	2220
2221	2221
2222	2222
2223	2223
2224	2224	SB3777 - 62 - LRB103 39527 KTG 69733 b
2225	2225
2226	2226
2227	2227	SB3777- 63 -LRB103 39527 KTG 69733 b SB3777 - 63 - LRB103 39527 KTG 69733 b
2228	2228	SB3777 - 63 - LRB103 39527 KTG 69733 b
2229	2229	1 entities on a competitive basis, except that the Department of
2230	2230	2 Early Childhood shall award to a school district having a
2231	2231	3 population exceeding 500,000 inhabitants 37% of the funds in
2232	2232	4 each fiscal year. Not less than 14% of the Early Childhood
2233	2233	5 Education Block Grant allocation of funds shall be used to
2234	2234	6 fund programs for children ages 0-3. Beginning in Fiscal Year
2235	2235	7 2016, at least 25% of any additional Early Childhood Education
2236	2236	8 Block Grant funding over and above the previous fiscal year's
2237	2237	9 allocation shall be used to fund programs for children ages
2238	2238	10 0-3. Once the percentage of Early Childhood Education Block
2239	2239	11 Grant funding allocated to programs for children ages 0-3
2240	2240	12 reaches 20% of the overall Early Childhood Education Block
2241	2241	13 Grant allocation for a full fiscal year, thereafter in
2242	2242	14 subsequent fiscal years the percentage of Early Childhood
2243	2243	15 Education Block Grant funding allocated to programs for
2244	2244	16 children ages 0-3 each fiscal year shall remain at least 20% of
2245	2245	17 the overall Early Childhood Education Block Grant allocation.
2246	2246	18 However, if, in a given fiscal year, the amount appropriated
2247	2247	19 for the Early Childhood Education Block Grant is insufficient
2248	2248	20 to increase the percentage of the grant to fund programs for
2249	2249	21 children ages 0-3 without reducing the amount of the grant for
2250	2250	22 existing providers of preschool education programs, then the
2251	2251	23 percentage of the grant to fund programs for children ages 0-3
2252	2252	24 may be held steady instead of increased.
2253	2253	25 (d) A school district in a city having a population
2254	2254	26 exceeding 500,000 is not required to file any application or
2255	2255
2256	2256
2257	2257
2258	2258
2259	2259
2260	2260	SB3777 - 63 - LRB103 39527 KTG 69733 b
2261	2261
2262	2262
2263	2263	SB3777- 64 -LRB103 39527 KTG 69733 b SB3777 - 64 - LRB103 39527 KTG 69733 b
2264	2264	SB3777 - 64 - LRB103 39527 KTG 69733 b
2265	2265	1 other claim in order to receive the block grant to which it is
2266	2266	2 entitled under this Section. The Department of Early Childhood
2267	2267	3 shall make payments to the district of amounts due under the
2268	2268	4 district's block grant on a schedule determined by the
2269	2269	5 Department. A school district to which this Section applies
2270	2270	6 shall report to the Department of Early Childhood on its use of
2271	2271	7 the block grant in such form and detail as the Department may
2272	2272	8 specify. In addition, the report must include the following
2273	2273	9 description for the district, which must also be reported to
2274	2274	10 the General Assembly: block grant allocation and expenditures
2275	2275	11 by program; population and service levels by program; and
2276	2276	12 administrative expenditures by program. The Department shall
2277	2277	13 ensure that the reporting requirements for the district are
2278	2278	14 the same as for all other school districts in this State.
2279	2279	15 Beginning in Fiscal Year 2018, at least 25% of any additional
2280	2280	16 Preschool Education, Parental Training, and Prevention
2281	2281	17 Initiative program funding over and above the previous fiscal
2282	2282	18 year's allocation shall be used to fund programs for children
2283	2283	19 ages 0-3. Beginning in Fiscal Year 2018, funding for Preschool
2284	2284	20 Education, Parental Training, and Prevention Initiative
2285	2285	21 programs above the allocation for these programs in Fiscal
2286	2286	22 Year 2017 must be used solely as a supplement for these
2287	2287	23 programs and may not supplant funds received from other
2288	2288	24 sources.
2289	2289	25 (e) Reports. School districts and other entities that
2290	2290	26 receive an Early Childhood Education Block Grant shall report
2291	2291
2292	2292
2293	2293
2294	2294
2295	2295
2296	2296	SB3777 - 64 - LRB103 39527 KTG 69733 b
2297	2297
2298	2298
2299	2299	SB3777- 65 -LRB103 39527 KTG 69733 b SB3777 - 65 - LRB103 39527 KTG 69733 b
2300	2300	SB3777 - 65 - LRB103 39527 KTG 69733 b
2301	2301	1 to the Department of Early Childhood on its use of the block
2302	2302	2 grant in such form and detail as the Department may specify. In
2303	2303	3 addition, the report must include the following description
2304	2304	4 for the district and other entities that receive an Early
2305	2305	5 Childhood Block Grant, which must also be reported to the
2306	2306	6 General Assembly: block grant allocation and expenditures by
2307	2307	7 program; population and service levels by program; and
2308	2308	8 administrative expenditures by program.
2309	2309	9 Section 15-30. Grants for preschool educational programs.
2310	2310	10 (a) Preschool program.
2311	2311	11 (1) Through June 30, 2026, The State Board of
2312	2312	12 Education shall implement and administer a grant program
2313	2313	13 to conduct voluntary preschool educational programs for
2314	2314	14 children ages 3 to 5, which include a parent education
2315	2315	15 component, pursuant to Section 2-3.71 of the School Code.
2316	2316	16 (2) On and after July 1, 2026, the Department of Early
2317	2317	17 Childhood shall implement and administer a grant program
2318	2318	18 for school districts and other eligible entities, as
2319	2319	19 defined by the Department, to conduct voluntary preschool
2320	2320	20 educational programs for children ages 3 to 5 which
2321	2321	21 include a parent education component. A public school
2322	2322	22 district which receives grants under this subsection may
2323	2323	23 subcontract with other entities that are eligible to
2324	2324	24 conduct a preschool educational program. These grants must
2325	2325	25 be used to supplement, not supplant, funds received from
2326	2326
2327	2327
2328	2328
2329	2329
2330	2330
2331	2331	SB3777 - 65 - LRB103 39527 KTG 69733 b
2332	2332
2333	2333
2334	2334	SB3777- 66 -LRB103 39527 KTG 69733 b SB3777 - 66 - LRB103 39527 KTG 69733 b
2335	2335	SB3777 - 66 - LRB103 39527 KTG 69733 b
2336	2336	1 any other source.
2337	2337	2 (3) Except as otherwise provided under this subsection
2338	2338	3 (a), any teacher of preschool children in the program
2339	2339	4 authorized by this subsection shall hold a Professional
2340	2340	5 Educator License with an early childhood education
2341	2341	6 endorsement.
2342	2342	7 (3.5) Beginning with the 2018-2019 school year and
2343	2343	8 until the 2028-2029 school year, an individual may teach
2344	2344	9 preschool children in an early childhood program under
2345	2345	10 this Section if he or she holds a Professional Educator
2346	2346	11 License with an early childhood education endorsement or
2347	2347	12 with short-term approval for early childhood education or
2348	2348	13 he or she pursues a Professional Educator License and
2349	2349	14 holds any of the following:
2350	2350	15 (A) An ECE Credential Level of 5 awarded by the
2351	2351	16 Department of Human Services under the Gateways to
2352	2352	17 Opportunity Program developed under Section 10-70 of
2353	2353	18 the Department of Human Services Act.
2354	2354	19 (B) An Educator License with Stipulations with a
2355	2355	20 transitional bilingual educator endorsement and he or
2356	2356	21 she has (i) passed an early childhood education
2357	2357	22 content test or (ii) completed no less than 9 semester
2358	2358	23 hours of postsecondary coursework in the area of early
2359	2359	24 childhood education.
2360	2360	25 (4) Through June 30, 2026, the State Board of
2361	2361	26 Education shall provide the primary source of funding
2362	2362
2363	2363
2364	2364
2365	2365
2366	2366
2367	2367	SB3777 - 66 - LRB103 39527 KTG 69733 b
2368	2368
2369	2369
2370	2370	SB3777- 67 -LRB103 39527 KTG 69733 b SB3777 - 67 - LRB103 39527 KTG 69733 b
2371	2371	SB3777 - 67 - LRB103 39527 KTG 69733 b
2372	2372	1 through appropriations for the program. On and after July
2373	2373	2 1, 2026, the Department of Early Childhood shall provide
2374	2374	3 the primary source of funding through appropriations for
2375	2375	4 the program. Such funds shall be distributed to achieve a
2376	2376	5 goal of "Preschool for All Children" for the benefit of
2377	2377	6 all children whose families choose to participate in the
2378	2378	7 program. Based on available appropriations, newly funded
2379	2379	8 programs shall be selected through a process giving first
2380	2380	9 priority to qualified programs serving primarily at-risk
2381	2381	10 children and second priority to qualified programs serving
2382	2382	11 primarily children with a family income of less than 4
2383	2383	12 times the poverty guidelines updated periodically in the
2384	2384	13 Federal Register by the U.S. Department of Health and
2385	2385	14 Human Services under the authority of 42 U.S.C. 9902(2).
2386	2386	15 For purposes of this paragraph (4), at-risk children are
2387	2387	16 those who because of their home and community environment
2388	2388	17 are subject to such language, cultural, economic and like
2389	2389	18 disadvantages to cause them to have been determined as a
2390	2390	19 result of screening procedures to be at risk of academic
2391	2391	20 failure. Through June 30, 2026, such screening procedures
2392	2392	21 shall be based on criteria established by the State Board
2393	2393	22 of Education. On and after July 1, 2026, such screening
2394	2394	23 procedures shall be based on criteria established by the
2395	2395	24 Department of Early Childhood. Except as otherwise
2396	2396	25 provided in this paragraph (4), grantees under the program
2397	2397	26 must enter into a memorandum of understanding with the
2398	2398
2399	2399
2400	2400
2401	2401
2402	2402
2403	2403	SB3777 - 67 - LRB103 39527 KTG 69733 b
2404	2404
2405	2405
2406	2406	SB3777- 68 -LRB103 39527 KTG 69733 b SB3777 - 68 - LRB103 39527 KTG 69733 b
2407	2407	SB3777 - 68 - LRB103 39527 KTG 69733 b
2408	2408	1 appropriate local Head Start agency. This memorandum must
2409	2409	2 be entered into no later than 3 months after the award of a
2410	2410	3 grantee's grant under the program and must address
2411	2411	4 collaboration between the grantee's program and the local
2412	2412	5 Head Start agency on certain issues, which shall include
2413	2413	6 without limitation the following:
2414	2414	7 (A) educational activities, curricular objectives,
2415	2415	8 and instruction;
2416	2416	9 (B) public information dissemination and access to
2417	2417	10 programs for families contacting programs;
2418	2418	11 (C) service areas;
2419	2419	12 (D) selection priorities for eligible children to
2420	2420	13 be served by programs;
2421	2421	14 (E) maximizing the impact of federal and State
2422	2422	15 funding to benefit young children;
2423	2423	16 (F) staff training, including opportunities for
2424	2424	17 joint staff training;
2425	2425	18 (G) technical assistance;
2426	2426	19 (H) communication and parent outreach for smooth
2427	2427	20 transitions to kindergarten;
2428	2428	21 (I) provision and use of facilities,
2429	2429	22 transportation, and other program elements;
2430	2430	23 (J) facilitating each program's fulfillment of its
2431	2431	24 statutory and regulatory requirements;
2432	2432	25 (K) improving local planning and collaboration;
2433	2433	26 and
2434	2434
2435	2435
2436	2436
2437	2437
2438	2438
2439	2439	SB3777 - 68 - LRB103 39527 KTG 69733 b
2440	2440
2441	2441
2442	2442	SB3777- 69 -LRB103 39527 KTG 69733 b SB3777 - 69 - LRB103 39527 KTG 69733 b
2443	2443	SB3777 - 69 - LRB103 39527 KTG 69733 b
2444	2444	1 (L) providing comprehensive services for the
2445	2445	2 neediest Illinois children and families. Through June
2446	2446	3 30, 2026, if the appropriate local Head Start agency
2447	2447	4 is unable or unwilling to enter into a memorandum of
2448	2448	5 understanding as required under this paragraph (4),
2449	2449	6 the memorandum of understanding requirement shall not
2450	2450	7 apply and the grantee under the program must notify
2451	2451	8 the State Board of Education in writing of the Head
2452	2452	9 Start agency's inability or unwillingness. Through
2453	2453	10 June 30, 2026, the State Board of Education shall
2454	2454	11 compile all such written notices and make them
2455	2455	12 available to the public. On and after July 1, 2026, if
2456	2456	13 the appropriate local Head Start agency is unable or
2457	2457	14 unwilling to enter into a memorandum of understanding
2458	2458	15 as required under this paragraph (4), the memorandum
2459	2459	16 of understanding requirement shall not apply and the
2460	2460	17 grantee under the program must notify the Department
2461	2461	18 of Early Childhood in writing of the Head Start
2462	2462	19 agency's inability or unwillingness. The Department of
2463	2463	20 Early Childhood shall compile all such written notices
2464	2464	21 and make them available to the public.
2465	2465	22 (5) Through June 30, 2026, the State Board of
2466	2466	23 Education shall develop and provide evaluation tools,
2467	2467	24 including tests, that school districts and other eligible
2468	2468	25 entities may use to evaluate children for school readiness
2469	2469	26 prior to age 5. The State Board of Education shall require
2470	2470
2471	2471
2472	2472
2473	2473
2474	2474
2475	2475	SB3777 - 69 - LRB103 39527 KTG 69733 b
2476	2476
2477	2477
2478	2478	SB3777- 70 -LRB103 39527 KTG 69733 b SB3777 - 70 - LRB103 39527 KTG 69733 b
2479	2479	SB3777 - 70 - LRB103 39527 KTG 69733 b
2480	2480	1 school districts and other eligible entities to obtain
2481	2481	2 consent from the parents or guardians of children before
2482	2482	3 any evaluations are conducted. The State Board of
2483	2483	4 Education shall encourage local school districts and other
2484	2484	5 eligible entities to evaluate the population of preschool
2485	2485	6 children in their communities and provide preschool
2486	2486	7 programs, pursuant to this subsection, where appropriate.
2487	2487	8 (5.1) On and after July 1, 2026, the Department of
2488	2488	9 Early Childhood shall develop and provide evaluation
2489	2489	10 tools, including tests, that school districts and other
2490	2490	11 eligible entities may use to evaluate children for school
2491	2491	12 readiness prior to age 5. The Department of Early
2492	2492	13 Childhood shall require school districts and other
2493	2493	14 eligible entities to obtain consent from the parents or
2494	2494	15 guardians of children before any evaluations are
2495	2495	16 conducted. The Department of Early Childhood shall
2496	2496	17 encourage local school districts and other eligible
2497	2497	18 entities to evaluate the population of preschool children
2498	2498	19 in their communities and provide preschool programs,
2499	2499	20 pursuant to this subsection, where appropriate.
2500	2500	21 (6) Through June 30, 2026, the State Board of
2501	2501	22 Education shall report to the General Assembly by November
2502	2502	23 1, 2018 and every 2 years thereafter on the results and
2503	2503	24 progress of students who were enrolled in preschool
2504	2504	25 educational programs, including an assessment of which
2505	2505	26 programs have been most successful in promoting academic
2506	2506
2507	2507
2508	2508
2509	2509
2510	2510
2511	2511	SB3777 - 70 - LRB103 39527 KTG 69733 b
2512	2512
2513	2513
2514	2514	SB3777- 71 -LRB103 39527 KTG 69733 b SB3777 - 71 - LRB103 39527 KTG 69733 b
2515	2515	SB3777 - 71 - LRB103 39527 KTG 69733 b
2516	2516	1 excellence and alleviating academic failure. Through June
2517	2517	2 30, 2026, the State Board of Education shall assess the
2518	2518	3 academic progress of all students who have been enrolled
2519	2519	4 in preschool educational programs. Through Fiscal Year
2520	2520	5 2026, on or before November 1 of each fiscal year in which
2521	2521	6 the General Assembly provides funding for new programs
2522	2522	7 under paragraph (4) of this Section, the State Board of
2523	2523	8 Education shall report to the General Assembly on what
2524	2524	9 percentage of new funding was provided to programs serving
2525	2525	10 primarily at-risk children, what percentage of new funding
2526	2526	11 was provided to programs serving primarily children with a
2527	2527	12 family income of less than 4 times the federal poverty
2528	2528	13 level, and what percentage of new funding was provided to
2529	2529	14 other programs.
2530	2530	15 (6.1) On and after July 1, 2026, the Department of
2531	2531	16 Early Childhood shall report to the General Assembly by
2532	2532	17 November 1, 2026 and every 2 years thereafter on the
2533	2533	18 results and progress of students who were enrolled in
2534	2534	19 preschool educational programs, including an assessment of
2535	2535	20 which programs have been most successful in promoting
2536	2536	21 academic excellence and alleviating academic failure. On
2537	2537	22 and after July 1, 2026, the Department of Early Childhood
2538	2538	23 shall assess the academic progress of all students who
2539	2539	24 have been enrolled in preschool educational programs.
2540	2540	25 Beginning in Fiscal Year 2027, on or before November 1 of
2541	2541	26 each fiscal year in which the General Assembly provides
2542	2542
2543	2543
2544	2544
2545	2545
2546	2546
2547	2547	SB3777 - 71 - LRB103 39527 KTG 69733 b
2548	2548
2549	2549
2550	2550	SB3777- 72 -LRB103 39527 KTG 69733 b SB3777 - 72 - LRB103 39527 KTG 69733 b
2551	2551	SB3777 - 72 - LRB103 39527 KTG 69733 b
2552	2552	1 funding for new programs under paragraph (4) of this
2553	2553	2 Section, the Department of Early Childhood shall report to
2554	2554	3 the General Assembly on what percentage of new funding was
2555	2555	4 provided to programs serving primarily at-risk children,
2556	2556	5 what percentage of new funding was provided to programs
2557	2557	6 serving primarily children with a family income of less
2558	2558	7 than 4 times the federal poverty level, and what
2559	2559	8 percentage of new funding was provided to other programs.
2560	2560	9 (7) Due to evidence that expulsion practices in the
2561	2561	10 preschool years are linked to poor child outcomes and are
2562	2562	11 employed inconsistently across racial and gender groups,
2563	2563	12 early childhood programs receiving State funds under this
2564	2564	13 subsection (a) shall prohibit expulsions. Planned
2565	2565	14 transitions to settings that are able to better meet a
2566	2566	15 child's needs are not considered expulsion under this
2567	2567	16 paragraph (7).
2568	2568	17 (A) When persistent and serious challenging
2569	2569	18 behaviors emerge, the early childhood program shall
2570	2570	19 document steps taken to ensure that the child can
2571	2571	20 participate safely in the program; including
2572	2572	21 observations of initial and ongoing challenging
2573	2573	22 behaviors, strategies for remediation and intervention
2574	2574	23 plans to address the behaviors, and communication with
2575	2575	24 the parent or legal guardian, including participation
2576	2576	25 of the parent or legal guardian in planning and
2577	2577	26 decision-making.
2578	2578
2579	2579
2580	2580
2581	2581
2582	2582
2583	2583	SB3777 - 72 - LRB103 39527 KTG 69733 b
2584	2584
2585	2585
2586	2586	SB3777- 73 -LRB103 39527 KTG 69733 b SB3777 - 73 - LRB103 39527 KTG 69733 b
2587	2587	SB3777 - 73 - LRB103 39527 KTG 69733 b
2588	2588	1 (B) The early childhood program shall, with
2589	2589	2 parental or legal guardian consent as required, use a
2590	2590	3 range of community resources, if available and deemed
2591	2591	4 necessary, including, but not limited to,
2592	2592	5 developmental screenings, referrals to programs and
2593	2593	6 services administered by a local educational agency or
2594	2594	7 early intervention agency under Parts B and C of the
2595	2595	8 federal Individual with Disabilities Education Act,
2596	2596	9 and consultation with infant and early childhood
2597	2597	10 mental health consultants and the child's health care
2598	2598	11 provider. The program shall document attempts to
2599	2599	12 engage these resources, including parent or legal
2600	2600	13 guardian participation and consent attempted and
2601	2601	14 obtained. Communication with the parent or legal
2602	2602	15 guardian shall take place in a culturally and
2603	2603	16 linguistically competent manner.
2604	2604	17 (C) If there is documented evidence that all
2605	2605	18 available interventions and supports recommended by a
2606	2606	19 qualified professional have been exhausted and the
2607	2607	20 program determines in its professional judgment that
2608	2608	21 transitioning a child to another program is necessary
2609	2609	22 for the well-being of the child or his or her peers and
2610	2610	23 staff, with parent or legal guardian permission, both
2611	2611	24 the current and pending programs shall create a
2612	2612	25 transition plan designed to ensure continuity of
2613	2613	26 services and the comprehensive development of the
2614	2614
2615	2615
2616	2616
2617	2617
2618	2618
2619	2619	SB3777 - 73 - LRB103 39527 KTG 69733 b
2620	2620
2621	2621
2622	2622	SB3777- 74 -LRB103 39527 KTG 69733 b SB3777 - 74 - LRB103 39527 KTG 69733 b
2623	2623	SB3777 - 74 - LRB103 39527 KTG 69733 b
2624	2624	1 child. Communication with families shall occur in a
2625	2625	2 culturally and linguistically competent manner.
2626	2626	3 (D) Nothing in this paragraph (7) shall preclude a
2627	2627	4 parent's or legal guardian's right to voluntarily
2628	2628	5 withdraw his or her child from an early childhood
2629	2629	6 program. Early childhood programs shall request and
2630	2630	7 keep on file, when received, a written statement from
2631	2631	8 the parent or legal guardian stating the reason for
2632	2632	9 his or her decision to withdraw his or her child.
2633	2633	10 (E) In the case of the determination of a serious
2634	2634	11 safety threat to a child or others or in the case of
2635	2635	12 behaviors listed in subsection (d) of Section 10-22.6
2636	2636	13 of the School Code, the temporary removal of a child
2637	2637	14 from attendance in group settings may be used.
2638	2638	15 Temporary removal of a child from attendance in a
2639	2639	16 group setting shall trigger the process detailed in
2640	2640	17 subparagraphs (A), (B), and (C) of this paragraph (7),
2641	2641	18 with the child placed back in a group setting as
2642	2642	19 quickly as possible.
2643	2643	20 (F) Early childhood programs may use and the
2644	2644	21 Department of Early Childhood, State Board of
2645	2645	22 Education, the Department of Human Services, and the
2646	2646	23 Department of Children and Family Services shall
2647	2647	24 recommend training, technical support, and
2648	2648	25 professional development resources to improve the
2649	2649	26 ability of teachers, administrators, program
2650	2650
2651	2651
2652	2652
2653	2653
2654	2654
2655	2655	SB3777 - 74 - LRB103 39527 KTG 69733 b
2656	2656
2657	2657
2658	2658	SB3777- 75 -LRB103 39527 KTG 69733 b SB3777 - 75 - LRB103 39527 KTG 69733 b
2659	2659	SB3777 - 75 - LRB103 39527 KTG 69733 b
2660	2660	1 directors, and other staff to promote social-emotional
2661	2661	2 development and behavioral health, to address
2662	2662	3 challenging behaviors, and to understand trauma and
2663	2663	4 trauma-informed care, cultural competence, family
2664	2664	5 engagement with diverse populations, the impact of
2665	2665	6 implicit bias on adult behavior, and the use of
2666	2666	7 reflective practice techniques. Support shall include
2667	2667	8 the availability of resources to contract with infant
2668	2668	9 and early childhood mental health consultants.
2669	2669	10 (G) Through June 30, 2026, early childhood
2670	2670	11 programs shall annually report to the State Board of
2671	2671	12 Education, and, beginning in Fiscal Year 2020, the
2672	2672	13 State Board of Education shall make available on a
2673	2673	14 biennial basis, in an existing report, all of the
2674	2674	15 following data for children from birth to age 5 who are
2675	2675	16 served by the program:
2676	2676	17 (i) Total number served over the course of the
2677	2677	18 program year and the total number of children who
2678	2678	19 left the program during the program year.
2679	2679	20 (ii) Number of planned transitions to another
2680	2680	21 program due to children's behavior, by children's
2681	2681	22 race, gender, disability, language, class/group
2682	2682	23 size, teacher-child ratio, and length of program
2683	2683	24 day.
2684	2684	25 (iii) Number of temporary removals of a child
2685	2685	26 from attendance in group settings due to a serious
2686	2686
2687	2687
2688	2688
2689	2689
2690	2690
2691	2691	SB3777 - 75 - LRB103 39527 KTG 69733 b
2692	2692
2693	2693
2694	2694	SB3777- 76 -LRB103 39527 KTG 69733 b SB3777 - 76 - LRB103 39527 KTG 69733 b
2695	2695	SB3777 - 76 - LRB103 39527 KTG 69733 b
2696	2696	1 safety threat under subparagraph (E) of this
2697	2697	2 paragraph (7), by children's race, gender,
2698	2698	3 disability, language, class/group size,
2699	2699	4 teacher-child ratio, and length of program day.
2700	2700	5 (iv) Hours of infant and early childhood
2701	2701	6 mental health consultant contact with program
2702	2702	7 leaders, staff, and families over the program
2703	2703	8 year.
2704	2704	9 (G-5) On and after July 1, 2026, early childhood
2705	2705	10 programs shall annually report to the Department of
2706	2706	11 Early Childhood, and beginning in Fiscal Year 2028,
2707	2707	12 the Department of Early Childhood shall make available
2708	2708	13 on a biennial basis, in a report, all of the following
2709	2709	14 data for children from birth to age 5 who are served by
2710	2710	15 the program:
2711	2711	16 (i) Total number served over the course of the
2712	2712	17 program year and the total number of children who
2713	2713	18 left the program during the program year.
2714	2714	19 (ii) Number of planned transitions to another
2715	2715	20 program due to children's behavior, by children's
2716	2716	21 race, gender, disability, language, class/group
2717	2717	22 size, teacher-child ratio, and length of program
2718	2718	23 day.
2719	2719	24 (iii) Number of temporary removals of a child
2720	2720	25 from attendance in group settings due to a serious
2721	2721	26 safety threat under subparagraph (E) of this
2722	2722
2723	2723
2724	2724
2725	2725
2726	2726
2727	2727	SB3777 - 76 - LRB103 39527 KTG 69733 b
2728	2728
2729	2729
2730	2730	SB3777- 77 -LRB103 39527 KTG 69733 b SB3777 - 77 - LRB103 39527 KTG 69733 b
2731	2731	SB3777 - 77 - LRB103 39527 KTG 69733 b
2732	2732	1 paragraph (7), by children's race, gender,
2733	2733	2 disability, language, class/group size,
2734	2734	3 teacher-child ratio, and length of program day.
2735	2735	4 (iv) Hours of infant and early childhood
2736	2736	5 mental health consultant contact with program
2737	2737	6 leaders, staff, and families over the program
2738	2738	7 year.
2739	2739	8 (H) Changes to services for children with an
2740	2740	9 individualized education program or individual family
2741	2741	10 service plan shall be construed in a manner consistent
2742	2742	11 with the federal Individuals with Disabilities
2743	2743	12 Education Act.
2744	2744	13 The Department of Early Childhood, in consultation
2745	2745	14 with the Department of Children and Family Services, shall
2746	2746	15 adopt rules to administer this paragraph (7).
2747	2747	16 (b) Notwithstanding any other provisions of this Section,
2748	2748	17 grantees may serve children ages 0 to 12 of essential workers
2749	2749	18 if the Governor has declared a disaster due to a public health
2750	2750	19 emergency pursuant to Section 7 of the Illinois Emergency
2751	2751	20 Management Agency Act. The Department of Early Childhood may
2752	2752	21 adopt rules to administer this subsection.
2753	2753	22 Section 15-35. Chronic absenteeism in preschool children.
2754	2754	23 (a) In this Section, "chronic absence" means absences that
2755	2755	24 total 10% or more of school days of the most recent academic
2756	2756	25 school year, including absences with and without valid cause,
2757	2757
2758	2758
2759	2759
2760	2760
2761	2761
2762	2762	SB3777 - 77 - LRB103 39527 KTG 69733 b
2763	2763
2764	2764
2765	2765	SB3777- 78 -LRB103 39527 KTG 69733 b SB3777 - 78 - LRB103 39527 KTG 69733 b
2766	2766	SB3777 - 78 - LRB103 39527 KTG 69733 b
2767	2767	1 as defined in Section 26-2a of the School Code.
2768	2768	2 (b) The General Assembly makes all of the following
2769	2769	3 findings:
2770	2770	4 (1) The early years are an extremely important period
2771	2771	5 in a child's learning and development.
2772	2772	6 (2) Missed learning opportunities in the early years
2773	2773	7 make it difficult for a child to enter kindergarten ready
2774	2774	8 for success.
2775	2775	9 (3) Attendance patterns in the early years serve as
2776	2776	10 predictors of chronic absenteeism and reduced educational
2777	2777	11 outcomes in later school years. Therefore, it is crucial
2778	2778	12 that the implications of chronic absence be understood and
2779	2779	13 reviewed regularly under the Preschool for All Program and
2780	2780	14 Preschool for All Expansion Program under Section 15-30 of
2781	2781	15 this Act.
2782	2782	16 (c) The Preschool for All Program and Preschool for All
2783	2783	17 Expansion Program under Section 15-30 of this Act shall
2784	2784	18 collect and review its chronic absence data and determine what
2785	2785	19 support and resources are needed to positively engage
2786	2786	20 chronically absent students and their families to encourage
2787	2787	21 the habit of daily attendance and promote success.
2788	2788	22 (d) The Preschool for All Program and Preschool for All
2789	2789	23 Expansion Program under Section 15-30 of this Act are
2790	2790	24 encouraged to do all of the following:
2791	2791	25 (1) Provide support to students who are at risk of
2792	2792	26 reaching or exceeding chronic absence levels.
2793	2793
2794	2794
2795	2795
2796	2796
2797	2797
2798	2798	SB3777 - 78 - LRB103 39527 KTG 69733 b
2799	2799
2800	2800
2801	2801	SB3777- 79 -LRB103 39527 KTG 69733 b SB3777 - 79 - LRB103 39527 KTG 69733 b
2802	2802	SB3777 - 79 - LRB103 39527 KTG 69733 b
2803	2803	1 (2) Make resources available to families, such as
2804	2804	2 those available through the State Board of Education's
2805	2805	3 Family Engagement Framework, to support and encourage
2806	2806	4 families to ensure their children's daily program
2807	2807	5 attendance.
2808	2808	6 (3) Include information about chronic absenteeism as
2809	2809	7 part of their preschool to kindergarten transition
2810	2810	8 resources.
2811	2811	9 (e) On or before July 1, 2020, and annually thereafter
2812	2812	10 through June 30, 2026, the Preschool for All Program and
2813	2813	11 Preschool for All Expansion Program shall report all data
2814	2814	12 collected under subsection (c) of this Section to the State
2815	2815	13 Board of Education, which shall make the report publicly
2816	2816	14 available via the Illinois Early Childhood Asset Map Internet
2817	2817	15 website and the Preschool for All Program or Preschool for All
2818	2818	16 Expansion Program triennial report.
2819	2819	17 (e-5) On and after July 1, 2026, the Department of Early
2820	2820	18 Childhood shall collect and review its chronic absence data
2821	2821	19 and determine what support and resources are needed to
2822	2822	20 positively engage chronically absent students and their
2823	2823	21 families to encourage the habit of daily attendance and
2824	2824	22 promote success. The Department shall report all data
2825	2825	23 collected and make a report publicly available via the
2826	2826	24 Illinois Early Childhood Asset Map Internet website and the
2827	2827	25 Preschool for All Program or Preschool for All Expansion
2828	2828	26 Program triennial report.
2829	2829
2830	2830
2831	2831
2832	2832
2833	2833
2834	2834	SB3777 - 79 - LRB103 39527 KTG 69733 b
2835	2835
2836	2836
2837	2837	SB3777- 80 -LRB103 39527 KTG 69733 b SB3777 - 80 - LRB103 39527 KTG 69733 b
2838	2838	SB3777 - 80 - LRB103 39527 KTG 69733 b
2839	2839	1 Section 15-40. Restrictions on prekindergarten
2840	2840	2 assessments.
2841	2841	3 (a) In this Section:
2842	2842	4 "Diagnostic and screening purposes" means for the purpose
2843	2843	5 of determining if individual students need remedial
2844	2844	6 instruction or to determine eligibility for special education,
2845	2845	7 early intervention, bilingual education, dyslexia services, or
2846	2846	8 other related educational services. Any assessment used to
2847	2847	9 determine eligibility for special education or related
2848	2848	10 services must be consistent with Section 614 of the federal
2849	2849	11 Individuals with Disabilities Education Act. "Diagnostic and
2850	2850	12 screening purposes" includes the identification and evaluation
2851	2851	13 of students with disabilities. "Diagnostic and screening
2852	2852	14 purposes" does not include any assessment in which student
2853	2853	15 scores are used to rate or rank a classroom, program, teacher,
2854	2854	16 school, school district, or jurisdiction.
2855	2855	17 "Standardized assessment" means an assessment that
2856	2856	18 requires all student test takers to answer the same questions,
2857	2857	19 or a selection of questions from a common bank of questions, in
2858	2858	20 the same manner or substantially the same questions in the
2859	2859	21 same manner. "Standardized assessment" does not include an
2860	2860	22 observational assessment tool used to satisfy the requirements
2861	2861	23 of Section 2-3.64a-10 of the School Code.
2862	2862	24 (b) Consistent with Section 2-3.64a-15 of the School Code,
2863	2863	25 the Department of Early Childhood may not develop, purchase,
2864	2864
2865	2865
2866	2866
2867	2867
2868	2868
2869	2869	SB3777 - 80 - LRB103 39527 KTG 69733 b
2870	2870
2871	2871
2872	2872	SB3777- 81 -LRB103 39527 KTG 69733 b SB3777 - 81 - LRB103 39527 KTG 69733 b
2873	2873	SB3777 - 81 - LRB103 39527 KTG 69733 b
2874	2874	1 or require a school district to administer, develop, or
2875	2875	2 purchase a standardized assessment for students enrolled or
2876	2876	3 preparing to enroll in prekindergarten, other than for
2877	2877	4 diagnostic and screening purposes.
2878	2878	5 (c) Consistent with Section 2-3.64a-15 of the School Code,
2879	2879	6 the Department of Early Childhood may not provide funding for
2880	2880	7 any standardized assessment of students enrolled or preparing
2881	2881	8 to enroll in prekindergarten, other than for diagnostic and
2882	2882	9 screening purposes.
2883	2883	10 (d) Nothing in this Section shall be construed to limit
2884	2884	11 the ability of a classroom teacher or school district to
2885	2885	12 develop, purchase, administer, or score an assessment for an
2886	2886	13 individual classroom, grade level, or group of grade levels in
2887	2887	14 any subject area in prekindergarten.
2888	2888	15 (e) Nothing in this Section limits procedures used by a
2889	2889	16 school or school district for child find under 34 CFR
2890	2890	17 300.111(c) or evaluation under 34 CFR 300.304.
2891	2891	18 (f) Nothing in this Section restricts the use of an annual
2892	2892	19 assessment of English proficiency of all English learners to
2893	2893	20 comply with Section 1111(b)(2)(G) of the federal Elementary
2894	2894	21 and Secondary Education Act of 1965.
2895	2895	22 Section 15-45. Grants for early childhood parental
2896	2896	23 training programs. On and after July 1, 2026, the Department
2897	2897	24 of Early Childhood shall implement and administer a grant
2898	2898	25 program consisting of grants to public school districts and
2899	2899
2900	2900
2901	2901
2902	2902
2903	2903
2904	2904	SB3777 - 81 - LRB103 39527 KTG 69733 b
2905	2905
2906	2906
2907	2907	SB3777- 82 -LRB103 39527 KTG 69733 b SB3777 - 82 - LRB103 39527 KTG 69733 b
2908	2908	SB3777 - 82 - LRB103 39527 KTG 69733 b
2909	2909	1 other eligible entities, as defined by the Department, to
2910	2910	2 conduct early childhood parental training programs for the
2911	2911	3 parents of children in the period of life from birth to
2912	2912	4 kindergarten. A public school district that receives grants
2913	2913	5 under this Section may contract with other eligible entities
2914	2914	6 to conduct an early childhood parental training program. These
2915	2915	7 grants must be used to supplement, not supplant, funds
2916	2916	8 received from any other source. A school board or other
2917	2917	9 eligible entity shall employ appropriately qualified personnel
2918	2918	10 for its early childhood parental training program, including
2919	2919	11 but not limited to certified teachers, counselors,
2920	2920	12 psychiatrists, psychologists and social workers.
2921	2921	13 (a) As used in this Section, "parental training" means and
2922	2922	14 includes instruction in the following:
2923	2923	15 (1) Child growth and development, including prenatal
2924	2924	16 development.
2925	2925	17 (2) Childbirth and child care.
2926	2926	18 (3) Family structure, function and management.
2927	2927	19 (4) Prenatal and postnatal care for mothers and
2928	2928	20 infants.
2929	2929	21 (5) Prevention of child abuse.
2930	2930	22 (6) The physical, mental, emotional, social, economic
2931	2931	23 and psychological aspects of interpersonal and family
2932	2932	24 relationships.
2933	2933	25 (7) Parenting skill development.
2934	2934	26 The programs shall include activities that require
2935	2935
2936	2936
2937	2937
2938	2938
2939	2939
2940	2940	SB3777 - 82 - LRB103 39527 KTG 69733 b
2941	2941
2942	2942
2943	2943	SB3777- 83 -LRB103 39527 KTG 69733 b SB3777 - 83 - LRB103 39527 KTG 69733 b
2944	2944	SB3777 - 83 - LRB103 39527 KTG 69733 b
2945	2945	1 substantial participation and interaction between parent and
2946	2946	2 child.
2947	2947	3 (b) The Department shall annually award funds through a
2948	2948	4 grant approval process established by the Department,
2949	2949	5 providing that an annual appropriation is made for this
2950	2950	6 purpose from State, federal or private funds. Nothing in this
2951	2951	7 Section shall preclude school districts from applying for or
2952	2952	8 accepting private funds to establish and implement programs.
2953	2953	9 (c) The Department shall assist those districts and other
2954	2954	10 eligible entities offering early childhood parental training
2955	2955	11 programs, upon request, in developing instructional materials,
2956	2956	12 training teachers and staff, and establishing appropriate time
2957	2957	13 allotments for each of the areas included in such instruction.
2958	2958	14 (d) School districts and other eligible entities may offer
2959	2959	15 early childhood parental training courses during that period
2960	2960	16 of the day which is not part of the regular school day.
2961	2961	17 Residents of the community may enroll in such courses. The
2962	2962	18 school board or other eligible entity may establish fees and
2963	2963	19 collect such charges as may be necessary for attendance at
2964	2964	20 such courses in an amount not to exceed the per capita cost of
2965	2965	21 the operation thereof, except that the board or other eligible
2966	2966	22 entity may waive all or part of such charges if it determines
2967	2967	23 that the parent is indigent or that the educational needs of
2968	2968	24 the parent require his or her attendance at such courses.
2969	2969	25 (e) Parents who participate in early childhood parental
2970	2970	26 training programs under this Section may be eligible for
2971	2971
2972	2972
2973	2973
2974	2974
2975	2975
2976	2976	SB3777 - 83 - LRB103 39527 KTG 69733 b
2977	2977
2978	2978
2979	2979	SB3777- 84 -LRB103 39527 KTG 69733 b SB3777 - 84 - LRB103 39527 KTG 69733 b
2980	2980	SB3777 - 84 - LRB103 39527 KTG 69733 b
2981	2981	1 reasonable reimbursement of any incidental transportation and
2982	2982	2 child care expenses from the school district receiving funds
2983	2983	3 pursuant to this Section.
2984	2984	4 (f) Districts and other eligible entities receiving grants
2985	2985	5 pursuant to this Section shall coordinate programs created
2986	2986	6 under this Section with other preschool educational programs,
2987	2987	7 including "at-risk" preschool programs, special and vocational
2988	2988	8 education, and related services provided by other governmental
2989	2989	9 agencies and not-for-profit agencies.
2990	2990	10 (g) Early childhood programs under this Section are
2991	2991	11 subject to the requirements under paragraph (7) of subsection
2992	2992	12 (a) of Section 15-30 of this Act.
2993	2993	13 Section 15-50. Early childhood construction grants.
2994	2994	14 (a) The Capital Development Board is authorized to make
2995	2995	15 grants to public school districts and not-for-profit entities
2996	2996	16 for early childhood construction projects, except that in
2997	2997	17 Fiscal Year 2024 those grants may be made only to public school
2998	2998	18 districts. These grants shall be paid out of moneys
2999	2999	19 appropriated for that purpose from the School Construction
3000	3000	20 Fund, the Build Illinois Bond Fund, or the Rebuild Illinois
3001	3001	21 Projects Fund. No grants may be awarded to entities providing
3002	3002	22 services within private residences. A public school district
3003	3003	23 or other eligible entity must provide local matching funds in
3004	3004	24 the following manner:
3005	3005	25 (1) A public school district assigned to Tier 1 under
3006	3006
3007	3007
3008	3008
3009	3009
3010	3010
3011	3011	SB3777 - 84 - LRB103 39527 KTG 69733 b
3012	3012
3013	3013
3014	3014	SB3777- 85 -LRB103 39527 KTG 69733 b SB3777 - 85 - LRB103 39527 KTG 69733 b
3015	3015	SB3777 - 85 - LRB103 39527 KTG 69733 b
3016	3016	1 Section 18-8.15 of the School Code or any other eligible
3017	3017	2 entity in an area encompassed by that district must
3018	3018	3 provide local matching funds in an amount equal to 3% of
3019	3019	4 the grant awarded under this Section.
3020	3020	5 (2) A public school district assigned to Tier 2 under
3021	3021	6 Section 18-8.15 of the School Code or any other eligible
3022	3022	7 entity in an area encompassed by that district must
3023	3023	8 provide local matching funds in an amount equal to 7.5% of
3024	3024	9 the grant awarded under this Section.
3025	3025	10 (3) A public school district assigned to Tier 3 under
3026	3026	11 Section 18-8.15 of the School Code or any other eligible
3027	3027	12 entity in an area encompassed by that district must
3028	3028	13 provide local matching funds in an amount equal to 8.75%
3029	3029	14 of the grant awarded under this Section.
3030	3030	15 (4) A public school district assigned to Tier 4 under
3031	3031	16 Section 18-8.15 of the School Code or any other eligible
3032	3032	17 entity in an area encompassed by that district must
3033	3033	18 provide local matching funds in an amount equal to 10% of
3034	3034	19 the grant awarded under this Section.
3035	3035	20 A public school district or other eligible entity has no
3036	3036	21 entitlement to a grant under this Section.
3037	3037	22 (b) The Capital Development Board shall adopt rules to
3038	3038	23 implement this Section. These rules need not be the same as the
3039	3039	24 rules for school construction project grants or school
3040	3040	25 maintenance project grants. The rules may specify:
3041	3041	26 (1) the manner of applying for grants;
3042	3042
3043	3043
3044	3044
3045	3045
3046	3046
3047	3047	SB3777 - 85 - LRB103 39527 KTG 69733 b
3048	3048
3049	3049
3050	3050	SB3777- 86 -LRB103 39527 KTG 69733 b SB3777 - 86 - LRB103 39527 KTG 69733 b
3051	3051	SB3777 - 86 - LRB103 39527 KTG 69733 b
3052	3052	1 (2) project eligibility requirements;
3053	3053	2 (3) restrictions on the use of grant moneys;
3054	3054	3 (4) the manner in which school districts and other
3055	3055	4 eligible entities must account for the use of grant
3056	3056	5 moneys;
3057	3057	6 (5) requirements that new or improved facilities be
3058	3058	7 used for early childhood and other related programs for a
3059	3059	8 period of at least 10 years; and
3060	3060	9 (6) any other provision that the Capital Development
3061	3061	10 Board determines to be necessary or useful for the
3062	3062	11 administration of this Section.
3063	3063	12 (b-5) When grants are made to non-profit corporations for
3064	3064	13 the acquisition or construction of new facilities, the Capital
3065	3065	14 Development Board or any State agency it so designates shall
3066	3066	15 hold title to or place a lien on the facility for a period of
3067	3067	16 10 years after the date of the grant award, after which title
3068	3068	17 to the facility shall be transferred to the non-profit
3069	3069	18 corporation or the lien shall be removed, provided that the
3070	3070	19 non-profit corporation has complied with the terms of its
3071	3071	20 grant agreement. When grants are made to non-profit
3072	3072	21 corporations for the purpose of renovation or rehabilitation,
3073	3073	22 if the non-profit corporation does not comply with item (5) of
3074	3074	23 subsection (b) of this Section, the Capital Development Board
3075	3075	24 or any State agency it so designates shall recover the grant
3076	3076	25 pursuant to the procedures outlined in the Illinois Grant
3077	3077	26 Funds Recovery Act.
3078	3078
3079	3079
3080	3080
3081	3081
3082	3082
3083	3083	SB3777 - 86 - LRB103 39527 KTG 69733 b
3084	3084
3085	3085
3086	3086	SB3777- 87 -LRB103 39527 KTG 69733 b SB3777 - 87 - LRB103 39527 KTG 69733 b
3087	3087	SB3777 - 87 - LRB103 39527 KTG 69733 b
3088	3088	1 (c) On and after July 1, 2026, the Capital Development
3089	3089	2 Board, in consultation with the Department of Early Childhood,
3090	3090	3 shall establish standards for the determination of priority
3091	3091	4 needs concerning early childhood projects based on projects
3092	3092	5 located in communities in the State with the greatest
3093	3093	6 underserved population of young children, utilizing Census
3094	3094	7 data and other reliable local early childhood service data.
3095	3095	8 (d) In each school year in which early childhood
3096	3096	9 construction project grants are awarded, 20% of the total
3097	3097	10 amount awarded shall be awarded to a school district with a
3098	3098	11 population of more than 500,000, provided that the school
3099	3099	12 district complies with the requirements of this Section and
3100	3100	13 the rules adopted under this Section.
3101	3101	14 Section 15-55. Infant/early childhood mental health
3102	3102	15 consultations.
3103	3103	16 (a) Findings; policies.
3104	3104	17 (1) The General Assembly finds that social and
3105	3105	18 emotional development is a core, developmental domain in
3106	3106	19 young children and is codified in the Illinois Early
3107	3107	20 Learning Standards.
3108	3108	21 (2) Fostering social and emotional development in,
3109	3109	22 early childhood means both providing the supportive
3110	3110	23 settings and interactions to maximize healthy social and
3111	3111	24 emotional development for all children, as well as
3112	3112	25 providing communities, programs, and providers with
3113	3113
3114	3114
3115	3115
3116	3116
3117	3117
3118	3118	SB3777 - 87 - LRB103 39527 KTG 69733 b
3119	3119
3120	3120
3121	3121	SB3777- 88 -LRB103 39527 KTG 69733 b SB3777 - 88 - LRB103 39527 KTG 69733 b
3122	3122	SB3777 - 88 - LRB103 39527 KTG 69733 b
3123	3123	1 systems of tiered supports with training to respond to
3124	3124	2 more significant social and emotional challenges or where
3125	3125	3 experiences of trauma may be more prevalent.
3126	3126	4 (3) Early care and education programs and providers,
3127	3127	5 across a range of settings, have an important role to play
3128	3128	6 in supporting young children and families, especially
3129	3129	7 those who face greater challenges, such as trauma
3130	3130	8 exposure, social isolation, pervasive poverty, and toxic
3131	3131	9 stress. If programs, teaching staff, caregivers, and
3132	3132	10 providers are not provided with the support, services, and
3133	3133	11 training needed to accomplish these goals, it can lead to
3134	3134	12 children and families being asked to leave programs,
3135	3135	13 particularly without connection to more appropriate
3136	3136	14 services, thereby creating a disruption in learning and
3137	3137	15 social-emotional development. Investments in reflective
3138	3138	16 supervision, professional development specific to
3139	3139	17 diversity, equity, and inclusion practice, culturally
3140	3140	18 responsive training, implicit bias training, and how
3141	3141	19 trauma experienced during the early years can manifest in
3142	3142	20 challenging behaviors will create systems for serving
3143	3143	21 children that are informed in developmentally appropriate
3144	3144	22 and responsive supports.
3145	3145	23 (4) Studies have shown that the expulsion of infants,
3146	3146	24 toddlers, and young children in early care and education
3147	3147	25 settings is occurring at alarmingly high rates, more than
3148	3148	26 3 times that of students in K-12; further, expulsion
3149	3149
3150	3150
3151	3151
3152	3152
3153	3153
3154	3154	SB3777 - 88 - LRB103 39527 KTG 69733 b
3155	3155
3156	3156
3157	3157	SB3777- 89 -LRB103 39527 KTG 69733 b SB3777 - 89 - LRB103 39527 KTG 69733 b
3158	3158	SB3777 - 89 - LRB103 39527 KTG 69733 b
3159	3159	1 occurs more frequently for Black children and Latinx
3160	3160	2 children and more frequently for boys than for girls, with
3161	3161	3 Black boys being most frequently expelled; there is
3162	3162	4 evidence to show that the expulsion of Black girls is
3163	3163	5 occurring with increasing frequency.
3164	3164	6 (5) Illinois took its first steps toward addressing
3165	3165	7 this disparity through Public Act 100-105 to prohibit
3166	3166	8 expulsion due to child behavior in early care and
3167	3167	9 education settings, but further work is needed to
3168	3168	10 implement this law, including strengthening provider
3169	3169	11 understanding of a successful transition and beginning to
3170	3170	12 identify strategies to reduce "soft expulsions" and to
3171	3171	13 ensure more young children and their teachers, providers,
3172	3172	14 and caregivers, in a range of early care and education
3173	3173	15 settings, can benefit from services, such as Infant/Early
3174	3174	16 Childhood Mental Health Consultations (I/ECMHC) and
3175	3175	17 positive behavior interventions and supports such as the
3176	3176	18 Pyramid Model.
3177	3177	19 (6) I/ECMHC is a critical component needed to align
3178	3178	20 social-emotional well-being with the public health model
3179	3179	21 of promotion, prevention, and intervention across early
3180	3180	22 care and education systems.
3181	3181	23 (b) The General Assembly encourages that all of the
3182	3182	24 following actions be taken by:
3183	3183	25 (1) the State to increase the availability of
3184	3184	26 Infant/Early Childhood Mental Health Consultations
3185	3185
3186	3186
3187	3187
3188	3188
3189	3189
3190	3190	SB3777 - 89 - LRB103 39527 KTG 69733 b
3191	3191
3192	3192
3193	3193	SB3777- 90 -LRB103 39527 KTG 69733 b SB3777 - 90 - LRB103 39527 KTG 69733 b
3194	3194	SB3777 - 90 - LRB103 39527 KTG 69733 b
3195	3195	1 (I/ECMHC) through increased funding in early childhood
3196	3196	2 programs and sustainable funding for coordination of
3197	3197	3 I/ECMHC and other social and emotional support at the
3198	3198	4 State level;
3199	3199	5 (2) the Department of Early Childhood, the Department
3200	3200	6 of Human Services, the Illinois State Board of Education,
3201	3201	7 and other relevant agencies to develop and promote
3202	3202	8 provider-accessible and parent-accessible materials,
3203	3203	9 including native language, on the role and value of
3204	3204	10 I/ECMHC, including targeted promotion in underserved
3205	3205	11 communities, and promote the use of existing I/ECMHCs, the
3206	3206	12 I/ECMHC consultant database, or other existing services;
3207	3207	13 (3) the State to increase funding to promote and
3208	3208	14 provide training and implementation support for systems of
3209	3209	15 tiered support, such as the Pyramid Model, across early
3210	3210	16 childhood settings and urge the Department of Early
3211	3211	17 Childhood, the Department of Human Services, the Illinois
3212	3212	18 State Board of Education, and other relevant State
3213	3213	19 agencies to coordinate efforts and develop strategies to
3214	3214	20 provide outreach to and support providers in underserved
3215	3215	21 communities and communities with fewer programmatic
3216	3216	22 resources; and
3217	3217	23 (4) State agencies to provide the data required by
3218	3218	24 Public Act 100-105, even if the data is incomplete at the
3219	3219	25 time due to data system challenges.
3220	3220
3221	3221
3222	3222
3223	3223
3224	3224
3225	3225	SB3777 - 90 - LRB103 39527 KTG 69733 b
3226	3226
3227	3227
3228	3228	SB3777- 91 -LRB103 39527 KTG 69733 b SB3777 - 91 - LRB103 39527 KTG 69733 b
3229	3229	SB3777 - 91 - LRB103 39527 KTG 69733 b
3230	3230	1 ARTICLE 20. POWERS AND DUTIES RELATING TO CHILD CARE AND DAY
3231	3231	2 CARE LICENSING
3232	3232	3 Section 20-5. Transition. Beginning July 1, 2024, the
3233	3233	4 Department of Early Childhood and the Department of Human
3234	3234	5 Services shall collaborate and plan for the transition of
3235	3235	6 child care services for children established in Section 5.15
3236	3236	7 of the Children and Family Services Act.
3237	3237	8 Section 20-10. Child care.
3238	3238	9 (a) The General Assembly recognizes that families with
3239	3239	10 children need child care in order to work. Child care is
3240	3240	11 expensive and families with limited access to economic
3241	3241	12 resources, including those who are transitioning from welfare
3242	3242	13 to work, often struggle to pay the costs of day care. The
3243	3243	14 General Assembly understands the importance of helping working
3244	3244	15 families with limited access to economic resources become and
3245	3245	16 remain self-sufficient. The General Assembly also believes
3246	3246	17 that it is the responsibility of families to share in the costs
3247	3247	18 of child care. It is also the preference of the General
3248	3248	19 Assembly that all working families with limited access to
3249	3249	20 economic resources should be treated equally, regardless of
3250	3250	21 their welfare status.
3251	3251	22 (b) On and after July 1, 2026, to the extent resources
3252	3252	23 permit, the Illinois Department of Early Childhood shall
3253	3253	24 provide child care services to parents or other relatives as
3254	3254
3255	3255
3256	3256
3257	3257
3258	3258
3259	3259	SB3777 - 91 - LRB103 39527 KTG 69733 b
3260	3260
3261	3261
3262	3262	SB3777- 92 -LRB103 39527 KTG 69733 b SB3777 - 92 - LRB103 39527 KTG 69733 b
3263	3263	SB3777 - 92 - LRB103 39527 KTG 69733 b
3264	3264	1 defined by rule who are working or participating in employment
3265	3265	2 or Department approved education or training programs as
3266	3266	3 prescribed in Section 9A-11 of the Illinois Public Aid Code.
3267	3267	4 (c) Smart Start Child Care Program. Through June 30, 2026,
3268	3268	5 subject to appropriation, the Department of Human Services
3269	3269	6 shall establish and administer the Smart Start Child Care
3270	3270	7 Program. On and after July 1, 2026, the Department of Early
3271	3271	8 Childhood shall administer the Smart Start Child Care Program.
3272	3272	9 The Smart Start Child Care Program shall focus on creating
3273	3273	10 affordable child care, as well as increasing access to child
3274	3274	11 care, for Illinois residents and may include, but is not
3275	3275	12 limited to, providing funding to increase preschool
3276	3276	13 availability, providing funding for childcare workforce
3277	3277	14 compensation or capital investments, and expanding funding for
3278	3278	15 Early Childhood Access Consortium for Equity Scholarships. The
3279	3279	16 Department with authority to administer the Smart Start Child
3280	3280	17 Care Program shall establish program eligibility criteria,
3281	3281	18 participation conditions, payment levels, and other program
3282	3282	19 requirements by rule. The Department with authority to
3283	3283	20 administer the Smart Start Child Care Program may consult with
3284	3284	21 the Capital Development Board, the Department of Commerce and
3285	3285	22 Economic Opportunity, the State Board of Education, and the
3286	3286	23 Illinois Housing Development Authority, and other state
3287	3287	24 agencies as determined by the Department in the management and
3288	3288	25 disbursement of funds for capital-related projects. The
3289	3289	26 Capital Development Board, the Department of Commerce and
3290	3290
3291	3291
3292	3292
3293	3293
3294	3294
3295	3295	SB3777 - 92 - LRB103 39527 KTG 69733 b
3296	3296
3297	3297
3298	3298	SB3777- 93 -LRB103 39527 KTG 69733 b SB3777 - 93 - LRB103 39527 KTG 69733 b
3299	3299	SB3777 - 93 - LRB103 39527 KTG 69733 b
3300	3300	1 Economic Opportunity, the State Board of Education, and the
3301	3301	2 Illinois Housing Development Authority, and other state
3302	3302	3 agencies as determined by the Department shall act in a
3303	3303	4 consulting role only for the evaluation of applicants, scoring
3304	3304	5 of applicants, or administration of the grant program.
3305	3305	6 Section 20-15. Day care services.
3306	3306	7 (a) For the purpose of ensuring effective statewide
3307	3307	8 planning, development, and utilization of resources for the
3308	3308	9 day care of children, operated under various auspices, the
3309	3309	10 Department of Early Childhood is designated on and after July
3310	3310	11 1, 2026 to coordinate all day care activities for children of
3311	3311	12 the State and shall develop or continue, and shall update
3312	3312	13 every year, a State comprehensive day care plan for submission
3313	3313	14 to the Governor that identifies high-priority areas and
3314	3314	15 groups, relating them to available resources and identifying
3315	3315	16 the most effective approaches to the use of existing day care
3316	3316	17 services. The State comprehensive day care plan shall be made
3317	3317	18 available to the General Assembly following the Governor's
3318	3318	19 approval of the plan.
3319	3319	20 The plan shall include methods and procedures for the
3320	3320	21 development of additional day care resources for children to
3321	3321	22 meet the goal of reducing short-run and long-run dependency
3322	3322	23 and to provide necessary enrichment and stimulation to the
3323	3323	24 education of young children. Recommendations shall be made for
3324	3324	25 State policy on optimum use of private and public, local,
3325	3325
3326	3326
3327	3327
3328	3328
3329	3329
3330	3330	SB3777 - 93 - LRB103 39527 KTG 69733 b
3331	3331
3332	3332
3333	3333	SB3777- 94 -LRB103 39527 KTG 69733 b SB3777 - 94 - LRB103 39527 KTG 69733 b
3334	3334	SB3777 - 94 - LRB103 39527 KTG 69733 b
3335	3335	1 State and federal resources, including an estimate of the
3336	3336	2 resources needed for the licensing and regulation of day care
3337	3337	3 facilities.
3338	3338	4 A written report shall be submitted to the Governor and
3339	3339	5 the General Assembly annually on April 15. The report shall
3340	3340	6 include an evaluation of developments over the preceding
3341	3341	7 fiscal year, including cost-benefit analyses of various
3342	3342	8 arrangements. Beginning with the report in 1990 submitted by
3343	3343	9 the Department's predecessor agency and every 2 years
3344	3344	10 thereafter, the report shall also include the following:
3345	3345	11 (1) An assessment of the child care services, needs
3346	3346	12 and available resources throughout the State and an
3347	3347	13 assessment of the adequacy of existing child care
3348	3348	14 services, including, but not limited to, services assisted
3349	3349	15 under this Act and under any other program administered by
3350	3350	16 other State agencies.
3351	3351	17 (2) A survey of day care facilities to determine the
3352	3352	18 number of qualified caregivers, as defined by rule,
3353	3353	19 attracted to vacant positions and any problems encountered
3354	3354	20 by facilities in attracting and retaining capable
3355	3355	21 caregivers. The report shall include an assessment, based
3356	3356	22 on the survey, of improvements in employee benefits that
3357	3357	23 may attract capable caregivers.
3358	3358	24 (3) The average wages and salaries and fringe benefit
3359	3359	25 packages paid to caregivers throughout the State, computed
3360	3360	26 on a regional basis, compared to similarly qualified
3361	3361
3362	3362
3363	3363
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3371	3371	1 employees in other but related fields.
3372	3372	2 (4) The qualifications of new caregivers hired at
3373	3373	3 licensed day care facilities during the previous 2-year
3374	3374	4 period.
3375	3375	5 (5) Recommendations for increasing caregiver wages and
3376	3376	6 salaries to ensure quality care for children.
3377	3377	7 (6) Evaluation of the fee structure and income
3378	3378	8 eligibility for child care subsidized by the State.
3379	3379	9 (b) The Department of Early Childhood shall establish
3380	3380	10 policies and procedures for developing and implementing
3381	3381	11 interagency agreements with other agencies of the State
3382	3382	12 providing child care services or reimbursement for such
3383	3383	13 services. The plans shall be annually reviewed and modified
3384	3384	14 for the purpose of addressing issues of applicability and
3385	3385	15 service system barriers.
3386	3386	16 (c) In cooperation with other State agencies, the
3387	3387	17 Department of Early Childhood shall develop and implement, or
3388	3388	18 shall continue, a resource and referral system for the State
3389	3389	19 of Illinois either within the Department or by contract with
3390	3390	20 local or regional agencies. Funding for implementation of this
3391	3391	21 system may be provided through Department appropriations or
3392	3392	22 other interagency funding arrangements. The resource and
3393	3393	23 referral system shall provide at least the following services:
3394	3394	24 (1) Assembling and maintaining a database on the
3395	3395	25 supply of child care services.
3396	3396	26 (2) Providing information and referrals for parents.
3397	3397
3398	3398
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3407	3407	1 (3) Coordinating the development of new child care
3408	3408	2 resources.
3409	3409	3 (4) Providing technical assistance and training to
3410	3410	4 child care service providers.
3411	3411	5 (5) Recording and analyzing the demand for child care
3412	3412	6 services.
3413	3413	7 (d) The Department of Early Childhood shall conduct day
3414	3414	8 care planning activities with the following priorities:
3415	3415	9 (1) Development of voluntary day care resources
3416	3416	10 wherever possible, with the provision for grants-in-aid
3417	3417	11 only where demonstrated to be useful and necessary as
3418	3418	12 incentives or supports. The Department shall design a plan
3419	3419	13 to create more child care slots as well as goals and
3420	3420	14 timetables to improve quality and accessibility of child
3421	3421	15 care.
3422	3422	16 (2) Emphasis on service to children of recipients of
3423	3423	17 public assistance when such service will allow training or
3424	3424	18 employment of the parent toward achieving the goal of
3425	3425	19 independence.
3426	3426	20 (3) Care of children from families in stress and
3427	3427	21 crises whose members potentially may become, or are in
3428	3428	22 danger of becoming, non-productive and dependent.
3429	3429	23 (4) Expansion of family day care facilities wherever
3430	3430	24 possible.
3431	3431	25 (5) Location of centers in economically depressed
3432	3432	26 neighborhoods, preferably in multi-service centers with
3433	3433
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3435	3435
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3439	3439
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3443	3443	1 cooperation of other agencies. The Department shall
3444	3444	2 coordinate the provision of grants, but only to the extent
3445	3445	3 funds are specifically appropriated for this purpose, to
3446	3446	4 encourage the creation and expansion of child care centers
3447	3447	5 in high need communities to be issued by the State,
3448	3448	6 business, and local governments.
3449	3449	7 (6) Use of existing facilities free of charge or for
3450	3450	8 reasonable rental whenever possible in lieu of
3451	3451	9 construction.
3452	3452	10 (7) Development of strategies for assuring a more
3453	3453	11 complete range of day care options, including provision of
3454	3454	12 day care services in homes, in schools, or in centers,
3455	3455	13 which will enable parents to complete a course of
3456	3456	14 education or obtain or maintain employment and the
3457	3457	15 creation of more child care options for swing shift,
3458	3458	16 evening, and weekend workers and for working women with
3459	3459	17 sick children. The Department shall encourage companies to
3460	3460	18 provide child care in their own offices or in the building
3461	3461	19 in which the corporation is located so that employees of
3462	3462	20 all the building's tenants can benefit from the facility.
3463	3463	21 (8) Development of strategies for subsidizing students
3464	3464	22 pursuing degrees in the child care field.
3465	3465	23 (9) Continuation and expansion of service programs
3466	3466	24 that assist teen parents to continue and complete their
3467	3467	25 education.
3468	3468	26 Emphasis shall be given to support services that will help
3469	3469
3470	3470
3471	3471
3472	3472
3473	3473
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3475	3475
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3479	3479	1 to ensure such parents' graduation from high school and to
3480	3480	2 services for participants in any programs of job training
3481	3481	3 conducted by the Department.
3482	3482	4 (e) The Department of Early Childhood shall actively
3483	3483	5 stimulate the development of public and private resources at
3484	3484	6 the local level. It shall also seek the fullest utilization of
3485	3485	7 federal funds directly or indirectly available to the
3486	3486	8 Department. Where appropriate, existing non-governmental
3487	3487	9 agencies or associations shall be involved in planning by the
3488	3488	10 Department.
3489	3489	11 Section 20-20. Day care facilities for the children of
3490	3490	12 migrant workers. On and after July 1, 2026, the Department of
3491	3491	13 Early Childhood shall operate day care facilities for the
3492	3492	14 children of migrant workers in areas of the State where they
3493	3493	15 are needed. The Department of Early Childhood may provide
3494	3494	16 these day care services by contracting with private centers if
3495	3495	17 practicable. "Migrant worker" means any person who moves
3496	3496	18 seasonally from one place to another, within or without the
3497	3497	19 State, for the purpose of employment in agricultural
3498	3498	20 activities.
3499	3499	21 Section 20-25. Licensing day care facilities.
3500	3500	22 (a) Beginning July 1, 2024, the Department of Early
3501	3501	23 Childhood and the Department of Children and Family Services
3502	3502	24 shall collaborate and plan for the transition of
3503	3503
3504	3504
3505	3505
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3513	3513	1 administrative responsibilities related to licensing day care
3514	3514	2 centers, day care homes, and group day care homes as
3515	3515	3 prescribed throughout the Child Care Act of 1969.
3516	3516	4 (b) Beginning July 1, 2026, the Department of Early
3517	3517	5 Childhood shall manage all facets of licensing for day care
3518	3518	6 centers, day care homes, and group day care homes as
3519	3519	7 prescribed throughout the Child Care Act of 1969.
3520	3520	8 Section 20-30. Off-Hours Child Care Program.
3521	3521	9 (a) Legislative intent. The General Assembly finds that:
3522	3522	10 (1) Finding child care can be a challenge for
3523	3523	11 firefighters, paramedics, police officers, nurses, and
3524	3524	12 other third shift workers across the State who often work
3525	3525	13 non-typical work hours. This can impact home life, school,
3526	3526	14 bedtime routines, job safety, and the mental health of
3527	3527	15 some of our most critical front line workers and their
3528	3528	16 families.
3529	3529	17 (2) There is a need for increased options for
3530	3530	18 off-hours child care in the State.
3531	3531	19 (3) Illinois has a vested interest in ensuring that
3532	3532	20 our first responders and working families can provide
3533	3533	21 their children with appropriate care during off hours to
3534	3534	22 improve the morale of existing first responders and to
3535	3535	23 improve recruitment into the future.
3536	3536	24 (b) As used in this Section, "first responders" means
3537	3537	25 emergency medical services personnel as defined in the
3538	3538
3539	3539
3540	3540
3541	3541
3542	3542
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3544	3544
3545	3545
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3547	3547	SB3777 - 100 - LRB103 39527 KTG 69733 b
3548	3548	1 Emergency Medical Services (EMS) Systems Act, firefighters,
3549	3549	2 law enforcement officers, and, as determined by the Department
3550	3550	3 of Early Childhood on and after July 1, 2026, any other workers
3551	3551	4 who, on account of their work schedule, need child care
3552	3552	5 outside of the hours when licensed child care facilities
3553	3553	6 typically operate.
3554	3554	7 (c) Beginning July 1, 2026, the Department of Early
3555	3555	8 Childhood shall administer the Off-Hours Child Care Program to
3556	3556	9 help first responders and other workers identify and access
3557	3557	10 off-hours, night, or sleep time child care, subject to
3558	3558	11 appropriation. Services funded under the program must address
3559	3559	12 the child care needs of first responders. Funding provided
3560	3560	13 under the program may also be used to cover any capital and
3561	3561	14 operating expenses related to the provision of off-hours,
3562	3562	15 night, or sleep time child care for first responders. Funding
3563	3563	16 awarded under this Section shall be funded through
3564	3564	17 appropriations from the Off-Hours Child Care Program Fund
3565	3565	18 created under Public Act 102-912. The Department of Early
3566	3566	19 Childhood may adopt any rules necessary to implement the
3567	3567	20 program.
3568	3568	21 Section 20-35. Great START program.
3569	3569	22 (a) Through June 30, 2026, the Department of Human
3570	3570	23 Services shall, subject to a specific appropriation for this
3571	3571	24 purpose, operate a Great START (Strategy To Attract and Retain
3572	3572	25 Teachers) program. The goal of the program is to improve
3573	3573
3574	3574
3575	3575
3576	3576
3577	3577
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3579	3579
3580	3580
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3583	3583	1 children's developmental and educational outcomes in child
3584	3584	2 care by encouraging increased professional preparation by
3585	3585	3 staff and staff retention. The Great START program shall
3586	3586	4 coordinate with the TEACH professional development program.
3587	3587	5 The program shall provide wage supplements and may include
3588	3588	6 other incentives to licensed child care center personnel,
3589	3589	7 including early childhood teachers, school-age workers, early
3590	3590	8 childhood assistants, school-age assistants, and directors, as
3591	3591	9 such positions are defined by administrative rule of the
3592	3592	10 Department of Children and Family Services. The program shall
3593	3593	11 provide wage supplements and may include other incentives to
3594	3594	12 licensed family day care home personnel and licensed group day
3595	3595	13 care home personnel, including caregivers and assistants as
3596	3596	14 such positions are defined by administrative rule of the
3597	3597	15 Department of Children and Family Services. Individuals will
3598	3598	16 receive supplements commensurate with their qualifications.
3599	3599	17 (b) On and after July 1, 2026, the Department of Early
3600	3600	18 Childhood shall, subject to a specific appropriation for this
3601	3601	19 purpose, operate a Great START program. The goal of the
3602	3602	20 program is to improve children's developmental and educational
3603	3603	21 outcomes in child care by encouraging increased professional
3604	3604	22 preparation by staff and staff retention. The Great START
3605	3605	23 program shall coordinate with the TEACH professional
3606	3606	24 development program.
3607	3607	25 The program shall provide wage supplements and may include
3608	3608	26 other incentives to licensed child care center personnel,
3609	3609
3610	3610
3611	3611
3612	3612
3613	3613
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3615	3615
3616	3616
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3619	3619	1 including early childhood teachers, school-age workers, early
3620	3620	2 childhood assistants, school-age assistants, and directors, as
3621	3621	3 such positions are defined by administrative rule by the
3622	3622	4 Department pursuant to subsections (a) and this subsection.
3623	3623	5 (c) The Department, pursuant to subsections (a) and (b),
3624	3624	6 shall, by rule, define the scope and operation of the program,
3625	3625	7 including a wage supplement scale. The scale shall pay
3626	3626	8 increasing amounts for higher levels of educational attainment
3627	3627	9 beyond minimum qualifications and shall recognize longevity of
3628	3628	10 employment. Subject to the availability of sufficient
3629	3629	11 appropriation, the wage supplements shall be paid to child
3630	3630	12 care personnel in the form of bonuses at 6-month intervals.
3631	3631	13 Six months of continuous service with a single employer is
3632	3632	14 required to be eligible to receive a wage supplement bonus.
3633	3633	15 Wage supplements shall be paid directly to individual day care
3634	3634	16 personnel, not to their employers. Eligible individuals must
3635	3635	17 provide to the Department or its agent all information and
3636	3636	18 documentation, including but not limited to college
3637	3637	19 transcripts, to demonstrate their qualifications for a
3638	3638	20 particular wage supplement level.
3639	3639	21 If appropriations permit, the Department may include
3640	3640	22 one-time signing bonuses or other incentives to help providers
3641	3641	23 attract staff, provided that the signing bonuses are less than
3642	3642	24 the supplement staff would have received if they had remained
3643	3643	25 employed with another day care center or family day care home.
3644	3644	26 If appropriations permit, the Department may include
3645	3645
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3651	3651
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3655	3655	1 one-time longevity bonuses or other incentives to recognize
3656	3656	2 staff who have remained with a single employer.
3657	3657	3 Section 20-40. Programs to train low-income older persons
3658	3658	4 to be child care workers. On and after July 1, 2026, the
3659	3659	5 Department of Early Childhood may, in conjunction with
3660	3660	6 colleges or universities in this State, establish programs to
3661	3661	7 train low-income older persons to be child care workers. The
3662	3662	8 Department shall prescribe, by rule:
3663	3663	9 (a) age and income qualifications for persons to be
3664	3664	10 trained under such programs; and
3665	3665	11 (b) standards for such programs to ensure that such
3666	3666	12 programs train participants to be skilled workers for the
3667	3667	13 child care industry.
3668	3668	14 Section 20-45. Home child care demonstration project;
3669	3669	15 conversion and renovation grants; Department of Early
3670	3670	16 Childhood.
3671	3671	17 (a) The General Assembly finds that the demand for quality
3672	3672	18 child care far outweighs the number of safe, quality spaces
3673	3673	19 for our children. The purpose of this Section is to increase
3674	3674	20 the number of child care providers by:
3675	3675	21 (1) developing a demonstration project to train
3676	3676	22 individuals to become home child care providers who are
3677	3677	23 able to establish and operate their own child care
3678	3678	24 facility; and
3679	3679
3680	3680
3681	3681
3682	3682
3683	3683
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3685	3685
3686	3686
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3689	3689	1 (2) providing grants to convert and renovate existing
3690	3690	2 facilities.
3691	3691	3 (b) On and after July 1, 2026, the Department of Early
3692	3692	4 Childhood may from appropriations from the Child Care
3693	3693	5 Development Block Grant establish a demonstration project to
3694	3694	6 train individuals to become home child care providers who are
3695	3695	7 able to establish and operate their own home-based child care
3696	3696	8 facilities. On and after July 1, 2026, the Department of Early
3697	3697	9 Childhood is authorized to use funds for this purpose from the
3698	3698	10 child care and development funds deposited into the DHS
3699	3699	11 Special Purposes Trust Fund as described in Section 12-10 of
3700	3700	12 the Illinois Public Aid Code or deposited into the Employment
3701	3701	13 and Training Fund as described in Section 12-10.3 of the
3702	3702	14 Illinois Public Aid Code. As an economic development program,
3703	3703	15 the project's focus is to foster individual self-sufficiency
3704	3704	16 through an entrepreneurial approach by the creation of new
3705	3705	17 jobs and opening of new small home-based child care
3706	3706	18 businesses. The demonstration project shall involve
3707	3707	19 coordination among State and county governments and the
3708	3708	20 private sector, including but not limited to: the community
3709	3709	21 college system, the Departments of Labor and Commerce and
3710	3710	22 Economic Opportunity, the State Board of Education, large and
3711	3711	23 small private businesses, non-profit programs, unions, and
3712	3712	24 child care providers in the State.
3713	3713	25 (c) On and after July 1, 2026, the Department of Early
3714	3714	26 Childhood may from appropriations from the Child Care
3715	3715
3716	3716
3717	3717
3718	3718
3719	3719
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3721	3721
3722	3722
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3725	3725	1 Development Block Grant provide grants to family child care
3726	3726	2 providers and center based programs to convert and renovate
3727	3727	3 existing facilities, to the extent permitted by federal law,
3728	3728	4 so additional family child care homes and child care centers
3729	3729	5 can be located in such facilities.
3730	3730	6 (1) Applications for grants shall be made to the
3731	3731	7 Department and shall contain information as the Department
3732	3732	8 shall require by rule. Every applicant shall provide
3733	3733	9 assurance to the Department that:
3734	3734	10 (A) the facility to be renovated or improved shall
3735	3735	11 be used as family child care home or child care center
3736	3736	12 for a continuous period of at least 5 years;
3737	3737	13 (B) any family child care home or child care
3738	3738	14 center program located in a renovated or improved
3739	3739	15 facility shall be licensed by the Department;
3740	3740	16 (C) the program shall comply with applicable
3741	3741	17 federal and State laws prohibiting discrimination
3742	3742	18 against any person on the basis of race, color,
3743	3743	19 national origin, religion, creed, or sex;
3744	3744	20 (D) the grant shall not be used for purposes of
3745	3745	21 entertainment or perquisites;
3746	3746	22 (E) the applicant shall comply with any other
3747	3747	23 requirement the Department may prescribe to ensure
3748	3748	24 adherence to applicable federal, State, and county
3749	3749	25 laws;
3750	3750	26 (F) all renovations and improvements undertaken
3751	3751
3752	3752
3753	3753
3754	3754
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3757	3757
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3761	3761	1 with funds received under this Section shall comply
3762	3762	2 with all applicable State and county statutes and
3763	3763	3 ordinances including applicable building codes and
3764	3764	4 structural requirements of the Department; and
3765	3765	5 (G) the applicant shall indemnify and save
3766	3766	6 harmless the State and its officers, agents, and
3767	3767	7 employees from and against any and all claims arising
3768	3768	8 out of or resulting from the renovation and
3769	3769	9 improvements made with funds provided by this Section,
3770	3770	10 and, upon request of the Department, the applicant
3771	3771	11 shall procure sufficient insurance to provide that
3772	3772	12 indemnification.
3773	3773	13 (2) To receive a grant under this Section to convert
3774	3774	14 an existing facility into a family child care home or
3775	3775	15 child care center facility, the applicant shall:
3776	3776	16 (A) agree to make available to the Department all
3777	3777	17 records it may have relating to the operation of any
3778	3778	18 family child care home and child care center facility,
3779	3779	19 and to allow State agencies to monitor its compliance
3780	3780	20 with the purpose of this Section;
3781	3781	21 (B) agree that, if the facility is to be altered or
3782	3782	22 improved, or is to be used by other groups, moneys
3783	3783	23 appropriated by this Section shall be used for
3784	3784	24 renovating or improving the facility only to the
3785	3785	25 proportionate extent that the floor space will be used
3786	3786	26 by the child care program; and
3787	3787
3788	3788
3789	3789
3790	3790
3791	3791
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3793	3793
3794	3794
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3797	3797	1 (C) establish, to the satisfaction of the
3798	3798	2 Department, that sufficient funds are available for
3799	3799	3 the effective use of the facility for the purpose for
3800	3800	4 which it is being renovated or improved.
3801	3801	5 (3) In selecting applicants for funding, the
3802	3802	6 Department shall make every effort to ensure that family
3803	3803	7 child care home or child care center facilities are
3804	3804	8 equitably distributed throughout the State according to
3805	3805	9 demographic need. The Department shall give priority
3806	3806	10 consideration to rural/Downstate areas of the State that
3807	3807	11 are currently experiencing a shortage of child care
3808	3808	12 services.
3809	3809	13 (4) In considering applications for grants to renovate
3810	3810	14 or improve an existing facility used for the operations of
3811	3811	15 a family child care home or child care center, the
3812	3812	16 Department shall give preference to applications to
3813	3813	17 renovate facilities most in need of repair to address
3814	3814	18 safety and habitability concerns. No grant shall be
3815	3815	19 disbursed unless an agreement is entered into between the
3816	3816	20 applicant and the State, by and through the Department.
3817	3817	21 The agreement shall include the assurances and conditions
3818	3818	22 required by this Section and any other terms which the
3819	3819	23 Department may require.
3820	3820	24 ARTICLE 80. TRANSITION PROVISIONS
3821	3821
3822	3822
3823	3823
3824	3824
3825	3825
3826	3826	SB3777 - 107 - LRB103 39527 KTG 69733 b
3827	3827
3828	3828
3829	3829	SB3777- 108 -LRB103 39527 KTG 69733 b SB3777 - 108 - LRB103 39527 KTG 69733 b
3830	3830	SB3777 - 108 - LRB103 39527 KTG 69733 b
3831	3831	1 Section 80-5. Transfer of functions. On and after July 1,
3832	3832	2 2026:
3833	3833	3 (a) The powers, duties, rights, and responsibilities
3834	3834	4 vested in the transferring agencies relating to early care and
3835	3835	5 education programs and services to children and families
3836	3836	6 transferred by this Act shall be vested in and shall be
3837	3837	7 exercised by the Department of Early Childhood.
3838	3838	8 (b) The personnel who are engaged in the performance of
3839	3839	9 functions transferred to the Department or who are engaged in
3840	3840	10 the administration of a law the administration of which is
3841	3841	11 transferred to the Department shall be employed by the
3842	3842	12 Department of Early Childhood and not the agency from which
3843	3843	13 the duties performed are transferred.
3844	3844	14 (c) All books, records, papers, documents, property (real
3845	3845	15 and personal), contracts, causes of action, and pending
3846	3846	16 business pertaining to the powers, duties, rights, and
3847	3847	17 responsibilities relating to functions transferred under this
3848	3848	18 Act to the Department of Early Childhood, including, but not
3849	3849	19 limited to, material in electronic or magnetic format and
3850	3850	20 necessary computer hardware and software, shall be transferred
3851	3851	21 to the Department.
3852	3852	22 (d) Whenever reports or notices are now required to be
3853	3853	23 made or given or papers or documents furnished or served by any
3854	3854	24 person in connection with any of the powers, duties, rights,
3855	3855	25 and responsibilities relating to functions transferred by this
3856	3856	26 Act, the same shall be made, given, furnished, or served in the
3857	3857
3858	3858
3859	3859
3860	3860
3861	3861
3862	3862	SB3777 - 108 - LRB103 39527 KTG 69733 b
3863	3863
3864	3864
3865	3865	SB3777- 109 -LRB103 39527 KTG 69733 b SB3777 - 109 - LRB103 39527 KTG 69733 b
3866	3866	SB3777 - 109 - LRB103 39527 KTG 69733 b
3867	3867	1 same manner to or upon the Department.
3868	3868	2 (e) This Act does not affect any act done, ratified, or
3869	3869	3 canceled or any right occurring or established or any action
3870	3870	4 or proceeding had or commenced in an administrative, civil, or
3871	3871	5 criminal cause by each transferring agency relating to
3872	3872	6 functions transferred by this Act before the transfer of
3873	3873	7 responsibilities; such actions or proceedings may be
3874	3874	8 prosecuted and continued by the Department.
3875	3875	9 Section 80-10. Rules and standards.
3876	3876	10 (a) The rules and standards of the Department's
3877	3877	11 predecessor agencies that are in effect on June 30, 2026 and
3878	3878	12 pertain to the rights, powers, duties, and functions
3879	3879	13 transferred to the Department under this Act shall become the
3880	3880	14 rules and standards of the Department of Early Childhood on
3881	3881	15 July 1, 2026 and shall continue in effect until amended or
3882	3882	16 repealed by the Department.
3883	3883	17 (b) Any rules pertaining to the rights, powers, duties,
3884	3884	18 and functions transferred to the Department under this Act
3885	3885	19 that have been proposed by a predecessor agency but have not
3886	3886	20 taken effect or been finally adopted by June 30, 2026 shall
3887	3887	21 become proposed rules of the Department of Early Childhood on
3888	3888	22 July 1, 2026, and any rulemaking procedures that have already
3889	3889	23 been completed by the predecessor agency for those proposed
3890	3890	24 rules need not be repeated.
3891	3891	25 (c) As soon as practical after July 1, 2026, the
3892	3892
3893	3893
3894	3894
3895	3895
3896	3896
3897	3897	SB3777 - 109 - LRB103 39527 KTG 69733 b
3898	3898
3899	3899
3900	3900	SB3777- 110 -LRB103 39527 KTG 69733 b SB3777 - 110 - LRB103 39527 KTG 69733 b
3901	3901	SB3777 - 110 - LRB103 39527 KTG 69733 b
3902	3902	1 Department of Early Childhood shall revise and clarify the
3903	3903	2 rules transferred to it under this Act to reflect the
3904	3904	3 reorganization of rights, powers, duties, and functions
3905	3905	4 effected by this Act using the procedures for recodification
3906	3906	5 of rules available under the Illinois Administrative Procedure
3907	3907	6 Act, except that existing Title, Part, and Section numbering
3908	3908	7 for the affected rules may be retained. The Department may
3909	3909	8 propose and adopt under the Illinois Administrative Procedure
3910	3910	9 Act such other rules as may be necessary to consolidate and
3911	3911	10 clarify the rules of the agencies reorganized by this Act.
3912	3912	11 Section 80-15. Savings provisions.
3913	3913	12 (a) The rights, powers, duties, and functions transferred
3914	3914	13 to the Department of Early Childhood by this Act shall be
3915	3915	14 vested in and exercised by the Department subject to the
3916	3916	15 provisions of this Act. An act done by the Department or an
3917	3917	16 officer, employee, or agent of the Department in the exercise
3918	3918	17 of the transferred rights, powers, duties, or functions shall
3919	3919	18 have the same legal effect as if done by the predecessor agency
3920	3920	19 or an officer, employee, or agent of the predecessor agency.
3921	3921	20 (b) The transfer of rights, powers, duties, and functions
3922	3922	21 to the Department of Early Childhood under this Act does not
3923	3923	22 invalidate any previous action taken by or in respect to any of
3924	3924	23 its predecessor agencies or their officers, employees, or
3925	3925	24 agents. References to those predecessor agencies or their
3926	3926	25 officers, employees or agents in any document, contract,
3927	3927
3928	3928
3929	3929
3930	3930
3931	3931
3932	3932	SB3777 - 110 - LRB103 39527 KTG 69733 b
3933	3933
3934	3934
3935	3935	SB3777- 111 -LRB103 39527 KTG 69733 b SB3777 - 111 - LRB103 39527 KTG 69733 b
3936	3936	SB3777 - 111 - LRB103 39527 KTG 69733 b
3937	3937	1 agreement, or law shall, in appropriate contexts, be deemed to
3938	3938	2 refer to the Department or its officers, employees, or agents.
3939	3939	3 (c) The transfer of rights, powers, duties, and functions
3940	3940	4 to the Department of Early Childhood under this Act does not
3941	3941	5 affect any person's rights, obligations, or duties, including
3942	3942	6 any civil or criminal penalties applicable thereto, arising
3943	3943	7 out of those transferred rights, powers, duties, and
3944	3944	8 functions.
3945	3945	9 (d) With respect to matters that pertain to a right,
3946	3946	10 power, duty, or function transferred to the Department of
3947	3947	11 Early Childhood under this Act:
3948	3948	12 (1) Beginning July 1, 2026, a report or notice that
3949	3949	13 was previously required to be made or given by any person
3950	3950	14 to a predecessor agency or any of its officers, employees,
3951	3951	15 or agents shall be made or given in the same manner to the
3952	3952	16 Department or its appropriate officer, employee, or agent.
3953	3953	17 (2) Beginning July 1, 2026, a document that was
3954	3954	18 previously required to be furnished or served by any
3955	3955	19 person to or upon a predecessor agency or any of its
3956	3956	20 officers, employees, or agents shall be furnished or
3957	3957	21 served in the same manner to or upon the Department or its
3958	3958	22 appropriate officer, employee, or agent.
3959	3959	23 (e) This Act does not affect any act done, ratified, or
3960	3960	24 canceled, any right occurring or established, or any action or
3961	3961	25 proceeding had or commenced in an administrative, civil, or
3962	3962	26 criminal cause before July 1, 2026. Any such action or
3963	3963
3964	3964
3965	3965
3966	3966
3967	3967
3968	3968	SB3777 - 111 - LRB103 39527 KTG 69733 b
3969	3969
3970	3970
3971	3971	SB3777- 112 -LRB103 39527 KTG 69733 b SB3777 - 112 - LRB103 39527 KTG 69733 b
3972	3972	SB3777 - 112 - LRB103 39527 KTG 69733 b
3973	3973	1 proceeding that pertains to a right, power, duty, or function
3974	3974	2 transferred to the Department of Early Childhood under this
3975	3975	3 Act and that is pending on that date may be prosecuted,
3976	3976	4 defended, or continued by the Department of Early Childhood.
3977	3977	5 ARTICLE 90. AMENDATORY PROVISIONS
3978	3978	6 Section 90-5. The Civil Administrative Code of Illinois is
3979	3979	7 amended by changing Sections 5-10, 5-15, and 5-20 and by
3980	3980	8 adding Sections 5-126 and 5-336 as follows:
3981	3981	9 (20 ILCS 5/5-10) (was 20 ILCS 5/2.1)
3982	3982	10 Sec. 5-10. "Director". As used in the Civil Administrative
3983	3983	11 Code of Illinois, unless the context clearly indicates
3984	3984	12 otherwise, the word "director" means the several directors of
3985	3985	13 the departments of State government as designated in Section
3986	3986	14 5-20 of this Law and includes the Secretary of Early
3987	3987	15 Childhood, the Secretary of Financial and Professional
3988	3988	16 Regulation, the Secretary of Innovation and Technology, the
3989	3989	17 Secretary of Human Services, and the Secretary of
3990	3990	18 Transportation.
3991	3991	19 (Source: P.A. 100-611, eff. 7-20-18.)
3992	3992	20 (20 ILCS 5/5-15) (was 20 ILCS 5/3)
3993	3993	21 Sec. 5-15. Departments of State government. The
3994	3994	22 Departments of State government are created as follows:
3995	3995
3996	3996
3997	3997
3998	3998
3999	3999
4000	4000	SB3777 - 112 - LRB103 39527 KTG 69733 b
4001	4001
4002	4002
4003	4003	SB3777- 113 -LRB103 39527 KTG 69733 b SB3777 - 113 - LRB103 39527 KTG 69733 b
4004	4004	SB3777 - 113 - LRB103 39527 KTG 69733 b
4005	4005	1 The Department on Aging.
4006	4006	2 The Department of Agriculture.
4007	4007	3 The Department of Central Management Services.
4008	4008	4 The Department of Children and Family Services.
4009	4009	5 The Department of Commerce and Economic Opportunity.
4010	4010	6 The Department of Corrections.
4011	4011	7 The Department of Early Childhood.
4012	4012	8 The Department of Employment Security.
4013	4013	9 The Illinois Emergency Management Agency.
4014	4014	10 The Department of Financial and Professional Regulation.
4015	4015	11 The Department of Healthcare and Family Services.
4016	4016	12 The Department of Human Rights.
4017	4017	13 The Department of Human Services.
4018	4018	14 The Department of Innovation and Technology.
4019	4019	15 The Department of Insurance.
4020	4020	16 The Department of Juvenile Justice.
4021	4021	17 The Department of Labor.
4022	4022	18 The Department of the Lottery.
4023	4023	19 The Department of Natural Resources.
4024	4024	20 The Department of Public Health.
4025	4025	21 The Department of Revenue.
4026	4026	22 The Illinois State Police.
4027	4027	23 The Department of Transportation.
4028	4028	24 The Department of Veterans' Affairs.
4029	4029	25 (Source: P.A. 102-538, eff. 8-20-21.)
4030	4030
4031	4031
4032	4032
4033	4033
4034	4034
4035	4035	SB3777 - 113 - LRB103 39527 KTG 69733 b
4036	4036
4037	4037
4038	4038	SB3777- 114 -LRB103 39527 KTG 69733 b SB3777 - 114 - LRB103 39527 KTG 69733 b
4039	4039	SB3777 - 114 - LRB103 39527 KTG 69733 b
4040	4040	1 (20 ILCS 5/5-20) (was 20 ILCS 5/4)
4041	4041	2 Sec. 5-20. Heads of departments. Each department shall
4042	4042	3 have an officer as its head who shall be known as director or
4043	4043	4 secretary and who shall, subject to the provisions of the
4044	4044	5 Civil Administrative Code of Illinois, execute the powers and
4045	4045	6 discharge the duties vested by law in his or her respective
4046	4046	7 department.
4047	4047	8 The following officers are hereby created:
4048	4048	9 Director of Aging, for the Department on Aging.
4049	4049	10 Director of Agriculture, for the Department of
4050	4050	11 Agriculture.
4051	4051	12 Director of Central Management Services, for the
4052	4052	13 Department of Central Management Services.
4053	4053	14 Director of Children and Family Services, for the
4054	4054	15 Department of Children and Family Services.
4055	4055	16 Director of Commerce and Economic Opportunity, for the
4056	4056	17 Department of Commerce and Economic Opportunity.
4057	4057	18 Director of Corrections, for the Department of
4058	4058	19 Corrections.
4059	4059	20 Director of the Illinois Emergency Management Agency, for
4060	4060	21 the Illinois Emergency Management Agency.
4061	4061	22 Secretary of Early Childhood, for the Department of Early
4062	4062	23 Childhood.
4063	4063	24 Director of Employment Security, for the Department of
4064	4064	25 Employment Security.
4065	4065	26 Secretary of Financial and Professional Regulation, for
4066	4066
4067	4067
4068	4068
4069	4069
4070	4070
4071	4071	SB3777 - 114 - LRB103 39527 KTG 69733 b
4072	4072
4073	4073
4074	4074	SB3777- 115 -LRB103 39527 KTG 69733 b SB3777 - 115 - LRB103 39527 KTG 69733 b
4075	4075	SB3777 - 115 - LRB103 39527 KTG 69733 b
4076	4076	1 the Department of Financial and Professional Regulation.
4077	4077	2 Director of Healthcare and Family Services, for the
4078	4078	3 Department of Healthcare and Family Services.
4079	4079	4 Director of Human Rights, for the Department of Human
4080	4080	5 Rights.
4081	4081	6 Secretary of Human Services, for the Department of Human
4082	4082	7 Services.
4083	4083	8 Secretary of Innovation and Technology, for the Department
4084	4084	9 of Innovation and Technology.
4085	4085	10 Director of Insurance, for the Department of Insurance.
4086	4086	11 Director of Juvenile Justice, for the Department of
4087	4087	12 Juvenile Justice.
4088	4088	13 Director of Labor, for the Department of Labor.
4089	4089	14 Director of the Lottery, for the Department of the
4090	4090	15 Lottery.
4091	4091	16 Director of Natural Resources, for the Department of
4092	4092	17 Natural Resources.
4093	4093	18 Director of Public Health, for the Department of Public
4094	4094	19 Health.
4095	4095	20 Director of Revenue, for the Department of Revenue.
4096	4096	21 Director of the Illinois State Police, for the Illinois
4097	4097	22 State Police.
4098	4098	23 Secretary of Transportation, for the Department of
4099	4099	24 Transportation.
4100	4100	25 Director of Veterans' Affairs, for the Department of
4101	4101	26 Veterans' Affairs.
4102	4102
4103	4103
4104	4104
4105	4105
4106	4106
4107	4107	SB3777 - 115 - LRB103 39527 KTG 69733 b
4108	4108
4109	4109
4110	4110	SB3777- 116 -LRB103 39527 KTG 69733 b SB3777 - 116 - LRB103 39527 KTG 69733 b
4111	4111	SB3777 - 116 - LRB103 39527 KTG 69733 b
4112	4112	1 (Source: P.A. 102-538, eff. 8-20-21.)
4113	4113	2 (20 ILCS 5/5-126 new)
4114	4114	3 Sec. 5-126. In the Department of Early Childhood.
4115	4115	4 Secretary and Assistant Secretaries of Early Childhood.
4116	4116	5 (20 ILCS 5/5-336 new)
4117	4117	6 Sec. 5-336. In the Department of Early Childhood. For
4118	4118	7 terms beginning on or after July 1, 2024, the Secretary shall
4119	4119	8 receive an annual salary of $200,000 or as set by the Governor,
4120	4120	9 whichever is higher. On July 1, 2025, and on each July 1
4121	4121	10 thereafter, the Secretary shall receive an increase in salary
4122	4122	11 based on the cost of living adjustment as authorized by Senate
4123	4123	12 Joint Resolution 192 of the 86th General Assembly.
4124	4124	13 Section 90-10. The Children and Family Services Act is
4125	4125	14 amended by changing Sections 5.15, 5.20, 22.1, 34.9, and 34.10
4126	4126	15 as follows:
4127	4127	16 (20 ILCS 505/5.15)
4128	4128	17 Sec. 5.15. Daycare; Department of Human Services.
4129	4129	18 (a) For the purpose of ensuring effective statewide
4130	4130	19 planning, development, and utilization of resources for the
4131	4131	20 day care of children, operated under various auspices, the
4132	4132	21 Department of Human Services is designated to coordinate all
4133	4133	22 day care activities for children of the State and shall
4134	4134
4135	4135
4136	4136
4137	4137
4138	4138
4139	4139	SB3777 - 116 - LRB103 39527 KTG 69733 b
4140	4140
4141	4141
4142	4142	SB3777- 117 -LRB103 39527 KTG 69733 b SB3777 - 117 - LRB103 39527 KTG 69733 b
4143	4143	SB3777 - 117 - LRB103 39527 KTG 69733 b
4144	4144	1 develop or continue, and shall update every year, a State
4145	4145	2 comprehensive day-care plan for submission to the Governor
4146	4146	3 that identifies high-priority areas and groups, relating them
4147	4147	4 to available resources and identifying the most effective
4148	4148	5 approaches to the use of existing day care services. The State
4149	4149	6 comprehensive day-care plan shall be made available to the
4150	4150	7 General Assembly following the Governor's approval of the
4151	4151	8 plan.
4152	4152	9 The plan shall include methods and procedures for the
4153	4153	10 development of additional day care resources for children to
4154	4154	11 meet the goal of reducing short-run and long-run dependency
4155	4155	12 and to provide necessary enrichment and stimulation to the
4156	4156	13 education of young children. Recommendations shall be made for
4157	4157	14 State policy on optimum use of private and public, local,
4158	4158	15 State and federal resources, including an estimate of the
4159	4159	16 resources needed for the licensing and regulation of day care
4160	4160	17 facilities.
4161	4161	18 A written report shall be submitted to the Governor and
4162	4162	19 the General Assembly annually on April 15. The report shall
4163	4163	20 include an evaluation of developments over the preceding
4164	4164	21 fiscal year, including cost-benefit analyses of various
4165	4165	22 arrangements. Beginning with the report in 1990 submitted by
4166	4166	23 the Department's predecessor agency and every 2 years
4167	4167	24 thereafter, the report shall also include the following:
4168	4168	25 (1) An assessment of the child care services, needs
4169	4169	26 and available resources throughout the State and an
4170	4170
4171	4171
4172	4172
4173	4173
4174	4174
4175	4175	SB3777 - 117 - LRB103 39527 KTG 69733 b
4176	4176
4177	4177
4178	4178	SB3777- 118 -LRB103 39527 KTG 69733 b SB3777 - 118 - LRB103 39527 KTG 69733 b
4179	4179	SB3777 - 118 - LRB103 39527 KTG 69733 b
4180	4180	1 assessment of the adequacy of existing child care
4181	4181	2 services, including, but not limited to, services assisted
4182	4182	3 under this Act and under any other program administered by
4183	4183	4 other State agencies.
4184	4184	5 (2) A survey of day care facilities to determine the
4185	4185	6 number of qualified caregivers, as defined by rule,
4186	4186	7 attracted to vacant positions and any problems encountered
4187	4187	8 by facilities in attracting and retaining capable
4188	4188	9 caregivers. The report shall include an assessment, based
4189	4189	10 on the survey, of improvements in employee benefits that
4190	4190	11 may attract capable caregivers.
4191	4191	12 (3) The average wages and salaries and fringe benefit
4192	4192	13 packages paid to caregivers throughout the State, computed
4193	4193	14 on a regional basis, compared to similarly qualified
4194	4194	15 employees in other but related fields.
4195	4195	16 (4) The qualifications of new caregivers hired at
4196	4196	17 licensed day care facilities during the previous 2-year
4197	4197	18 period.
4198	4198	19 (5) Recommendations for increasing caregiver wages and
4199	4199	20 salaries to ensure quality care for children.
4200	4200	21 (6) Evaluation of the fee structure and income
4201	4201	22 eligibility for child care subsidized by the State.
4202	4202	23 The requirement for reporting to the General Assembly
4203	4203	24 shall be satisfied by filing copies of the report as required
4204	4204	25 by Section 3.1 of the General Assembly Organization Act, and
4205	4205	26 filing such additional copies with the State Government Report
4206	4206
4207	4207
4208	4208
4209	4209
4210	4210
4211	4211	SB3777 - 118 - LRB103 39527 KTG 69733 b
4212	4212
4213	4213
4214	4214	SB3777- 119 -LRB103 39527 KTG 69733 b SB3777 - 119 - LRB103 39527 KTG 69733 b
4215	4215	SB3777 - 119 - LRB103 39527 KTG 69733 b
4216	4216	1 Distribution Center for the General Assembly as is required
4217	4217	2 under paragraph (t) of Section 7 of the State Library Act.
4218	4218	3 (b) The Department of Human Services shall establish
4219	4219	4 policies and procedures for developing and implementing
4220	4220	5 interagency agreements with other agencies of the State
4221	4221	6 providing child care services or reimbursement for such
4222	4222	7 services. The plans shall be annually reviewed and modified
4223	4223	8 for the purpose of addressing issues of applicability and
4224	4224	9 service system barriers.
4225	4225	10 (c) In cooperation with other State agencies, the
4226	4226	11 Department of Human Services shall develop and implement, or
4227	4227	12 shall continue, a resource and referral system for the State
4228	4228	13 of Illinois either within the Department or by contract with
4229	4229	14 local or regional agencies. Funding for implementation of this
4230	4230	15 system may be provided through Department appropriations or
4231	4231	16 other inter-agency funding arrangements. The resource and
4232	4232	17 referral system shall provide at least the following services:
4233	4233	18 (1) Assembling and maintaining a data base on the
4234	4234	19 supply of child care services.
4235	4235	20 (2) Providing information and referrals for parents.
4236	4236	21 (3) Coordinating the development of new child care
4237	4237	22 resources.
4238	4238	23 (4) Providing technical assistance and training to
4239	4239	24 child care service providers.
4240	4240	25 (5) Recording and analyzing the demand for child care
4241	4241	26 services.
4242	4242
4243	4243
4244	4244
4245	4245
4246	4246
4247	4247	SB3777 - 119 - LRB103 39527 KTG 69733 b
4248	4248
4249	4249
4250	4250	SB3777- 120 -LRB103 39527 KTG 69733 b SB3777 - 120 - LRB103 39527 KTG 69733 b
4251	4251	SB3777 - 120 - LRB103 39527 KTG 69733 b
4252	4252	1 (d) The Department of Human Services shall conduct day
4253	4253	2 care planning activities with the following priorities:
4254	4254	3 (1) Development of voluntary day care resources
4255	4255	4 wherever possible, with the provision for grants-in-aid
4256	4256	5 only where demonstrated to be useful and necessary as
4257	4257	6 incentives or supports. By January 1, 2002, the Department
4258	4258	7 shall design a plan to create more child care slots as well
4259	4259	8 as goals and timetables to improve quality and
4260	4260	9 accessibility of child care.
4261	4261	10 (2) Emphasis on service to children of recipients of
4262	4262	11 public assistance when such service will allow training or
4263	4263	12 employment of the parent toward achieving the goal of
4264	4264	13 independence.
4265	4265	14 (3) (Blank).
4266	4266	15 (4) Care of children from families in stress and
4267	4267	16 crises whose members potentially may become, or are in
4268	4268	17 danger of becoming, non-productive and dependent.
4269	4269	18 (5) Expansion of family day care facilities wherever
4270	4270	19 possible.
4271	4271	20 (6) Location of centers in economically depressed
4272	4272	21 neighborhoods, preferably in multi-service centers with
4273	4273	22 cooperation of other agencies. The Department shall
4274	4274	23 coordinate the provision of grants, but only to the extent
4275	4275	24 funds are specifically appropriated for this purpose, to
4276	4276	25 encourage the creation and expansion of child care centers
4277	4277	26 in high need communities to be issued by the State,
4278	4278
4279	4279
4280	4280
4281	4281
4282	4282
4283	4283	SB3777 - 120 - LRB103 39527 KTG 69733 b
4284	4284
4285	4285
4286	4286	SB3777- 121 -LRB103 39527 KTG 69733 b SB3777 - 121 - LRB103 39527 KTG 69733 b
4287	4287	SB3777 - 121 - LRB103 39527 KTG 69733 b
4288	4288	1 business, and local governments.
4289	4289	2 (7) Use of existing facilities free of charge or for
4290	4290	3 reasonable rental whenever possible in lieu of
4291	4291	4 construction.
4292	4292	5 (8) Development of strategies for assuring a more
4293	4293	6 complete range of day care options, including provision of
4294	4294	7 day care services in homes, in schools, or in centers,
4295	4295	8 which will enable a parent or parents to complete a course
4296	4296	9 of education or obtain or maintain employment and the
4297	4297	10 creation of more child care options for swing shift,
4298	4298	11 evening, and weekend workers and for working women with
4299	4299	12 sick children. The Department shall encourage companies to
4300	4300	13 provide child care in their own offices or in the building
4301	4301	14 in which the corporation is located so that employees of
4302	4302	15 all the building's tenants can benefit from the facility.
4303	4303	16 (9) Development of strategies for subsidizing students
4304	4304	17 pursuing degrees in the child care field.
4305	4305	18 (10) Continuation and expansion of service programs
4306	4306	19 that assist teen parents to continue and complete their
4307	4307	20 education.
4308	4308	21 Emphasis shall be given to support services that will help
4309	4309	22 to ensure such parents' graduation from high school and to
4310	4310	23 services for participants in any programs of job training
4311	4311	24 conducted by the Department.
4312	4312	25 (e) The Department of Human Services shall actively
4313	4313	26 stimulate the development of public and private resources at
4314	4314
4315	4315
4316	4316
4317	4317
4318	4318
4319	4319	SB3777 - 121 - LRB103 39527 KTG 69733 b
4320	4320
4321	4321
4322	4322	SB3777- 122 -LRB103 39527 KTG 69733 b SB3777 - 122 - LRB103 39527 KTG 69733 b
4323	4323	SB3777 - 122 - LRB103 39527 KTG 69733 b
4324	4324	1 the local level. It shall also seek the fullest utilization of
4325	4325	2 federal funds directly or indirectly available to the
4326	4326	3 Department.
4327	4327	4 Where appropriate, existing non-governmental agencies or
4328	4328	5 associations shall be involved in planning by the Department.
4329	4329	6 (f) To better accommodate the child care needs of low
4330	4330	7 income working families, especially those who receive
4331	4331	8 Temporary Assistance for Needy Families (TANF) or who are
4332	4332	9 transitioning from TANF to work, or who are at risk of
4333	4333	10 depending on TANF in the absence of child care, the Department
4334	4334	11 shall complete a study using outcome-based assessment
4335	4335	12 measurements to analyze the various types of child care needs,
4336	4336	13 including but not limited to: child care homes; child care
4337	4337	14 facilities; before and after school care; and evening and
4338	4338	15 weekend care. Based upon the findings of the study, the
4339	4339	16 Department shall develop a plan by April 15, 1998, that
4340	4340	17 identifies the various types of child care needs within
4341	4341	18 various geographic locations. The plan shall include, but not
4342	4342	19 be limited to, the special needs of parents and guardians in
4343	4343	20 need of non-traditional child care services such as early
4344	4344	21 mornings, evenings, and weekends; the needs of very low income
4345	4345	22 families and children and how they might be better served; and
4346	4346	23 strategies to assist child care providers to meet the needs
4347	4347	24 and schedules of low income families.
4348	4348	25 (g) This Section is repealed on July 1, 2026.
4349	4349	26 (Source: P.A. 100-1148, eff. 12-10-18.)
4350	4350
4351	4351
4352	4352
4353	4353
4354	4354
4355	4355	SB3777 - 122 - LRB103 39527 KTG 69733 b
4356	4356
4357	4357
4358	4358	SB3777- 123 -LRB103 39527 KTG 69733 b SB3777 - 123 - LRB103 39527 KTG 69733 b
4359	4359	SB3777 - 123 - LRB103 39527 KTG 69733 b
4360	4360	1 (20 ILCS 505/5.20)
4361	4361	2 Sec. 5.20. Child care for former public aid recipients;
4362	4362	3 Department of Human Services. The Department of Human Services
4363	4363	4 may provide child care services to former recipients of
4364	4364	5 assistance under the Illinois Public Aid Code as authorized by
4365	4365	6 Section 9-6.3 of that Code. This Section is repealed on July 1,
4366	4366	7 2026.
4367	4367	8 (Source: P.A. 89-507, eff. 7-1-97.)
4368	4368	9 (20 ILCS 505/22.1) (from Ch. 23, par. 5022.1)
4369	4369	10 Sec. 22.1. Grants-in-aid for child care services;
4370	4370	11 Department of Human Services.
4371	4371	12 (a) Blank.
4372	4372	13 (b) Blank.
4373	4373	14 (c) The Department of Human Services shall establish and
4374	4374	15 operate day care facilities for the children of migrant
4375	4375	16 workers in areas of the State where they are needed. The
4376	4376	17 Department may provide these day care services by contracting
4377	4377	18 with private centers if practicable. "Migrant worker" means
4378	4378	19 any person who moves seasonally from one place to another,
4379	4379	20 within or without the State, for the purpose of employment in
4380	4380	21 agricultural activities. This Section is repealed on July 1,
4381	4381	22 2026.
4382	4382	23 (Source: P.A. 97-516, eff. 8-23-11.)
4383	4383
4384	4384
4385	4385
4386	4386
4387	4387
4388	4388	SB3777 - 123 - LRB103 39527 KTG 69733 b
4389	4389
4390	4390
4391	4391	SB3777- 124 -LRB103 39527 KTG 69733 b SB3777 - 124 - LRB103 39527 KTG 69733 b
4392	4392	SB3777 - 124 - LRB103 39527 KTG 69733 b
4393	4393	1 (20 ILCS 505/34.9) (from Ch. 23, par. 5034.9)
4394	4394	2 Sec. 34.9. The Department may, in conjunction with
4395	4395	3 colleges or universities in this State, establish programs to
4396	4396	4 train low-income older persons to be child care workers. The
4397	4397	5 Department shall prescribe, by rule:
4398	4398	6 (a) age and income qualifications for persons to be
4399	4399	7 trained under such programs; and
4400	4400	8 (b) standards for such programs to ensure that such
4401	4401	9 programs train participants to be skilled workers for the
4402	4402	10 child care industry.
4403	4403	11 This Section is repealed on July 1, 2026.
4404	4404	12 (Source: P.A. 86-889.)
4405	4405	13 (20 ILCS 505/34.10) (from Ch. 23, par. 5034.10)
4406	4406	14 Sec. 34.10. Home child care demonstration project;
4407	4407	15 conversion and renovation grants; Department of Human
4408	4408	16 Services.
4409	4409	17 (a) The legislature finds that the demand for quality
4410	4410	18 child care far outweighs the number of safe, quality spaces
4411	4411	19 for our children. The purpose of this Section is to increase
4412	4412	20 the number of child care providers by:
4413	4413	21 (1) developing a demonstration project to train
4414	4414	22 individuals to become home child care providers who are
4415	4415	23 able to establish and operate their own child care
4416	4416	24 facility; and
4417	4417	25 (2) providing grants to convert and renovate existing
4418	4418
4419	4419
4420	4420
4421	4421
4422	4422
4423	4423	SB3777 - 124 - LRB103 39527 KTG 69733 b
4424	4424
4425	4425
4426	4426	SB3777- 125 -LRB103 39527 KTG 69733 b SB3777 - 125 - LRB103 39527 KTG 69733 b
4427	4427	SB3777 - 125 - LRB103 39527 KTG 69733 b
4428	4428	1 facilities.
4429	4429	2 (b) The Department of Human Services may from
4430	4430	3 appropriations from the Child Care Development Block Grant
4431	4431	4 establish a demonstration project to train individuals to
4432	4432	5 become home child care providers who are able to establish and
4433	4433	6 operate their own home-based child care facilities. The
4434	4434	7 Department of Human Services is authorized to use funds for
4435	4435	8 this purpose from the child care and development funds
4436	4436	9 deposited into the DHS Special Purposes Trust Fund as
4437	4437	10 described in Section 12-10 of the Illinois Public Aid Code or
4438	4438	11 deposited into the Employment and Training Fund as described
4439	4439	12 in Section 12-10.3 of the Illinois Public Aid Code. As an
4440	4440	13 economic development program, the project's focus is to foster
4441	4441	14 individual self-sufficiency through an entrepreneurial
4442	4442	15 approach by the creation of new jobs and opening of new small
4443	4443	16 home-based child care businesses. The demonstration project
4444	4444	17 shall involve coordination among State and county governments
4445	4445	18 and the private sector, including but not limited to: the
4446	4446	19 community college system, the Departments of Labor and
4447	4447	20 Commerce and Economic Opportunity, the State Board of
4448	4448	21 Education, large and small private businesses, nonprofit
4449	4449	22 programs, unions, and child care providers in the State.
4450	4450	23 The Department shall submit:
4451	4451	24 (1) a progress report on the demonstration project to
4452	4452	25 the legislature by one year after January 1, 1992 (the
4453	4453	26 effective date of Public Act 87-332); and
4454	4454
4455	4455
4456	4456
4457	4457
4458	4458
4459	4459	SB3777 - 125 - LRB103 39527 KTG 69733 b
4460	4460
4461	4461
4462	4462	SB3777- 126 -LRB103 39527 KTG 69733 b SB3777 - 126 - LRB103 39527 KTG 69733 b
4463	4463	SB3777 - 126 - LRB103 39527 KTG 69733 b
4464	4464	1 (2) a final evaluation report on the demonstration
4465	4465	2 project, including findings and recommendations, to the
4466	4466	3 legislature by one year after the due date of the progress
4467	4467	4 report.
4468	4468	5 (c) The Department of Human Services may from
4469	4469	6 appropriations from the Child Care Development Block Grant
4470	4470	7 provide grants to family child care providers and center based
4471	4471	8 programs to convert and renovate existing facilities, to the
4472	4472	9 extent permitted by federal law, so additional family child
4473	4473	10 care homes and child care centers can be located in such
4474	4474	11 facilities.
4475	4475	12 (1) Applications for grants shall be made to the
4476	4476	13 Department and shall contain information as the Department
4477	4477	14 shall require by rule. Every applicant shall provide
4478	4478	15 assurance to the Department that:
4479	4479	16 (A) the facility to be renovated or improved shall
4480	4480	17 be used as family child care home or child care center
4481	4481	18 for a continuous period of at least 5 years;
4482	4482	19 (B) any family child care home or child care
4483	4483	20 center program located in a renovated or improved
4484	4484	21 facility shall be licensed by the Department;
4485	4485	22 (C) the program shall comply with applicable
4486	4486	23 federal and State laws prohibiting discrimination
4487	4487	24 against any person on the basis of race, color,
4488	4488	25 national origin, religion, creed, or sex;
4489	4489	26 (D) the grant shall not be used for purposes of
4490	4490
4491	4491
4492	4492
4493	4493
4494	4494
4495	4495	SB3777 - 126 - LRB103 39527 KTG 69733 b
4496	4496
4497	4497
4498	4498	SB3777- 127 -LRB103 39527 KTG 69733 b SB3777 - 127 - LRB103 39527 KTG 69733 b
4499	4499	SB3777 - 127 - LRB103 39527 KTG 69733 b
4500	4500	1 entertainment or perquisites;
4501	4501	2 (E) the applicant shall comply with any other
4502	4502	3 requirement the Department may prescribe to ensure
4503	4503	4 adherence to applicable federal, State, and county
4504	4504	5 laws;
4505	4505	6 (F) all renovations and improvements undertaken
4506	4506	7 with funds received under this Section shall comply
4507	4507	8 with all applicable State and county statutes and
4508	4508	9 ordinances including applicable building codes and
4509	4509	10 structural requirements of the Department; and
4510	4510	11 (G) the applicant shall indemnify and save
4511	4511	12 harmless the State and its officers, agents, and
4512	4512	13 employees from and against any and all claims arising
4513	4513	14 out of or resulting from the renovation and
4514	4514	15 improvements made with funds provided by this Section,
4515	4515	16 and, upon request of the Department, the applicant
4516	4516	17 shall procure sufficient insurance to provide that
4517	4517	18 indemnification.
4518	4518	19 (2) To receive a grant under this Section to convert
4519	4519	20 an existing facility into a family child care home or
4520	4520	21 child care center facility, the applicant shall:
4521	4521	22 (A) agree to make available to the Department of
4522	4522	23 Human Services all records it may have relating to the
4523	4523	24 operation of any family child care home and child care
4524	4524	25 center facility, and to allow State agencies to
4525	4525	26 monitor its compliance with the purpose of this
4526	4526
4527	4527
4528	4528
4529	4529
4530	4530
4531	4531	SB3777 - 127 - LRB103 39527 KTG 69733 b
4532	4532
4533	4533
4534	4534	SB3777- 128 -LRB103 39527 KTG 69733 b SB3777 - 128 - LRB103 39527 KTG 69733 b
4535	4535	SB3777 - 128 - LRB103 39527 KTG 69733 b
4536	4536	1 Section;
4537	4537	2 (B) agree that, if the facility is to be altered or
4538	4538	3 improved, or is to be used by other groups, moneys
4539	4539	4 appropriated by this Section shall be used for
4540	4540	5 renovating or improving the facility only to the
4541	4541	6 proportionate extent that the floor space will be used
4542	4542	7 by the child care program; and
4543	4543	8 (C) establish, to the satisfaction of the
4544	4544	9 Department that sufficient funds are available for the
4545	4545	10 effective use of the facility for the purpose for
4546	4546	11 which it is being renovated or improved.
4547	4547	12 (3) In selecting applicants for funding, the
4548	4548	13 Department shall make every effort to ensure that family
4549	4549	14 child care home or child care center facilities are
4550	4550	15 equitably distributed throughout the State according to
4551	4551	16 demographic need. The Department shall give priority
4552	4552	17 consideration to rural/Downstate areas of the State that
4553	4553	18 are currently experiencing a shortage of child care
4554	4554	19 services.
4555	4555	20 (4) In considering applications for grants to renovate
4556	4556	21 or improve an existing facility used for the operations of
4557	4557	22 a family child care home or child care center, the
4558	4558	23 Department shall give preference to applications to
4559	4559	24 renovate facilities most in need of repair to address
4560	4560	25 safety and habitability concerns. No grant shall be
4561	4561	26 disbursed unless an agreement is entered into between the
4562	4562
4563	4563
4564	4564
4565	4565
4566	4566
4567	4567	SB3777 - 128 - LRB103 39527 KTG 69733 b
4568	4568
4569	4569
4570	4570	SB3777- 129 -LRB103 39527 KTG 69733 b SB3777 - 129 - LRB103 39527 KTG 69733 b
4571	4571	SB3777 - 129 - LRB103 39527 KTG 69733 b
4572	4572	1 applicant and the State, by and through the Department.
4573	4573	2 The agreement shall include the assurances and conditions
4574	4574	3 required by this Section and any other terms which the
4575	4575	4 Department may require.
4576	4576	5 (d) This Section is repealed on July 1, 2026.
4577	4577	6 (Source: P.A. 103-363, eff. 7-28-23.)
4578	4578	7 Section 90-15. The Department of Human Services Act is
4579	4579	8 amended by changing Sections 1-75, 10-16, and 10-22 as
4580	4580	9 follows:
4581	4581	10 (20 ILCS 1305/1-75)
4582	4582	11 Sec. 1-75. Off-Hours Child Care Program.
4583	4583	12 (a) Legislative intent. The General Assembly finds that:
4584	4584	13 (1) Finding child care can be a challenge for
4585	4585	14 firefighters, paramedics, police officers, nurses, and
4586	4586	15 other third shift workers across the State who often work
4587	4587	16 non-typical work hours. This can impact home life, school,
4588	4588	17 bedtime routines, job safety, and the mental health of
4589	4589	18 some of our most critical front line workers and their
4590	4590	19 families.
4591	4591	20 (2) There is a need for increased options for
4592	4592	21 off-hours child care in the State. A majority of the
4593	4593	22 State's child care facilities do not provide care outside
4594	4594	23 of normal work hours, with just 3,251 day care homes and
4595	4595	24 435 group day care homes that provide night care.
4596	4596
4597	4597
4598	4598
4599	4599
4600	4600
4601	4601	SB3777 - 129 - LRB103 39527 KTG 69733 b
4602	4602
4603	4603
4604	4604	SB3777- 130 -LRB103 39527 KTG 69733 b SB3777 - 130 - LRB103 39527 KTG 69733 b
4605	4605	SB3777 - 130 - LRB103 39527 KTG 69733 b
4606	4606	1 (3) Illinois has a vested interest in ensuring that
4607	4607	2 our first responders and working families can provide
4608	4608	3 their children with appropriate care during off hours to
4609	4609	4 improve the morale of existing first responders and to
4610	4610	5 improve recruitment into the future.
4611	4611	6 (b) As used in this Section, "first responders" means
4612	4612	7 emergency medical services personnel as defined in the
4613	4613	8 Emergency Medical Services (EMS) Systems Act, firefighters,
4614	4614	9 law enforcement officers, and, as determined by the
4615	4615	10 Department, any other workers who, on account of their work
4616	4616	11 schedule, need child care outside of the hours when licensed
4617	4617	12 child care facilities typically operate.
4618	4618	13 (c) Subject to appropriation, the Department of Human
4619	4619	14 Services shall establish and administer an Off-Hours Child
4620	4620	15 Care Program to help first responders and other workers
4621	4621	16 identify and access off-hours, night, or sleep time child
4622	4622	17 care. Services funded under the program must address the child
4623	4623	18 care needs of first responders. Funding provided under the
4624	4624	19 program may also be used to cover any capital and operating
4625	4625	20 expenses related to the provision of off-hours, night, or
4626	4626	21 sleep time child care for first responders. Funding awarded
4627	4627	22 under this Section shall be funded through appropriations from
4628	4628	23 the Off-Hours Child Care Program Fund created under subsection
4629	4629	24 (d). The Department shall implement the program by July 1,
4630	4630	25 2023. The Department may adopt any rules necessary to
4631	4631	26 implement the program.
4632	4632
4633	4633
4634	4634
4635	4635
4636	4636
4637	4637	SB3777 - 130 - LRB103 39527 KTG 69733 b
4638	4638
4639	4639
4640	4640	SB3777- 131 -LRB103 39527 KTG 69733 b SB3777 - 131 - LRB103 39527 KTG 69733 b
4641	4641	SB3777 - 131 - LRB103 39527 KTG 69733 b
4642	4642	1 (d) The Off-Hours Child Care Program Fund is created as a
4643	4643	2 special fund in the State treasury. The Fund shall consist of
4644	4644	3 any moneys appropriated to the Department of Human Services
4645	4645	4 for the Off-Hours Child Care Program. Moneys in the Fund shall
4646	4646	5 be expended for the Off-Hours Child Care Program and for no
4647	4647	6 other purpose. All interest earned on moneys in the Fund shall
4648	4648	7 be deposited into the Fund.
4649	4649	8 (e) This Section is repealed on July 1, 2026.
4650	4650	9 (Source: P.A. 102-912, eff. 5-27-22; 103-154, eff. 6-30-23.)
4651	4651	10 (20 ILCS 1305/10-16)
4652	4652	11 Sec. 10-16. Home visiting program.
4653	4653	12 (a) The General Assembly finds that research-informed home
4654	4654	13 visiting programs work to strengthen families' functioning and
4655	4655	14 support parents in caring for their children to ensure optimal
4656	4656	15 child development.
4657	4657	16 (b) The Department shall establish a home visiting program
4658	4658	17 to support communities in providing intensive home visiting
4659	4659	18 programs to pregnant persons and families with children from
4660	4660	19 birth up to elementary school enrollment. Services shall be
4661	4661	20 offered on a voluntary basis to families. In awarding grants
4662	4662	21 under the program, the Department shall prioritize populations
4663	4663	22 or communities in need of such services, as determined by the
4664	4664	23 Department, based on data including, but not limited to,
4665	4665	24 statewide home visiting needs assessments. Eligibility under
4666	4666	25 the program shall also take into consideration requirements of
4667	4667
4668	4668
4669	4669
4670	4670
4671	4671
4672	4672	SB3777 - 131 - LRB103 39527 KTG 69733 b
4673	4673
4674	4674
4675	4675	SB3777- 132 -LRB103 39527 KTG 69733 b SB3777 - 132 - LRB103 39527 KTG 69733 b
4676	4676	SB3777 - 132 - LRB103 39527 KTG 69733 b
4677	4677	1 the federal Maternal, Infant, and Early Childhood Home
4678	4678	2 Visiting Program and Head Start and Early Head Start to ensure
4679	4679	3 appropriate alignment. The overall goals for these services
4680	4680	4 are to:
4681	4681	5 (1) improve maternal and newborn health;
4682	4682	6 (2) prevent child abuse and neglect;
4683	4683	7 (3) promote children's development and readiness to
4684	4684	8 participate in school; and
4685	4685	9 (4) connect families to needed community resources and
4686	4686	10 supports.
4687	4687	11 (b) Allowable uses of funding include:
4688	4688	12 (1) Grants to community-based organizations to
4689	4689	13 implement home visiting and family support services with
4690	4690	14 fidelity to research-informed home visiting program
4691	4691	15 models, as defined by the Department. Services may
4692	4692	16 include, but are not limited to:
4693	4693	17 (A) personal visits with a child and the child's
4694	4694	18 parent or caregiver at a periodicity aligned with the
4695	4695	19 model being implemented;
4696	4696	20 (B) opportunities for connections with other
4697	4697	21 parents and caregivers in their community and other
4698	4698	22 social and community supports;
4699	4699	23 (C) enhancements to research-informed home
4700	4700	24 visiting program models based on community needs
4701	4701	25 including doula services, and other program
4702	4702	26 innovations as approved by the Department; and
4703	4703
4704	4704
4705	4705
4706	4706
4707	4707
4708	4708	SB3777 - 132 - LRB103 39527 KTG 69733 b
4709	4709
4710	4710
4711	4711	SB3777- 133 -LRB103 39527 KTG 69733 b SB3777 - 133 - LRB103 39527 KTG 69733 b
4712	4712	SB3777 - 133 - LRB103 39527 KTG 69733 b
4713	4713	1 (D) referrals to other resources needed by
4714	4714	2 families.
4715	4715	3 (2) Infrastructure supports for grantees, including,
4716	4716	4 but not limited to, professional development for the
4717	4717	5 workforce, technical assistance and capacity-building,
4718	4718	6 data system and supports, infant and early childhood
4719	4719	7 mental health consultation, trauma-informed practices,
4720	4720	8 research, universal newborn screening, and coordinated
4721	4721	9 intake.
4722	4722	10 (c) Subject to appropriation, the Department shall award
4723	4723	11 grants to community-based agencies in accordance with this
4724	4724	12 Section and any other rules that may be adopted by the
4725	4725	13 Department. Successful grantees under this program shall
4726	4726	14 comply with policies and procedures on program, data, and
4727	4727	15 expense reporting as developed by the Department.
4728	4728	16 (d) Funds received under this Section shall supplement,
4729	4729	17 not supplant, other existing or new federal, State, or local
4730	4730	18 sources of funding for these services. Any new federal funding
4731	4731	19 received shall supplement and not supplant funding for this
4732	4732	20 program.
4733	4733	21 (e) The Department shall collaborate with relevant
4734	4734	22 agencies to support the coordination and alignment of home
4735	4735	23 visiting services provided through other State and federal
4736	4736	24 funds, to the extent possible. The Department shall
4737	4737	25 collaborate with the State Board of Education, the Department
4738	4738	26 of Healthcare and Family Services, and Head Start and Early
4739	4739
4740	4740
4741	4741
4742	4742
4743	4743
4744	4744	SB3777 - 133 - LRB103 39527 KTG 69733 b
4745	4745
4746	4746
4747	4747	SB3777- 134 -LRB103 39527 KTG 69733 b SB3777 - 134 - LRB103 39527 KTG 69733 b
4748	4748	SB3777 - 134 - LRB103 39527 KTG 69733 b
4749	4749	1 Head Start in the implementation of these services to support
4750	4750	2 alignment with home visiting services provided through the
4751	4751	3 Early Childhood Block Grant and the State's Medical Assistance
4752	4752	4 Program, respectively, to the extent possible.
4753	4753	5 (f) An advisory committee shall advise the Department
4754	4754	6 concerning the implementation of the home visiting program.
4755	4755	7 The advisory committee shall make recommendations on policy
4756	4756	8 and implementation. The Department shall determine whether the
4757	4757	9 advisory committee shall be a newly created body or an
4758	4758	10 existing body such as a committee of the Illinois Early
4759	4759	11 Learning Council. The advisory committee shall consist of one
4760	4760	12 or more representatives of the Department, other members
4761	4761	13 representing public and private entities that serve and
4762	4762	14 interact with the families served under the home visiting
4763	4763	15 program, with the input of families engaged in home visiting
4764	4764	16 or related services themselves. Family input may be secured by
4765	4765	17 engaging families as members of this advisory committee or as
4766	4766	18 a separate committee of family representatives.
4767	4767	19 (g) The Department may adopt any rules necessary to
4768	4768	20 implement this Section.
4769	4769	21 (i) This Section is repealed on July 1, 2026.
4770	4770	22 (Source: P.A. 103-498, eff. 1-1-24.)
4771	4771	23 (20 ILCS 1305/10-22)
4772	4772	24 Sec. 10-22. Great START program.
4773	4773	25 (a) The Department of Human Services shall, subject to a
4774	4774
4775	4775
4776	4776
4777	4777
4778	4778
4779	4779	SB3777 - 134 - LRB103 39527 KTG 69733 b
4780	4780
4781	4781
4782	4782	SB3777- 135 -LRB103 39527 KTG 69733 b SB3777 - 135 - LRB103 39527 KTG 69733 b
4783	4783	SB3777 - 135 - LRB103 39527 KTG 69733 b
4784	4784	1 specific appropriation for this purpose, operate a Great START
4785	4785	2 (Strategy To Attract and Retain Teachers) program. The goal of
4786	4786	3 the program is to improve children's developmental and
4787	4787	4 educational outcomes in child care by encouraging increased
4788	4788	5 professional preparation by staff and staff retention. The
4789	4789	6 Great START program shall coordinate with the TEACH
4790	4790	7 professional development program.
4791	4791	8 The program shall provide wage supplements and may include
4792	4792	9 other incentives to licensed child care center personnel,
4793	4793	10 including early childhood teachers, school-age workers, early
4794	4794	11 childhood assistants, school-age assistants, and directors, as
4795	4795	12 such positions are defined by administrative rule of the
4796	4796	13 Department of Children and Family Services. The program shall
4797	4797	14 provide wage supplements and may include other incentives to
4798	4798	15 licensed family day care home personnel and licensed group day
4799	4799	16 care home personnel, including caregivers and assistants as
4800	4800	17 such positions are defined by administrative rule of the
4801	4801	18 Department of Children and Family Services. Individuals will
4802	4802	19 receive supplements commensurate with their qualifications.
4803	4803	20 (b) (Blank).
4804	4804	21 (c) The Department shall, by rule, define the scope and
4805	4805	22 operation of the program, including a wage supplement scale.
4806	4806	23 The scale shall pay increasing amounts for higher levels of
4807	4807	24 educational attainment beyond minimum qualifications and shall
4808	4808	25 recognize longevity of employment. Subject to the availability
4809	4809	26 of sufficient appropriation, the wage supplements shall be
4810	4810
4811	4811
4812	4812
4813	4813
4814	4814
4815	4815	SB3777 - 135 - LRB103 39527 KTG 69733 b
4816	4816
4817	4817
4818	4818	SB3777- 136 -LRB103 39527 KTG 69733 b SB3777 - 136 - LRB103 39527 KTG 69733 b
4819	4819	SB3777 - 136 - LRB103 39527 KTG 69733 b
4820	4820	1 paid to child care personnel in the form of bonuses at 6 month
4821	4821	2 intervals. Six months of continuous service with a single
4822	4822	3 employer is required to be eligible to receive a wage
4823	4823	4 supplement bonus. Wage supplements shall be paid directly to
4824	4824	5 individual day care personnel, not to their employers.
4825	4825	6 Eligible individuals must provide to the Department or its
4826	4826	7 agent all information and documentation, including but not
4827	4827	8 limited to college transcripts, to demonstrate their
4828	4828	9 qualifications for a particular wage supplement level.
4829	4829	10 If appropriations permit, the Department may include
4830	4830	11 one-time signing bonuses or other incentives to help providers
4831	4831	12 attract staff, provided that the signing bonuses are less than
4832	4832	13 the supplement staff would have received if they had remained
4833	4833	14 employed with another day care center or family day care home.
4834	4834	15 If appropriations permit, the Department may include
4835	4835	16 one-time longevity bonuses or other incentives to recognize
4836	4836	17 staff who have remained with a single employer.
4837	4837	18 (d) (Blank).
4838	4838	19 (e) This Section is repealed on July 1, 2026.
4839	4839	20 (Source: P.A. 93-711, eff. 7-12-04.)
4840	4840	21 Section 90-20. The Illinois Early Learning Council Act is
4841	4841	22 amended by changing Section 10 as follows:
4842	4842	23 (20 ILCS 3933/10)
4843	4843	24 Sec. 10. Membership. The Illinois Early Learning Council
4844	4844
4845	4845
4846	4846
4847	4847
4848	4848
4849	4849	SB3777 - 136 - LRB103 39527 KTG 69733 b
4850	4850
4851	4851
4852	4852	SB3777- 137 -LRB103 39527 KTG 69733 b SB3777 - 137 - LRB103 39527 KTG 69733 b
4853	4853	SB3777 - 137 - LRB103 39527 KTG 69733 b
4854	4854	1 shall include representation from both public and private
4855	4855	2 organizations, and its membership shall reflect regional,
4856	4856	3 racial, and cultural diversity to ensure representation of the
4857	4857	4 needs of all Illinois children. One member shall be appointed
4858	4858	5 by the President of the Senate, one member appointed by the
4859	4859	6 Minority Leader of the Senate, one member appointed by the
4860	4860	7 Speaker of the House of Representatives, one member appointed
4861	4861	8 by the Minority Leader of the House of Representatives, and
4862	4862	9 other members appointed by the Governor. The Governor's
4863	4863	10 appointments shall include without limitation the following:
4864	4864	11 (1) A leader of stature from the Governor's office, to
4865	4865	12 serve as co-chairperson of the Council.
4866	4866	13 (2) The chief administrators of the following State
4867	4867	14 agencies: Department of Early Childhood, State Board of
4868	4868	15 Education; Department of Human Services; Department of
4869	4869	16 Children and Family Services; Department of Public Health;
4870	4870	17 Department of Healthcare and Family Services; Board of
4871	4871	18 Higher Education; and Illinois Community College Board.
4872	4872	19 (3) Local government stakeholders and nongovernment
4873	4873	20 stakeholders with an interest in early childhood care and
4874	4874	21 education, including representation from the following
4875	4875	22 private-sector fields and constituencies: early childhood
4876	4876	23 education and development; child care; child advocacy;
4877	4877	24 parenting support; local community collaborations among
4878	4878	25 early care and education programs and services; maternal
4879	4879	26 and child health; children with special needs; business;
4880	4880
4881	4881
4882	4882
4883	4883
4884	4884
4885	4885	SB3777 - 137 - LRB103 39527 KTG 69733 b
4886	4886
4887	4887
4888	4888	SB3777- 138 -LRB103 39527 KTG 69733 b SB3777 - 138 - LRB103 39527 KTG 69733 b
4889	4889	SB3777 - 138 - LRB103 39527 KTG 69733 b
4890	4890	1 labor; and law enforcement. The Governor shall designate
4891	4891	2 one of the members who is a nongovernment stakeholder to
4892	4892	3 serve as co-chairperson.
4893	4893	4 In addition, the Governor shall request that the Region V
4894	4894	5 office of the U.S. Department of Health and Human Services'
4895	4895	6 Administration for Children and Families appoint a member to
4896	4896	7 the Council to represent federal children's programs and
4897	4897	8 services.
4898	4898	9 Members appointed by General Assembly members and members
4899	4899	10 appointed by the Governor who are local government or
4900	4900	11 nongovernment stakeholders shall serve 3-year terms, except
4901	4901	12 that of the initial appointments, half of these members, as
4902	4902	13 determined by lot, shall be appointed to 2-year terms so that
4903	4903	14 terms are staggered. Members shall serve on a voluntary,
4904	4904	15 unpaid basis.
4905	4905	16 (Source: P.A. 95-331, eff. 8-21-07.)
4906	4906	17 Section 90-25. The Illinois Procurement Code is amended by
4907	4907	18 changing Section 1-10 as follows:
4908	4908	19 (30 ILCS 500/1-10)
4909	4909	20 Sec. 1-10. Application.
4910	4910	21 (a) This Code applies only to procurements for which
4911	4911	22 bidders, offerors, potential contractors, or contractors were
4912	4912	23 first solicited on or after July 1, 1998. This Code shall not
4913	4913	24 be construed to affect or impair any contract, or any
4914	4914
4915	4915
4916	4916
4917	4917
4918	4918
4919	4919	SB3777 - 138 - LRB103 39527 KTG 69733 b
4920	4920
4921	4921
4922	4922	SB3777- 139 -LRB103 39527 KTG 69733 b SB3777 - 139 - LRB103 39527 KTG 69733 b
4923	4923	SB3777 - 139 - LRB103 39527 KTG 69733 b
4924	4924	1 provision of a contract, entered into based on a solicitation
4925	4925	2 prior to the implementation date of this Code as described in
4926	4926	3 Article 99, including, but not limited to, any covenant
4927	4927	4 entered into with respect to any revenue bonds or similar
4928	4928	5 instruments. All procurements for which contracts are
4929	4929	6 solicited between the effective date of Articles 50 and 99 and
4930	4930	7 July 1, 1998 shall be substantially in accordance with this
4931	4931	8 Code and its intent.
4932	4932	9 (b) This Code shall apply regardless of the source of the
4933	4933	10 funds with which the contracts are paid, including federal
4934	4934	11 assistance moneys. This Code shall not apply to:
4935	4935	12 (1) Contracts between the State and its political
4936	4936	13 subdivisions or other governments, or between State
4937	4937	14 governmental bodies, except as specifically provided in
4938	4938	15 this Code.
4939	4939	16 (2) Grants, except for the filing requirements of
4940	4940	17 Section 20-80.
4941	4941	18 (3) Purchase of care, except as provided in Section
4942	4942	19 5-30.6 of the Illinois Public Aid Code and this Section.
4943	4943	20 (4) Hiring of an individual as an employee and not as
4944	4944	21 an independent contractor, whether pursuant to an
4945	4945	22 employment code or policy or by contract directly with
4946	4946	23 that individual.
4947	4947	24 (5) Collective bargaining contracts.
4948	4948	25 (6) Purchase of real estate, except that notice of
4949	4949	26 this type of contract with a value of more than $25,000
4950	4950
4951	4951
4952	4952
4953	4953
4954	4954
4955	4955	SB3777 - 139 - LRB103 39527 KTG 69733 b
4956	4956
4957	4957
4958	4958	SB3777- 140 -LRB103 39527 KTG 69733 b SB3777 - 140 - LRB103 39527 KTG 69733 b
4959	4959	SB3777 - 140 - LRB103 39527 KTG 69733 b
4960	4960	1 must be published in the Procurement Bulletin within 10
4961	4961	2 calendar days after the deed is recorded in the county of
4962	4962	3 jurisdiction. The notice shall identify the real estate
4963	4963	4 purchased, the names of all parties to the contract, the
4964	4964	5 value of the contract, and the effective date of the
4965	4965	6 contract.
4966	4966	7 (7) Contracts necessary to prepare for anticipated
4967	4967	8 litigation, enforcement actions, or investigations,
4968	4968	9 provided that the chief legal counsel to the Governor
4969	4969	10 shall give his or her prior approval when the procuring
4970	4970	11 agency is one subject to the jurisdiction of the Governor,
4971	4971	12 and provided that the chief legal counsel of any other
4972	4972	13 procuring entity subject to this Code shall give his or
4973	4973	14 her prior approval when the procuring entity is not one
4974	4974	15 subject to the jurisdiction of the Governor.
4975	4975	16 (8) (Blank).
4976	4976	17 (9) Procurement expenditures by the Illinois
4977	4977	18 Conservation Foundation when only private funds are used.
4978	4978	19 (10) (Blank).
4979	4979	20 (11) Public-private agreements entered into according
4980	4980	21 to the procurement requirements of Section 20 of the
4981	4981	22 Public-Private Partnerships for Transportation Act and
4982	4982	23 design-build agreements entered into according to the
4983	4983	24 procurement requirements of Section 25 of the
4984	4984	25 Public-Private Partnerships for Transportation Act.
4985	4985	26 (12) (A) Contracts for legal, financial, and other
4986	4986
4987	4987
4988	4988
4989	4989
4990	4990
4991	4991	SB3777 - 140 - LRB103 39527 KTG 69733 b
4992	4992
4993	4993
4994	4994	SB3777- 141 -LRB103 39527 KTG 69733 b SB3777 - 141 - LRB103 39527 KTG 69733 b
4995	4995	SB3777 - 141 - LRB103 39527 KTG 69733 b
4996	4996	1 professional and artistic services entered into by the
4997	4997	2 Illinois Finance Authority in which the State of Illinois
4998	4998	3 is not obligated. Such contracts shall be awarded through
4999	4999	4 a competitive process authorized by the members of the
5000	5000	5 Illinois Finance Authority and are subject to Sections
5001	5001	6 5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,
5002	5002	7 as well as the final approval by the members of the
5003	5003	8 Illinois Finance Authority of the terms of the contract.
5004	5004	9 (B) Contracts for legal and financial services entered
5005	5005	10 into by the Illinois Housing Development Authority in
5006	5006	11 connection with the issuance of bonds in which the State
5007	5007	12 of Illinois is not obligated. Such contracts shall be
5008	5008	13 awarded through a competitive process authorized by the
5009	5009	14 members of the Illinois Housing Development Authority and
5010	5010	15 are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,
5011	5011	16 and 50-37 of this Code, as well as the final approval by
5012	5012	17 the members of the Illinois Housing Development Authority
5013	5013	18 of the terms of the contract.
5014	5014	19 (13) Contracts for services, commodities, and
5015	5015	20 equipment to support the delivery of timely forensic
5016	5016	21 science services in consultation with and subject to the
5017	5017	22 approval of the Chief Procurement Officer as provided in
5018	5018	23 subsection (d) of Section 5-4-3a of the Unified Code of
5019	5019	24 Corrections, except for the requirements of Sections
5020	5020	25 20-60, 20-65, 20-70, and 20-160 and Article 50 of this
5021	5021	26 Code; however, the Chief Procurement Officer may, in
5022	5022
5023	5023
5024	5024
5025	5025
5026	5026
5027	5027	SB3777 - 141 - LRB103 39527 KTG 69733 b
5028	5028
5029	5029
5030	5030	SB3777- 142 -LRB103 39527 KTG 69733 b SB3777 - 142 - LRB103 39527 KTG 69733 b
5031	5031	SB3777 - 142 - LRB103 39527 KTG 69733 b
5032	5032	1 writing with justification, waive any certification
5033	5033	2 required under Article 50 of this Code. For any contracts
5034	5034	3 for services which are currently provided by members of a
5035	5035	4 collective bargaining agreement, the applicable terms of
5036	5036	5 the collective bargaining agreement concerning
5037	5037	6 subcontracting shall be followed.
5038	5038	7 On and after January 1, 2019, this paragraph (13),
5039	5039	8 except for this sentence, is inoperative.
5040	5040	9 (14) Contracts for participation expenditures required
5041	5041	10 by a domestic or international trade show or exhibition of
5042	5042	11 an exhibitor, member, or sponsor.
5043	5043	12 (15) Contracts with a railroad or utility that
5044	5044	13 requires the State to reimburse the railroad or utilities
5045	5045	14 for the relocation of utilities for construction or other
5046	5046	15 public purpose. Contracts included within this paragraph
5047	5047	16 (15) shall include, but not be limited to, those
5048	5048	17 associated with: relocations, crossings, installations,
5049	5049	18 and maintenance. For the purposes of this paragraph (15),
5050	5050	19 "railroad" means any form of non-highway ground
5051	5051	20 transportation that runs on rails or electromagnetic
5052	5052	21 guideways and "utility" means: (1) public utilities as
5053	5053	22 defined in Section 3-105 of the Public Utilities Act, (2)
5054	5054	23 telecommunications carriers as defined in Section 13-202
5055	5055	24 of the Public Utilities Act, (3) electric cooperatives as
5056	5056	25 defined in Section 3.4 of the Electric Supplier Act, (4)
5057	5057	26 telephone or telecommunications cooperatives as defined in
5058	5058
5059	5059
5060	5060
5061	5061
5062	5062
5063	5063	SB3777 - 142 - LRB103 39527 KTG 69733 b
5064	5064
5065	5065
5066	5066	SB3777- 143 -LRB103 39527 KTG 69733 b SB3777 - 143 - LRB103 39527 KTG 69733 b
5067	5067	SB3777 - 143 - LRB103 39527 KTG 69733 b
5068	5068	1 Section 13-212 of the Public Utilities Act, (5) rural
5069	5069	2 water or waste water systems with 10,000 connections or
5070	5070	3 less, (6) a holder as defined in Section 21-201 of the
5071	5071	4 Public Utilities Act, and (7) municipalities owning or
5072	5072	5 operating utility systems consisting of public utilities
5073	5073	6 as that term is defined in Section 11-117-2 of the
5074	5074	7 Illinois Municipal Code.
5075	5075	8 (16) Procurement expenditures necessary for the
5076	5076	9 Department of Public Health to provide the delivery of
5077	5077	10 timely newborn screening services in accordance with the
5078	5078	11 Newborn Metabolic Screening Act.
5079	5079	12 (17) Procurement expenditures necessary for the
5080	5080	13 Department of Agriculture, the Department of Financial and
5081	5081	14 Professional Regulation, the Department of Human Services,
5082	5082	15 and the Department of Public Health to implement the
5083	5083	16 Compassionate Use of Medical Cannabis Program and Opioid
5084	5084	17 Alternative Pilot Program requirements and ensure access
5085	5085	18 to medical cannabis for patients with debilitating medical
5086	5086	19 conditions in accordance with the Compassionate Use of
5087	5087	20 Medical Cannabis Program Act.
5088	5088	21 (18) This Code does not apply to any procurements
5089	5089	22 necessary for the Department of Agriculture, the
5090	5090	23 Department of Financial and Professional Regulation, the
5091	5091	24 Department of Human Services, the Department of Commerce
5092	5092	25 and Economic Opportunity, and the Department of Public
5093	5093	26 Health to implement the Cannabis Regulation and Tax Act if
5094	5094
5095	5095
5096	5096
5097	5097
5098	5098
5099	5099	SB3777 - 143 - LRB103 39527 KTG 69733 b
5100	5100
5101	5101
5102	5102	SB3777- 144 -LRB103 39527 KTG 69733 b SB3777 - 144 - LRB103 39527 KTG 69733 b
5103	5103	SB3777 - 144 - LRB103 39527 KTG 69733 b
5104	5104	1 the applicable agency has made a good faith determination
5105	5105	2 that it is necessary and appropriate for the expenditure
5106	5106	3 to fall within this exemption and if the process is
5107	5107	4 conducted in a manner substantially in accordance with the
5108	5108	5 requirements of Sections 20-160, 25-60, 30-22, 50-5,
5109	5109	6 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
5110	5110	7 50-36, 50-37, 50-38, and 50-50 of this Code; however, for
5111	5111	8 Section 50-35, compliance applies only to contracts or
5112	5112	9 subcontracts over $100,000. Notice of each contract
5113	5113	10 entered into under this paragraph (18) that is related to
5114	5114	11 the procurement of goods and services identified in
5115	5115	12 paragraph (1) through (9) of this subsection shall be
5116	5116	13 published in the Procurement Bulletin within 14 calendar
5117	5117	14 days after contract execution. The Chief Procurement
5118	5118	15 Officer shall prescribe the form and content of the
5119	5119	16 notice. Each agency shall provide the Chief Procurement
5120	5120	17 Officer, on a monthly basis, in the form and content
5121	5121	18 prescribed by the Chief Procurement Officer, a report of
5122	5122	19 contracts that are related to the procurement of goods and
5123	5123	20 services identified in this subsection. At a minimum, this
5124	5124	21 report shall include the name of the contractor, a
5125	5125	22 description of the supply or service provided, the total
5126	5126	23 amount of the contract, the term of the contract, and the
5127	5127	24 exception to this Code utilized. A copy of any or all of
5128	5128	25 these contracts shall be made available to the Chief
5129	5129	26 Procurement Officer immediately upon request. The Chief
5130	5130
5131	5131
5132	5132
5133	5133
5134	5134
5135	5135	SB3777 - 144 - LRB103 39527 KTG 69733 b
5136	5136
5137	5137
5138	5138	SB3777- 145 -LRB103 39527 KTG 69733 b SB3777 - 145 - LRB103 39527 KTG 69733 b
5139	5139	SB3777 - 145 - LRB103 39527 KTG 69733 b
5140	5140	1 Procurement Officer shall submit a report to the Governor
5141	5141	2 and General Assembly no later than November 1 of each year
5142	5142	3 that includes, at a minimum, an annual summary of the
5143	5143	4 monthly information reported to the Chief Procurement
5144	5144	5 Officer. This exemption becomes inoperative 5 years after
5145	5145	6 June 25, 2019 (the effective date of Public Act 101-27).
5146	5146	7 (19) Acquisition of modifications or adjustments,
5147	5147	8 limited to assistive technology devices and assistive
5148	5148	9 technology services, adaptive equipment, repairs, and
5149	5149	10 replacement parts to provide reasonable accommodations (i)
5150	5150	11 that enable a qualified applicant with a disability to
5151	5151	12 complete the job application process and be considered for
5152	5152	13 the position such qualified applicant desires, (ii) that
5153	5153	14 modify or adjust the work environment to enable a
5154	5154	15 qualified current employee with a disability to perform
5155	5155	16 the essential functions of the position held by that
5156	5156	17 employee, (iii) to enable a qualified current employee
5157	5157	18 with a disability to enjoy equal benefits and privileges
5158	5158	19 of employment as are enjoyed by other similarly situated
5159	5159	20 employees without disabilities, and (iv) that allow a
5160	5160	21 customer, client, claimant, or member of the public
5161	5161	22 seeking State services full use and enjoyment of and
5162	5162	23 access to its programs, services, or benefits.
5163	5163	24 For purposes of this paragraph (19):
5164	5164	25 "Assistive technology devices" means any item, piece
5165	5165	26 of equipment, or product system, whether acquired
5166	5166
5167	5167
5168	5168
5169	5169
5170	5170
5171	5171	SB3777 - 145 - LRB103 39527 KTG 69733 b
5172	5172
5173	5173
5174	5174	SB3777- 146 -LRB103 39527 KTG 69733 b SB3777 - 146 - LRB103 39527 KTG 69733 b
5175	5175	SB3777 - 146 - LRB103 39527 KTG 69733 b
5176	5176	1 commercially off the shelf, modified, or customized, that
5177	5177	2 is used to increase, maintain, or improve functional
5178	5178	3 capabilities of individuals with disabilities.
5179	5179	4 "Assistive technology services" means any service that
5180	5180	5 directly assists an individual with a disability in
5181	5181	6 selection, acquisition, or use of an assistive technology
5182	5182	7 device.
5183	5183	8 "Qualified" has the same meaning and use as provided
5184	5184	9 under the federal Americans with Disabilities Act when
5185	5185	10 describing an individual with a disability.
5186	5186	11 (20) Procurement expenditures necessary for the
5187	5187	12 Illinois Commerce Commission to hire third-party
5188	5188	13 facilitators pursuant to Sections 16-105.17 and 16-108.18
5189	5189	14 of the Public Utilities Act or an ombudsman pursuant to
5190	5190	15 Section 16-107.5 of the Public Utilities Act, a
5191	5191	16 facilitator pursuant to Section 16-105.17 of the Public
5192	5192	17 Utilities Act, or a grid auditor pursuant to Section
5193	5193	18 16-105.10 of the Public Utilities Act.
5194	5194	19 (21) Procurement expenditures for the purchase,
5195	5195	20 renewal, and expansion of software, software licenses, or
5196	5196	21 software maintenance agreements that support the efforts
5197	5197	22 of the Illinois State Police to enforce, regulate, and
5198	5198	23 administer the Firearm Owners Identification Card Act, the
5199	5199	24 Firearm Concealed Carry Act, the Firearms Restraining
5200	5200	25 Order Act, the Firearm Dealer License Certification Act,
5201	5201	26 the Law Enforcement Agencies Data System (LEADS), the
5202	5202
5203	5203
5204	5204
5205	5205
5206	5206
5207	5207	SB3777 - 146 - LRB103 39527 KTG 69733 b
5208	5208
5209	5209
5210	5210	SB3777- 147 -LRB103 39527 KTG 69733 b SB3777 - 147 - LRB103 39527 KTG 69733 b
5211	5211	SB3777 - 147 - LRB103 39527 KTG 69733 b
5212	5212	1 Uniform Crime Reporting Act, the Criminal Identification
5213	5213	2 Act, the Illinois Uniform Conviction Information Act, and
5214	5214	3 the Gun Trafficking Information Act, or establish or
5215	5215	4 maintain record management systems necessary to conduct
5216	5216	5 human trafficking investigations or gun trafficking or
5217	5217	6 other stolen firearm investigations. This paragraph (21)
5218	5218	7 applies to contracts entered into on or after January 10,
5219	5219	8 2023 (the effective date of Public Act 102-1116) and the
5220	5220	9 renewal of contracts that are in effect on January 10,
5221	5221	10 2023 (the effective date of Public Act 102-1116).
5222	5222	11 (22) Contracts for project management services and
5223	5223	12 system integration services required for the completion of
5224	5224	13 the State's enterprise resource planning project. This
5225	5225	14 exemption becomes inoperative 5 years after June 7, 2023
5226	5226	15 (the effective date of the changes made to this Section by
5227	5227	16 Public Act 103-8). This paragraph (22) applies to
5228	5228	17 contracts entered into on or after June 7, 2023 (the
5229	5229	18 effective date of the changes made to this Section by
5230	5230	19 Public Act 103-8) and the renewal of contracts that are in
5231	5231	20 effect on June 7, 2023 (the effective date of the changes
5232	5232	21 made to this Section by Public Act 103-8).
5233	5233	22 (23) Procurements necessary for the Department of
5234	5234	23 Insurance to implement the Illinois Health Benefits
5235	5235	24 Exchange Law if the Department of Insurance has made a
5236	5236	25 good faith determination that it is necessary and
5237	5237	26 appropriate for the expenditure to fall within this
5238	5238
5239	5239
5240	5240
5241	5241
5242	5242
5243	5243	SB3777 - 147 - LRB103 39527 KTG 69733 b
5244	5244
5245	5245
5246	5246	SB3777- 148 -LRB103 39527 KTG 69733 b SB3777 - 148 - LRB103 39527 KTG 69733 b
5247	5247	SB3777 - 148 - LRB103 39527 KTG 69733 b
5248	5248	1 exemption. The procurement process shall be conducted in a
5249	5249	2 manner substantially in accordance with the requirements
5250	5250	3 of Sections 20-160 and 25-60 and Article 50 of this Code. A
5251	5251	4 copy of these contracts shall be made available to the
5252	5252	5 Chief Procurement Officer immediately upon request. This
5253	5253	6 paragraph is inoperative 5 years after June 27, 2023 (the
5254	5254	7 effective date of Public Act 103-103).
5255	5255	8 (24) (22) Contracts for public education programming,
5256	5256	9 noncommercial sustaining announcements, public service
5257	5257	10 announcements, and public awareness and education
5258	5258	11 messaging with the nonprofit trade associations of the
5259	5259	12 providers of those services that inform the public on
5260	5260	13 immediate and ongoing health and safety risks and hazards.
5261	5261	14 (25) Contracts necessary for the creation of the
5262	5262	15 Department of Early Childhood and the implementation of
5263	5263	16 the Department's core mission are not subject to this
5264	5264	17 Code, provided that the process shall be conducted in a
5265	5265	18 manner substantially in accordance with the requirements
5266	5266	19 of the following sections of this Code: 20-160, 50-5,
5267	5267	20 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
5268	5268	21 50-36, 50-37, 50-38, and 50-50. This Section becomes
5269	5269	22 inoperative on July 1, 2027.
5270	5270	23 Notwithstanding any other provision of law, for contracts
5271	5271	24 with an annual value of more than $100,000 entered into on or
5272	5272	25 after October 1, 2017 under an exemption provided in any
5273	5273	26 paragraph of this subsection (b), except paragraph (1), (2),
5274	5274
5275	5275
5276	5276
5277	5277
5278	5278
5279	5279	SB3777 - 148 - LRB103 39527 KTG 69733 b
5280	5280
5281	5281
5282	5282	SB3777- 149 -LRB103 39527 KTG 69733 b SB3777 - 149 - LRB103 39527 KTG 69733 b
5283	5283	SB3777 - 149 - LRB103 39527 KTG 69733 b
5284	5284	1 or (5), each State agency shall post to the appropriate
5285	5285	2 procurement bulletin the name of the contractor, a description
5286	5286	3 of the supply or service provided, the total amount of the
5287	5287	4 contract, the term of the contract, and the exception to the
5288	5288	5 Code utilized. The chief procurement officer shall submit a
5289	5289	6 report to the Governor and General Assembly no later than
5290	5290	7 November 1 of each year that shall include, at a minimum, an
5291	5291	8 annual summary of the monthly information reported to the
5292	5292	9 chief procurement officer.
5293	5293	10 (c) This Code does not apply to the electric power
5294	5294	11 procurement process provided for under Section 1-75 of the
5295	5295	12 Illinois Power Agency Act and Section 16-111.5 of the Public
5296	5296	13 Utilities Act. This Code does not apply to the procurement of
5297	5297	14 technical and policy experts pursuant to Section 1-129 of the
5298	5298	15 Illinois Power Agency Act.
5299	5299	16 (d) Except for Section 20-160 and Article 50 of this Code,
5300	5300	17 and as expressly required by Section 9.1 of the Illinois
5301	5301	18 Lottery Law, the provisions of this Code do not apply to the
5302	5302	19 procurement process provided for under Section 9.1 of the
5303	5303	20 Illinois Lottery Law.
5304	5304	21 (e) This Code does not apply to the process used by the
5305	5305	22 Capital Development Board to retain a person or entity to
5306	5306	23 assist the Capital Development Board with its duties related
5307	5307	24 to the determination of costs of a clean coal SNG brownfield
5308	5308	25 facility, as defined by Section 1-10 of the Illinois Power
5309	5309	26 Agency Act, as required in subsection (h-3) of Section 9-220
5310	5310
5311	5311
5312	5312
5313	5313
5314	5314
5315	5315	SB3777 - 149 - LRB103 39527 KTG 69733 b
5316	5316
5317	5317
5318	5318	SB3777- 150 -LRB103 39527 KTG 69733 b SB3777 - 150 - LRB103 39527 KTG 69733 b
5319	5319	SB3777 - 150 - LRB103 39527 KTG 69733 b
5320	5320	1 of the Public Utilities Act, including calculating the range
5321	5321	2 of capital costs, the range of operating and maintenance
5322	5322	3 costs, or the sequestration costs or monitoring the
5323	5323	4 construction of clean coal SNG brownfield facility for the
5324	5324	5 full duration of construction.
5325	5325	6 (f) (Blank).
5326	5326	7 (g) (Blank).
5327	5327	8 (h) This Code does not apply to the process to procure or
5328	5328	9 contracts entered into in accordance with Sections 11-5.2 and
5329	5329	10 11-5.3 of the Illinois Public Aid Code.
5330	5330	11 (i) Each chief procurement officer may access records
5331	5331	12 necessary to review whether a contract, purchase, or other
5332	5332	13 expenditure is or is not subject to the provisions of this
5333	5333	14 Code, unless such records would be subject to attorney-client
5334	5334	15 privilege.
5335	5335	16 (j) This Code does not apply to the process used by the
5336	5336	17 Capital Development Board to retain an artist or work or works
5337	5337	18 of art as required in Section 14 of the Capital Development
5338	5338	19 Board Act.
5339	5339	20 (k) This Code does not apply to the process to procure
5340	5340	21 contracts, or contracts entered into, by the State Board of
5341	5341	22 Elections or the State Electoral Board for hearing officers
5342	5342	23 appointed pursuant to the Election Code.
5343	5343	24 (l) This Code does not apply to the processes used by the
5344	5344	25 Illinois Student Assistance Commission to procure supplies and
5345	5345	26 services paid for from the private funds of the Illinois
5346	5346
5347	5347
5348	5348
5349	5349
5350	5350
5351	5351	SB3777 - 150 - LRB103 39527 KTG 69733 b
5352	5352
5353	5353
5354	5354	SB3777- 151 -LRB103 39527 KTG 69733 b SB3777 - 151 - LRB103 39527 KTG 69733 b
5355	5355	SB3777 - 151 - LRB103 39527 KTG 69733 b
5356	5356	1 Prepaid Tuition Fund. As used in this subsection (l), "private
5357	5357	2 funds" means funds derived from deposits paid into the
5358	5358	3 Illinois Prepaid Tuition Trust Fund and the earnings thereon.
5359	5359	4 (m) This Code shall apply regardless of the source of
5360	5360	5 funds with which contracts are paid, including federal
5361	5361	6 assistance moneys. Except as specifically provided in this
5362	5362	7 Code, this Code shall not apply to procurement expenditures
5363	5363	8 necessary for the Department of Public Health to conduct the
5364	5364	9 Healthy Illinois Survey in accordance with Section 2310-431 of
5365	5365	10 the Department of Public Health Powers and Duties Law of the
5366	5366	11 Civil Administrative Code of Illinois.
5367	5367	12 (Source: P.A. 102-175, eff. 7-29-21; 102-483, eff 1-1-22;
5368	5368	13 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, eff.
5369	5369	14 9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22;
5370	5370	15 102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-103, eff.
5371	5371	16 6-27-23; 103-570, eff. 1-1-24; 103-580, eff. 12-8-23; revised
5372	5372	17 1-2-24.)
5373	5373	18 Section 90-30. The School Code is amended by changing
5374	5374	19 Sections 1A-4, 1C-2, 1C-4, 1D-1, 2-3.47, 2-3.64a-10, 2-3.71,
5375	5375	20 2-3.71a, 2-3.79, 2-3.89, 10-22.6, 21B-50, 22-45, and 26-19 as
5376	5376	21 follows:
5377	5377	22 (105 ILCS 5/1A-4) (from Ch. 122, par. 1A-4)
5378	5378	23 Sec. 1A-4. Powers and duties of the Board.
5379	5379	24 A. (Blank).
5380	5380
5381	5381
5382	5382
5383	5383
5384	5384
5385	5385	SB3777 - 151 - LRB103 39527 KTG 69733 b
5386	5386
5387	5387
5388	5388	SB3777- 152 -LRB103 39527 KTG 69733 b SB3777 - 152 - LRB103 39527 KTG 69733 b
5389	5389	SB3777 - 152 - LRB103 39527 KTG 69733 b
5390	5390	1 B. The Board shall determine the qualifications of and
5391	5391	2 appoint a chief education officer, to be known as the State
5392	5392	3 Superintendent of Education, who may be proposed by the
5393	5393	4 Governor and who shall serve at the pleasure of the Board and
5394	5394	5 pursuant to a performance-based contract linked to statewide
5395	5395	6 student performance and academic improvement within Illinois
5396	5396	7 schools. Upon expiration or buyout of the contract of the
5397	5397	8 State Superintendent of Education in office on the effective
5398	5398	9 date of this amendatory Act of the 93rd General Assembly, a
5399	5399	10 State Superintendent of Education shall be appointed by a
5400	5400	11 State Board of Education that includes the 7 new Board members
5401	5401	12 who were appointed to fill seats of members whose terms were
5402	5402	13 terminated on the effective date of this amendatory Act of the
5403	5403	14 93rd General Assembly. Thereafter, a State Superintendent of
5404	5404	15 Education must, at a minimum, be appointed at the beginning of
5405	5405	16 each term of a Governor after that Governor has made
5406	5406	17 appointments to the Board. A performance-based contract issued
5407	5407	18 for the employment of a State Superintendent of Education
5408	5408	19 entered into on or after the effective date of this amendatory
5409	5409	20 Act of the 93rd General Assembly must expire no later than
5410	5410	21 February 1, 2007, and subsequent contracts must expire no
5411	5411	22 later than February 1 each 4 years thereafter. No contract
5412	5412	23 shall be extended or renewed beyond February 1, 2007 and
5413	5413	24 February 1 each 4 years thereafter, but a State Superintendent
5414	5414	25 of Education shall serve until his or her successor is
5415	5415	26 appointed. Each contract entered into on or before January 8,
5416	5416
5417	5417
5418	5418
5419	5419
5420	5420
5421	5421	SB3777 - 152 - LRB103 39527 KTG 69733 b
5422	5422
5423	5423
5424	5424	SB3777- 153 -LRB103 39527 KTG 69733 b SB3777 - 153 - LRB103 39527 KTG 69733 b
5425	5425	SB3777 - 153 - LRB103 39527 KTG 69733 b
5426	5426	1 2007 with a State Superintendent of Education must provide
5427	5427	2 that the State Board of Education may terminate the contract
5428	5428	3 for cause, and the State Board of Education shall not
5429	5429	4 thereafter be liable for further payments under the contract.
5430	5430	5 With regard to this amendatory Act of the 93rd General
5431	5431	6 Assembly, it is the intent of the General Assembly that,
5432	5432	7 beginning with the Governor who takes office on the second
5433	5433	8 Monday of January, 2007, a State Superintendent of Education
5434	5434	9 be appointed at the beginning of each term of a Governor after
5435	5435	10 that Governor has made appointments to the Board. The State
5436	5436	11 Superintendent of Education shall not serve as a member of the
5437	5437	12 State Board of Education. The Board shall set the compensation
5438	5438	13 of the State Superintendent of Education who shall serve as
5439	5439	14 the Board's chief executive officer. The Board shall also
5440	5440	15 establish the duties, powers and responsibilities of the State
5441	5441	16 Superintendent, which shall be included in the State
5442	5442	17 Superintendent's performance-based contract along with the
5443	5443	18 goals and indicators of student performance and academic
5444	5444	19 improvement used to measure the performance and effectiveness
5445	5445	20 of the State Superintendent. The State Board of Education may
5446	5446	21 delegate to the State Superintendent of Education the
5447	5447	22 authority to act on the Board's behalf, provided such
5448	5448	23 delegation is made pursuant to adopted board policy or the
5449	5449	24 powers delegated are ministerial in nature. The State Board
5450	5450	25 may not delegate authority under this Section to the State
5451	5451	26 Superintendent to (1) nonrecognize school districts, (2)
5452	5452
5453	5453
5454	5454
5455	5455
5456	5456
5457	5457	SB3777 - 153 - LRB103 39527 KTG 69733 b
5458	5458
5459	5459
5460	5460	SB3777- 154 -LRB103 39527 KTG 69733 b SB3777 - 154 - LRB103 39527 KTG 69733 b
5461	5461	SB3777 - 154 - LRB103 39527 KTG 69733 b
5462	5462	1 withhold State payments as a penalty, or (3) make final
5463	5463	2 decisions under the contested case provisions of the Illinois
5464	5464	3 Administrative Procedure Act unless otherwise provided by law.
5465	5465	4 C. The powers and duties of the State Board of Education
5466	5466	5 shall encompass all duties delegated to the Office of
5467	5467	6 Superintendent of Public Instruction on January 12, 1975,
5468	5468	7 except as the law providing for such powers and duties is
5469	5469	8 thereafter amended, and such other powers and duties as the
5470	5470	9 General Assembly shall designate. The Board shall be
5471	5471	10 responsible for the educational policies and guidelines for
5472	5472	11 public schools, pre-school through grade 12 and Vocational
5473	5473	12 Education in the State of Illinois. Beginning July 1, 2024,
5474	5474	13 educational policies and guidelines pertaining to pre-school
5475	5475	14 shall be done in consultation with the Department of Early
5476	5476	15 Childhood. The Board shall analyze the present and future
5477	5477	16 aims, needs, and requirements of education in the State of
5478	5478	17 Illinois and recommend to the General Assembly the powers
5479	5479	18 which should be exercised by the Board. The Board shall
5480	5480	19 recommend the passage and the legislation necessary to
5481	5481	20 determine the appropriate relationship between the Board and
5482	5482	21 local boards of education and the various State agencies and
5483	5483	22 shall recommend desirable modifications in the laws which
5484	5484	23 affect schools.
5485	5485	24 D. Two members of the Board shall be appointed by the
5486	5486	25 chairperson to serve on a standing joint Education Committee,
5487	5487	26 2 others shall be appointed from the Board of Higher
5488	5488
5489	5489
5490	5490
5491	5491
5492	5492
5493	5493	SB3777 - 154 - LRB103 39527 KTG 69733 b
5494	5494
5495	5495
5496	5496	SB3777- 155 -LRB103 39527 KTG 69733 b SB3777 - 155 - LRB103 39527 KTG 69733 b
5497	5497	SB3777 - 155 - LRB103 39527 KTG 69733 b
5498	5498	1 Education, 2 others shall be appointed by the chairperson of
5499	5499	2 the Illinois Community College Board, and 2 others shall be
5500	5500	3 appointed by the chairperson of the Human Resource Investment
5501	5501	4 Council. The Committee shall be responsible for making
5502	5502	5 recommendations concerning the submission of any workforce
5503	5503	6 development plan or workforce training program required by
5504	5504	7 federal law or under any block grant authority. The Committee
5505	5505	8 will be responsible for developing policy on matters of mutual
5506	5506	9 concern to elementary, secondary and higher education such as
5507	5507	10 Occupational and Career Education, Teacher Preparation and
5508	5508	11 Licensure, Educational Finance, Articulation between
5509	5509	12 Elementary, Secondary and Higher Education and Research and
5510	5510	13 Planning. The joint Education Committee shall meet at least
5511	5511	14 quarterly and submit an annual report of its findings,
5512	5512	15 conclusions, and recommendations to the State Board of
5513	5513	16 Education, the Board of Higher Education, the Illinois
5514	5514	17 Community College Board, the Human Resource Investment
5515	5515	18 Council, the Governor, and the General Assembly. All meetings
5516	5516	19 of this Committee shall be official meetings for reimbursement
5517	5517	20 under this Act. On the effective date of this amendatory Act of
5518	5518	21 the 95th General Assembly, the Joint Education Committee is
5519	5519	22 abolished.
5520	5520	23 E. Five members of the Board shall constitute a quorum. A
5521	5521	24 majority vote of the members appointed, confirmed and serving
5522	5522	25 on the Board is required to approve any action, except that the
5523	5523	26 7 new Board members who were appointed to fill seats of members
5524	5524
5525	5525
5526	5526
5527	5527
5528	5528
5529	5529	SB3777 - 155 - LRB103 39527 KTG 69733 b
5530	5530
5531	5531
5532	5532	SB3777- 156 -LRB103 39527 KTG 69733 b SB3777 - 156 - LRB103 39527 KTG 69733 b
5533	5533	SB3777 - 156 - LRB103 39527 KTG 69733 b
5534	5534	1 whose terms were terminated on the effective date of this
5535	5535	2 amendatory act of the 93rd General Assembly may vote to
5536	5536	3 approve actions when appointed and serving.
5537	5537	4 F. Upon appointment of the 7 new Board members who were
5538	5538	5 appointed to fill seats of members whose terms were terminated
5539	5539	6 on the effective date of this amendatory Act of the 93rd
5540	5540	7 General Assembly, the Board shall review all of its current
5541	5541	8 rules in an effort to streamline procedures, improve
5542	5542	9 efficiency, and eliminate unnecessary forms and paperwork.
5543	5543	10 (Source: P.A. 102-894, eff. 5-20-22.)
5544	5544	11 (105 ILCS 5/1C-2)
5545	5545	12 Sec. 1C-2. Block grants.
5546	5546	13 (a) For fiscal year 1999, and each fiscal year thereafter
5547	5547	14 through fiscal year 2026, the State Board of Education shall
5548	5548	15 award to school districts block grants as described in
5549	5549	16 subsection (c). The State Board of Education may adopt rules
5550	5550	17 and regulations necessary to implement this Section. In
5551	5551	18 accordance with Section 2-3.32, all state block grants are
5552	5552	19 subject to an audit. Therefore, block grant receipts and block
5553	5553	20 grant expenditures shall be recorded to the appropriate fund
5554	5554	21 code.
5555	5555	22 (b) (Blank).
5556	5556	23 (c) An Early Childhood Education Block Grant shall be
5557	5557	24 created by combining the following programs: Preschool
5558	5558	25 Education, Parental Training and Prevention Initiative. These
5559	5559
5560	5560
5561	5561
5562	5562
5563	5563
5564	5564	SB3777 - 156 - LRB103 39527 KTG 69733 b
5565	5565
5566	5566
5567	5567	SB3777- 157 -LRB103 39527 KTG 69733 b SB3777 - 157 - LRB103 39527 KTG 69733 b
5568	5568	SB3777 - 157 - LRB103 39527 KTG 69733 b
5569	5569	1 funds shall be distributed to school districts and other
5570	5570	2 entities on a competitive basis, except that the State Board
5571	5571	3 of Education shall award to a school district having a
5572	5572	4 population exceeding 500,000 inhabitants 37% of the funds in
5573	5573	5 each fiscal year. Not less than 14% of the Early Childhood
5574	5574	6 Education Block Grant allocation of funds shall be used to
5575	5575	7 fund programs for children ages 0-3. Beginning in Fiscal Year
5576	5576	8 2016, at least 25% of any additional Early Childhood Education
5577	5577	9 Block Grant funding over and above the previous fiscal year's
5578	5578	10 allocation shall be used to fund programs for children ages
5579	5579	11 0-3. Once the percentage of Early Childhood Education Block
5580	5580	12 Grant funding allocated to programs for children ages 0-3
5581	5581	13 reaches 20% of the overall Early Childhood Education Block
5582	5582	14 Grant allocation for a full fiscal year, thereafter in
5583	5583	15 subsequent fiscal years the percentage of Early Childhood
5584	5584	16 Education Block Grant funding allocated to programs for
5585	5585	17 children ages 0-3 each fiscal year shall remain at least 20% of
5586	5586	18 the overall Early Childhood Education Block Grant allocation.
5587	5587	19 However, if, in a given fiscal year, the amount appropriated
5588	5588	20 for the Early Childhood Education Block Grant is insufficient
5589	5589	21 to increase the percentage of the grant to fund programs for
5590	5590	22 children ages 0-3 without reducing the amount of the grant for
5591	5591	23 existing providers of preschool education programs, then the
5592	5592	24 percentage of the grant to fund programs for children ages 0-3
5593	5593	25 may be held steady instead of increased.This subsection (c) is
5594	5594	26 inoperative on and after July 1, 2026.
5595	5595
5596	5596
5597	5597
5598	5598
5599	5599
5600	5600	SB3777 - 157 - LRB103 39527 KTG 69733 b
5601	5601
5602	5602
5603	5603	SB3777- 158 -LRB103 39527 KTG 69733 b SB3777 - 158 - LRB103 39527 KTG 69733 b
5604	5604	SB3777 - 158 - LRB103 39527 KTG 69733 b
5605	5605	1 (Source: P.A. 99-589, eff. 7-21-16; 100-465, eff. 8-31-17.)
5606	5606	2 (105 ILCS 5/1C-4)
5607	5607	3 Sec. 1C-4. Reports. A school district that receives an
5608	5608	4 Early Childhood Education Block Grant shall report to the
5609	5609	5 State Board of Education on its use of the block grant in such
5610	5610	6 form and detail as the State Board of Education may specify. In
5611	5611	7 addition, the report must include the following description
5612	5612	8 for the district, which must also be reported to the General
5613	5613	9 Assembly: block grant allocation and expenditures by program;
5614	5614	10 population and service levels by program; and administrative
5615	5615	11 expenditures by program. The State Board of Education shall
5616	5616	12 ensure that the reporting requirements for a district
5617	5617	13 organized under Article 34 of this Code are the same as for all
5618	5618	14 other school districts in this State.
5619	5619	15 This Section is repealed on July 1, 2026.
5620	5620	16 (Source: P.A. 99-30, eff. 7-10-15.)
5621	5621	17 (105 ILCS 5/1D-1)
5622	5622	18 (Text of Section from P.A. 100-55)
5623	5623	19 Sec. 1D-1. Block grant funding.
5624	5624	20 (a) For fiscal year 1996 and each fiscal year thereafter,
5625	5625	21 the State Board of Education shall award to a school district
5626	5626	22 having a population exceeding 500,000 inhabitants a general
5627	5627	23 education block grant and an educational services block grant,
5628	5628	24 determined as provided in this Section, in lieu of
5629	5629
5630	5630
5631	5631
5632	5632
5633	5633
5634	5634	SB3777 - 158 - LRB103 39527 KTG 69733 b
5635	5635
5636	5636
5637	5637	SB3777- 159 -LRB103 39527 KTG 69733 b SB3777 - 159 - LRB103 39527 KTG 69733 b
5638	5638	SB3777 - 159 - LRB103 39527 KTG 69733 b
5639	5639	1 distributing to the district separate State funding for the
5640	5640	2 programs described in subsections (b) and (c). The provisions
5641	5641	3 of this Section, however, do not apply to any federal funds
5642	5642	4 that the district is entitled to receive. In accordance with
5643	5643	5 Section 2-3.32, all block grants are subject to an audit.
5644	5644	6 Therefore, block grant receipts and block grant expenditures
5645	5645	7 shall be recorded to the appropriate fund code for the
5646	5646	8 designated block grant.
5647	5647	9 (b) The general education block grant shall include the
5648	5648	10 following programs: REI Initiative, Summer Bridges, Preschool
5649	5649	11 Education, K-6 Comprehensive Arts, School Improvement Support,
5650	5650	12 Urban Education, Scientific Literacy, Substance Abuse
5651	5651	13 Prevention, Second Language Planning, Staff Development,
5652	5652	14 Outcomes and Assessment, K-6 Reading Improvement, 7-12
5653	5653	15 Continued Reading Improvement, Truants' Optional Education,
5654	5654	16 Hispanic Programs, Agriculture Education, Parental Training,
5655	5655	17 Prevention Initiative, Report Cards, and Criminal Background
5656	5656	18 Investigations. The general education block grant shall also
5657	5657	19 include Preschool Education, Parental Training, and Prevention
5658	5658	20 Initiative through June 30, 2026. Notwithstanding any other
5659	5659	21 provision of law, all amounts paid under the general education
5660	5660	22 block grant from State appropriations to a school district in
5661	5661	23 a city having a population exceeding 500,000 inhabitants shall
5662	5662	24 be appropriated and expended by the board of that district for
5663	5663	25 any of the programs included in the block grant or any of the
5664	5664	26 board's lawful purposes. Beginning in Fiscal Year 2018, at
5665	5665
5666	5666
5667	5667
5668	5668
5669	5669
5670	5670	SB3777 - 159 - LRB103 39527 KTG 69733 b
5671	5671
5672	5672
5673	5673	SB3777- 160 -LRB103 39527 KTG 69733 b SB3777 - 160 - LRB103 39527 KTG 69733 b
5674	5674	SB3777 - 160 - LRB103 39527 KTG 69733 b
5675	5675	1 least 25% of any additional Preschool Education, Parental
5676	5676	2 Training, and Prevention Initiative program funding over and
5677	5677	3 above the previous fiscal year's allocation shall be used to
5678	5678	4 fund programs for children ages 0-3. Beginning in Fiscal Year
5679	5679	5 2018, funding for Preschool Education, Parental Training, and
5680	5680	6 Prevention Initiative programs above the allocation for these
5681	5681	7 programs in Fiscal Year 2017 must be used solely as a
5682	5682	8 supplement for these programs and may not supplant funds
5683	5683	9 received from other sources.
5684	5684	10 (b-5) Beginning in Fiscal Year 2027, the Department of
5685	5685	11 Early Childhood shall award a block grant for Preschool
5686	5686	12 Education, Parental Training, and Prevention Initiative to a
5687	5687	13 school district having a population exceeding 500,000
5688	5688	14 inhabitants. The grants are subject to audit. Therefore, block
5689	5689	15 grant receipts and block grant expenditures shall be recorded
5690	5690	16 to the appropriate fund code for the designated block grant.
5691	5691	17 Notwithstanding any other provision of law, all amounts paid
5692	5692	18 under the block grant from State appropriations to a school
5693	5693	19 district in a city having a population exceeding 500,000
5694	5694	20 inhabitants shall be appropriated and expended by the board of
5695	5695	21 that district for any of the programs included in the block
5696	5696	22 grant or any of the board's lawful purposes. The district is
5697	5697	23 not required to file any application or other claim in order to
5698	5698	24 receive the block grant to which it is entitled under this
5699	5699	25 Section. The Department of Early Childhood shall make payments
5700	5700	26 to the district of amounts due under the district's block
5701	5701
5702	5702
5703	5703
5704	5704
5705	5705
5706	5706	SB3777 - 160 - LRB103 39527 KTG 69733 b
5707	5707
5708	5708
5709	5709	SB3777- 161 -LRB103 39527 KTG 69733 b SB3777 - 161 - LRB103 39527 KTG 69733 b
5710	5710	SB3777 - 161 - LRB103 39527 KTG 69733 b
5711	5711	1 grant on a schedule determined by the Department. A school
5712	5712	2 district to which this Section applies shall report to the
5713	5713	3 Department of Early Childhood on its use of the block grant in
5714	5714	4 such form and detail as the Department may specify. In
5715	5715	5 addition, the report must include the following description
5716	5716	6 for the district, which must also be reported to the General
5717	5717	7 Assembly: block grant allocation and expenditures by program;
5718	5718	8 population and service levels by program; and administrative
5719	5719	9 expenditures by program. The Department shall ensure that the
5720	5720	10 reporting requirements for the district are the same as for
5721	5721	11 all other school districts in this State. Beginning in Fiscal
5722	5722	12 Year 2018, at least 25% of any additional Preschool Education,
5723	5723	13 Parental Training, and Prevention Initiative program funding
5724	5724	14 over and above the previous fiscal year's allocation shall be
5725	5725	15 used to fund programs for children ages 0-3. Beginning in
5726	5726	16 Fiscal Year 2018, funding for Preschool Education, Parental
5727	5727	17 Training, and Prevention Initiative programs above the
5728	5728	18 allocation for these programs in Fiscal Year 2017 must be used
5729	5729	19 solely as a supplement for these programs and may not supplant
5730	5730	20 funds received from other sources. (b-10).
5731	5731	21 (c) The educational services block grant shall include the
5732	5732	22 following programs: Regular and Vocational Transportation,
5733	5733	23 State Lunch and Free Breakfast Program, Special Education
5734	5734	24 (Personnel, Transportation, Orphanage, Private Tuition),
5735	5735	25 funding for children requiring special education services,
5736	5736	26 Summer School, Educational Service Centers, and
5737	5737
5738	5738
5739	5739
5740	5740
5741	5741
5742	5742	SB3777 - 161 - LRB103 39527 KTG 69733 b
5743	5743
5744	5744
5745	5745	SB3777- 162 -LRB103 39527 KTG 69733 b SB3777 - 162 - LRB103 39527 KTG 69733 b
5746	5746	SB3777 - 162 - LRB103 39527 KTG 69733 b
5747	5747	1 Administrator's Academy. This subsection (c) does not relieve
5748	5748	2 the district of its obligation to provide the services
5749	5749	3 required under a program that is included within the
5750	5750	4 educational services block grant. It is the intention of the
5751	5751	5 General Assembly in enacting the provisions of this subsection
5752	5752	6 (c) to relieve the district of the administrative burdens that
5753	5753	7 impede efficiency and accompany single-program funding. The
5754	5754	8 General Assembly encourages the board to pursue mandate
5755	5755	9 waivers pursuant to Section 2-3.25g.
5756	5756	10 The funding program included in the educational services
5757	5757	11 block grant for funding for children requiring special
5758	5758	12 education services in each fiscal year shall be treated in
5759	5759	13 that fiscal year as a payment to the school district in respect
5760	5760	14 of services provided or costs incurred in the prior fiscal
5761	5761	15 year, calculated in each case as provided in this Section.
5762	5762	16 Nothing in this Section shall change the nature of payments
5763	5763	17 for any program that, apart from this Section, would be or,
5764	5764	18 prior to adoption or amendment of this Section, was on the
5765	5765	19 basis of a payment in a fiscal year in respect of services
5766	5766	20 provided or costs incurred in the prior fiscal year,
5767	5767	21 calculated in each case as provided in this Section.
5768	5768	22 (d) For fiscal year 1996 and each fiscal year thereafter,
5769	5769	23 the amount of the district's block grants shall be determined
5770	5770	24 as follows: (i) with respect to each program that is included
5771	5771	25 within each block grant, the district shall receive an amount
5772	5772	26 equal to the same percentage of the current fiscal year
5773	5773
5774	5774
5775	5775
5776	5776
5777	5777
5778	5778	SB3777 - 162 - LRB103 39527 KTG 69733 b
5779	5779
5780	5780
5781	5781	SB3777- 163 -LRB103 39527 KTG 69733 b SB3777 - 163 - LRB103 39527 KTG 69733 b
5782	5782	SB3777 - 163 - LRB103 39527 KTG 69733 b
5783	5783	1 appropriation made for that program as the percentage of the
5784	5784	2 appropriation received by the district from the 1995 fiscal
5785	5785	3 year appropriation made for that program, and (ii) the total
5786	5786	4 amount that is due the district under the block grant shall be
5787	5787	5 the aggregate of the amounts that the district is entitled to
5788	5788	6 receive for the fiscal year with respect to each program that
5789	5789	7 is included within the block grant that the State Board of
5790	5790	8 Education shall award the district under this Section for that
5791	5791	9 fiscal year. In the case of the Summer Bridges program, the
5792	5792	10 amount of the district's block grant shall be equal to 44% of
5793	5793	11 the amount of the current fiscal year appropriation made for
5794	5794	12 that program.
5795	5795	13 (e) The district is not required to file any application
5796	5796	14 or other claim in order to receive the block grants to which it
5797	5797	15 is entitled under this Section. The State Board of Education
5798	5798	16 shall make payments to the district of amounts due under the
5799	5799	17 district's block grants on a schedule determined by the State
5800	5800	18 Board of Education.
5801	5801	19 (f) A school district to which this Section applies shall
5802	5802	20 report to the State Board of Education on its use of the block
5803	5803	21 grants in such form and detail as the State Board of Education
5804	5804	22 may specify. In addition, the report must include the
5805	5805	23 following description for the district, which must also be
5806	5806	24 reported to the General Assembly: block grant allocation and
5807	5807	25 expenditures by program; population and service levels by
5808	5808	26 program; and administrative expenditures by program. The State
5809	5809
5810	5810
5811	5811
5812	5812
5813	5813
5814	5814	SB3777 - 163 - LRB103 39527 KTG 69733 b
5815	5815
5816	5816
5817	5817	SB3777- 164 -LRB103 39527 KTG 69733 b SB3777 - 164 - LRB103 39527 KTG 69733 b
5818	5818	SB3777 - 164 - LRB103 39527 KTG 69733 b
5819	5819	1 Board of Education shall ensure that the reporting
5820	5820	2 requirements for the district are the same as for all other
5821	5821	3 school districts in this State.
5822	5822	4 (g) This paragraph provides for the treatment of block
5823	5823	5 grants under Article 1C for purposes of calculating the amount
5824	5824	6 of block grants for a district under this Section. Those block
5825	5825	7 grants under Article 1C are, for this purpose, treated as
5826	5826	8 included in the amount of appropriation for the various
5827	5827	9 programs set forth in paragraph (b) above. The appropriation
5828	5828	10 in each current fiscal year for each block grant under Article
5829	5829	11 1C shall be treated for these purposes as appropriations for
5830	5830	12 the individual program included in that block grant. The
5831	5831	13 proportion of each block grant so allocated to each such
5832	5832	14 program included in it shall be the proportion which the
5833	5833	15 appropriation for that program was of all appropriations for
5834	5834	16 such purposes now in that block grant, in fiscal 1995.
5835	5835	17 Payments to the school district under this Section with
5836	5836	18 respect to each program for which payments to school districts
5837	5837	19 generally, as of the date of this amendatory Act of the 92nd
5838	5838	20 General Assembly, are on a reimbursement basis shall continue
5839	5839	21 to be made to the district on a reimbursement basis, pursuant
5840	5840	22 to the provisions of this Code governing those programs.
5841	5841	23 (h) Notwithstanding any other provision of law, any school
5842	5842	24 district receiving a block grant under this Section may
5843	5843	25 classify all or a portion of the funds that it receives in a
5844	5844	26 particular fiscal year from any block grant authorized under
5845	5845
5846	5846
5847	5847
5848	5848
5849	5849
5850	5850	SB3777 - 164 - LRB103 39527 KTG 69733 b
5851	5851
5852	5852
5853	5853	SB3777- 165 -LRB103 39527 KTG 69733 b SB3777 - 165 - LRB103 39527 KTG 69733 b
5854	5854	SB3777 - 165 - LRB103 39527 KTG 69733 b
5855	5855	1 this Code or from general State aid pursuant to Section
5856	5856	2 18-8.05 of this Code (other than supplemental general State
5857	5857	3 aid) as funds received in connection with any funding program
5858	5858	4 for which it is entitled to receive funds from the State in
5859	5859	5 that fiscal year (including, without limitation, any funding
5860	5860	6 program referred to in subsection (c) of this Section),
5861	5861	7 regardless of the source or timing of the receipt. The
5862	5862	8 district may not classify more funds as funds received in
5863	5863	9 connection with the funding program than the district is
5864	5864	10 entitled to receive in that fiscal year for that program. Any
5865	5865	11 classification by a district must be made by a resolution of
5866	5866	12 its board of education. The resolution must identify the
5867	5867	13 amount of any block grant or general State aid to be classified
5868	5868	14 under this subsection (h) and must specify the funding program
5869	5869	15 to which the funds are to be treated as received in connection
5870	5870	16 therewith. This resolution is controlling as to the
5871	5871	17 classification of funds referenced therein. A certified copy
5872	5872	18 of the resolution must be sent to the State Superintendent of
5873	5873	19 Education. The resolution shall still take effect even though
5874	5874	20 a copy of the resolution has not been sent to the State
5875	5875	21 Superintendent of Education in a timely manner. No
5876	5876	22 classification under this subsection (h) by a district shall
5877	5877	23 affect the total amount or timing of money the district is
5878	5878	24 entitled to receive under this Code. No classification under
5879	5879	25 this subsection (h) by a district shall in any way relieve the
5880	5880	26 district from or affect any requirements that otherwise would
5881	5881
5882	5882
5883	5883
5884	5884
5885	5885
5886	5886	SB3777 - 165 - LRB103 39527 KTG 69733 b
5887	5887
5888	5888
5889	5889	SB3777- 166 -LRB103 39527 KTG 69733 b SB3777 - 166 - LRB103 39527 KTG 69733 b
5890	5890	SB3777 - 166 - LRB103 39527 KTG 69733 b
5891	5891	1 apply with respect to the block grant as provided in this
5892	5892	2 Section, including any accounting of funds by source,
5893	5893	3 reporting expenditures by original source and purpose,
5894	5894	4 reporting requirements, or requirements of provision of
5895	5895	5 services.
5896	5896	6 (Source: P.A. 100-55, eff. 8-11-17.)
5897	5897	7 (Text of Section from P.A. 100-465)
5898	5898	8 Sec. 1D-1. Block grant funding.
5899	5899	9 (a) For fiscal year 1996 through fiscal year 2017, the
5900	5900	10 State Board of Education shall award to a school district
5901	5901	11 having a population exceeding 500,000 inhabitants a general
5902	5902	12 education block grant and an educational services block grant,
5903	5903	13 determined as provided in this Section, in lieu of
5904	5904	14 distributing to the district separate State funding for the
5905	5905	15 programs described in subsections (b) and (c). The provisions
5906	5906	16 of this Section, however, do not apply to any federal funds
5907	5907	17 that the district is entitled to receive. In accordance with
5908	5908	18 Section 2-3.32, all block grants are subject to an audit.
5909	5909	19 Therefore, block grant receipts and block grant expenditures
5910	5910	20 shall be recorded to the appropriate fund code for the
5911	5911	21 designated block grant.
5912	5912	22 (b) The general education block grant shall include the
5913	5913	23 following programs: REI Initiative, Summer Bridges, Preschool
5914	5914	24 At Risk, K-6 Comprehensive Arts, School Improvement Support,
5915	5915	25 Urban Education, Scientific Literacy, Substance Abuse
5916	5916
5917	5917
5918	5918
5919	5919
5920	5920
5921	5921	SB3777 - 166 - LRB103 39527 KTG 69733 b
5922	5922
5923	5923
5924	5924	SB3777- 167 -LRB103 39527 KTG 69733 b SB3777 - 167 - LRB103 39527 KTG 69733 b
5925	5925	SB3777 - 167 - LRB103 39527 KTG 69733 b
5926	5926	1 Prevention, Second Language Planning, Staff Development,
5927	5927	2 Outcomes and Assessment, K-6 Reading Improvement, 7-12
5928	5928	3 Continued Reading Improvement, Truants' Optional Education,
5929	5929	4 Hispanic Programs, Agriculture Education, Parental Education,
5930	5930	5 Prevention Initiative, Report Cards, and Criminal Background
5931	5931	6 Investigations. The general education block grant shall also
5932	5932	7 include Preschool Education, Parental Training, and Prevention
5933	5933	8 Initiative through June 30, 2026. Notwithstanding any other
5934	5934	9 provision of law, all amounts paid under the general education
5935	5935	10 block grant from State appropriations to a school district in
5936	5936	11 a city having a population exceeding 500,000 inhabitants shall
5937	5937	12 be appropriated and expended by the board of that district for
5938	5938	13 any of the programs included in the block grant or any of the
5939	5939	14 board's lawful purposes.
5940	5940	15 (b-5) Beginning in Fiscal Year 2027, the Department of
5941	5941	16 Early Childhood shall award a block grant for Preschool
5942	5942	17 Education, Parental Training, and Prevention Initiative to a
5943	5943	18 school district having a population exceeding 500,000
5944	5944	19 inhabitants. The grants are subject to audit. Therefore, block
5945	5945	20 grant receipts and block grant expenditures shall be recorded
5946	5946	21 to the appropriate fund code for the designated block grant.
5947	5947	22 Notwithstanding any other provision of law, all amounts paid
5948	5948	23 under the block grant from State appropriations to a school
5949	5949	24 district in a city having a population exceeding 500,000
5950	5950	25 inhabitants shall be appropriated and expended by the board of
5951	5951	26 that district for any of the programs included in the block
5952	5952
5953	5953
5954	5954
5955	5955
5956	5956
5957	5957	SB3777 - 167 - LRB103 39527 KTG 69733 b
5958	5958
5959	5959
5960	5960	SB3777- 168 -LRB103 39527 KTG 69733 b SB3777 - 168 - LRB103 39527 KTG 69733 b
5961	5961	SB3777 - 168 - LRB103 39527 KTG 69733 b
5962	5962	1 grant or any of the board's lawful purposes. The district is
5963	5963	2 not required to file any application or other claim in order to
5964	5964	3 receive the block grant to which it is entitled under this
5965	5965	4 Section. The Department of Early Childhood shall make payments
5966	5966	5 to the district of amounts due under the district's block
5967	5967	6 grant on a schedule determined by the Department. A school
5968	5968	7 district to which this Section applies shall report to the
5969	5969	8 Department of Early Childhood on its use of the block grant in
5970	5970	9 such form and detail as the Department may specify. In
5971	5971	10 addition, the report must include the following description
5972	5972	11 for the district, which must also be reported to the General
5973	5973	12 Assembly: block grant allocation and expenditures by program;
5974	5974	13 population and service levels by program; and administrative
5975	5975	14 expenditures by program. The Department shall ensure that the
5976	5976	15 reporting requirements for the district are the same as for
5977	5977	16 all other school districts in this State. Beginning in Fiscal
5978	5978	17 Year 2018, at least 25% of any additional Preschool Education,
5979	5979	18 Parental Training, and Prevention Initiative program funding
5980	5980	19 over and above the previous fiscal year's allocation shall be
5981	5981	20 used to fund programs for children ages 0-3. Beginning in
5982	5982	21 Fiscal Year 2018, funding for Preschool Education, Parental
5983	5983	22 Training, and Prevention Initiative programs above the
5984	5984	23 allocation for these programs in Fiscal Year 2017 must be used
5985	5985	24 solely as a supplement for these programs and may not supplant
5986	5986	25 funds received from other sources. (b-10).
5987	5987	26 (c) The educational services block grant shall include the
5988	5988
5989	5989
5990	5990
5991	5991
5992	5992
5993	5993	SB3777 - 168 - LRB103 39527 KTG 69733 b
5994	5994
5995	5995
5996	5996	SB3777- 169 -LRB103 39527 KTG 69733 b SB3777 - 169 - LRB103 39527 KTG 69733 b
5997	5997	SB3777 - 169 - LRB103 39527 KTG 69733 b
5998	5998	1 following programs: Regular and Vocational Transportation,
5999	5999	2 State Lunch and Free Breakfast Program, Special Education
6000	6000	3 (Personnel, Transportation, Orphanage, Private Tuition),
6001	6001	4 funding for children requiring special education services,
6002	6002	5 Summer School, Educational Service Centers, and
6003	6003	6 Administrator's Academy. This subsection (c) does not relieve
6004	6004	7 the district of its obligation to provide the services
6005	6005	8 required under a program that is included within the
6006	6006	9 educational services block grant. It is the intention of the
6007	6007	10 General Assembly in enacting the provisions of this subsection
6008	6008	11 (c) to relieve the district of the administrative burdens that
6009	6009	12 impede efficiency and accompany single-program funding. The
6010	6010	13 General Assembly encourages the board to pursue mandate
6011	6011	14 waivers pursuant to Section 2-3.25g.
6012	6012	15 The funding program included in the educational services
6013	6013	16 block grant for funding for children requiring special
6014	6014	17 education services in each fiscal year shall be treated in
6015	6015	18 that fiscal year as a payment to the school district in respect
6016	6016	19 of services provided or costs incurred in the prior fiscal
6017	6017	20 year, calculated in each case as provided in this Section.
6018	6018	21 Nothing in this Section shall change the nature of payments
6019	6019	22 for any program that, apart from this Section, would be or,
6020	6020	23 prior to adoption or amendment of this Section, was on the
6021	6021	24 basis of a payment in a fiscal year in respect of services
6022	6022	25 provided or costs incurred in the prior fiscal year,
6023	6023	26 calculated in each case as provided in this Section.
6024	6024
6025	6025
6026	6026
6027	6027
6028	6028
6029	6029	SB3777 - 169 - LRB103 39527 KTG 69733 b
6030	6030
6031	6031
6032	6032	SB3777- 170 -LRB103 39527 KTG 69733 b SB3777 - 170 - LRB103 39527 KTG 69733 b
6033	6033	SB3777 - 170 - LRB103 39527 KTG 69733 b
6034	6034	1 (d) For fiscal year 1996 through fiscal year 2017, the
6035	6035	2 amount of the district's block grants shall be determined as
6036	6036	3 follows: (i) with respect to each program that is included
6037	6037	4 within each block grant, the district shall receive an amount
6038	6038	5 equal to the same percentage of the current fiscal year
6039	6039	6 appropriation made for that program as the percentage of the
6040	6040	7 appropriation received by the district from the 1995 fiscal
6041	6041	8 year appropriation made for that program, and (ii) the total
6042	6042	9 amount that is due the district under the block grant shall be
6043	6043	10 the aggregate of the amounts that the district is entitled to
6044	6044	11 receive for the fiscal year with respect to each program that
6045	6045	12 is included within the block grant that the State Board of
6046	6046	13 Education shall award the district under this Section for that
6047	6047	14 fiscal year. In the case of the Summer Bridges program, the
6048	6048	15 amount of the district's block grant shall be equal to 44% of
6049	6049	16 the amount of the current fiscal year appropriation made for
6050	6050	17 that program.
6051	6051	18 (e) The district is not required to file any application
6052	6052	19 or other claim in order to receive the block grants to which it
6053	6053	20 is entitled under this Section. The State Board of Education
6054	6054	21 shall make payments to the district of amounts due under the
6055	6055	22 district's block grants on a schedule determined by the State
6056	6056	23 Board of Education.
6057	6057	24 (f) A school district to which this Section applies shall
6058	6058	25 report to the State Board of Education on its use of the block
6059	6059	26 grants in such form and detail as the State Board of Education
6060	6060
6061	6061
6062	6062
6063	6063
6064	6064
6065	6065	SB3777 - 170 - LRB103 39527 KTG 69733 b
6066	6066
6067	6067
6068	6068	SB3777- 171 -LRB103 39527 KTG 69733 b SB3777 - 171 - LRB103 39527 KTG 69733 b
6069	6069	SB3777 - 171 - LRB103 39527 KTG 69733 b
6070	6070	1 may specify. In addition, the report must include the
6071	6071	2 following description for the district, which must also be
6072	6072	3 reported to the General Assembly: block grant allocation and
6073	6073	4 expenditures by program; population and service levels by
6074	6074	5 program; and administrative expenditures by program. The State
6075	6075	6 Board of Education shall ensure that the reporting
6076	6076	7 requirements for the district are the same as for all other
6077	6077	8 school districts in this State.
6078	6078	9 (g) Through fiscal year 2017, this paragraph provides for
6079	6079	10 the treatment of block grants under Article 1C for purposes of
6080	6080	11 calculating the amount of block grants for a district under
6081	6081	12 this Section. Those block grants under Article 1C are, for
6082	6082	13 this purpose, treated as included in the amount of
6083	6083	14 appropriation for the various programs set forth in paragraph
6084	6084	15 (b) above. The appropriation in each current fiscal year for
6085	6085	16 each block grant under Article 1C shall be treated for these
6086	6086	17 purposes as appropriations for the individual program included
6087	6087	18 in that block grant. The proportion of each block grant so
6088	6088	19 allocated to each such program included in it shall be the
6089	6089	20 proportion which the appropriation for that program was of all
6090	6090	21 appropriations for such purposes now in that block grant, in
6091	6091	22 fiscal 1995.
6092	6092	23 Payments to the school district under this Section with
6093	6093	24 respect to each program for which payments to school districts
6094	6094	25 generally, as of the date of this amendatory Act of the 92nd
6095	6095	26 General Assembly, are on a reimbursement basis shall continue
6096	6096
6097	6097
6098	6098
6099	6099
6100	6100
6101	6101	SB3777 - 171 - LRB103 39527 KTG 69733 b
6102	6102
6103	6103
6104	6104	SB3777- 172 -LRB103 39527 KTG 69733 b SB3777 - 172 - LRB103 39527 KTG 69733 b
6105	6105	SB3777 - 172 - LRB103 39527 KTG 69733 b
6106	6106	1 to be made to the district on a reimbursement basis, pursuant
6107	6107	2 to the provisions of this Code governing those programs.
6108	6108	3 (h) Notwithstanding any other provision of law, any school
6109	6109	4 district receiving a block grant under this Section may
6110	6110	5 classify all or a portion of the funds that it receives in a
6111	6111	6 particular fiscal year from any block grant authorized under
6112	6112	7 this Code or from general State aid pursuant to Section
6113	6113	8 18-8.05 of this Code (other than supplemental general State
6114	6114	9 aid) as funds received in connection with any funding program
6115	6115	10 for which it is entitled to receive funds from the State in
6116	6116	11 that fiscal year (including, without limitation, any funding
6117	6117	12 program referred to in subsection (c) of this Section),
6118	6118	13 regardless of the source or timing of the receipt. The
6119	6119	14 district may not classify more funds as funds received in
6120	6120	15 connection with the funding program than the district is
6121	6121	16 entitled to receive in that fiscal year for that program. Any
6122	6122	17 classification by a district must be made by a resolution of
6123	6123	18 its board of education. The resolution must identify the
6124	6124	19 amount of any block grant or general State aid to be classified
6125	6125	20 under this subsection (h) and must specify the funding program
6126	6126	21 to which the funds are to be treated as received in connection
6127	6127	22 therewith. This resolution is controlling as to the
6128	6128	23 classification of funds referenced therein. A certified copy
6129	6129	24 of the resolution must be sent to the State Superintendent of
6130	6130	25 Education. The resolution shall still take effect even though
6131	6131	26 a copy of the resolution has not been sent to the State
6132	6132
6133	6133
6134	6134
6135	6135
6136	6136
6137	6137	SB3777 - 172 - LRB103 39527 KTG 69733 b
6138	6138
6139	6139
6140	6140	SB3777- 173 -LRB103 39527 KTG 69733 b SB3777 - 173 - LRB103 39527 KTG 69733 b
6141	6141	SB3777 - 173 - LRB103 39527 KTG 69733 b
6142	6142	1 Superintendent of Education in a timely manner. No
6143	6143	2 classification under this subsection (h) by a district shall
6144	6144	3 affect the total amount or timing of money the district is
6145	6145	4 entitled to receive under this Code. No classification under
6146	6146	5 this subsection (h) by a district shall in any way relieve the
6147	6147	6 district from or affect any requirements that otherwise would
6148	6148	7 apply with respect to the block grant as provided in this
6149	6149	8 Section, including any accounting of funds by source,
6150	6150	9 reporting expenditures by original source and purpose,
6151	6151	10 reporting requirements, or requirements of provision of
6152	6152	11 services.
6153	6153	12 (Source: P.A. 100-465, eff. 8-31-17.)
6154	6154	13 (105 ILCS 5/2-3.47) (from Ch. 122, par. 2-3.47)
6155	6155	14 Sec. 2-3.47. The State Board of Education shall annually
6156	6156	15 submit a budget recommendation to the Governor and General
6157	6157	16 Assembly that contains recommendations for funding for
6158	6158	17 pre-school through grade 12 through Fiscal Year 2026. For
6159	6159	18 Fiscal Year 2027, and annually thereafter, the State Board of
6160	6160	19 Education shall submit a budget recommendation to the Governor
6161	6161	20 and General Assembly that contains recommendations for funding
6162	6162	21 for kindergarten through grade 12.
6163	6163	22 (Source: P.A. 98-739, eff. 7-16-14.)
6164	6164	23 (105 ILCS 5/2-3.64a-10)
6165	6165	24 Sec. 2-3.64a-10. Kindergarten assessment.
6166	6166
6167	6167
6168	6168
6169	6169
6170	6170
6171	6171	SB3777 - 173 - LRB103 39527 KTG 69733 b
6172	6172
6173	6173
6174	6174	SB3777- 174 -LRB103 39527 KTG 69733 b SB3777 - 174 - LRB103 39527 KTG 69733 b
6175	6175	SB3777 - 174 - LRB103 39527 KTG 69733 b
6176	6176	1 (a) For the purposes of this Section, "kindergarten"
6177	6177	2 includes both full-day and half-day kindergarten programs.
6178	6178	3 (b) Beginning no later than the 2021-2022 school year, the
6179	6179	4 State Board of Education shall annually assess all public
6180	6180	5 school students entering kindergarten using a common
6181	6181	6 assessment tool, unless the State Board determines that a
6182	6182	7 student is otherwise exempt. The common assessment tool must
6183	6183	8 assess multiple developmental domains, including literacy,
6184	6184	9 language, mathematics, and social and emotional development.
6185	6185	10 The assessment must be valid, reliable, and developmentally
6186	6186	11 appropriate to formatively assess a child's development and
6187	6187	12 readiness for kindergarten.
6188	6188	13 (c) Results from the assessment may be used by the school
6189	6189	14 to understand the child's development and readiness for
6190	6190	15 kindergarten, to tailor instruction, and to measure the
6191	6191	16 child's progress over time. Assessment results may also be
6192	6192	17 used to identify a need for the professional development of
6193	6193	18 teachers and early childhood educators and to inform
6194	6194	19 State-level and district-level policies and resource
6195	6195	20 allocation.
6196	6196	21 The school shall make the assessment results available to
6197	6197	22 the child's parent or guardian.
6198	6198	23 The assessment results may not be used (i) to prevent a
6199	6199	24 child from enrolling in kindergarten or (ii) as the sole
6200	6200	25 measure used in determining the grade promotion or retention
6201	6201	26 of a student.
6202	6202
6203	6203
6204	6204
6205	6205
6206	6206
6207	6207	SB3777 - 174 - LRB103 39527 KTG 69733 b
6208	6208
6209	6209
6210	6210	SB3777- 175 -LRB103 39527 KTG 69733 b SB3777 - 175 - LRB103 39527 KTG 69733 b
6211	6211	SB3777 - 175 - LRB103 39527 KTG 69733 b
6212	6212	1 (d) On an annual basis, the State Board shall report
6213	6213	2 publicly, at a minimum, data from the assessment for the State
6214	6214	3 overall and for each school district. The State Board's report
6215	6215	4 must disaggregate data by race and ethnicity, household
6216	6216	5 income, students who are English learners, and students who
6217	6217	6 have an individualized education program.
6218	6218	7 (e) The State Superintendent of Education shall appoint a
6219	6219	8 committee of no more than 22 21 members, including the
6220	6220	9 Secretary of Early Childhood or the Secretary's designee,
6221	6221	10 parents, teachers, school administrators, assessment experts,
6222	6222	11 regional superintendents of schools, state policy advocates,
6223	6223	12 early childhood administrators, and other stakeholders, to
6224	6224	13 review, on an ongoing basis, the content and design of the
6225	6225	14 assessment, the collective results of the assessment as
6226	6226	15 measured against kindergarten-readiness standards, and other
6227	6227	16 issues involving the assessment as identified by the
6228	6228	17 committee.
6229	6229	18 The committee shall make periodic recommendations to the
6230	6230	19 State Superintendent of Education and the General Assembly
6231	6231	20 concerning the assessments.
6232	6232	21 (f) The State Board may adopt rules to implement and
6233	6233	22 administer this Section.
6234	6234	23 (Source: P.A. 101-654, eff. 3-8-21; 102-635, eff. 11-30-21
6235	6235	24 (See Section 10 of P.A. 102-671 for effective date of P.A.
6236	6236	25 102-209).)
6237	6237
6238	6238
6239	6239
6240	6240
6241	6241
6242	6242	SB3777 - 175 - LRB103 39527 KTG 69733 b
6243	6243
6244	6244
6245	6245	SB3777- 176 -LRB103 39527 KTG 69733 b SB3777 - 176 - LRB103 39527 KTG 69733 b
6246	6246	SB3777 - 176 - LRB103 39527 KTG 69733 b
6247	6247	1 (105 ILCS 5/2-3.71) (from Ch. 122, par. 2-3.71)
6248	6248	2 Sec. 2-3.71. Grants for preschool educational programs.
6249	6249	3 (a) Preschool program.
6250	6250	4 (1) Through June 30, 2026, the The State Board of
6251	6251	5 Education shall implement and administer a grant program
6252	6252	6 under the provisions of this subsection which shall
6253	6253	7 consist of grants to public school districts and other
6254	6254	8 eligible entities, as defined by the State Board of
6255	6255	9 Education, to conduct voluntary preschool educational
6256	6256	10 programs for children ages 3 to 5 which include a parent
6257	6257	11 education component. A public school district which
6258	6258	12 receives grants under this subsection may subcontract with
6259	6259	13 other entities that are eligible to conduct a preschool
6260	6260	14 educational program. These grants must be used to
6261	6261	15 supplement, not supplant, funds received from any other
6262	6262	16 source.
6263	6263	17 (1.5) On and after July 1, 2026, the Department of
6264	6264	18 Early Childhood shall implement and administer a grant
6265	6265	19 program for school districts and other eligible entities,
6266	6266	20 as defined by the Department, to conduct voluntary
6267	6267	21 preschool educational programs for children ages 3 to 5
6268	6268	22 which include a parent education component. A public
6269	6269	23 school district which receives grants under this
6270	6270	24 subsection may subcontract with other entities that are
6271	6271	25 eligible to conduct a preschool educational program. These
6272	6272	26 grants must be used to supplement, not supplant, funds
6273	6273
6274	6274
6275	6275
6276	6276
6277	6277
6278	6278	SB3777 - 176 - LRB103 39527 KTG 69733 b
6279	6279
6280	6280
6281	6281	SB3777- 177 -LRB103 39527 KTG 69733 b SB3777 - 177 - LRB103 39527 KTG 69733 b
6282	6282	SB3777 - 177 - LRB103 39527 KTG 69733 b
6283	6283	1 received from any other source.
6284	6284	2 (2) (Blank).
6285	6285	3 (3) Except as otherwise provided under this subsection
6286	6286	4 (a), any teacher of preschool children in the program
6287	6287	5 authorized by this subsection shall hold a Professional
6288	6288	6 Educator License with an early childhood education
6289	6289	7 endorsement.
6290	6290	8 (3.5) Beginning with the 2018-2019 school year and
6291	6291	9 until the 2028-2029 school year, an individual may teach
6292	6292	10 preschool children in an early childhood program under
6293	6293	11 this Section if he or she holds a Professional Educator
6294	6294	12 License with an early childhood education endorsement or
6295	6295	13 with short-term approval for early childhood education or
6296	6296	14 he or she pursues a Professional Educator License and
6297	6297	15 holds any of the following:
6298	6298	16 (A) An ECE Credential Level of 5 awarded by the
6299	6299	17 Department of Human Services under the Gateways to
6300	6300	18 Opportunity Program developed under Section 10-70 of
6301	6301	19 the Department of Human Services Act.
6302	6302	20 (B) An Educator License with Stipulations with a
6303	6303	21 transitional bilingual educator endorsement and he or
6304	6304	22 she has (i) passed an early childhood education
6305	6305	23 content test or (ii) completed no less than 9 semester
6306	6306	24 hours of postsecondary coursework in the area of early
6307	6307	25 childhood education.
6308	6308	26 (4) (Blank).
6309	6309
6310	6310
6311	6311
6312	6312
6313	6313
6314	6314	SB3777 - 177 - LRB103 39527 KTG 69733 b
6315	6315
6316	6316
6317	6317	SB3777- 178 -LRB103 39527 KTG 69733 b SB3777 - 178 - LRB103 39527 KTG 69733 b
6318	6318	SB3777 - 178 - LRB103 39527 KTG 69733 b
6319	6319	1 (4.5) Through June 30, 2026, the State Board of
6320	6320	2 Education shall provide the primary source of funding
6321	6321	3 through appropriations for the program. On and after July
6322	6322	4 1, 2026, the Department of Early Childhood shall provide
6323	6323	5 the primary source of funding through appropriations for
6324	6324	6 the program. The State Board of Education shall provide
6325	6325	7 the primary source of funding through appropriations for
6326	6326	8 the program. Such funds shall be distributed to achieve a
6327	6327	9 goal of "Preschool for All Children" for the benefit of
6328	6328	10 all children whose families choose to participate in the
6329	6329	11 program. Based on available appropriations, newly funded
6330	6330	12 programs shall be selected through a process giving first
6331	6331	13 priority to qualified programs serving primarily at-risk
6332	6332	14 children and second priority to qualified programs serving
6333	6333	15 primarily children with a family income of less than 4
6334	6334	16 times the poverty guidelines updated periodically in the
6335	6335	17 Federal Register by the U.S. Department of Health and
6336	6336	18 Human Services under the authority of 42 U.S.C. 9902(2).
6337	6337	19 For purposes of this paragraph (4.5), at-risk children are
6338	6338	20 those who because of their home and community environment
6339	6339	21 are subject to such language, cultural, economic and like
6340	6340	22 disadvantages to cause them to have been determined as a
6341	6341	23 result of screening procedures to be at risk of academic
6342	6342	24 failure. Through June 30, 2026, such screening procedures
6343	6343	25 shall be based on criteria established by the State Board
6344	6344	26 of Education. On and after July 1, 2026, such screening
6345	6345
6346	6346
6347	6347
6348	6348
6349	6349
6350	6350	SB3777 - 178 - LRB103 39527 KTG 69733 b
6351	6351
6352	6352
6353	6353	SB3777- 179 -LRB103 39527 KTG 69733 b SB3777 - 179 - LRB103 39527 KTG 69733 b
6354	6354	SB3777 - 179 - LRB103 39527 KTG 69733 b
6355	6355	1 procedures shall be based on criteria established by the
6356	6356	2 Department of Early Childhood. Such screening procedures
6357	6357	3 shall be based on criteria established by the State Board
6358	6358	4 of Education.
6359	6359	5 Except as otherwise provided in this paragraph (4.5),
6360	6360	6 grantees under the program must enter into a memorandum of
6361	6361	7 understanding with the appropriate local Head Start
6362	6362	8 agency. This memorandum must be entered into no later than
6363	6363	9 3 months after the award of a grantee's grant under the
6364	6364	10 program, except that, in the case of the 2009-2010 program
6365	6365	11 year, the memorandum must be entered into no later than
6366	6366	12 the deadline set by the State Board of Education for
6367	6367	13 applications to participate in the program in fiscal year
6368	6368	14 2011, and must address collaboration between the grantee's
6369	6369	15 program and the local Head Start agency on certain issues,
6370	6370	16 which shall include without limitation the following:
6371	6371	17 (A) educational activities, curricular objectives,
6372	6372	18 and instruction;
6373	6373	19 (B) public information dissemination and access to
6374	6374	20 programs for families contacting programs;
6375	6375	21 (C) service areas;
6376	6376	22 (D) selection priorities for eligible children to
6377	6377	23 be served by programs;
6378	6378	24 (E) maximizing the impact of federal and State
6379	6379	25 funding to benefit young children;
6380	6380	26 (F) staff training, including opportunities for
6381	6381
6382	6382
6383	6383
6384	6384
6385	6385
6386	6386	SB3777 - 179 - LRB103 39527 KTG 69733 b
6387	6387
6388	6388
6389	6389	SB3777- 180 -LRB103 39527 KTG 69733 b SB3777 - 180 - LRB103 39527 KTG 69733 b
6390	6390	SB3777 - 180 - LRB103 39527 KTG 69733 b
6391	6391	1 joint staff training;
6392	6392	2 (G) technical assistance;
6393	6393	3 (H) communication and parent outreach for smooth
6394	6394	4 transitions to kindergarten;
6395	6395	5 (I) provision and use of facilities,
6396	6396	6 transportation, and other program elements;
6397	6397	7 (J) facilitating each program's fulfillment of its
6398	6398	8 statutory and regulatory requirements;
6399	6399	9 (K) improving local planning and collaboration;
6400	6400	10 and
6401	6401	11 (L) providing comprehensive services for the
6402	6402	12 neediest Illinois children and families.
6403	6403	13 Through June 30, 2026, if If the appropriate local Head
6404	6404	14 Start agency is unable or unwilling to enter into a
6405	6405	15 memorandum of understanding as required under this
6406	6406	16 paragraph (4.5), the memorandum of understanding
6407	6407	17 requirement shall not apply and the grantee under the
6408	6408	18 program must notify the State Board of Education in
6409	6409	19 writing of the Head Start agency's inability or
6410	6410	20 unwillingness. The State Board of Education shall compile
6411	6411	21 all such written notices and make them available to the
6412	6412	22 public. On and after July 1, 2026, if the appropriate
6413	6413	23 local Head Start agency is unable or unwilling to enter
6414	6414	24 into a memorandum of understanding as required under this
6415	6415	25 paragraph (4.5), the memorandum of understanding
6416	6416	26 requirement shall not apply and the grantee under the
6417	6417
6418	6418
6419	6419
6420	6420
6421	6421
6422	6422	SB3777 - 180 - LRB103 39527 KTG 69733 b
6423	6423
6424	6424
6425	6425	SB3777- 181 -LRB103 39527 KTG 69733 b SB3777 - 181 - LRB103 39527 KTG 69733 b
6426	6426	SB3777 - 181 - LRB103 39527 KTG 69733 b
6427	6427	1 program must notify the Department of Early Childhood in
6428	6428	2 writing of the Head Start agency's inability or
6429	6429	3 unwillingness. The Department of Early Childhood shall
6430	6430	4 compile all such written notices and make them available
6431	6431	5 to the public.
6432	6432	6 (5) Through June 30, 2026, the The State Board of
6433	6433	7 Education shall develop and provide evaluation tools,
6434	6434	8 including tests, that school districts and other eligible
6435	6435	9 entities may use to evaluate children for school readiness
6436	6436	10 prior to age 5. The State Board of Education shall require
6437	6437	11 school districts and other eligible entities to obtain
6438	6438	12 consent from the parents or guardians of children before
6439	6439	13 any evaluations are conducted. The State Board of
6440	6440	14 Education shall encourage local school districts and other
6441	6441	15 eligible entities to evaluate the population of preschool
6442	6442	16 children in their communities and provide preschool
6443	6443	17 programs, pursuant to this subsection, where appropriate.
6444	6444	18 (5.1) On and after July 1, 2026, the Department of
6445	6445	19 Early Childhood shall develop and provide evaluation
6446	6446	20 tools, including tests, that school districts and other
6447	6447	21 eligible entities may use to evaluate children for school
6448	6448	22 readiness prior to age 5. The Department of Early
6449	6449	23 Childhood shall require school districts and other
6450	6450	24 eligible entities to obtain consent from the parents or
6451	6451	25 guardians of children before any evaluations are
6452	6452	26 conducted. The Department of Early Childhood shall
6453	6453
6454	6454
6455	6455
6456	6456
6457	6457
6458	6458	SB3777 - 181 - LRB103 39527 KTG 69733 b
6459	6459
6460	6460
6461	6461	SB3777- 182 -LRB103 39527 KTG 69733 b SB3777 - 182 - LRB103 39527 KTG 69733 b
6462	6462	SB3777 - 182 - LRB103 39527 KTG 69733 b
6463	6463	1 encourage local school districts and other eligible
6464	6464	2 entities to evaluate the population of preschool children
6465	6465	3 in their communities and provide preschool programs,
6466	6466	4 pursuant to this subsection, where appropriate.
6467	6467	5 (6) Through June 30, 2026, the The State Board of
6468	6468	6 Education shall report to the General Assembly by November
6469	6469	7 1, 2018 and every 2 years thereafter on the results and
6470	6470	8 progress of students who were enrolled in preschool
6471	6471	9 educational programs, including an assessment of which
6472	6472	10 programs have been most successful in promoting academic
6473	6473	11 excellence and alleviating academic failure. Through June
6474	6474	12 30, 2026, the The State Board of Education shall assess
6475	6475	13 the academic progress of all students who have been
6476	6476	14 enrolled in preschool educational programs.
6477	6477	15 Through fiscal year 2026, on On or before November 1
6478	6478	16 of each fiscal year in which the General Assembly provides
6479	6479	17 funding for new programs under paragraph (4.5) of this
6480	6480	18 Section, the State Board of Education shall report to the
6481	6481	19 General Assembly on what percentage of new funding was
6482	6482	20 provided to programs serving primarily at-risk children,
6483	6483	21 what percentage of new funding was provided to programs
6484	6484	22 serving primarily children with a family income of less
6485	6485	23 than 4 times the federal poverty level, and what
6486	6486	24 percentage of new funding was provided to other programs.
6487	6487	25 (6.1) On and after July 1, 2026, the Department of
6488	6488	26 Early Childhood shall report to the General Assembly by
6489	6489
6490	6490
6491	6491
6492	6492
6493	6493
6494	6494	SB3777 - 182 - LRB103 39527 KTG 69733 b
6495	6495
6496	6496
6497	6497	SB3777- 183 -LRB103 39527 KTG 69733 b SB3777 - 183 - LRB103 39527 KTG 69733 b
6498	6498	SB3777 - 183 - LRB103 39527 KTG 69733 b
6499	6499	1 November 1, 2026 and every 2 years thereafter on the
6500	6500	2 results and progress of students who were enrolled in
6501	6501	3 preschool educational programs, including an assessment of
6502	6502	4 which programs have been most successful in promoting
6503	6503	5 academic excellence and alleviating academic failure. On
6504	6504	6 and after July 1, 2026, the Department of Early Childhood
6505	6505	7 shall assess the academic progress of all students who
6506	6506	8 have been enrolled in preschool educational programs.
6507	6507	9 Beginning in fiscal year 2027, on or before November 1 of
6508	6508	10 each fiscal year in which the General Assembly provides
6509	6509	11 funding for new programs under paragraph (4.5) of this
6510	6510	12 Section, the Department of Early Childhood shall report to
6511	6511	13 the General Assembly on what percentage of new funding was
6512	6512	14 provided to programs serving primarily at-risk children,
6513	6513	15 what percentage of new funding was provided to programs
6514	6514	16 serving primarily children with a family income of less
6515	6515	17 than 4 times the federal poverty level, and what
6516	6516	18 percentage of new funding was provided to other programs.
6517	6517	19 (7) Due to evidence that expulsion practices in the
6518	6518	20 preschool years are linked to poor child outcomes and are
6519	6519	21 employed inconsistently across racial and gender groups,
6520	6520	22 early childhood programs receiving State funds under this
6521	6521	23 subsection (a) shall prohibit expulsions. Planned
6522	6522	24 transitions to settings that are able to better meet a
6523	6523	25 child's needs are not considered expulsion under this
6524	6524	26 paragraph (7).
6525	6525
6526	6526
6527	6527
6528	6528
6529	6529
6530	6530	SB3777 - 183 - LRB103 39527 KTG 69733 b
6531	6531
6532	6532
6533	6533	SB3777- 184 -LRB103 39527 KTG 69733 b SB3777 - 184 - LRB103 39527 KTG 69733 b
6534	6534	SB3777 - 184 - LRB103 39527 KTG 69733 b
6535	6535	1 (A) When persistent and serious challenging
6536	6536	2 behaviors emerge, the early childhood program shall
6537	6537	3 document steps taken to ensure that the child can
6538	6538	4 participate safely in the program; including
6539	6539	5 observations of initial and ongoing challenging
6540	6540	6 behaviors, strategies for remediation and intervention
6541	6541	7 plans to address the behaviors, and communication with
6542	6542	8 the parent or legal guardian, including participation
6543	6543	9 of the parent or legal guardian in planning and
6544	6544	10 decision-making.
6545	6545	11 (B) The early childhood program shall, with
6546	6546	12 parental or legal guardian consent as required,
6547	6547	13 utilize a range of community resources, if available
6548	6548	14 and deemed necessary, including, but not limited to,
6549	6549	15 developmental screenings, referrals to programs and
6550	6550	16 services administered by a local educational agency or
6551	6551	17 early intervention agency under Parts B and C of the
6552	6552	18 federal Individual with Disabilities Education Act,
6553	6553	19 and consultation with infant and early childhood
6554	6554	20 mental health consultants and the child's health care
6555	6555	21 provider. The program shall document attempts to
6556	6556	22 engage these resources, including parent or legal
6557	6557	23 guardian participation and consent attempted and
6558	6558	24 obtained. Communication with the parent or legal
6559	6559	25 guardian shall take place in a culturally and
6560	6560	26 linguistically competent manner.
6561	6561
6562	6562
6563	6563
6564	6564
6565	6565
6566	6566	SB3777 - 184 - LRB103 39527 KTG 69733 b
6567	6567
6568	6568
6569	6569	SB3777- 185 -LRB103 39527 KTG 69733 b SB3777 - 185 - LRB103 39527 KTG 69733 b
6570	6570	SB3777 - 185 - LRB103 39527 KTG 69733 b
6571	6571	1 (C) If there is documented evidence that all
6572	6572	2 available interventions and supports recommended by a
6573	6573	3 qualified professional have been exhausted and the
6574	6574	4 program determines in its professional judgment that
6575	6575	5 transitioning a child to another program is necessary
6576	6576	6 for the well-being of the child or his or her peers and
6577	6577	7 staff, with parent or legal guardian permission, both
6578	6578	8 the current and pending programs shall create a
6579	6579	9 transition plan designed to ensure continuity of
6580	6580	10 services and the comprehensive development of the
6581	6581	11 child. Communication with families shall occur in a
6582	6582	12 culturally and linguistically competent manner.
6583	6583	13 (D) Nothing in this paragraph (7) shall preclude a
6584	6584	14 parent's or legal guardian's right to voluntarily
6585	6585	15 withdraw his or her child from an early childhood
6586	6586	16 program. Early childhood programs shall request and
6587	6587	17 keep on file, when received, a written statement from
6588	6588	18 the parent or legal guardian stating the reason for
6589	6589	19 his or her decision to withdraw his or her child.
6590	6590	20 (E) In the case of the determination of a serious
6591	6591	21 safety threat to a child or others or in the case of
6592	6592	22 behaviors listed in subsection (d) of Section 10-22.6
6593	6593	23 of this Code, the temporary removal of a child from
6594	6594	24 attendance in group settings may be used. Temporary
6595	6595	25 removal of a child from attendance in a group setting
6596	6596	26 shall trigger the process detailed in subparagraphs
6597	6597
6598	6598
6599	6599
6600	6600
6601	6601
6602	6602	SB3777 - 185 - LRB103 39527 KTG 69733 b
6603	6603
6604	6604
6605	6605	SB3777- 186 -LRB103 39527 KTG 69733 b SB3777 - 186 - LRB103 39527 KTG 69733 b
6606	6606	SB3777 - 186 - LRB103 39527 KTG 69733 b
6607	6607	1 (A), (B), and (C) of this paragraph (7), with the child
6608	6608	2 placed back in a group setting as quickly as possible.
6609	6609	3 (F) Early childhood programs may utilize and the
6610	6610	4 Department of Early Childhood, State Board of
6611	6611	5 Education, the Department of Human Services, and the
6612	6612	6 Department of Children and Family Services shall
6613	6613	7 recommend training, technical support, and
6614	6614	8 professional development resources to improve the
6615	6615	9 ability of teachers, administrators, program
6616	6616	10 directors, and other staff to promote social-emotional
6617	6617	11 development and behavioral health, to address
6618	6618	12 challenging behaviors, and to understand trauma and
6619	6619	13 trauma-informed care, cultural competence, family
6620	6620	14 engagement with diverse populations, the impact of
6621	6621	15 implicit bias on adult behavior, and the use of
6622	6622	16 reflective practice techniques. Support shall include
6623	6623	17 the availability of resources to contract with infant
6624	6624	18 and early childhood mental health consultants.
6625	6625	19 (G) Through June 30, 2026 Beginning on July 1,
6626	6626	20 2018, early childhood programs shall annually report
6627	6627	21 to the State Board of Education, and, beginning in
6628	6628	22 fiscal year 2020, the State Board of Education shall
6629	6629	23 make available on a biennial basis, in an existing
6630	6630	24 report, all of the following data for children from
6631	6631	25 birth to age 5 who are served by the program:
6632	6632	26 (i) Total number served over the course of the
6633	6633
6634	6634
6635	6635
6636	6636
6637	6637
6638	6638	SB3777 - 186 - LRB103 39527 KTG 69733 b
6639	6639
6640	6640
6641	6641	SB3777- 187 -LRB103 39527 KTG 69733 b SB3777 - 187 - LRB103 39527 KTG 69733 b
6642	6642	SB3777 - 187 - LRB103 39527 KTG 69733 b
6643	6643	1 program year and the total number of children who
6644	6644	2 left the program during the program year.
6645	6645	3 (ii) Number of planned transitions to another
6646	6646	4 program due to children's behavior, by children's
6647	6647	5 race, gender, disability, language, class/group
6648	6648	6 size, teacher-child ratio, and length of program
6649	6649	7 day.
6650	6650	8 (iii) Number of temporary removals of a child
6651	6651	9 from attendance in group settings due to a serious
6652	6652	10 safety threat under subparagraph (E) of this
6653	6653	11 paragraph (7), by children's race, gender,
6654	6654	12 disability, language, class/group size,
6655	6655	13 teacher-child ratio, and length of program day.
6656	6656	14 (iv) Hours of infant and early childhood
6657	6657	15 mental health consultant contact with program
6658	6658	16 leaders, staff, and families over the program
6659	6659	17 year.
6660	6660	18 (G-5) On and after July 1, 2026, early childhood
6661	6661	19 programs shall annually report to the Department of
6662	6662	20 Early Childhood, and beginning in fiscal year 2028,
6663	6663	21 the Department of Early Childhood shall make available
6664	6664	22 on a biennial basis, in a report, all of the following
6665	6665	23 data for children from birth to age 5 who are served by
6666	6666	24 the program:
6667	6667	25 (i) Total number served over the course of the
6668	6668	26 program year and the total number of children who
6669	6669
6670	6670
6671	6671
6672	6672
6673	6673
6674	6674	SB3777 - 187 - LRB103 39527 KTG 69733 b
6675	6675
6676	6676
6677	6677	SB3777- 188 -LRB103 39527 KTG 69733 b SB3777 - 188 - LRB103 39527 KTG 69733 b
6678	6678	SB3777 - 188 - LRB103 39527 KTG 69733 b
6679	6679	1 left the program during the program year.
6680	6680	2 (ii) Number of planned transitions to another
6681	6681	3 program due to children's behavior, by children's
6682	6682	4 race, gender, disability, language, class/group
6683	6683	5 size, teacher-child ratio, and length of program
6684	6684	6 day.
6685	6685	7 (iii) Number of temporary removals of a child
6686	6686	8 from attendance in group settings due to a serious
6687	6687	9 safety threat under subparagraph (E) of this
6688	6688	10 paragraph (7), by children's race, gender,
6689	6689	11 disability, language, class/group size,
6690	6690	12 teacher-child ratio, and length of program day.
6691	6691	13 (iv) Hours of infant and early childhood
6692	6692	14 mental health consultant contact with program
6693	6693	15 leaders, staff, and families over the program
6694	6694	16 year.
6695	6695	17 (H) Changes to services for children with an
6696	6696	18 individualized education program or individual family
6697	6697	19 service plan shall be construed in a manner consistent
6698	6698	20 with the federal Individuals with Disabilities
6699	6699	21 Education Act.
6700	6700	22 The Department of Early Childhood State Board of
6701	6701	23 Education, in consultation with the Governor's Office of
6702	6702	24 Early Childhood Development and the Department of Children
6703	6703	25 and Family Services, shall adopt rules to administer this
6704	6704	26 paragraph (7).
6705	6705
6706	6706
6707	6707
6708	6708
6709	6709
6710	6710	SB3777 - 188 - LRB103 39527 KTG 69733 b
6711	6711
6712	6712
6713	6713	SB3777- 189 -LRB103 39527 KTG 69733 b SB3777 - 189 - LRB103 39527 KTG 69733 b
6714	6714	SB3777 - 189 - LRB103 39527 KTG 69733 b
6715	6715	1 (b) (Blank).
6716	6716	2 (c) Notwithstanding any other provisions of this Section,
6717	6717	3 grantees may serve children ages 0 to 12 of essential workers
6718	6718	4 if the Governor has declared a disaster due to a public health
6719	6719	5 emergency pursuant to Section 7 of the Illinois Emergency
6720	6720	6 Management Agency Act. For the purposes of this subsection,
6721	6721	7 essential workers include those outlined in Executive Order
6722	6722	8 20-8 and school employees. The State Board of Education shall
6723	6723	9 adopt rules to administer this subsection.
6724	6724	10 (d) Paragraphs (a)(1), (a)(1.5), (a)(4.5), (a)(5),
6725	6725	11 (a)(5.1), (a)(6), and (a)(7) and subsection (c) of this
6726	6726	12 Section are inoperative on and after July 1, 2026.
6727	6727	13 (Source: P.A. 103-111, eff. 6-29-23.)
6728	6728	14 (105 ILCS 5/2-3.71a) (from Ch. 122, par. 2-3.71a)
6729	6729	15 Sec. 2-3.71a. Grants for early childhood parental training
6730	6730	16 programs. The State Board of Education shall implement and
6731	6731	17 administer a grant program consisting of grants to public
6732	6732	18 school districts and other eligible entities, as defined by
6733	6733	19 the State Board of Education, to conduct early childhood
6734	6734	20 parental training programs for the parents of children in the
6735	6735	21 period of life from birth to kindergarten. A public school
6736	6736	22 district that receives grants under this Section may contract
6737	6737	23 with other eligible entities to conduct an early childhood
6738	6738	24 parental training program. These grants must be used to
6739	6739	25 supplement, not supplant, funds received from any other
6740	6740
6741	6741
6742	6742
6743	6743
6744	6744
6745	6745	SB3777 - 189 - LRB103 39527 KTG 69733 b
6746	6746
6747	6747
6748	6748	SB3777- 190 -LRB103 39527 KTG 69733 b SB3777 - 190 - LRB103 39527 KTG 69733 b
6749	6749	SB3777 - 190 - LRB103 39527 KTG 69733 b
6750	6750	1 source. A school board or other eligible entity shall employ
6751	6751	2 appropriately qualified personnel for its early childhood
6752	6752	3 parental training program, including but not limited to
6753	6753	4 certified teachers, counselors, psychiatrists, psychologists
6754	6754	5 and social workers.
6755	6755	6 (a) As used in this Section, "parental training" means and
6756	6756	7 includes instruction in the following:
6757	6757	8 (1) Child growth and development, including prenatal
6758	6758	9 development.
6759	6759	10 (2) Childbirth and child care.
6760	6760	11 (3) Family structure, function and management.
6761	6761	12 (4) Prenatal and postnatal care for mothers and
6762	6762	13 infants.
6763	6763	14 (5) Prevention of child abuse.
6764	6764	15 (6) The physical, mental, emotional, social, economic
6765	6765	16 and psychological aspects of interpersonal and family
6766	6766	17 relationships.
6767	6767	18 (7) Parenting skill development.
6768	6768	19 The programs shall include activities that require
6769	6769	20 substantial participation and interaction between parent and
6770	6770	21 child.
6771	6771	22 (b) The Board shall annually award funds through a grant
6772	6772	23 approval process established by the State Board of Education,
6773	6773	24 providing that an annual appropriation is made for this
6774	6774	25 purpose from State, federal or private funds. Nothing in this
6775	6775	26 Section shall preclude school districts from applying for or
6776	6776
6777	6777
6778	6778
6779	6779
6780	6780
6781	6781	SB3777 - 190 - LRB103 39527 KTG 69733 b
6782	6782
6783	6783
6784	6784	SB3777- 191 -LRB103 39527 KTG 69733 b SB3777 - 191 - LRB103 39527 KTG 69733 b
6785	6785	SB3777 - 191 - LRB103 39527 KTG 69733 b
6786	6786	1 accepting private funds to establish and implement programs.
6787	6787	2 (c) The State Board of Education shall assist those
6788	6788	3 districts and other eligible entities offering early childhood
6789	6789	4 parental training programs, upon request, in developing
6790	6790	5 instructional materials, training teachers and staff, and
6791	6791	6 establishing appropriate time allotments for each of the areas
6792	6792	7 included in such instruction.
6793	6793	8 (d) School districts and other eligible entities may offer
6794	6794	9 early childhood parental training courses during that period
6795	6795	10 of the day which is not part of the regular school day.
6796	6796	11 Residents of the community may enroll in such courses. The
6797	6797	12 school board or other eligible entity may establish fees and
6798	6798	13 collect such charges as may be necessary for attendance at
6799	6799	14 such courses in an amount not to exceed the per capita cost of
6800	6800	15 the operation thereof, except that the board or other eligible
6801	6801	16 entity may waive all or part of such charges if it determines
6802	6802	17 that the parent is indigent or that the educational needs of
6803	6803	18 the parent require his or her attendance at such courses.
6804	6804	19 (e) Parents who participate in early childhood parental
6805	6805	20 training programs under this Section may be eligible for
6806	6806	21 reasonable reimbursement of any incidental transportation and
6807	6807	22 child care expenses from the school district receiving funds
6808	6808	23 pursuant to this Section.
6809	6809	24 (f) Districts and other eligible entities receiving grants
6810	6810	25 pursuant to this Section shall coordinate programs created
6811	6811	26 under this Section with other preschool educational programs,
6812	6812
6813	6813
6814	6814
6815	6815
6816	6816
6817	6817	SB3777 - 191 - LRB103 39527 KTG 69733 b
6818	6818
6819	6819
6820	6820	SB3777- 192 -LRB103 39527 KTG 69733 b SB3777 - 192 - LRB103 39527 KTG 69733 b
6821	6821	SB3777 - 192 - LRB103 39527 KTG 69733 b
6822	6822	1 including "at-risk" preschool programs, special and vocational
6823	6823	2 education, and related services provided by other governmental
6824	6824	3 agencies and not-for-profit agencies.
6825	6825	4 (g) The State Board of Education shall report to the
6826	6826	5 General Assembly by July 1, 1991, on the results of the
6827	6827	6 programs funded pursuant to this Section and whether a need
6828	6828	7 continues for such programs.
6829	6829	8 (h) After July 1, 2006, any parental training services
6830	6830	9 funded pursuant to this Section on the effective date of this
6831	6831	10 amendatory Act of the 94th General Assembly shall continue to
6832	6832	11 be funded pursuant to this Section, subject to appropriation
6833	6833	12 and the meeting of program standards. Any additional parental
6834	6834	13 training services must be funded, subject to appropriation,
6835	6835	14 through preschool education grants pursuant to subdivision (4)
6836	6836	15 of subsection (a) of Section 2-3.71 of this Code for families
6837	6837	16 with children ages 3 to 5 and through prevention initiative
6838	6838	17 grants pursuant to subsection (b) of Section 2-3.89 of this
6839	6839	18 Code for expecting families and those with children from birth
6840	6840	19 to 3 years of age.
6841	6841	20 (i) Early childhood programs under this Section are
6842	6842	21 subject to the requirements under paragraph (7) of subsection
6843	6843	22 (a) of Section 2-3.71 of this Code.
6844	6844	23 (j) This Section is repealed on July 1, 2026.
6845	6845	24 (Source: P.A. 100-105, eff. 1-1-18.)
6846	6846	25 (105 ILCS 5/2-3.79) (from Ch. 122, par. 2-3.79)
6847	6847
6848	6848
6849	6849
6850	6850
6851	6851
6852	6852	SB3777 - 192 - LRB103 39527 KTG 69733 b
6853	6853
6854	6854
6855	6855	SB3777- 193 -LRB103 39527 KTG 69733 b SB3777 - 193 - LRB103 39527 KTG 69733 b
6856	6856	SB3777 - 193 - LRB103 39527 KTG 69733 b
6857	6857	1 Sec. 2-3.79. Pilot programs and special education services
6858	6858	2 for preschool children with disabilities from birth to age 3.
6859	6859	3 The State Board of Education may enter into contracts with
6860	6860	4 public or not-for-profit private organizations or agencies to
6861	6861	5 establish model pilot programs which provide services to
6862	6862	6 children with disabilities from birth up to the age of 3 years.
6863	6863	7 Annual grants shall be awarded on a competitive basis pursuant
6864	6864	8 to established criteria provided that there is an annual
6865	6865	9 appropriation for this purpose. Public or not-for-profit
6866	6866	10 private organizations or agencies that are providing services
6867	6867	11 to children with disabilities up to the age of 3 years prior to
6868	6868	12 September 22, 1985 are eligible to receive grants awarded
6869	6869	13 pursuant to this Section.
6870	6870	14 Each pilot program shall include, but not be limited to: a
6871	6871	15 process for identification of infants with disabilities in the
6872	6872	16 region; community awareness of the project and the services
6873	6873	17 provided; an intervention system; methods to assess and
6874	6874	18 diagnose infants with disabilities; written individual
6875	6875	19 treatment programs that include parental involvement; an
6876	6876	20 interdisciplinary treatment approach to include other agencies
6877	6877	21 and not-for-profit organizations; and a written evaluation
6878	6878	22 submitted to the State Board of Education at the end of the
6879	6879	23 grant period.
6880	6880	24 An Interagency Coordination Council shall be established
6881	6881	25 consisting of a representative of the State Superintendent of
6882	6882	26 Education who shall serve as chairman, and one representative
6883	6883
6884	6884
6885	6885
6886	6886
6887	6887
6888	6888	SB3777 - 193 - LRB103 39527 KTG 69733 b
6889	6889
6890	6890
6891	6891	SB3777- 194 -LRB103 39527 KTG 69733 b SB3777 - 194 - LRB103 39527 KTG 69733 b
6892	6892	SB3777 - 194 - LRB103 39527 KTG 69733 b
6893	6893	1 from the following departments appointed by the respective
6894	6894	2 directors or secretary: Children and Family Services, Public
6895	6895	3 Health, Human Services, Public Aid, and the Division of
6896	6896	4 Specialized Care for Children of the University of Illinois.
6897	6897	5 The council shall recommend criteria to the State Board of
6898	6898	6 Education for the awarding of grants pursuant to this Section
6899	6899	7 and shall assist in coordinating the services provided by
6900	6900	8 agencies to the children with disabilities described in this
6901	6901	9 Section.
6902	6902	10 A report containing recommendations concerning all of the
6903	6903	11 pilot programs shall be submitted by the State Board of
6904	6904	12 Education to the General Assembly by January of 1989. The
6905	6905	13 report which shall analyze the results of the pilot programs
6906	6906	14 funded under this Section and make recommendations concerning
6907	6907	15 existing and proposed programs shall include, but not be
6908	6908	16 limited to: recommendations for staff licensure and
6909	6909	17 qualifications; the number of children and families eligible
6910	6910	18 for services statewide; the cost of serving the children and
6911	6911	19 their families; the types of services to be provided; and
6912	6912	20 designs for the most effective delivery systems of these
6913	6913	21 services.
6914	6914	22 This Section is repealed on July 1, 2026.
6915	6915	23 (Source: P.A. 89-397, eff. 8-20-95; 89-507, eff. 7-1-97.)
6916	6916	24 (105 ILCS 5/2-3.89) (from Ch. 122, par. 2-3.89)
6917	6917	25 Sec. 2-3.89. Programs concerning services to at-risk
6918	6918
6919	6919
6920	6920
6921	6921
6922	6922
6923	6923	SB3777 - 194 - LRB103 39527 KTG 69733 b
6924	6924
6925	6925
6926	6926	SB3777- 195 -LRB103 39527 KTG 69733 b SB3777 - 195 - LRB103 39527 KTG 69733 b
6927	6927	SB3777 - 195 - LRB103 39527 KTG 69733 b
6928	6928	1 children and their families.
6929	6929	2 (a) The State Board of Education may provide grants to
6930	6930	3 eligible entities, as defined by the State Board of Education,
6931	6931	4 to establish programs which offer coordinated services to
6932	6932	5 at-risk infants and toddlers and their families. Each program
6933	6933	6 shall include a parent education program relating to the
6934	6934	7 development and nurturing of infants and toddlers and case
6935	6935	8 management services to coordinate existing services available
6936	6936	9 in the region served by the program. These services shall be
6937	6937	10 provided through the implementation of an individual family
6938	6938	11 service plan. Each program will have a community involvement
6939	6939	12 component to provide coordination in the service system.
6940	6940	13 (b) The State Board of Education shall administer the
6941	6941	14 programs through the grants to public school districts and
6942	6942	15 other eligible entities. These grants must be used to
6943	6943	16 supplement, not supplant, funds received from any other
6944	6944	17 source. School districts and other eligible entities receiving
6945	6945	18 grants pursuant to this Section shall conduct voluntary,
6946	6946	19 intensive, research-based, and comprehensive prevention
6947	6947	20 services, as defined by the State Board of Education, for
6948	6948	21 expecting parents and families with children from birth to age
6949	6949	22 3 who are at-risk of academic failure. A public school
6950	6950	23 district that receives a grant under this Section may
6951	6951	24 subcontract with other eligible entities.
6952	6952	25 (c) The State Board of Education shall report to the
6953	6953	26 General Assembly by July 1, 2006 and every 2 years thereafter,
6954	6954
6955	6955
6956	6956
6957	6957
6958	6958
6959	6959	SB3777 - 195 - LRB103 39527 KTG 69733 b
6960	6960
6961	6961
6962	6962	SB3777- 196 -LRB103 39527 KTG 69733 b SB3777 - 196 - LRB103 39527 KTG 69733 b
6963	6963	SB3777 - 196 - LRB103 39527 KTG 69733 b
6964	6964	1 using the most current data available, on the status of
6965	6965	2 programs funded under this Section, including without
6966	6966	3 limitation characteristics of participants, services
6967	6967	4 delivered, program models used, unmet needs, and results of
6968	6968	5 the programs funded.
6969	6969	6 (Source: P.A. 96-734, eff. 8-25-09.)
6970	6970	7 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
6971	6971	8 (Text of Section before amendment by P.A. 102-466)
6972	6972	9 Sec. 10-22.6. Suspension or expulsion of pupils; school
6973	6973	10 searches.
6974	6974	11 (a) To expel pupils guilty of gross disobedience or
6975	6975	12 misconduct, including gross disobedience or misconduct
6976	6976	13 perpetuated by electronic means, pursuant to subsection (b-20)
6977	6977	14 of this Section, and no action shall lie against them for such
6978	6978	15 expulsion. Expulsion shall take place only after the parents
6979	6979	16 have been requested to appear at a meeting of the board, or
6980	6980	17 with a hearing officer appointed by it, to discuss their
6981	6981	18 child's behavior. Such request shall be made by registered or
6982	6982	19 certified mail and shall state the time, place and purpose of
6983	6983	20 the meeting. The board, or a hearing officer appointed by it,
6984	6984	21 at such meeting shall state the reasons for dismissal and the
6985	6985	22 date on which the expulsion is to become effective. If a
6986	6986	23 hearing officer is appointed by the board, he shall report to
6987	6987	24 the board a written summary of the evidence heard at the
6988	6988	25 meeting and the board may take such action thereon as it finds
6989	6989
6990	6990
6991	6991
6992	6992
6993	6993
6994	6994	SB3777 - 196 - LRB103 39527 KTG 69733 b
6995	6995
6996	6996
6997	6997	SB3777- 197 -LRB103 39527 KTG 69733 b SB3777 - 197 - LRB103 39527 KTG 69733 b
6998	6998	SB3777 - 197 - LRB103 39527 KTG 69733 b
6999	6999	1 appropriate. If the board acts to expel a pupil, the written
7000	7000	2 expulsion decision shall detail the specific reasons why
7001	7001	3 removing the pupil from the learning environment is in the
7002	7002	4 best interest of the school. The expulsion decision shall also
7003	7003	5 include a rationale as to the specific duration of the
7004	7004	6 expulsion. An expelled pupil may be immediately transferred to
7005	7005	7 an alternative program in the manner provided in Article 13A
7006	7006	8 or 13B of this Code. A pupil must not be denied transfer
7007	7007	9 because of the expulsion, except in cases in which such
7008	7008	10 transfer is deemed to cause a threat to the safety of students
7009	7009	11 or staff in the alternative program.
7010	7010	12 (b) To suspend or by policy to authorize the
7011	7011	13 superintendent of the district or the principal, assistant
7012	7012	14 principal, or dean of students of any school to suspend pupils
7013	7013	15 guilty of gross disobedience or misconduct, or to suspend
7014	7014	16 pupils guilty of gross disobedience or misconduct on the
7015	7015	17 school bus from riding the school bus, pursuant to subsections
7016	7016	18 (b-15) and (b-20) of this Section, and no action shall lie
7017	7017	19 against them for such suspension. The board may by policy
7018	7018	20 authorize the superintendent of the district or the principal,
7019	7019	21 assistant principal, or dean of students of any school to
7020	7020	22 suspend pupils guilty of such acts for a period not to exceed
7021	7021	23 10 school days. If a pupil is suspended due to gross
7022	7022	24 disobedience or misconduct on a school bus, the board may
7023	7023	25 suspend the pupil in excess of 10 school days for safety
7024	7024	26 reasons.
7025	7025
7026	7026
7027	7027
7028	7028
7029	7029
7030	7030	SB3777 - 197 - LRB103 39527 KTG 69733 b
7031	7031
7032	7032
7033	7033	SB3777- 198 -LRB103 39527 KTG 69733 b SB3777 - 198 - LRB103 39527 KTG 69733 b
7034	7034	SB3777 - 198 - LRB103 39527 KTG 69733 b
7035	7035	1 Any suspension shall be reported immediately to the
7036	7036	2 parents or guardian of a pupil along with a full statement of
7037	7037	3 the reasons for such suspension and a notice of their right to
7038	7038	4 a review. The school board must be given a summary of the
7039	7039	5 notice, including the reason for the suspension and the
7040	7040	6 suspension length. Upon request of the parents or guardian,
7041	7041	7 the school board or a hearing officer appointed by it shall
7042	7042	8 review such action of the superintendent or principal,
7043	7043	9 assistant principal, or dean of students. At such review, the
7044	7044	10 parents or guardian of the pupil may appear and discuss the
7045	7045	11 suspension with the board or its hearing officer. If a hearing
7046	7046	12 officer is appointed by the board, he shall report to the board
7047	7047	13 a written summary of the evidence heard at the meeting. After
7048	7048	14 its hearing or upon receipt of the written report of its
7049	7049	15 hearing officer, the board may take such action as it finds
7050	7050	16 appropriate. If a student is suspended pursuant to this
7051	7051	17 subsection (b), the board shall, in the written suspension
7052	7052	18 decision, detail the specific act of gross disobedience or
7053	7053	19 misconduct resulting in the decision to suspend. The
7054	7054	20 suspension decision shall also include a rationale as to the
7055	7055	21 specific duration of the suspension. A pupil who is suspended
7056	7056	22 in excess of 20 school days may be immediately transferred to
7057	7057	23 an alternative program in the manner provided in Article 13A
7058	7058	24 or 13B of this Code. A pupil must not be denied transfer
7059	7059	25 because of the suspension, except in cases in which such
7060	7060	26 transfer is deemed to cause a threat to the safety of students
7061	7061
7062	7062
7063	7063
7064	7064
7065	7065
7066	7066	SB3777 - 198 - LRB103 39527 KTG 69733 b
7067	7067
7068	7068
7069	7069	SB3777- 199 -LRB103 39527 KTG 69733 b SB3777 - 199 - LRB103 39527 KTG 69733 b
7070	7070	SB3777 - 199 - LRB103 39527 KTG 69733 b
7071	7071	1 or staff in the alternative program.
7072	7072	2 (b-5) Among the many possible disciplinary interventions
7073	7073	3 and consequences available to school officials, school
7074	7074	4 exclusions, such as out-of-school suspensions and expulsions,
7075	7075	5 are the most serious. School officials shall limit the number
7076	7076	6 and duration of expulsions and suspensions to the greatest
7077	7077	7 extent practicable, and it is recommended that they use them
7078	7078	8 only for legitimate educational purposes. To ensure that
7079	7079	9 students are not excluded from school unnecessarily, it is
7080	7080	10 recommended that school officials consider forms of
7081	7081	11 non-exclusionary discipline prior to using out-of-school
7082	7082	12 suspensions or expulsions.
7083	7083	13 (b-10) Unless otherwise required by federal law or this
7084	7084	14 Code, school boards may not institute zero-tolerance policies
7085	7085	15 by which school administrators are required to suspend or
7086	7086	16 expel students for particular behaviors.
7087	7087	17 (b-15) Out-of-school suspensions of 3 days or less may be
7088	7088	18 used only if the student's continuing presence in school would
7089	7089	19 pose a threat to school safety or a disruption to other
7090	7090	20 students' learning opportunities. For purposes of this
7091	7091	21 subsection (b-15), "threat to school safety or a disruption to
7092	7092	22 other students' learning opportunities" shall be determined on
7093	7093	23 a case-by-case basis by the school board or its designee.
7094	7094	24 School officials shall make all reasonable efforts to resolve
7095	7095	25 such threats, address such disruptions, and minimize the
7096	7096	26 length of suspensions to the greatest extent practicable.
7097	7097
7098	7098
7099	7099
7100	7100
7101	7101
7102	7102	SB3777 - 199 - LRB103 39527 KTG 69733 b
7103	7103
7104	7104
7105	7105	SB3777- 200 -LRB103 39527 KTG 69733 b SB3777 - 200 - LRB103 39527 KTG 69733 b
7106	7106	SB3777 - 200 - LRB103 39527 KTG 69733 b
7107	7107	1 (b-20) Unless otherwise required by this Code,
7108	7108	2 out-of-school suspensions of longer than 3 days, expulsions,
7109	7109	3 and disciplinary removals to alternative schools may be used
7110	7110	4 only if other appropriate and available behavioral and
7111	7111	5 disciplinary interventions have been exhausted and the
7112	7112	6 student's continuing presence in school would either (i) pose
7113	7113	7 a threat to the safety of other students, staff, or members of
7114	7114	8 the school community or (ii) substantially disrupt, impede, or
7115	7115	9 interfere with the operation of the school. For purposes of
7116	7116	10 this subsection (b-20), "threat to the safety of other
7117	7117	11 students, staff, or members of the school community" and
7118	7118	12 "substantially disrupt, impede, or interfere with the
7119	7119	13 operation of the school" shall be determined on a case-by-case
7120	7120	14 basis by school officials. For purposes of this subsection
7121	7121	15 (b-20), the determination of whether "appropriate and
7122	7122	16 available behavioral and disciplinary interventions have been
7123	7123	17 exhausted" shall be made by school officials. School officials
7124	7124	18 shall make all reasonable efforts to resolve such threats,
7125	7125	19 address such disruptions, and minimize the length of student
7126	7126	20 exclusions to the greatest extent practicable. Within the
7127	7127	21 suspension decision described in subsection (b) of this
7128	7128	22 Section or the expulsion decision described in subsection (a)
7129	7129	23 of this Section, it shall be documented whether other
7130	7130	24 interventions were attempted or whether it was determined that
7131	7131	25 there were no other appropriate and available interventions.
7132	7132	26 (b-25) Students who are suspended out-of-school for longer
7133	7133
7134	7134
7135	7135
7136	7136
7137	7137
7138	7138	SB3777 - 200 - LRB103 39527 KTG 69733 b
7139	7139
7140	7140
7141	7141	SB3777- 201 -LRB103 39527 KTG 69733 b SB3777 - 201 - LRB103 39527 KTG 69733 b
7142	7142	SB3777 - 201 - LRB103 39527 KTG 69733 b
7143	7143	1 than 4 school days shall be provided appropriate and available
7144	7144	2 support services during the period of their suspension. For
7145	7145	3 purposes of this subsection (b-25), "appropriate and available
7146	7146	4 support services" shall be determined by school authorities.
7147	7147	5 Within the suspension decision described in subsection (b) of
7148	7148	6 this Section, it shall be documented whether such services are
7149	7149	7 to be provided or whether it was determined that there are no
7150	7150	8 such appropriate and available services.
7151	7151	9 A school district may refer students who are expelled to
7152	7152	10 appropriate and available support services.
7153	7153	11 A school district shall create a policy to facilitate the
7154	7154	12 re-engagement of students who are suspended out-of-school,
7155	7155	13 expelled, or returning from an alternative school setting.
7156	7156	14 (b-30) A school district shall create a policy by which
7157	7157	15 suspended pupils, including those pupils suspended from the
7158	7158	16 school bus who do not have alternate transportation to school,
7159	7159	17 shall have the opportunity to make up work for equivalent
7160	7160	18 academic credit. It shall be the responsibility of a pupil's
7161	7161	19 parent or guardian to notify school officials that a pupil
7162	7162	20 suspended from the school bus does not have alternate
7163	7163	21 transportation to school.
7164	7164	22 (c) A school board must invite a representative from a
7165	7165	23 local mental health agency to consult with the board at the
7166	7166	24 meeting whenever there is evidence that mental illness may be
7167	7167	25 the cause of a student's expulsion or suspension.
7168	7168	26 (c-5) School districts shall make reasonable efforts to
7169	7169
7170	7170
7171	7171
7172	7172
7173	7173
7174	7174	SB3777 - 201 - LRB103 39527 KTG 69733 b
7175	7175
7176	7176
7177	7177	SB3777- 202 -LRB103 39527 KTG 69733 b SB3777 - 202 - LRB103 39527 KTG 69733 b
7178	7178	SB3777 - 202 - LRB103 39527 KTG 69733 b
7179	7179	1 provide ongoing professional development to teachers,
7180	7180	2 administrators, school board members, school resource
7181	7181	3 officers, and staff on the adverse consequences of school
7182	7182	4 exclusion and justice-system involvement, effective classroom
7183	7183	5 management strategies, culturally responsive discipline, the
7184	7184	6 appropriate and available supportive services for the
7185	7185	7 promotion of student attendance and engagement, and
7186	7186	8 developmentally appropriate disciplinary methods that promote
7187	7187	9 positive and healthy school climates.
7188	7188	10 (d) The board may expel a student for a definite period of
7189	7189	11 time not to exceed 2 calendar years, as determined on a
7190	7190	12 case-by-case basis. A student who is determined to have
7191	7191	13 brought one of the following objects to school, any
7192	7192	14 school-sponsored activity or event, or any activity or event
7193	7193	15 that bears a reasonable relationship to school shall be
7194	7194	16 expelled for a period of not less than one year:
7195	7195	17 (1) A firearm. For the purposes of this Section,
7196	7196	18 "firearm" means any gun, rifle, shotgun, weapon as defined
7197	7197	19 by Section 921 of Title 18 of the United States Code,
7198	7198	20 firearm as defined in Section 1.1 of the Firearm Owners
7199	7199	21 Identification Card Act, or firearm as defined in Section
7200	7200	22 24-1 of the Criminal Code of 2012. The expulsion period
7201	7201	23 under this subdivision (1) may be modified by the
7202	7202	24 superintendent, and the superintendent's determination may
7203	7203	25 be modified by the board on a case-by-case basis.
7204	7204	26 (2) A knife, brass knuckles or other knuckle weapon
7205	7205
7206	7206
7207	7207
7208	7208
7209	7209
7210	7210	SB3777 - 202 - LRB103 39527 KTG 69733 b
7211	7211
7212	7212
7213	7213	SB3777- 203 -LRB103 39527 KTG 69733 b SB3777 - 203 - LRB103 39527 KTG 69733 b
7214	7214	SB3777 - 203 - LRB103 39527 KTG 69733 b
7215	7215	1 regardless of its composition, a billy club, or any other
7216	7216	2 object if used or attempted to be used to cause bodily
7217	7217	3 harm, including "look alikes" of any firearm as defined in
7218	7218	4 subdivision (1) of this subsection (d). The expulsion
7219	7219	5 requirement under this subdivision (2) may be modified by
7220	7220	6 the superintendent, and the superintendent's determination
7221	7221	7 may be modified by the board on a case-by-case basis.
7222	7222	8 Expulsion or suspension shall be construed in a manner
7223	7223	9 consistent with the federal Individuals with Disabilities
7224	7224	10 Education Act. A student who is subject to suspension or
7225	7225	11 expulsion as provided in this Section may be eligible for a
7226	7226	12 transfer to an alternative school program in accordance with
7227	7227	13 Article 13A of the School Code.
7228	7228	14 (d-5) The board may suspend or by regulation authorize the
7229	7229	15 superintendent of the district or the principal, assistant
7230	7230	16 principal, or dean of students of any school to suspend a
7231	7231	17 student for a period not to exceed 10 school days or may expel
7232	7232	18 a student for a definite period of time not to exceed 2
7233	7233	19 calendar years, as determined on a case-by-case basis, if (i)
7234	7234	20 that student has been determined to have made an explicit
7235	7235	21 threat on an Internet website against a school employee, a
7236	7236	22 student, or any school-related personnel, (ii) the Internet
7237	7237	23 website through which the threat was made is a site that was
7238	7238	24 accessible within the school at the time the threat was made or
7239	7239	25 was available to third parties who worked or studied within
7240	7240	26 the school grounds at the time the threat was made, and (iii)
7241	7241
7242	7242
7243	7243
7244	7244
7245	7245
7246	7246	SB3777 - 203 - LRB103 39527 KTG 69733 b
7247	7247
7248	7248
7249	7249	SB3777- 204 -LRB103 39527 KTG 69733 b SB3777 - 204 - LRB103 39527 KTG 69733 b
7250	7250	SB3777 - 204 - LRB103 39527 KTG 69733 b
7251	7251	1 the threat could be reasonably interpreted as threatening to
7252	7252	2 the safety and security of the threatened individual because
7253	7253	3 of his or her duties or employment status or status as a
7254	7254	4 student inside the school.
7255	7255	5 (e) To maintain order and security in the schools, school
7256	7256	6 authorities may inspect and search places and areas such as
7257	7257	7 lockers, desks, parking lots, and other school property and
7258	7258	8 equipment owned or controlled by the school, as well as
7259	7259	9 personal effects left in those places and areas by students,
7260	7260	10 without notice to or the consent of the student, and without a
7261	7261	11 search warrant. As a matter of public policy, the General
7262	7262	12 Assembly finds that students have no reasonable expectation of
7263	7263	13 privacy in these places and areas or in their personal effects
7264	7264	14 left in these places and areas. School authorities may request
7265	7265	15 the assistance of law enforcement officials for the purpose of
7266	7266	16 conducting inspections and searches of lockers, desks, parking
7267	7267	17 lots, and other school property and equipment owned or
7268	7268	18 controlled by the school for illegal drugs, weapons, or other
7269	7269	19 illegal or dangerous substances or materials, including
7270	7270	20 searches conducted through the use of specially trained dogs.
7271	7271	21 If a search conducted in accordance with this Section produces
7272	7272	22 evidence that the student has violated or is violating either
7273	7273	23 the law, local ordinance, or the school's policies or rules,
7274	7274	24 such evidence may be seized by school authorities, and
7275	7275	25 disciplinary action may be taken. School authorities may also
7276	7276	26 turn over such evidence to law enforcement authorities.
7277	7277
7278	7278
7279	7279
7280	7280
7281	7281
7282	7282	SB3777 - 204 - LRB103 39527 KTG 69733 b
7283	7283
7284	7284
7285	7285	SB3777- 205 -LRB103 39527 KTG 69733 b SB3777 - 205 - LRB103 39527 KTG 69733 b
7286	7286	SB3777 - 205 - LRB103 39527 KTG 69733 b
7287	7287	1 (f) Suspension or expulsion may include suspension or
7288	7288	2 expulsion from school and all school activities and a
7289	7289	3 prohibition from being present on school grounds.
7290	7290	4 (g) A school district may adopt a policy providing that if
7291	7291	5 a student is suspended or expelled for any reason from any
7292	7292	6 public or private school in this or any other state, the
7293	7293	7 student must complete the entire term of the suspension or
7294	7294	8 expulsion in an alternative school program under Article 13A
7295	7295	9 of this Code or an alternative learning opportunities program
7296	7296	10 under Article 13B of this Code before being admitted into the
7297	7297	11 school district if there is no threat to the safety of students
7298	7298	12 or staff in the alternative program.
7299	7299	13 (h) School officials shall not advise or encourage
7300	7300	14 students to drop out voluntarily due to behavioral or academic
7301	7301	15 difficulties.
7302	7302	16 (i) A student may not be issued a monetary fine or fee as a
7303	7303	17 disciplinary consequence, though this shall not preclude
7304	7304	18 requiring a student to provide restitution for lost, stolen,
7305	7305	19 or damaged property.
7306	7306	20 (j) Subsections (a) through (i) of this Section shall
7307	7307	21 apply to elementary and secondary schools, charter schools,
7308	7308	22 special charter districts, and school districts organized
7309	7309	23 under Article 34 of this Code.
7310	7310	24 (k) The expulsion of children enrolled in programs funded
7311	7311	25 under Section 1C-2 of this Code is subject to the requirements
7312	7312	26 under paragraph (7) of subsection (a) of Section 2-3.71 of
7313	7313
7314	7314
7315	7315
7316	7316
7317	7317
7318	7318	SB3777 - 205 - LRB103 39527 KTG 69733 b
7319	7319
7320	7320
7321	7321	SB3777- 206 -LRB103 39527 KTG 69733 b SB3777 - 206 - LRB103 39527 KTG 69733 b
7322	7322	SB3777 - 206 - LRB103 39527 KTG 69733 b
7323	7323	1 this Code.
7324	7324	2 (l) Beginning with the 2018-2019 school year, an in-school
7325	7325	3 suspension program provided by a school district for any
7326	7326	4 students in kindergarten through grade 12 may focus on
7327	7327	5 promoting non-violent conflict resolution and positive
7328	7328	6 interaction with other students and school personnel. A school
7329	7329	7 district may employ a school social worker or a licensed
7330	7330	8 mental health professional to oversee an in-school suspension
7331	7331	9 program in kindergarten through grade 12.
7332	7332	10 (Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21;
7333	7333	11 102-813, eff. 5-13-22.)
7334	7334	12 (Text of Section after amendment by P.A. 102-466)
7335	7335	13 Sec. 10-22.6. Suspension or expulsion of pupils; school
7336	7336	14 searches.
7337	7337	15 (a) To expel pupils guilty of gross disobedience or
7338	7338	16 misconduct, including gross disobedience or misconduct
7339	7339	17 perpetuated by electronic means, pursuant to subsection (b-20)
7340	7340	18 of this Section, and no action shall lie against them for such
7341	7341	19 expulsion. Expulsion shall take place only after the parents
7342	7342	20 or guardians have been requested to appear at a meeting of the
7343	7343	21 board, or with a hearing officer appointed by it, to discuss
7344	7344	22 their child's behavior. Such request shall be made by
7345	7345	23 registered or certified mail and shall state the time, place
7346	7346	24 and purpose of the meeting. The board, or a hearing officer
7347	7347	25 appointed by it, at such meeting shall state the reasons for
7348	7348
7349	7349
7350	7350
7351	7351
7352	7352
7353	7353	SB3777 - 206 - LRB103 39527 KTG 69733 b
7354	7354
7355	7355
7356	7356	SB3777- 207 -LRB103 39527 KTG 69733 b SB3777 - 207 - LRB103 39527 KTG 69733 b
7357	7357	SB3777 - 207 - LRB103 39527 KTG 69733 b
7358	7358	1 dismissal and the date on which the expulsion is to become
7359	7359	2 effective. If a hearing officer is appointed by the board, he
7360	7360	3 shall report to the board a written summary of the evidence
7361	7361	4 heard at the meeting and the board may take such action thereon
7362	7362	5 as it finds appropriate. If the board acts to expel a pupil,
7363	7363	6 the written expulsion decision shall detail the specific
7364	7364	7 reasons why removing the pupil from the learning environment
7365	7365	8 is in the best interest of the school. The expulsion decision
7366	7366	9 shall also include a rationale as to the specific duration of
7367	7367	10 the expulsion. An expelled pupil may be immediately
7368	7368	11 transferred to an alternative program in the manner provided
7369	7369	12 in Article 13A or 13B of this Code. A pupil must not be denied
7370	7370	13 transfer because of the expulsion, except in cases in which
7371	7371	14 such transfer is deemed to cause a threat to the safety of
7372	7372	15 students or staff in the alternative program.
7373	7373	16 (b) To suspend or by policy to authorize the
7374	7374	17 superintendent of the district or the principal, assistant
7375	7375	18 principal, or dean of students of any school to suspend pupils
7376	7376	19 guilty of gross disobedience or misconduct, or to suspend
7377	7377	20 pupils guilty of gross disobedience or misconduct on the
7378	7378	21 school bus from riding the school bus, pursuant to subsections
7379	7379	22 (b-15) and (b-20) of this Section, and no action shall lie
7380	7380	23 against them for such suspension. The board may by policy
7381	7381	24 authorize the superintendent of the district or the principal,
7382	7382	25 assistant principal, or dean of students of any school to
7383	7383	26 suspend pupils guilty of such acts for a period not to exceed
7384	7384
7385	7385
7386	7386
7387	7387
7388	7388
7389	7389	SB3777 - 207 - LRB103 39527 KTG 69733 b
7390	7390
7391	7391
7392	7392	SB3777- 208 -LRB103 39527 KTG 69733 b SB3777 - 208 - LRB103 39527 KTG 69733 b
7393	7393	SB3777 - 208 - LRB103 39527 KTG 69733 b
7394	7394	1 10 school days. If a pupil is suspended due to gross
7395	7395	2 disobedience or misconduct on a school bus, the board may
7396	7396	3 suspend the pupil in excess of 10 school days for safety
7397	7397	4 reasons.
7398	7398	5 Any suspension shall be reported immediately to the
7399	7399	6 parents or guardians of a pupil along with a full statement of
7400	7400	7 the reasons for such suspension and a notice of their right to
7401	7401	8 a review. The school board must be given a summary of the
7402	7402	9 notice, including the reason for the suspension and the
7403	7403	10 suspension length. Upon request of the parents or guardians,
7404	7404	11 the school board or a hearing officer appointed by it shall
7405	7405	12 review such action of the superintendent or principal,
7406	7406	13 assistant principal, or dean of students. At such review, the
7407	7407	14 parents or guardians of the pupil may appear and discuss the
7408	7408	15 suspension with the board or its hearing officer. If a hearing
7409	7409	16 officer is appointed by the board, he shall report to the board
7410	7410	17 a written summary of the evidence heard at the meeting. After
7411	7411	18 its hearing or upon receipt of the written report of its
7412	7412	19 hearing officer, the board may take such action as it finds
7413	7413	20 appropriate. If a student is suspended pursuant to this
7414	7414	21 subsection (b), the board shall, in the written suspension
7415	7415	22 decision, detail the specific act of gross disobedience or
7416	7416	23 misconduct resulting in the decision to suspend. The
7417	7417	24 suspension decision shall also include a rationale as to the
7418	7418	25 specific duration of the suspension. A pupil who is suspended
7419	7419	26 in excess of 20 school days may be immediately transferred to
7420	7420
7421	7421
7422	7422
7423	7423
7424	7424
7425	7425	SB3777 - 208 - LRB103 39527 KTG 69733 b
7426	7426
7427	7427
7428	7428	SB3777- 209 -LRB103 39527 KTG 69733 b SB3777 - 209 - LRB103 39527 KTG 69733 b
7429	7429	SB3777 - 209 - LRB103 39527 KTG 69733 b
7430	7430	1 an alternative program in the manner provided in Article 13A
7431	7431	2 or 13B of this Code. A pupil must not be denied transfer
7432	7432	3 because of the suspension, except in cases in which such
7433	7433	4 transfer is deemed to cause a threat to the safety of students
7434	7434	5 or staff in the alternative program.
7435	7435	6 (b-5) Among the many possible disciplinary interventions
7436	7436	7 and consequences available to school officials, school
7437	7437	8 exclusions, such as out-of-school suspensions and expulsions,
7438	7438	9 are the most serious. School officials shall limit the number
7439	7439	10 and duration of expulsions and suspensions to the greatest
7440	7440	11 extent practicable, and it is recommended that they use them
7441	7441	12 only for legitimate educational purposes. To ensure that
7442	7442	13 students are not excluded from school unnecessarily, it is
7443	7443	14 recommended that school officials consider forms of
7444	7444	15 non-exclusionary discipline prior to using out-of-school
7445	7445	16 suspensions or expulsions.
7446	7446	17 (b-10) Unless otherwise required by federal law or this
7447	7447	18 Code, school boards may not institute zero-tolerance policies
7448	7448	19 by which school administrators are required to suspend or
7449	7449	20 expel students for particular behaviors.
7450	7450	21 (b-15) Out-of-school suspensions of 3 days or less may be
7451	7451	22 used only if the student's continuing presence in school would
7452	7452	23 pose a threat to school safety or a disruption to other
7453	7453	24 students' learning opportunities. For purposes of this
7454	7454	25 subsection (b-15), "threat to school safety or a disruption to
7455	7455	26 other students' learning opportunities" shall be determined on
7456	7456
7457	7457
7458	7458
7459	7459
7460	7460
7461	7461	SB3777 - 209 - LRB103 39527 KTG 69733 b
7462	7462
7463	7463
7464	7464	SB3777- 210 -LRB103 39527 KTG 69733 b SB3777 - 210 - LRB103 39527 KTG 69733 b
7465	7465	SB3777 - 210 - LRB103 39527 KTG 69733 b
7466	7466	1 a case-by-case basis by the school board or its designee.
7467	7467	2 School officials shall make all reasonable efforts to resolve
7468	7468	3 such threats, address such disruptions, and minimize the
7469	7469	4 length of suspensions to the greatest extent practicable.
7470	7470	5 (b-20) Unless otherwise required by this Code,
7471	7471	6 out-of-school suspensions of longer than 3 days, expulsions,
7472	7472	7 and disciplinary removals to alternative schools may be used
7473	7473	8 only if other appropriate and available behavioral and
7474	7474	9 disciplinary interventions have been exhausted and the
7475	7475	10 student's continuing presence in school would either (i) pose
7476	7476	11 a threat to the safety of other students, staff, or members of
7477	7477	12 the school community or (ii) substantially disrupt, impede, or
7478	7478	13 interfere with the operation of the school. For purposes of
7479	7479	14 this subsection (b-20), "threat to the safety of other
7480	7480	15 students, staff, or members of the school community" and
7481	7481	16 "substantially disrupt, impede, or interfere with the
7482	7482	17 operation of the school" shall be determined on a case-by-case
7483	7483	18 basis by school officials. For purposes of this subsection
7484	7484	19 (b-20), the determination of whether "appropriate and
7485	7485	20 available behavioral and disciplinary interventions have been
7486	7486	21 exhausted" shall be made by school officials. School officials
7487	7487	22 shall make all reasonable efforts to resolve such threats,
7488	7488	23 address such disruptions, and minimize the length of student
7489	7489	24 exclusions to the greatest extent practicable. Within the
7490	7490	25 suspension decision described in subsection (b) of this
7491	7491	26 Section or the expulsion decision described in subsection (a)
7492	7492
7493	7493
7494	7494
7495	7495
7496	7496
7497	7497	SB3777 - 210 - LRB103 39527 KTG 69733 b
7498	7498
7499	7499
7500	7500	SB3777- 211 -LRB103 39527 KTG 69733 b SB3777 - 211 - LRB103 39527 KTG 69733 b
7501	7501	SB3777 - 211 - LRB103 39527 KTG 69733 b
7502	7502	1 of this Section, it shall be documented whether other
7503	7503	2 interventions were attempted or whether it was determined that
7504	7504	3 there were no other appropriate and available interventions.
7505	7505	4 (b-25) Students who are suspended out-of-school for longer
7506	7506	5 than 4 school days shall be provided appropriate and available
7507	7507	6 support services during the period of their suspension. For
7508	7508	7 purposes of this subsection (b-25), "appropriate and available
7509	7509	8 support services" shall be determined by school authorities.
7510	7510	9 Within the suspension decision described in subsection (b) of
7511	7511	10 this Section, it shall be documented whether such services are
7512	7512	11 to be provided or whether it was determined that there are no
7513	7513	12 such appropriate and available services.
7514	7514	13 A school district may refer students who are expelled to
7515	7515	14 appropriate and available support services.
7516	7516	15 A school district shall create a policy to facilitate the
7517	7517	16 re-engagement of students who are suspended out-of-school,
7518	7518	17 expelled, or returning from an alternative school setting.
7519	7519	18 (b-30) A school district shall create a policy by which
7520	7520	19 suspended pupils, including those pupils suspended from the
7521	7521	20 school bus who do not have alternate transportation to school,
7522	7522	21 shall have the opportunity to make up work for equivalent
7523	7523	22 academic credit. It shall be the responsibility of a pupil's
7524	7524	23 parents or guardians to notify school officials that a pupil
7525	7525	24 suspended from the school bus does not have alternate
7526	7526	25 transportation to school.
7527	7527	26 (b-35) In all suspension review hearings conducted under
7528	7528
7529	7529
7530	7530
7531	7531
7532	7532
7533	7533	SB3777 - 211 - LRB103 39527 KTG 69733 b
7534	7534
7535	7535
7536	7536	SB3777- 212 -LRB103 39527 KTG 69733 b SB3777 - 212 - LRB103 39527 KTG 69733 b
7537	7537	SB3777 - 212 - LRB103 39527 KTG 69733 b
7538	7538	1 subsection (b) or expulsion hearings conducted under
7539	7539	2 subsection (a), a student may disclose any factor to be
7540	7540	3 considered in mitigation, including his or her status as a
7541	7541	4 parent, expectant parent, or victim of domestic or sexual
7542	7542	5 violence, as defined in Article 26A. A representative of the
7543	7543	6 parent's or guardian's choice, or of the student's choice if
7544	7544	7 emancipated, must be permitted to represent the student
7545	7545	8 throughout the proceedings and to address the school board or
7546	7546	9 its appointed hearing officer. With the approval of the
7547	7547	10 student's parent or guardian, or of the student if
7548	7548	11 emancipated, a support person must be permitted to accompany
7549	7549	12 the student to any disciplinary hearings or proceedings. The
7550	7550	13 representative or support person must comply with any rules of
7551	7551	14 the school district's hearing process. If the representative
7552	7552	15 or support person violates the rules or engages in behavior or
7553	7553	16 advocacy that harasses, abuses, or intimidates either party, a
7554	7554	17 witness, or anyone else in attendance at the hearing, the
7555	7555	18 representative or support person may be prohibited from
7556	7556	19 further participation in the hearing or proceeding. A
7557	7557	20 suspension or expulsion proceeding under this subsection
7558	7558	21 (b-35) must be conducted independently from any ongoing
7559	7559	22 criminal investigation or proceeding, and an absence of
7560	7560	23 pending or possible criminal charges, criminal investigations,
7561	7561	24 or proceedings may not be a factor in school disciplinary
7562	7562	25 decisions.
7563	7563	26 (b-40) During a suspension review hearing conducted under
7564	7564
7565	7565
7566	7566
7567	7567
7568	7568
7569	7569	SB3777 - 212 - LRB103 39527 KTG 69733 b
7570	7570
7571	7571
7572	7572	SB3777- 213 -LRB103 39527 KTG 69733 b SB3777 - 213 - LRB103 39527 KTG 69733 b
7573	7573	SB3777 - 213 - LRB103 39527 KTG 69733 b
7574	7574	1 subsection (b) or an expulsion hearing conducted under
7575	7575	2 subsection (a) that involves allegations of sexual violence by
7576	7576	3 the student who is subject to discipline, neither the student
7577	7577	4 nor his or her representative shall directly question nor have
7578	7578	5 direct contact with the alleged victim. The student who is
7579	7579	6 subject to discipline or his or her representative may, at the
7580	7580	7 discretion and direction of the school board or its appointed
7581	7581	8 hearing officer, suggest questions to be posed by the school
7582	7582	9 board or its appointed hearing officer to the alleged victim.
7583	7583	10 (c) A school board must invite a representative from a
7584	7584	11 local mental health agency to consult with the board at the
7585	7585	12 meeting whenever there is evidence that mental illness may be
7586	7586	13 the cause of a student's expulsion or suspension.
7587	7587	14 (c-5) School districts shall make reasonable efforts to
7588	7588	15 provide ongoing professional development to teachers,
7589	7589	16 administrators, school board members, school resource
7590	7590	17 officers, and staff on the adverse consequences of school
7591	7591	18 exclusion and justice-system involvement, effective classroom
7592	7592	19 management strategies, culturally responsive discipline, the
7593	7593	20 appropriate and available supportive services for the
7594	7594	21 promotion of student attendance and engagement, and
7595	7595	22 developmentally appropriate disciplinary methods that promote
7596	7596	23 positive and healthy school climates.
7597	7597	24 (d) The board may expel a student for a definite period of
7598	7598	25 time not to exceed 2 calendar years, as determined on a
7599	7599	26 case-by-case basis. A student who is determined to have
7600	7600
7601	7601
7602	7602
7603	7603
7604	7604
7605	7605	SB3777 - 213 - LRB103 39527 KTG 69733 b
7606	7606
7607	7607
7608	7608	SB3777- 214 -LRB103 39527 KTG 69733 b SB3777 - 214 - LRB103 39527 KTG 69733 b
7609	7609	SB3777 - 214 - LRB103 39527 KTG 69733 b
7610	7610	1 brought one of the following objects to school, any
7611	7611	2 school-sponsored activity or event, or any activity or event
7612	7612	3 that bears a reasonable relationship to school shall be
7613	7613	4 expelled for a period of not less than one year:
7614	7614	5 (1) A firearm. For the purposes of this Section,
7615	7615	6 "firearm" means any gun, rifle, shotgun, weapon as defined
7616	7616	7 by Section 921 of Title 18 of the United States Code,
7617	7617	8 firearm as defined in Section 1.1 of the Firearm Owners
7618	7618	9 Identification Card Act, or firearm as defined in Section
7619	7619	10 24-1 of the Criminal Code of 2012. The expulsion period
7620	7620	11 under this subdivision (1) may be modified by the
7621	7621	12 superintendent, and the superintendent's determination may
7622	7622	13 be modified by the board on a case-by-case basis.
7623	7623	14 (2) A knife, brass knuckles or other knuckle weapon
7624	7624	15 regardless of its composition, a billy club, or any other
7625	7625	16 object if used or attempted to be used to cause bodily
7626	7626	17 harm, including "look alikes" of any firearm as defined in
7627	7627	18 subdivision (1) of this subsection (d). The expulsion
7628	7628	19 requirement under this subdivision (2) may be modified by
7629	7629	20 the superintendent, and the superintendent's determination
7630	7630	21 may be modified by the board on a case-by-case basis.
7631	7631	22 Expulsion or suspension shall be construed in a manner
7632	7632	23 consistent with the federal Individuals with Disabilities
7633	7633	24 Education Act. A student who is subject to suspension or
7634	7634	25 expulsion as provided in this Section may be eligible for a
7635	7635	26 transfer to an alternative school program in accordance with
7636	7636
7637	7637
7638	7638
7639	7639
7640	7640
7641	7641	SB3777 - 214 - LRB103 39527 KTG 69733 b
7642	7642
7643	7643
7644	7644	SB3777- 215 -LRB103 39527 KTG 69733 b SB3777 - 215 - LRB103 39527 KTG 69733 b
7645	7645	SB3777 - 215 - LRB103 39527 KTG 69733 b
7646	7646	1 Article 13A of the School Code.
7647	7647	2 (d-5) The board may suspend or by regulation authorize the
7648	7648	3 superintendent of the district or the principal, assistant
7649	7649	4 principal, or dean of students of any school to suspend a
7650	7650	5 student for a period not to exceed 10 school days or may expel
7651	7651	6 a student for a definite period of time not to exceed 2
7652	7652	7 calendar years, as determined on a case-by-case basis, if (i)
7653	7653	8 that student has been determined to have made an explicit
7654	7654	9 threat on an Internet website against a school employee, a
7655	7655	10 student, or any school-related personnel, (ii) the Internet
7656	7656	11 website through which the threat was made is a site that was
7657	7657	12 accessible within the school at the time the threat was made or
7658	7658	13 was available to third parties who worked or studied within
7659	7659	14 the school grounds at the time the threat was made, and (iii)
7660	7660	15 the threat could be reasonably interpreted as threatening to
7661	7661	16 the safety and security of the threatened individual because
7662	7662	17 of his or her duties or employment status or status as a
7663	7663	18 student inside the school.
7664	7664	19 (e) To maintain order and security in the schools, school
7665	7665	20 authorities may inspect and search places and areas such as
7666	7666	21 lockers, desks, parking lots, and other school property and
7667	7667	22 equipment owned or controlled by the school, as well as
7668	7668	23 personal effects left in those places and areas by students,
7669	7669	24 without notice to or the consent of the student, and without a
7670	7670	25 search warrant. As a matter of public policy, the General
7671	7671	26 Assembly finds that students have no reasonable expectation of
7672	7672
7673	7673
7674	7674
7675	7675
7676	7676
7677	7677	SB3777 - 215 - LRB103 39527 KTG 69733 b
7678	7678
7679	7679
7680	7680	SB3777- 216 -LRB103 39527 KTG 69733 b SB3777 - 216 - LRB103 39527 KTG 69733 b
7681	7681	SB3777 - 216 - LRB103 39527 KTG 69733 b
7682	7682	1 privacy in these places and areas or in their personal effects
7683	7683	2 left in these places and areas. School authorities may request
7684	7684	3 the assistance of law enforcement officials for the purpose of
7685	7685	4 conducting inspections and searches of lockers, desks, parking
7686	7686	5 lots, and other school property and equipment owned or
7687	7687	6 controlled by the school for illegal drugs, weapons, or other
7688	7688	7 illegal or dangerous substances or materials, including
7689	7689	8 searches conducted through the use of specially trained dogs.
7690	7690	9 If a search conducted in accordance with this Section produces
7691	7691	10 evidence that the student has violated or is violating either
7692	7692	11 the law, local ordinance, or the school's policies or rules,
7693	7693	12 such evidence may be seized by school authorities, and
7694	7694	13 disciplinary action may be taken. School authorities may also
7695	7695	14 turn over such evidence to law enforcement authorities.
7696	7696	15 (f) Suspension or expulsion may include suspension or
7697	7697	16 expulsion from school and all school activities and a
7698	7698	17 prohibition from being present on school grounds.
7699	7699	18 (g) A school district may adopt a policy providing that if
7700	7700	19 a student is suspended or expelled for any reason from any
7701	7701	20 public or private school in this or any other state, the
7702	7702	21 student must complete the entire term of the suspension or
7703	7703	22 expulsion in an alternative school program under Article 13A
7704	7704	23 of this Code or an alternative learning opportunities program
7705	7705	24 under Article 13B of this Code before being admitted into the
7706	7706	25 school district if there is no threat to the safety of students
7707	7707	26 or staff in the alternative program. A school district that
7708	7708
7709	7709
7710	7710
7711	7711
7712	7712
7713	7713	SB3777 - 216 - LRB103 39527 KTG 69733 b
7714	7714
7715	7715
7716	7716	SB3777- 217 -LRB103 39527 KTG 69733 b SB3777 - 217 - LRB103 39527 KTG 69733 b
7717	7717	SB3777 - 217 - LRB103 39527 KTG 69733 b
7718	7718	1 adopts a policy under this subsection (g) must include a
7719	7719	2 provision allowing for consideration of any mitigating
7720	7720	3 factors, including, but not limited to, a student's status as
7721	7721	4 a parent, expectant parent, or victim of domestic or sexual
7722	7722	5 violence, as defined in Article 26A.
7723	7723	6 (h) School officials shall not advise or encourage
7724	7724	7 students to drop out voluntarily due to behavioral or academic
7725	7725	8 difficulties.
7726	7726	9 (i) A student may not be issued a monetary fine or fee as a
7727	7727	10 disciplinary consequence, though this shall not preclude
7728	7728	11 requiring a student to provide restitution for lost, stolen,
7729	7729	12 or damaged property.
7730	7730	13 (j) Subsections (a) through (i) of this Section shall
7731	7731	14 apply to elementary and secondary schools, charter schools,
7732	7732	15 special charter districts, and school districts organized
7733	7733	16 under Article 34 of this Code.
7734	7734	17 (k) Through June 30, 2026, the The expulsion of children
7735	7735	18 enrolled in programs funded under Section 1C-2 of this Code is
7736	7736	19 subject to the requirements under paragraph (7) of subsection
7737	7737	20 (a) of Section 2-3.71 of this Code.
7738	7738	21 (k-5) On and after July 1, 2026, the expulsion of children
7739	7739	22 enrolled in programs funded under Section 15-25 is subject to
7740	7740	23 the requirements of paragraph (7) of subsection (a) of Section
7741	7741	24 15-30 of the Department of Early Childhood Act.
7742	7742	25 (l) Beginning with the 2018-2019 school year, an in-school
7743	7743	26 suspension program provided by a school district for any
7744	7744
7745	7745
7746	7746
7747	7747
7748	7748
7749	7749	SB3777 - 217 - LRB103 39527 KTG 69733 b
7750	7750
7751	7751
7752	7752	SB3777- 218 -LRB103 39527 KTG 69733 b SB3777 - 218 - LRB103 39527 KTG 69733 b
7753	7753	SB3777 - 218 - LRB103 39527 KTG 69733 b
7754	7754	1 students in kindergarten through grade 12 may focus on
7755	7755	2 promoting non-violent conflict resolution and positive
7756	7756	3 interaction with other students and school personnel. A school
7757	7757	4 district may employ a school social worker or a licensed
7758	7758	5 mental health professional to oversee an in-school suspension
7759	7759	6 program in kindergarten through grade 12.
7760	7760	7 (Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25;
7761	7761	8 102-539, eff. 8-20-21; 102-813, eff. 5-13-22.)
7762	7762	9 (105 ILCS 5/21B-50)
7763	7763	10 Sec. 21B-50. Alternative Educator Licensure Program for
7764	7764	11 Teachers.
7765	7765	12 (a) There is established an alternative educator licensure
7766	7766	13 program, to be known as the Alternative Educator Licensure
7767	7767	14 Program for Teachers.
7768	7768	15 (b) The Alternative Educator Licensure Program for
7769	7769	16 Teachers may be offered by a recognized institution approved
7770	7770	17 to offer educator preparation programs by the State Board of
7771	7771	18 Education, in consultation with the State Educator Preparation
7772	7772	19 and Licensure Board.
7773	7773	20 The program shall be comprised of up to 3 phases:
7774	7774	21 (1) A course of study that at a minimum includes
7775	7775	22 instructional planning; instructional strategies,
7776	7776	23 including special education, reading, and English language
7777	7777	24 learning; classroom management; and the assessment of
7778	7778	25 students and use of data to drive instruction.
7779	7779
7780	7780
7781	7781
7782	7782
7783	7783
7784	7784	SB3777 - 218 - LRB103 39527 KTG 69733 b
7785	7785
7786	7786
7787	7787	SB3777- 219 -LRB103 39527 KTG 69733 b SB3777 - 219 - LRB103 39527 KTG 69733 b
7788	7788	SB3777 - 219 - LRB103 39527 KTG 69733 b
7789	7789	1 (2) A year of residency, which is a candidate's
7790	7790	2 assignment to a full-time teaching position or as a
7791	7791	3 co-teacher for one full school year. An individual must
7792	7792	4 hold an Educator License with Stipulations with an
7793	7793	5 alternative provisional educator endorsement in order to
7794	7794	6 enter the residency. In residency, the candidate must: be
7795	7795	7 assigned an effective, fully licensed teacher by the
7796	7796	8 principal or principal equivalent to act as a mentor and
7797	7797	9 coach the candidate through residency, complete additional
7798	7798	10 program requirements that address required State and
7799	7799	11 national standards, pass the State Board's teacher
7800	7800	12 performance assessment, if required under Section 21B-30,
7801	7801	13 and be recommended by the principal or qualified
7802	7802	14 equivalent of a principal, as required under subsection
7803	7803	15 (d) of this Section, and the program coordinator to be
7804	7804	16 recommended for full licensure or to continue with a
7805	7805	17 second year of the residency.
7806	7806	18 (3) (Blank).
7807	7807	19 (4) A comprehensive assessment of the candidate's
7808	7808	20 teaching effectiveness, as evaluated by the principal or
7809	7809	21 qualified equivalent of a principal, as required under
7810	7810	22 subsection (d) of this Section, and the program
7811	7811	23 coordinator, at the end of either the first or the second
7812	7812	24 year of residency. If there is disagreement between the 2
7813	7813	25 evaluators about the candidate's teaching effectiveness at
7814	7814	26 the end of the first year of residency, a second year of
7815	7815
7816	7816
7817	7817
7818	7818
7819	7819
7820	7820	SB3777 - 219 - LRB103 39527 KTG 69733 b
7821	7821
7822	7822
7823	7823	SB3777- 220 -LRB103 39527 KTG 69733 b SB3777 - 220 - LRB103 39527 KTG 69733 b
7824	7824	SB3777 - 220 - LRB103 39527 KTG 69733 b
7825	7825	1 residency shall be required. If there is disagreement
7826	7826	2 between the 2 evaluators at the end of the second year of
7827	7827	3 residency, the candidate may complete one additional year
7828	7828	4 of residency teaching under a professional development
7829	7829	5 plan developed by the principal or qualified equivalent
7830	7830	6 and the preparation program. At the completion of the
7831	7831	7 third year, a candidate must have positive evaluations and
7832	7832	8 a recommendation for full licensure from both the
7833	7833	9 principal or qualified equivalent and the program
7834	7834	10 coordinator or no Professional Educator License shall be
7835	7835	11 issued.
7836	7836	12 Successful completion of the program shall be deemed to
7837	7837	13 satisfy any other practice or student teaching and content
7838	7838	14 matter requirements established by law.
7839	7839	15 (c) An alternative provisional educator endorsement on an
7840	7840	16 Educator License with Stipulations is valid for up to 2 years
7841	7841	17 of teaching in the public schools, including without
7842	7842	18 limitation a preschool educational program under Section
7843	7843	19 2-3.71 of this Code or Section 15-30 of the Department of Early
7844	7844	20 Childhood Act or charter school, or in a State-recognized
7845	7845	21 nonpublic school in which the chief administrator is required
7846	7846	22 to have the licensure necessary to be a principal in a public
7847	7847	23 school in this State and in which a majority of the teachers
7848	7848	24 are required to have the licensure necessary to be instructors
7849	7849	25 in a public school in this State, but may be renewed for a
7850	7850	26 third year if needed to complete the Alternative Educator
7851	7851
7852	7852
7853	7853
7854	7854
7855	7855
7856	7856	SB3777 - 220 - LRB103 39527 KTG 69733 b
7857	7857
7858	7858
7859	7859	SB3777- 221 -LRB103 39527 KTG 69733 b SB3777 - 221 - LRB103 39527 KTG 69733 b
7860	7860	SB3777 - 221 - LRB103 39527 KTG 69733 b
7861	7861	1 Licensure Program for Teachers. The endorsement shall be
7862	7862	2 issued only once to an individual who meets all of the
7863	7863	3 following requirements:
7864	7864	4 (1) Has graduated from a regionally accredited college
7865	7865	5 or university with a bachelor's degree or higher.
7866	7866	6 (2) (Blank).
7867	7867	7 (3) Has completed a major in the content area if
7868	7868	8 seeking a middle or secondary level endorsement or, if
7869	7869	9 seeking an early childhood, elementary, or special
7870	7870	10 education endorsement, has completed a major in the
7871	7871	11 content area of early childhood reading, English/language
7872	7872	12 arts, mathematics, or one of the sciences. If the
7873	7873	13 individual does not have a major in a content area for any
7874	7874	14 level of teaching, he or she must submit transcripts to
7875	7875	15 the State Board of Education to be reviewed for
7876	7876	16 equivalency.
7877	7877	17 (4) Has successfully completed phase (1) of subsection
7878	7878	18 (b) of this Section.
7879	7879	19 (5) Has passed a content area test required for the
7880	7880	20 specific endorsement for admission into the program, as
7881	7881	21 required under Section 21B-30 of this Code.
7882	7882	22 A candidate possessing the alternative provisional
7883	7883	23 educator endorsement may receive a salary, benefits, and any
7884	7884	24 other terms of employment offered to teachers in the school
7885	7885	25 who are members of an exclusive bargaining representative, if
7886	7886	26 any, but a school is not required to provide these benefits
7887	7887
7888	7888
7889	7889
7890	7890
7891	7891
7892	7892	SB3777 - 221 - LRB103 39527 KTG 69733 b
7893	7893
7894	7894
7895	7895	SB3777- 222 -LRB103 39527 KTG 69733 b SB3777 - 222 - LRB103 39527 KTG 69733 b
7896	7896	SB3777 - 222 - LRB103 39527 KTG 69733 b
7897	7897	1 during the years of residency if the candidate is serving only
7898	7898	2 as a co-teacher. If the candidate is serving as the teacher of
7899	7899	3 record, the candidate must receive a salary, benefits, and any
7900	7900	4 other terms of employment. Residency experiences must not be
7901	7901	5 counted towards tenure.
7902	7902	6 (d) The recognized institution offering the Alternative
7903	7903	7 Educator Licensure Program for Teachers must partner with a
7904	7904	8 school district, including without limitation a preschool
7905	7905	9 educational program under Section 2-3.71 of this Code or
7906	7906	10 Section 15-30 of the Department of Early Childhood Act or
7907	7907	11 charter school, or a State-recognized, nonpublic school in
7908	7908	12 this State in which the chief administrator is required to
7909	7909	13 have the licensure necessary to be a principal in a public
7910	7910	14 school in this State and in which a majority of the teachers
7911	7911	15 are required to have the licensure necessary to be instructors
7912	7912	16 in a public school in this State. A recognized institution
7913	7913	17 that partners with a public school district administering a
7914	7914	18 preschool educational program under Section 2-3.71 of this
7915	7915	19 Code or Section 15-30 of the Department of Early Childhood Act
7916	7916	20 must require a principal to recommend or evaluate candidates
7917	7917	21 in the program. A recognized institution that partners with an
7918	7918	22 eligible entity administering a preschool educational program
7919	7919	23 under Section 2-3.71 of this Code or Section 15-30 of the
7920	7920	24 Department of Early Childhood Act and that is not a public
7921	7921	25 school district must require a principal or qualified
7922	7922	26 equivalent of a principal to recommend or evaluate candidates
7923	7923
7924	7924
7925	7925
7926	7926
7927	7927
7928	7928	SB3777 - 222 - LRB103 39527 KTG 69733 b
7929	7929
7930	7930
7931	7931	SB3777- 223 -LRB103 39527 KTG 69733 b SB3777 - 223 - LRB103 39527 KTG 69733 b
7932	7932	SB3777 - 223 - LRB103 39527 KTG 69733 b
7933	7933	1 in the program. The program presented for approval by the
7934	7934	2 State Board of Education must demonstrate the supports that
7935	7935	3 are to be provided to assist the provisional teacher during
7936	7936	4 the one-year 1-year or 2-year residency period and if the
7937	7937	5 residency period is to be less than 2 years in length,
7938	7938	6 assurances from the partner school districts to provide
7939	7939	7 intensive mentoring and supports through at least the end of
7940	7940	8 the second full year of teaching for educators who completed
7941	7941	9 the Alternative Educator Educators Licensure Program for
7942	7942	10 Teachers in less than 2 years. These supports must, at a
7943	7943	11 minimum, provide additional contact hours with mentors during
7944	7944	12 the first year of residency.
7945	7945	13 (e) Upon completion of phases under paragraphs (1), (2),
7946	7946	14 (4), and, if needed, (3) in subsection (b) of this Section and
7947	7947	15 all assessments required under Section 21B-30 of this Code, an
7948	7948	16 individual shall receive a Professional Educator License.
7949	7949	17 (f) The State Board of Education, in consultation with the
7950	7950	18 State Educator Preparation and Licensure Board, may adopt such
7951	7951	19 rules as may be necessary to establish and implement the
7952	7952	20 Alternative Educator Licensure Program for Teachers.
7953	7953	21 (Source: P.A. 103-111, eff. 6-29-23; 103-488, eff. 8-4-23;
7954	7954	22 revised 9-1-23.)
7955	7955	23 (105 ILCS 5/22-45)
7956	7956	24 Sec. 22-45. Illinois P-20 Council.
7957	7957	25 (a) The General Assembly finds that preparing Illinoisans
7958	7958
7959	7959
7960	7960
7961	7961
7962	7962
7963	7963	SB3777 - 223 - LRB103 39527 KTG 69733 b
7964	7964
7965	7965
7966	7966	SB3777- 224 -LRB103 39527 KTG 69733 b SB3777 - 224 - LRB103 39527 KTG 69733 b
7967	7967	SB3777 - 224 - LRB103 39527 KTG 69733 b
7968	7968	1 for success in school and the workplace requires a continuum
7969	7969	2 of quality education from preschool through graduate school.
7970	7970	3 This State needs a framework to guide education policy and
7971	7971	4 integrate education at every level. A statewide coordinating
7972	7972	5 council to study and make recommendations concerning education
7973	7973	6 at all levels can avoid fragmentation of policies, promote
7974	7974	7 improved teaching and learning, and continue to cultivate and
7975	7975	8 demonstrate strong accountability and efficiency. Establishing
7976	7976	9 an Illinois P-20 Council will develop a statewide agenda that
7977	7977	10 will move the State towards the common goals of improving
7978	7978	11 academic achievement, increasing college access and success,
7979	7979	12 improving use of existing data and measurements, developing
7980	7980	13 improved accountability, fostering innovative approaches to
7981	7981	14 education, promoting lifelong learning, easing the transition
7982	7982	15 to college, and reducing remediation. A pre-kindergarten
7983	7983	16 through grade 20 agenda will strengthen this State's economic
7984	7984	17 competitiveness by producing a highly-skilled workforce. In
7985	7985	18 addition, lifelong learning plans will enhance this State's
7986	7986	19 ability to leverage funding.
7987	7987	20 (b) There is created the Illinois P-20 Council. The
7988	7988	21 Illinois P-20 Council shall include all of the following
7989	7989	22 members:
7990	7990	23 (1) The Governor or his or her designee, to serve as
7991	7991	24 chairperson.
7992	7992	25 (2) Four members of the General Assembly, one
7993	7993	26 appointed by the Speaker of the House of Representatives,
7994	7994
7995	7995
7996	7996
7997	7997
7998	7998
7999	7999	SB3777 - 224 - LRB103 39527 KTG 69733 b
8000	8000
8001	8001
8002	8002	SB3777- 225 -LRB103 39527 KTG 69733 b SB3777 - 225 - LRB103 39527 KTG 69733 b
8003	8003	SB3777 - 225 - LRB103 39527 KTG 69733 b
8004	8004	1 one appointed by the Minority Leader of the House of
8005	8005	2 Representatives, one appointed by the President of the
8006	8006	3 Senate, and one appointed by the Minority Leader of the
8007	8007	4 Senate.
8008	8008	5 (3) Six at-large members appointed by the Governor as
8009	8009	6 follows, with 2 members being from the City of Chicago, 2
8010	8010	7 members being from Lake County, McHenry County, Kane
8011	8011	8 County, DuPage County, Will County, or that part of Cook
8012	8012	9 County outside of the City of Chicago, and 2 members being
8013	8013	10 from the remainder of the State:
8014	8014	11 (A) one representative of civic leaders;
8015	8015	12 (B) one representative of local government;
8016	8016	13 (C) one representative of trade unions;
8017	8017	14 (D) one representative of nonprofit organizations
8018	8018	15 or foundations;
8019	8019	16 (E) one representative of parents' organizations;
8020	8020	17 and
8021	8021	18 (F) one education research expert.
8022	8022	19 (4) Five members appointed by statewide business
8023	8023	20 organizations and business trade associations.
8024	8024	21 (5) Six members appointed by statewide professional
8025	8025	22 organizations and associations representing
8026	8026	23 pre-kindergarten through grade 20 teachers, community
8027	8027	24 college faculty, and public university faculty.
8028	8028	25 (6) Two members appointed by associations representing
8029	8029	26 local school administrators and school board members. One
8030	8030
8031	8031
8032	8032
8033	8033
8034	8034
8035	8035	SB3777 - 225 - LRB103 39527 KTG 69733 b
8036	8036
8037	8037
8038	8038	SB3777- 226 -LRB103 39527 KTG 69733 b SB3777 - 226 - LRB103 39527 KTG 69733 b
8039	8039	SB3777 - 226 - LRB103 39527 KTG 69733 b
8040	8040	1 of these members must be a special education
8041	8041	2 administrator.
8042	8042	3 (7) One member representing community colleges,
8043	8043	4 appointed by the Illinois Council of Community College
8044	8044	5 Presidents.
8045	8045	6 (8) One member representing 4-year independent
8046	8046	7 colleges and universities, appointed by a statewide
8047	8047	8 organization representing private institutions of higher
8048	8048	9 learning.
8049	8049	10 (9) One member representing public 4-year
8050	8050	11 universities, appointed jointly by the university
8051	8051	12 presidents and chancellors.
8052	8052	13 (10) Ex-officio members as follows:
8053	8053	14 (A) The State Superintendent of Education or his
8054	8054	15 or her designee.
8055	8055	16 (A-5) The Secretary of Early Childhood or the
8056	8056	17 Secretary's designee.
8057	8057	18 (B) The Executive Director of the Board of Higher
8058	8058	19 Education or his or her designee.
8059	8059	20 (C) The Executive Director of the Illinois
8060	8060	21 Community College Board or his or her designee.
8061	8061	22 (D) The Executive Director of the Illinois Student
8062	8062	23 Assistance Commission or his or her designee.
8063	8063	24 (E) The Co-chairpersons of the Illinois Workforce
8064	8064	25 Investment Board or their designee.
8065	8065	26 (F) The Director of Commerce and Economic
8066	8066
8067	8067
8068	8068
8069	8069
8070	8070
8071	8071	SB3777 - 226 - LRB103 39527 KTG 69733 b
8072	8072
8073	8073
8074	8074	SB3777- 227 -LRB103 39527 KTG 69733 b SB3777 - 227 - LRB103 39527 KTG 69733 b
8075	8075	SB3777 - 227 - LRB103 39527 KTG 69733 b
8076	8076	1 Opportunity or his or her designee.
8077	8077	2 (G) The Chairperson of the Illinois Early Learning
8078	8078	3 Council or his or her designee.
8079	8079	4 (H) The President of the Illinois Mathematics and
8080	8080	5 Science Academy or his or her designee.
8081	8081	6 (I) The president of an association representing
8082	8082	7 educators of adult learners or his or her designee.
8083	8083	8 Ex-officio members shall have no vote on the Illinois P-20
8084	8084	9 Council.
8085	8085	10 Appointed members shall serve for staggered terms expiring
8086	8086	11 on July 1 of the first, second, or third calendar year
8087	8087	12 following their appointments or until their successors are
8088	8088	13 appointed and have qualified. Staggered terms shall be
8089	8089	14 determined by lot at the organizing meeting of the Illinois
8090	8090	15 P-20 Council.
8091	8091	16 Vacancies shall be filled in the same manner as original
8092	8092	17 appointments, and any member so appointed shall serve during
8093	8093	18 the remainder of the term for which the vacancy occurred.
8094	8094	19 (c) The Illinois P-20 Council shall be funded through
8095	8095	20 State appropriations to support staff activities, research,
8096	8096	21 data-collection, and dissemination. The Illinois P-20 Council
8097	8097	22 shall be staffed by the Office of the Governor, in
8098	8098	23 coordination with relevant State agencies, boards, and
8099	8099	24 commissions. The Illinois Education Research Council shall
8100	8100	25 provide research and coordinate research collection activities
8101	8101	26 for the Illinois P-20 Council.
8102	8102
8103	8103
8104	8104
8105	8105
8106	8106
8107	8107	SB3777 - 227 - LRB103 39527 KTG 69733 b
8108	8108
8109	8109
8110	8110	SB3777- 228 -LRB103 39527 KTG 69733 b SB3777 - 228 - LRB103 39527 KTG 69733 b
8111	8111	SB3777 - 228 - LRB103 39527 KTG 69733 b
8112	8112	1 (d) The Illinois P-20 Council shall have all of the
8113	8113	2 following duties:
8114	8114	3 (1) To make recommendations to do all of the
8115	8115	4 following:
8116	8116	5 (A) Coordinate pre-kindergarten through grade 20
8117	8117	6 (graduate school) education in this State through
8118	8118	7 working at the intersections of educational systems to
8119	8119	8 promote collaborative infrastructure.
8120	8120	9 (B) Coordinate and leverage strategies, actions,
8121	8121	10 legislation, policies, and resources of all
8122	8122	11 stakeholders to support fundamental and lasting
8123	8123	12 improvement in this State's public schools, community
8124	8124	13 colleges, and universities.
8125	8125	14 (C) Better align the high school curriculum with
8126	8126	15 postsecondary expectations.
8127	8127	16 (D) Better align assessments across all levels of
8128	8128	17 education.
8129	8129	18 (E) Reduce the need for students entering
8130	8130	19 institutions of higher education to take remedial
8131	8131	20 courses.
8132	8132	21 (F) Smooth the transition from high school to
8133	8133	22 college.
8134	8134	23 (G) Improve high school and college graduation
8135	8135	24 rates.
8136	8136	25 (H) Improve the rigor and relevance of academic
8137	8137	26 standards for college and workforce readiness.
8138	8138
8139	8139
8140	8140
8141	8141
8142	8142
8143	8143	SB3777 - 228 - LRB103 39527 KTG 69733 b
8144	8144
8145	8145
8146	8146	SB3777- 229 -LRB103 39527 KTG 69733 b SB3777 - 229 - LRB103 39527 KTG 69733 b
8147	8147	SB3777 - 229 - LRB103 39527 KTG 69733 b
8148	8148	1 (I) Better align college and university teaching
8149	8149	2 programs with the needs of Illinois schools.
8150	8150	3 (2) To advise the Governor, the General Assembly, the
8151	8151	4 State's education and higher education agencies, and the
8152	8152	5 State's workforce and economic development boards and
8153	8153	6 agencies on policies related to lifelong learning for
8154	8154	7 Illinois students and families.
8155	8155	8 (3) To articulate a framework for systemic educational
8156	8156	9 improvement and innovation that will enable every student
8157	8157	10 to meet or exceed Illinois learning standards and be
8158	8158	11 well-prepared to succeed in the workforce and community.
8159	8159	12 (4) To provide an estimated fiscal impact for
8160	8160	13 implementation of all Council recommendations.
8161	8161	14 (5) To make recommendations for short-term and
8162	8162	15 long-term learning recovery actions for public school
8163	8163	16 students in this State in the wake of the COVID-19
8164	8164	17 pandemic. The Illinois P-20 Council shall submit a report
8165	8165	18 with its recommendations for a multi-year recovery plan by
8166	8166	19 December 31, 2021 to the Governor, the State Board of
8167	8167	20 Education, the Board of Higher Education, the Illinois
8168	8168	21 Community College Board, and the General Assembly that
8169	8169	22 addresses all of the following:
8170	8170	23 (A) Closing the digital divide for all students,
8171	8171	24 including access to devices, Internet connectivity,
8172	8172	25 and ensuring that educators have the necessary support
8173	8173	26 and training to provide high quality remote and
8174	8174
8175	8175
8176	8176
8177	8177
8178	8178
8179	8179	SB3777 - 229 - LRB103 39527 KTG 69733 b
8180	8180
8181	8181
8182	8182	SB3777- 230 -LRB103 39527 KTG 69733 b SB3777 - 230 - LRB103 39527 KTG 69733 b
8183	8183	SB3777 - 230 - LRB103 39527 KTG 69733 b
8184	8184	1 blended learning to students.
8185	8185	2 (B) Evaluating the academic growth and proficiency
8186	8186	3 of students in order to understand the impact of
8187	8187	4 school closures and remote and blended remote learning
8188	8188	5 conditions on student academic outcomes, including
8189	8189	6 disaggregating data by race, income, diverse learners,
8190	8190	7 and English learners, in ways that balance the need to
8191	8191	8 understand that impact with the need to support
8192	8192	9 student well-being and also take into consideration
8193	8193	10 the logistical constraints facing schools and
8194	8194	11 districts.
8195	8195	12 (C) Establishing a system for the collection and
8196	8196	13 review of student data at the State level, including
8197	8197	14 data about prekindergarten through higher education
8198	8198	15 student attendance, engagement and participation,
8199	8199	16 discipline, and social-emotional and mental health
8200	8200	17 inputs and outcomes, in order to better understand the
8201	8201	18 full impact of disrupted learning.
8202	8202	19 (D) Providing students with resources and programs
8203	8203	20 for academic support, such as enrichment
8204	8204	21 opportunities, tutoring corps, summer bridge programs,
8205	8205	22 youth leadership and development programs, youth and
8206	8206	23 community-led restorative and transformative justice
8207	8207	24 programs, and youth internship and apprenticeship
8208	8208	25 programs.
8209	8209	26 (E) Providing students with resources and support
8210	8210
8211	8211
8212	8212
8213	8213
8214	8214
8215	8215	SB3777 - 230 - LRB103 39527 KTG 69733 b
8216	8216
8217	8217
8218	8218	SB3777- 231 -LRB103 39527 KTG 69733 b SB3777 - 231 - LRB103 39527 KTG 69733 b
8219	8219	SB3777 - 231 - LRB103 39527 KTG 69733 b
8220	8220	1 to ensure access to social-emotional learning, mental
8221	8221	2 health services, and trauma responsive, restorative
8222	8222	3 justice and anti-racist practices in order to support
8223	8223	4 the growth of the whole child, such as investing in
8224	8224	5 community schools and providing comprehensive
8225	8225	6 year-round services and support for both students and
8226	8226	7 their families.
8227	8227	8 (F) Ensuring more time for students' academic,
8228	8228	9 social-emotional, and mental health needs by
8229	8229	10 considering such strategies as: (i) extending planning
8230	8230	11 time for teachers, (ii) extending the school day and
8231	8231	12 school year, and (iii) transitioning to year-round
8232	8232	13 schooling.
8233	8233	14 (G) Strengthening the transition from secondary
8234	8234	15 education to postsecondary education in the wake of
8235	8235	16 threats to alignment and affordability created by the
8236	8236	17 pandemic and related conditions.
8237	8237	18 (e) The chairperson of the Illinois P-20 Council may
8238	8238	19 authorize the creation of working groups focusing on areas of
8239	8239	20 interest to Illinois educational and workforce development,
8240	8240	21 including without limitation the following areas:
8241	8241	22 (1) Preparation, recruitment, and certification of
8242	8242	23 highly qualified teachers.
8243	8243	24 (2) Mentoring and induction of highly qualified
8244	8244	25 teachers.
8245	8245	26 (3) The diversity of highly qualified teachers.
8246	8246
8247	8247
8248	8248
8249	8249
8250	8250
8251	8251	SB3777 - 231 - LRB103 39527 KTG 69733 b
8252	8252
8253	8253
8254	8254	SB3777- 232 -LRB103 39527 KTG 69733 b SB3777 - 232 - LRB103 39527 KTG 69733 b
8255	8255	SB3777 - 232 - LRB103 39527 KTG 69733 b
8256	8256	1 (4) Funding for highly qualified teachers, including
8257	8257	2 developing a strategic and collaborative plan to seek
8258	8258	3 federal and private grants to support initiatives
8259	8259	4 targeting teacher preparation and its impact on student
8260	8260	5 achievement.
8261	8261	6 (5) Highly effective administrators.
8262	8262	7 (6) Illinois birth through age 3 education,
8263	8263	8 pre-kindergarten, and early childhood education.
8264	8264	9 (7) The assessment, alignment, outreach, and network
8265	8265	10 of college and workforce readiness efforts.
8266	8266	11 (8) Alternative routes to college access.
8267	8267	12 (9) Research data and accountability.
8268	8268	13 (10) Community schools, community participation, and
8269	8269	14 other innovative approaches to education that foster
8270	8270	15 community partnerships.
8271	8271	16 (11) Tuition, financial aid, and other issues related
8272	8272	17 to keeping postsecondary education affordable for Illinois
8273	8273	18 residents.
8274	8274	19 (12) Learning recovery in the wake of the COVID-19
8275	8275	20 pandemic.
8276	8276	21 The chairperson of the Illinois P-20 Council may designate
8277	8277	22 Council members to serve as working group chairpersons.
8278	8278	23 Working groups may invite organizations and individuals
8279	8279	24 representing pre-kindergarten through grade 20 interests to
8280	8280	25 participate in discussions, data collection, and
8281	8281	26 dissemination.
8282	8282
8283	8283
8284	8284
8285	8285
8286	8286
8287	8287	SB3777 - 232 - LRB103 39527 KTG 69733 b
8288	8288
8289	8289
8290	8290	SB3777- 233 -LRB103 39527 KTG 69733 b SB3777 - 233 - LRB103 39527 KTG 69733 b
8291	8291	SB3777 - 233 - LRB103 39527 KTG 69733 b
8292	8292	1 (Source: P.A. 101-654, eff. 3-8-21.)
8293	8293	2 (105 ILCS 5/26-19)
8294	8294	3 Sec. 26-19. Chronic absenteeism in preschool children.
8295	8295	4 (a) In this Section, "chronic absence" has the meaning
8296	8296	5 ascribed to that term in Section 26-18 of this Code.
8297	8297	6 (b) The General Assembly makes all of the following
8298	8298	7 findings:
8299	8299	8 (1) The early years are an extremely important period
8300	8300	9 in a child's learning and development.
8301	8301	10 (2) Missed learning opportunities in the early years
8302	8302	11 make it difficult for a child to enter kindergarten ready
8303	8303	12 for success.
8304	8304	13 (3) Attendance patterns in the early years serve as
8305	8305	14 predictors of chronic absenteeism and reduced educational
8306	8306	15 outcomes in later school years. Therefore, it is crucial
8307	8307	16 that the implications of chronic absence be understood and
8308	8308	17 reviewed regularly under the Preschool for All Program and
8309	8309	18 Preschool for All Expansion Program under Section 2-3.71
8310	8310	19 of this Code.
8311	8311	20 (c) The Preschool for All Program and Preschool for All
8312	8312	21 Expansion Program under Section 2-3.71 of this Code shall
8313	8313	22 collect and review its chronic absence data and determine what
8314	8314	23 support and resources are needed to positively engage
8315	8315	24 chronically absent students and their families to encourage
8316	8316	25 the habit of daily attendance and promote success.
8317	8317
8318	8318
8319	8319
8320	8320
8321	8321
8322	8322	SB3777 - 233 - LRB103 39527 KTG 69733 b
8323	8323
8324	8324
8325	8325	SB3777- 234 -LRB103 39527 KTG 69733 b SB3777 - 234 - LRB103 39527 KTG 69733 b
8326	8326	SB3777 - 234 - LRB103 39527 KTG 69733 b
8327	8327	1 (d) The Preschool for All Program and Preschool for All
8328	8328	2 Expansion Program under Section 2-3.71 of this Code are
8329	8329	3 encouraged to do all of the following:
8330	8330	4 (1) Provide support to students who are at risk of
8331	8331	5 reaching or exceeding chronic absence levels.
8332	8332	6 (2) Make resources available to families, such as
8333	8333	7 those available through the State Board of Education's
8334	8334	8 Family Engagement Framework, to support and encourage
8335	8335	9 families to ensure their children's daily program
8336	8336	10 attendance.
8337	8337	11 (3) Include information about chronic absenteeism as
8338	8338	12 part of their preschool to kindergarten transition
8339	8339	13 resources.
8340	8340	14 (e) On or before July 1, 2020, and annually thereafter,
8341	8341	15 the Preschool for All Program and Preschool for All Expansion
8342	8342	16 Program shall report all data collected under subsection (c)
8343	8343	17 of this Section to the State Board of Education, which shall
8344	8344	18 make the report publicly available via the Illinois Early
8345	8345	19 Childhood Asset Map Internet website and the Preschool for All
8346	8346	20 Program or Preschool for All Expansion Program triennial
8347	8347	21 report.
8348	8348	22 (f) This Section is repealed on July 1, 2026.
8349	8349	23 (Source: P.A. 102-539, eff. 8-20-21.)
8350	8350	24 Section 90-35. The School Construction Law is amended by
8351	8351	25 changing Section 5-300 as follows:
8352	8352
8353	8353
8354	8354
8355	8355
8356	8356
8357	8357	SB3777 - 234 - LRB103 39527 KTG 69733 b
8358	8358
8359	8359
8360	8360	SB3777- 235 -LRB103 39527 KTG 69733 b SB3777 - 235 - LRB103 39527 KTG 69733 b
8361	8361	SB3777 - 235 - LRB103 39527 KTG 69733 b
8362	8362	1 (105 ILCS 230/5-300)
8363	8363	2 Sec. 5-300. Early childhood construction grants.
8364	8364	3 (a) The Capital Development Board is authorized to make
8365	8365	4 grants to public school districts and not-for-profit entities
8366	8366	5 for early childhood construction projects, except that in
8367	8367	6 fiscal year 2024 those grants may be made only to public school
8368	8368	7 districts. These grants shall be paid out of moneys
8369	8369	8 appropriated for that purpose from the School Construction
8370	8370	9 Fund, the Build Illinois Bond Fund, or the Rebuild Illinois
8371	8371	10 Projects Fund. No grants may be awarded to entities providing
8372	8372	11 services within private residences. A public school district
8373	8373	12 or other eligible entity must provide local matching funds in
8374	8374	13 the following manner:
8375	8375	14 (1) A public school district assigned to Tier 1 under
8376	8376	15 Section 18-8.15 of the School Code or any other eligible
8377	8377	16 entity in an area encompassed by that district must
8378	8378	17 provide local matching funds in an amount equal to 3% of
8379	8379	18 the grant awarded under this Section.
8380	8380	19 (2) A public school district assigned to Tier 2 under
8381	8381	20 Section 18-8.15 of the School Code or any other eligible
8382	8382	21 entity in an area encompassed by that district must
8383	8383	22 provide local matching funds in an amount equal to 7.5% of
8384	8384	23 the grant awarded under this Section.
8385	8385	24 (3) A public school district assigned to Tier 3 under
8386	8386	25 Section 18-8.15 of the School Code or any other eligible
8387	8387
8388	8388
8389	8389
8390	8390
8391	8391
8392	8392	SB3777 - 235 - LRB103 39527 KTG 69733 b
8393	8393
8394	8394
8395	8395	SB3777- 236 -LRB103 39527 KTG 69733 b SB3777 - 236 - LRB103 39527 KTG 69733 b
8396	8396	SB3777 - 236 - LRB103 39527 KTG 69733 b
8397	8397	1 entity in an area encompassed by that district must
8398	8398	2 provide local matching funds in an amount equal to 8.75%
8399	8399	3 of the grant awarded under this Section.
8400	8400	4 (4) A public school district assigned to Tier 4 under
8401	8401	5 Section 18-8.15 of the School Code or any other eligible
8402	8402	6 entity in an area encompassed by that district must
8403	8403	7 provide local matching funds in an amount equal to 10% of
8404	8404	8 the grant awarded under this Section.
8405	8405	9 A public school district or other eligible entity has no
8406	8406	10 entitlement to a grant under this Section.
8407	8407	11 (b) The Capital Development Board shall adopt rules to
8408	8408	12 implement this Section. These rules need not be the same as the
8409	8409	13 rules for school construction project grants or school
8410	8410	14 maintenance project grants. The rules may specify:
8411	8411	15 (1) the manner of applying for grants;
8412	8412	16 (2) project eligibility requirements;
8413	8413	17 (3) restrictions on the use of grant moneys;
8414	8414	18 (4) the manner in which school districts and other
8415	8415	19 eligible entities must account for the use of grant
8416	8416	20 moneys;
8417	8417	21 (5) requirements that new or improved facilities be
8418	8418	22 used for early childhood and other related programs for a
8419	8419	23 period of at least 10 years; and
8420	8420	24 (6) any other provision that the Capital Development
8421	8421	25 Board determines to be necessary or useful for the
8422	8422	26 administration of this Section.
8423	8423
8424	8424
8425	8425
8426	8426
8427	8427
8428	8428	SB3777 - 236 - LRB103 39527 KTG 69733 b
8429	8429
8430	8430
8431	8431	SB3777- 237 -LRB103 39527 KTG 69733 b SB3777 - 237 - LRB103 39527 KTG 69733 b
8432	8432	SB3777 - 237 - LRB103 39527 KTG 69733 b
8433	8433	1 (b-5) When grants are made to non-profit corporations for
8434	8434	2 the acquisition or construction of new facilities, the Capital
8435	8435	3 Development Board or any State agency it so designates shall
8436	8436	4 hold title to or place a lien on the facility for a period of
8437	8437	5 10 years after the date of the grant award, after which title
8438	8438	6 to the facility shall be transferred to the non-profit
8439	8439	7 corporation or the lien shall be removed, provided that the
8440	8440	8 non-profit corporation has complied with the terms of its
8441	8441	9 grant agreement. When grants are made to non-profit
8442	8442	10 corporations for the purpose of renovation or rehabilitation,
8443	8443	11 if the non-profit corporation does not comply with item (5) of
8444	8444	12 subsection (b) of this Section, the Capital Development Board
8445	8445	13 or any State agency it so designates shall recover the grant
8446	8446	14 pursuant to the procedures outlined in the Illinois Grant
8447	8447	15 Funds Recovery Act.
8448	8448	16 (c) The Capital Development Board, in consultation with
8449	8449	17 the State Board of Education, shall establish standards for
8450	8450	18 the determination of priority needs concerning early childhood
8451	8451	19 projects based on projects located in communities in the State
8452	8452	20 with the greatest underserved population of young children,
8453	8453	21 utilizing Census data and other reliable local early childhood
8454	8454	22 service data.
8455	8455	23 (d) In each school year in which early childhood
8456	8456	24 construction project grants are awarded, 20% of the total
8457	8457	25 amount awarded shall be awarded to a school district with a
8458	8458	26 population of more than 500,000, provided that the school
8459	8459
8460	8460
8461	8461
8462	8462
8463	8463
8464	8464	SB3777 - 237 - LRB103 39527 KTG 69733 b
8465	8465
8466	8466
8467	8467	SB3777- 238 -LRB103 39527 KTG 69733 b SB3777 - 238 - LRB103 39527 KTG 69733 b
8468	8468	SB3777 - 238 - LRB103 39527 KTG 69733 b
8469	8469	1 district complies with the requirements of this Section and
8470	8470	2 the rules adopted under this Section.
8471	8471	3 (e) This Section is repealed on July 1, 2026.
8472	8472	4 (Source: P.A. 102-16, eff. 6-17-21; 103-8, eff. 6-7-23.)
8473	8473	5 Section 90-40. The Early Childhood Access Consortium for
8474	8474	6 Equity Act is amended by changing Sections 25 and 35 as
8475	8475	7 follows:
8476	8476	8 (110 ILCS 28/25)
8477	8477	9 Sec. 25. Advisory committee; membership.
8478	8478	10 (a) The Board of Higher Education, the Illinois Community
8479	8479	11 College Board, the State Board of Education, the Department of
8480	8480	12 Human Services, and the Department of Early Childhood
8481	8481	13 Governor's Office of Early Childhood Development shall jointly
8482	8482	14 convene a Consortium advisory committee to provide guidance on
8483	8483	15 the operation of the Consortium.
8484	8484	16 (b) Membership on the advisory committee shall be
8485	8485	17 comprised of employers and experts appointed by the Board of
8486	8486	18 Higher Education, the Illinois Community College Board, the
8487	8487	19 Department of Early Childhood, the Department of Human
8488	8488	20 Services Governor's Office of Early Childhood Development, and
8489	8489	21 the State Board of Education. Membership shall also include
8490	8490	22 all of the following members:
8491	8491	23 (1) An employer from a community-based child care
8492	8492	24 provider, appointed by the Department of Human Services
8493	8493
8494	8494
8495	8495
8496	8496
8497	8497
8498	8498	SB3777 - 238 - LRB103 39527 KTG 69733 b
8499	8499
8500	8500
8501	8501	SB3777- 239 -LRB103 39527 KTG 69733 b SB3777 - 239 - LRB103 39527 KTG 69733 b
8502	8502	SB3777 - 239 - LRB103 39527 KTG 69733 b
8503	8503	1 Governor's Office of Early Childhood Development.
8504	8504	2 (2) An employer from a for-profit child care provider,
8505	8505	3 appointed by the Department of Human Services Governor's
8506	8506	4 Office of Early Childhood Development.
8507	8507	5 (3) An employer from a nonprofit child care provider,
8508	8508	6 appointed by the Department of Human Services Governor's
8509	8509	7 Office of Early Childhood Development.
8510	8510	8 (4) A provider of family child care, appointed by the
8511	8511	9 Department of Human Services Governor's Office of Early
8512	8512	10 Childhood Development.
8513	8513	11 (5) An employer located in southern Illinois,
8514	8514	12 appointed by the Department of Early Childhood Governor's
8515	8515	13 Office of Early Childhood Development.
8516	8516	14 (6) An employer located in central Illinois, appointed
8517	8517	15 by the Department of Early Childhood Governor's Office of
8518	8518	16 Early Childhood Development.
8519	8519	17 (7) At least one member who represents an urban school
8520	8520	18 district, appointed by the State Board of Education.
8521	8521	19 (8) At least one member who represents a suburban
8522	8522	20 school district, appointed by the State Board of
8523	8523	21 Education.
8524	8524	22 (9) At least one member who represents a rural school
8525	8525	23 district, appointed by the State Board of Education.
8526	8526	24 (10) At least one member who represents a school
8527	8527	25 district in a city with a population of 500,000 or more,
8528	8528	26 appointed by the State Board of Education.
8529	8529
8530	8530
8531	8531
8532	8532
8533	8533
8534	8534	SB3777 - 239 - LRB103 39527 KTG 69733 b
8535	8535
8536	8536
8537	8537	SB3777- 240 -LRB103 39527 KTG 69733 b SB3777 - 240 - LRB103 39527 KTG 69733 b
8538	8538	SB3777 - 240 - LRB103 39527 KTG 69733 b
8539	8539	1 (11) Two early childhood advocates with statewide
8540	8540	2 expertise in early childhood workforce issues, appointed
8541	8541	3 by the Department of Early Childhood Governor's Office of
8542	8542	4 Early Childhood Development.
8543	8543	5 (12) The Chairperson or Vice-Chairperson and the
8544	8544	6 Minority Spokesperson or a designee of the Senate
8545	8545	7 Committee on Higher Education.
8546	8546	8 (13) The Chairperson or Vice-Chairperson and the
8547	8547	9 Minority Spokesperson or a designee of the House Committee
8548	8548	10 on Higher Education.
8549	8549	11 (14) One member representing the Illinois Community
8550	8550	12 College Board, who shall serve as co-chairperson,
8551	8551	13 appointed by the Illinois Community College Board.
8552	8552	14 (15) One member representing the Board of Higher
8553	8553	15 Education, who shall serve as co-chairperson, appointed by
8554	8554	16 the Board of Higher Education.
8555	8555	17 (16) One member representing the Illinois Student
8556	8556	18 Assistance Commission, appointed by the Board of Higher
8557	8557	19 Education.
8558	8558	20 (17) One member representing the State Board of
8559	8559	21 Education, who shall serve as co-chairperson, appointed by
8560	8560	22 the State Board of Education.
8561	8561	23 (18) One member representing the Department of Early
8562	8562	24 Childhood Governor's Office of Early Childhood
8563	8563	25 Development, who shall serve as co-chairperson, appointed
8564	8564	26 by the Department of Early Childhood Governor's Office of
8565	8565
8566	8566
8567	8567
8568	8568
8569	8569
8570	8570	SB3777 - 240 - LRB103 39527 KTG 69733 b
8571	8571
8572	8572
8573	8573	SB3777- 241 -LRB103 39527 KTG 69733 b SB3777 - 241 - LRB103 39527 KTG 69733 b
8574	8574	SB3777 - 241 - LRB103 39527 KTG 69733 b
8575	8575	1 Early Childhood Development.
8576	8576	2 (19) One member representing the Department of Human
8577	8577	3 Services, who shall serve as co-chairperson, appointed by
8578	8578	4 the Department of Human Services Governor's Office of
8579	8579	5 Early Childhood Development.
8580	8580	6 (20) One member representing INCCRRA, appointed by the
8581	8581	7 Department of Early Childhood Governor's Office of Early
8582	8582	8 Childhood Development.
8583	8583	9 (21) One member representing the Department of
8584	8584	10 Children and Family Services, appointed by the Department
8585	8585	11 of Children and Family Services Governor's Office of Early
8586	8586	12 Childhood Development.
8587	8587	13 (22) One member representing an organization that
8588	8588	14 advocates on behalf of community college trustees,
8589	8589	15 appointed by the Illinois Community College Board.
8590	8590	16 (23) One member of a union representing child care and
8591	8591	17 early childhood providers, appointed by the Department of
8592	8592	18 Human Services Governor's Office of Early Childhood
8593	8593	19 Development.
8594	8594	20 (24) Two members of unions representing higher
8595	8595	21 education faculty, appointed by the Board of Higher
8596	8596	22 Education.
8597	8597	23 (25) A representative from the College of Education of
8598	8598	24 an urban public university, appointed by the Board of
8599	8599	25 Higher Education.
8600	8600	26 (26) A representative from the College of Education of
8601	8601
8602	8602
8603	8603
8604	8604
8605	8605
8606	8606	SB3777 - 241 - LRB103 39527 KTG 69733 b
8607	8607
8608	8608
8609	8609	SB3777- 242 -LRB103 39527 KTG 69733 b SB3777 - 242 - LRB103 39527 KTG 69733 b
8610	8610	SB3777 - 242 - LRB103 39527 KTG 69733 b
8611	8611	1 a suburban public university, appointed by the Board of
8612	8612	2 Higher Education.
8613	8613	3 (27) A representative from the College of Education of
8614	8614	4 a rural public university, appointed by the Board of
8615	8615	5 Higher Education.
8616	8616	6 (28) A representative from the College of Education of
8617	8617	7 a private university, appointed by the Board of Higher
8618	8618	8 Education.
8619	8619	9 (29) A representative of an urban community college,
8620	8620	10 appointed by the Illinois Community College Board.
8621	8621	11 (30) A representative of a suburban community college,
8622	8622	12 appointed by the Illinois Community College Board.
8623	8623	13 (31) A representative of rural community college,
8624	8624	14 appointed by the Illinois Community College Board.
8625	8625	15 (c) The advisory committee shall meet quarterly. The
8626	8626	16 committee meetings shall be open to the public in accordance
8627	8627	17 with the provisions of the Open Meetings Act.
8628	8628	18 (Source: P.A. 102-174, eff. 7-28-21.)
8629	8629	19 (110 ILCS 28/35)
8630	8630	20 Sec. 35. Goals and metrics.
8631	8631	21 (a) By July 1, 2021 or within 60 days after the effective
8632	8632	22 date of this amendatory Act of the 102nd General Assembly, the
8633	8633	23 Board of Higher Education's Strategic Plan Educator Workforce
8634	8634	24 subgroup on the early childhood workforce must set goals for
8635	8635	25 the Consortium for the enrollment, persistence, and completion
8636	8636
8637	8637
8638	8638
8639	8639
8640	8640
8641	8641	SB3777 - 242 - LRB103 39527 KTG 69733 b
8642	8642
8643	8643
8644	8644	SB3777- 243 -LRB103 39527 KTG 69733 b SB3777 - 243 - LRB103 39527 KTG 69733 b
8645	8645	SB3777 - 243 - LRB103 39527 KTG 69733 b
8646	8646	1 of members of the incumbent workforce in associate,
8647	8647	2 bachelor's, and master's degree programs, Gateways Credentials
8648	8648	3 in Level 2, 3, or 4, and Professional Educator Licensure by
8649	8649	4 September 30, 2024. The goals set for the Consortium must be
8650	8650	5 data informed and include targets for annual enrollment and
8651	8651	6 persistence.
8652	8652	7 (b) Data from the Gateways Registry, March 2020, indicates
8653	8653	8 that there are 7,670 individuals with an associate degree who
8654	8654	9 would benefit from progressing to a baccalaureate degree and
8655	8655	10 20,467 individuals with a high school diploma or some college
8656	8656	11 who would benefit from progressing to an associate degree. If
8657	8657	12 the goals cannot be set in accordance with subsection (a), the
8658	8658	13 goal for the Consortium shall be that by September 30, 2024,
8659	8659	14 20% of the individuals described in this subsection (b) who do
8660	8660	15 not have a degree will have enrolled and be persisting toward
8661	8661	16 or have attained a Gateways Credential in Level 2, 3, or 4 or
8662	8662	17 an associate degree and, of the individuals who have an
8663	8663	18 associate degree, will be enrolled and persisting toward or
8664	8664	19 have attained a baccalaureate degree or will be persisting
8665	8665	20 toward or have attained a Professional Educator License.
8666	8666	21 (c) Student financial aid, including incentives and
8667	8667	22 stipends, data-sharing, and professional statewide engagement
8668	8668	23 and marketing campaign and recruitment efforts are critical to
8669	8669	24 the Consortium's ability to quickly attract and enroll
8670	8670	25 students into these programs. Navigators, mentors, and
8671	8671	26 advisors are critical for persistence and completion. If
8672	8672
8673	8673
8674	8674
8675	8675
8676	8676
8677	8677	SB3777 - 243 - LRB103 39527 KTG 69733 b
8678	8678
8679	8679
8680	8680	SB3777- 244 -LRB103 39527 KTG 69733 b SB3777 - 244 - LRB103 39527 KTG 69733 b
8681	8681	SB3777 - 244 - LRB103 39527 KTG 69733 b
8682	8682	1 federal funds are not appropriated for these purposes and the
8683	8683	2 other purposes of this Section, the Board of Higher Education,
8684	8684	3 the Illinois Community College Board, the State Board of
8685	8685	4 Education, the Department of Human Services, and the
8686	8686	5 Department of Early Childhood Governor's Office of Early
8687	8687	6 Childhood Development, in consultation with the advisory
8688	8688	7 committee, shall adjust the initial target metrics
8689	8689	8 appropriately by adopting challenging goals that may be
8690	8690	9 attainable with less public investment.
8691	8691	10 (d) The Board of Higher Education, the Illinois Community
8692	8692	11 College Board, the State Board of Education, the Department of
8693	8693	12 Human Services, and the Department of Early Childhood
8694	8694	13 Governor's Office of Early Childhood Development, in
8695	8695	14 consultation with the advisory committee, shall determine new
8696	8696	15 metrics and goals for the Consortium as they relate to the
8697	8697	16 remaining and future early childhood workforce, to be
8698	8698	17 instituted after the close of the 2024-2025 academic year and
8699	8699	18 going forward. Metrics must take into consideration that the
8700	8700	19 pipeline depends on sustained, increased student enrollment
8701	8701	20 and completion rates at the associate degree level if this
8702	8702	21 State aims to continue with sustained, increased student
8703	8703	22 enrollment and completion at the bachelor's degree level.
8704	8704	23 (Source: P.A. 102-174, eff. 7-28-21.)
8705	8705	24 Section 90-45. The Illinois Public Aid Code is amended by
8706	8706	25 changing Sections 2-12, 2-12.5, 9A-11, 9A-11.5, and 9A-17 as
8707	8707
8708	8708
8709	8709
8710	8710
8711	8711
8712	8712	SB3777 - 244 - LRB103 39527 KTG 69733 b
8713	8713
8714	8714
8715	8715	SB3777- 245 -LRB103 39527 KTG 69733 b SB3777 - 245 - LRB103 39527 KTG 69733 b
8716	8716	SB3777 - 245 - LRB103 39527 KTG 69733 b
8717	8717	1 follows:
8718	8718	2 (305 ILCS 5/2-12) (from Ch. 23, par. 2-12)
8719	8719	3 Sec. 2-12. "Illinois Department"; "Department". In this
8720	8720	4 Code, "Illinois Department" or "Department", when a particular
8721	8721	5 entity is not specified, means the following:
8722	8722	6 (1) In the case of a function performed before July 1, 1997
8723	8723	7 (the effective date of the Department of Human Services Act),
8724	8724	8 the term means the Department of Public Aid.
8725	8725	9 (2) Except as provided in paragraph (2.5), in In the case
8726	8726	10 of a function to be performed on or after July 1, 1997 under
8727	8727	11 Article III, IV, VI, IX, or IXA, the term means the Department
8728	8728	12 of Human Services as successor to the Illinois Department of
8729	8729	13 Public Aid.
8730	8730	14 (2.5) In the case of a function to be performed on or after
8731	8731	15 July 1, 2026 under Sections 9A-11 and 9A-11-5, the term means
8732	8732	16 the Department of Early Childhood.
8733	8733	17 (3) In the case of a function to be performed on or after
8734	8734	18 July 1, 1997 under Article V, V-A, V-B, V-C, V-D, V-E, X, XIV,
8735	8735	19 or XV, the term means the Department of Healthcare and Family
8736	8736	20 Services (formerly Illinois Department of Public Aid).
8737	8737	21 (4) In the case of a function to be performed on or after
8738	8738	22 July 1, 1997 under Article I, II, VIIIA, XI, XII, or XIII, the
8739	8739	23 term means the Department of Human Services (acting as
8740	8740	24 successor to the Illinois Department of Public Aid) or the
8741	8741	25 Department of Healthcare and Family Services (formerly
8742	8742
8743	8743
8744	8744
8745	8745
8746	8746
8747	8747	SB3777 - 245 - LRB103 39527 KTG 69733 b
8748	8748
8749	8749
8750	8750	SB3777- 246 -LRB103 39527 KTG 69733 b SB3777 - 246 - LRB103 39527 KTG 69733 b
8751	8751	SB3777 - 246 - LRB103 39527 KTG 69733 b
8752	8752	1 Illinois Department of Public Aid) or both, according to
8753	8753	2 whether that function, in the specific context, has been
8754	8754	3 allocated to the Department of Human Services or the
8755	8755	4 Department of Healthcare and Family Services (formerly
8756	8756	5 Department of Public Aid) or both of those departments.
8757	8757	6 (Source: P.A. 95-331, eff. 8-21-07.)
8758	8758	7 (305 ILCS 5/2-12.5)
8759	8759	8 Sec. 2-12.5. "Director of the Illinois Department";
8760	8760	9 "Director of the Department"; "Director". In this Code,
8761	8761	10 "Director of the Illinois Department", "Director of the
8762	8762	11 Department", or "Director", when a particular official is not
8763	8763	12 specified, means the following:
8764	8764	13 (1) In the case of a function performed before July 1, 1997
8765	8765	14 (the effective date of the Department of Human Services Act),
8766	8766	15 the term means the Director of Public Aid.
8767	8767	16 (2) Except as provided in paragraph (2.5), in In the case
8768	8768	17 of a function to be performed on or after July 1, 1997 under
8769	8769	18 Article III, IV, VI, IX, or IXA, the term means the Secretary
8770	8770	19 of Human Services.
8771	8771	20 (2.5) In the case of a function to be performed on or after
8772	8772	21 July 1, 2026 under Sections 9A-11 and 9A-11-5, the term means
8773	8773	22 the Secretary of Early Childhood.
8774	8774	23 (3) In the case of a function to be performed on or after
8775	8775	24 July 1, 1997 under Article V, V-A, V-B, V-C, V-D, V-E, X, XIV,
8776	8776	25 or XV, the term means the Director of Healthcare and Family
8777	8777
8778	8778
8779	8779
8780	8780
8781	8781
8782	8782	SB3777 - 246 - LRB103 39527 KTG 69733 b
8783	8783
8784	8784
8785	8785	SB3777- 247 -LRB103 39527 KTG 69733 b SB3777 - 247 - LRB103 39527 KTG 69733 b
8786	8786	SB3777 - 247 - LRB103 39527 KTG 69733 b
8787	8787	1 Services (formerly Director of Public Aid).
8788	8788	2 (4) In the case of a function to be performed on or after
8789	8789	3 July 1, 1997 under Article I, II, VIIIA, XI, XII, or XIII, the
8790	8790	4 term means the Secretary of Human Services or the Director of
8791	8791	5 Healthcare and Family Services (formerly Director of Public
8792	8792	6 Aid) or both, according to whether that function, in the
8793	8793	7 specific context, has been allocated to the Department of
8794	8794	8 Human Services or the Department of Healthcare and Family
8795	8795	9 Services (formerly Department of Public Aid) or both of those
8796	8796	10 departments.
8797	8797	11 (Source: P.A. 95-331, eff. 8-21-07.)
8798	8798	12 (305 ILCS 5/9A-11) (from Ch. 23, par. 9A-11)
8799	8799	13 Sec. 9A-11. Child care.
8800	8800	14 (a) The General Assembly recognizes that families with
8801	8801	15 children need child care in order to work. Child care is
8802	8802	16 expensive and families with limited access to economic
8803	8803	17 resources, including those who are transitioning from welfare
8804	8804	18 to work, often struggle to pay the costs of day care. The
8805	8805	19 General Assembly understands the importance of helping working
8806	8806	20 families with limited access to economic resources become and
8807	8807	21 remain self-sufficient. The General Assembly also believes
8808	8808	22 that it is the responsibility of families to share in the costs
8809	8809	23 of child care. It is also the preference of the General
8810	8810	24 Assembly that all working families with limited access to
8811	8811	25 economic resources should be treated equally, regardless of
8812	8812
8813	8813
8814	8814
8815	8815
8816	8816
8817	8817	SB3777 - 247 - LRB103 39527 KTG 69733 b
8818	8818
8819	8819
8820	8820	SB3777- 248 -LRB103 39527 KTG 69733 b SB3777 - 248 - LRB103 39527 KTG 69733 b
8821	8821	SB3777 - 248 - LRB103 39527 KTG 69733 b
8822	8822	1 their welfare status.
8823	8823	2 (b) To the extent resources permit, the Illinois
8824	8824	3 Department shall provide child care services to parents or
8825	8825	4 other relatives as defined by rule who are working or
8826	8826	5 participating in employment or Department approved education
8827	8827	6 or training programs. At a minimum, the Illinois Department
8828	8828	7 shall cover the following categories of families:
8829	8829	8 (1) recipients of TANF under Article IV participating
8830	8830	9 in work and training activities as specified in the
8831	8831	10 personal plan for employment and self-sufficiency;
8832	8832	11 (2) families transitioning from TANF to work;
8833	8833	12 (3) families at risk of becoming recipients of TANF;
8834	8834	13 (4) families with special needs as defined by rule;
8835	8835	14 (5) working families with very low incomes as defined
8836	8836	15 by rule;
8837	8837	16 (6) families that are not recipients of TANF and that
8838	8838	17 need child care assistance to participate in education and
8839	8839	18 training activities;
8840	8840	19 (7) youth in care, as defined in Section 4d of the
8841	8841	20 Children and Family Services Act, who are parents,
8842	8842	21 regardless of income or whether they are working or
8843	8843	22 participating in Department-approved employment or
8844	8844	23 education or training programs. Any family that receives
8845	8845	24 child care assistance in accordance with this paragraph
8846	8846	25 shall receive one additional 12-month child care
8847	8847	26 eligibility period after the parenting youth in care's
8848	8848
8849	8849
8850	8850
8851	8851
8852	8852
8853	8853	SB3777 - 248 - LRB103 39527 KTG 69733 b
8854	8854
8855	8855
8856	8856	SB3777- 249 -LRB103 39527 KTG 69733 b SB3777 - 249 - LRB103 39527 KTG 69733 b
8857	8857	SB3777 - 249 - LRB103 39527 KTG 69733 b
8858	8858	1 case with the Department of Children and Family Services
8859	8859	2 is closed, regardless of income or whether the parenting
8860	8860	3 youth in care is working or participating in
8861	8861	4 Department-approved employment or education or training
8862	8862	5 programs;
8863	8863	6 (8) families receiving Extended Family Support Program
8864	8864	7 services from the Department of Children and Family
8865	8865	8 Services, regardless of income or whether they are working
8866	8866	9 or participating in Department-approved employment or
8867	8867	10 education or training programs; and
8868	8868	11 (9) families with children under the age of 5 who have
8869	8869	12 an open intact family services case with the Department of
8870	8870	13 Children and Family Services. Any family that receives
8871	8871	14 child care assistance in accordance with this paragraph
8872	8872	15 shall remain eligible for child care assistance 6 months
8873	8873	16 after the child's intact family services case is closed,
8874	8874	17 regardless of whether the child's parents or other
8875	8875	18 relatives as defined by rule are working or participating
8876	8876	19 in Department approved employment or education or training
8877	8877	20 programs. The Department of Early Childhood Human
8878	8878	21 Services, in consultation with the Department of Children
8879	8879	22 and Family Services, shall adopt rules to protect the
8880	8880	23 privacy of families who are the subject of an open intact
8881	8881	24 family services case when such families enroll in child
8882	8882	25 care services. Additional rules shall be adopted to offer
8883	8883	26 children who have an open intact family services case the
8884	8884
8885	8885
8886	8886
8887	8887
8888	8888
8889	8889	SB3777 - 249 - LRB103 39527 KTG 69733 b
8890	8890
8891	8891
8892	8892	SB3777- 250 -LRB103 39527 KTG 69733 b SB3777 - 250 - LRB103 39527 KTG 69733 b
8893	8893	SB3777 - 250 - LRB103 39527 KTG 69733 b
8894	8894	1 opportunity to receive an Early Intervention screening and
8895	8895	2 other services that their families may be eligible for as
8896	8896	3 provided by the Department of Human Services.
8897	8897	4 Beginning October 1, 2027 2023, and every October 1
8898	8898	5 thereafter, the Department of Children and Family Services
8899	8899	6 shall report to the General Assembly on the number of children
8900	8900	7 who received child care via vouchers paid for by the
8901	8901	8 Department of Early Childhood Children and Family Services
8902	8902	9 during the preceding fiscal year. The report shall include the
8903	8903	10 ages of children who received child care, the type of child
8904	8904	11 care they received, and the number of months they received
8905	8905	12 child care.
8906	8906	13 The Department shall specify by rule the conditions of
8907	8907	14 eligibility, the application process, and the types, amounts,
8908	8908	15 and duration of services. Eligibility for child care benefits
8909	8909	16 and the amount of child care provided may vary based on family
8910	8910	17 size, income, and other factors as specified by rule.
8911	8911	18 The Department shall update the Child Care Assistance
8912	8912	19 Program Eligibility Calculator posted on its website to
8913	8913	20 include a question on whether a family is applying for child
8914	8914	21 care assistance for the first time or is applying for a
8915	8915	22 redetermination of eligibility.
8916	8916	23 A family's eligibility for child care services shall be
8917	8917	24 redetermined no sooner than 12 months following the initial
8918	8918	25 determination or most recent redetermination. During the
8919	8919	26 12-month periods, the family shall remain eligible for child
8920	8920
8921	8921
8922	8922
8923	8923
8924	8924
8925	8925	SB3777 - 250 - LRB103 39527 KTG 69733 b
8926	8926
8927	8927
8928	8928	SB3777- 251 -LRB103 39527 KTG 69733 b SB3777 - 251 - LRB103 39527 KTG 69733 b
8929	8929	SB3777 - 251 - LRB103 39527 KTG 69733 b
8930	8930	1 care services regardless of (i) a change in family income,
8931	8931	2 unless family income exceeds 85% of State median income, or
8932	8932	3 (ii) a temporary change in the ongoing status of the parents or
8933	8933	4 other relatives, as defined by rule, as working or attending a
8934	8934	5 job training or educational program.
8935	8935	6 In determining income eligibility for child care benefits,
8936	8936	7 the Department annually, at the beginning of each fiscal year,
8937	8937	8 shall establish, by rule, one income threshold for each family
8938	8938	9 size, in relation to percentage of State median income for a
8939	8939	10 family of that size, that makes families with incomes below
8940	8940	11 the specified threshold eligible for assistance and families
8941	8941	12 with incomes above the specified threshold ineligible for
8942	8942	13 assistance. Through and including fiscal year 2007, the
8943	8943	14 specified threshold must be no less than 50% of the
8944	8944	15 then-current State median income for each family size.
8945	8945	16 Beginning in fiscal year 2008, the specified threshold must be
8946	8946	17 no less than 185% of the then-current federal poverty level
8947	8947	18 for each family size. Notwithstanding any other provision of
8948	8948	19 law or administrative rule to the contrary, beginning in
8949	8949	20 fiscal year 2019, the specified threshold for working families
8950	8950	21 with very low incomes as defined by rule must be no less than
8951	8951	22 185% of the then-current federal poverty level for each family
8952	8952	23 size. Notwithstanding any other provision of law or
8953	8953	24 administrative rule to the contrary, beginning in State fiscal
8954	8954	25 year 2022 through State fiscal year 2023, the specified income
8955	8955	26 threshold shall be no less than 200% of the then-current
8956	8956
8957	8957
8958	8958
8959	8959
8960	8960
8961	8961	SB3777 - 251 - LRB103 39527 KTG 69733 b
8962	8962
8963	8963
8964	8964	SB3777- 252 -LRB103 39527 KTG 69733 b SB3777 - 252 - LRB103 39527 KTG 69733 b
8965	8965	SB3777 - 252 - LRB103 39527 KTG 69733 b
8966	8966	1 federal poverty level for each family size. Beginning in State
8967	8967	2 fiscal year 2024, the specified income threshold shall be no
8968	8968	3 less than 225% of the then-current federal poverty level for
8969	8969	4 each family size.
8970	8970	5 In determining eligibility for assistance, the Department
8971	8971	6 shall not give preference to any category of recipients or
8972	8972	7 give preference to individuals based on their receipt of
8973	8973	8 benefits under this Code.
8974	8974	9 Nothing in this Section shall be construed as conferring
8975	8975	10 entitlement status to eligible families.
8976	8976	11 The Illinois Department is authorized to lower income
8977	8977	12 eligibility ceilings, raise parent co-payments, create waiting
8978	8978	13 lists, or take such other actions during a fiscal year as are
8979	8979	14 necessary to ensure that child care benefits paid under this
8980	8980	15 Article do not exceed the amounts appropriated for those child
8981	8981	16 care benefits. These changes may be accomplished by emergency
8982	8982	17 rule under Section 5-45 of the Illinois Administrative
8983	8983	18 Procedure Act, except that the limitation on the number of
8984	8984	19 emergency rules that may be adopted in a 24-month period shall
8985	8985	20 not apply.
8986	8986	21 The Illinois Department may contract with other State
8987	8987	22 agencies or child care organizations for the administration of
8988	8988	23 child care services.
8989	8989	24 (c) Payment shall be made for child care that otherwise
8990	8990	25 meets the requirements of this Section and applicable
8991	8991	26 standards of State and local law and regulation, including any
8992	8992
8993	8993
8994	8994
8995	8995
8996	8996
8997	8997	SB3777 - 252 - LRB103 39527 KTG 69733 b
8998	8998
8999	8999
9000	9000	SB3777- 253 -LRB103 39527 KTG 69733 b SB3777 - 253 - LRB103 39527 KTG 69733 b
9001	9001	SB3777 - 253 - LRB103 39527 KTG 69733 b
9002	9002	1 requirements the Illinois Department promulgates by rule.
9003	9003	2 Through June 30, 2026, the rules of this Section include
9004	9004	3 licensure requirements adopted by the Department of Children
9005	9005	4 and Family Services. On and after July 1, 2026, the rules of
9006	9006	5 this Section include licensure requirements adopted by the
9007	9007	6 Department of Early Childhood. In addition, the regulations of
9008	9008	7 this Section include the in addition to the licensure
9009	9009	8 requirements promulgated by the Department of Children and
9010	9010	9 Family Services and Fire Prevention and Safety requirements
9011	9011	10 promulgated by the Office of the State Fire Marshal, and is
9012	9012	11 provided in any of the following:
9013	9013	12 (1) a child care center which is licensed or exempt
9014	9014	13 from licensure pursuant to Section 2.09 of the Child Care
9015	9015	14 Act of 1969;
9016	9016	15 (2) a licensed child care home or home exempt from
9017	9017	16 licensing;
9018	9018	17 (3) a licensed group child care home;
9019	9019	18 (4) other types of child care, including child care
9020	9020	19 provided by relatives or persons living in the same home
9021	9021	20 as the child, as determined by the Illinois Department by
9022	9022	21 rule.
9023	9023	22 (c-5) Solely for the purposes of coverage under the
9024	9024	23 Illinois Public Labor Relations Act, child and day care home
9025	9025	24 providers, including licensed and license exempt,
9026	9026	25 participating in the Department's child care assistance
9027	9027	26 program shall be considered to be public employees and the
9028	9028
9029	9029
9030	9030
9031	9031
9032	9032
9033	9033	SB3777 - 253 - LRB103 39527 KTG 69733 b
9034	9034
9035	9035
9036	9036	SB3777- 254 -LRB103 39527 KTG 69733 b SB3777 - 254 - LRB103 39527 KTG 69733 b
9037	9037	SB3777 - 254 - LRB103 39527 KTG 69733 b
9038	9038	1 State of Illinois shall be considered to be their employer as
9039	9039	2 of January 1, 2006 (the effective date of Public Act 94-320),
9040	9040	3 but not before. The State shall engage in collective
9041	9041	4 bargaining with an exclusive representative of child and day
9042	9042	5 care home providers participating in the child care assistance
9043	9043	6 program concerning their terms and conditions of employment
9044	9044	7 that are within the State's control. Nothing in this
9045	9045	8 subsection shall be understood to limit the right of families
9046	9046	9 receiving services defined in this Section to select child and
9047	9047	10 day care home providers or supervise them within the limits of
9048	9048	11 this Section. The State shall not be considered to be the
9049	9049	12 employer of child and day care home providers for any purposes
9050	9050	13 not specifically provided in Public Act 94-320, including, but
9051	9051	14 not limited to, purposes of vicarious liability in tort and
9052	9052	15 purposes of statutory retirement or health insurance benefits.
9053	9053	16 Child and day care home providers shall not be covered by the
9054	9054	17 State Employees Group Insurance Act of 1971.
9055	9055	18 In according child and day care home providers and their
9056	9056	19 selected representative rights under the Illinois Public Labor
9057	9057	20 Relations Act, the State intends that the State action
9058	9058	21 exemption to application of federal and State antitrust laws
9059	9059	22 be fully available to the extent that their activities are
9060	9060	23 authorized by Public Act 94-320.
9061	9061	24 (d) The Illinois Department shall establish, by rule, a
9062	9062	25 co-payment scale that provides for cost sharing by families
9063	9063	26 that receive child care services, including parents whose only
9064	9064
9065	9065
9066	9066
9067	9067
9068	9068
9069	9069	SB3777 - 254 - LRB103 39527 KTG 69733 b
9070	9070
9071	9071
9072	9072	SB3777- 255 -LRB103 39527 KTG 69733 b SB3777 - 255 - LRB103 39527 KTG 69733 b
9073	9073	SB3777 - 255 - LRB103 39527 KTG 69733 b
9074	9074	1 income is from assistance under this Code. The co-payment
9075	9075	2 shall be based on family income and family size and may be
9076	9076	3 based on other factors as appropriate. Co-payments may be
9077	9077	4 waived for families whose incomes are at or below the federal
9078	9078	5 poverty level.
9079	9079	6 (d-5) The Illinois Department, in consultation with its
9080	9080	7 Child Care and Development Advisory Council, shall develop a
9081	9081	8 plan to revise the child care assistance program's co-payment
9082	9082	9 scale. The plan shall be completed no later than February 1,
9083	9083	10 2008, and shall include:
9084	9084	11 (1) findings as to the percentage of income that the
9085	9085	12 average American family spends on child care and the
9086	9086	13 relative amounts that low-income families and the average
9087	9087	14 American family spend on other necessities of life;
9088	9088	15 (2) recommendations for revising the child care
9089	9089	16 co-payment scale to assure that families receiving child
9090	9090	17 care services from the Department are paying no more than
9091	9091	18 they can reasonably afford;
9092	9092	19 (3) recommendations for revising the child care
9093	9093	20 co-payment scale to provide at-risk children with complete
9094	9094	21 access to Preschool for All and Head Start; and
9095	9095	22 (4) recommendations for changes in child care program
9096	9096	23 policies that affect the affordability of child care.
9097	9097	24 (e) (Blank).
9098	9098	25 (f) The Illinois Department shall, by rule, set rates to
9099	9099	26 be paid for the various types of child care. Child care may be
9100	9100
9101	9101
9102	9102
9103	9103
9104	9104
9105	9105	SB3777 - 255 - LRB103 39527 KTG 69733 b
9106	9106
9107	9107
9108	9108	SB3777- 256 -LRB103 39527 KTG 69733 b SB3777 - 256 - LRB103 39527 KTG 69733 b
9109	9109	SB3777 - 256 - LRB103 39527 KTG 69733 b
9110	9110	1 provided through one of the following methods:
9111	9111	2 (1) arranging the child care through eligible
9112	9112	3 providers by use of purchase of service contracts or
9113	9113	4 vouchers;
9114	9114	5 (2) arranging with other agencies and community
9115	9115	6 volunteer groups for non-reimbursed child care;
9116	9116	7 (3) (blank); or
9117	9117	8 (4) adopting such other arrangements as the Department
9118	9118	9 determines appropriate.
9119	9119	10 (f-1) Within 30 days after June 4, 2018 (the effective
9120	9120	11 date of Public Act 100-587), the Department of Human Services
9121	9121	12 shall establish rates for child care providers that are no
9122	9122	13 less than the rates in effect on January 1, 2018 increased by
9123	9123	14 4.26%.
9124	9124	15 (f-5) (Blank).
9125	9125	16 (g) Families eligible for assistance under this Section
9126	9126	17 shall be given the following options:
9127	9127	18 (1) receiving a child care certificate issued by the
9128	9128	19 Department or a subcontractor of the Department that may
9129	9129	20 be used by the parents as payment for child care and
9130	9130	21 development services only; or
9131	9131	22 (2) if space is available, enrolling the child with a
9132	9132	23 child care provider that has a purchase of service
9133	9133	24 contract with the Department or a subcontractor of the
9134	9134	25 Department for the provision of child care and development
9135	9135	26 services. The Department may identify particular priority
9136	9136
9137	9137
9138	9138
9139	9139
9140	9140
9141	9141	SB3777 - 256 - LRB103 39527 KTG 69733 b
9142	9142
9143	9143
9144	9144	SB3777- 257 -LRB103 39527 KTG 69733 b SB3777 - 257 - LRB103 39527 KTG 69733 b
9145	9145	SB3777 - 257 - LRB103 39527 KTG 69733 b
9146	9146	1 populations for whom they may request special
9147	9147	2 consideration by a provider with purchase of service
9148	9148	3 contracts, provided that the providers shall be permitted
9149	9149	4 to maintain a balance of clients in terms of household
9150	9150	5 incomes and families and children with special needs, as
9151	9151	6 defined by rule.
9152	9152	7 (Source: P.A. 102-491, eff. 8-20-21; 102-813, eff. 5-13-22;
9153	9153	8 102-926, eff. 5-27-22; 103-8, eff. 6-7-23.)
9154	9154	9 (305 ILCS 5/9A-11.5)
9155	9155	10 Sec. 9A-11.5. Investigate child care providers.
9156	9156	11 (a) Through June 30, 2026, any Any child care provider
9157	9157	12 receiving funds from the child care assistance program under
9158	9158	13 this Code who is not required to be licensed under the Child
9159	9159	14 Care Act of 1969 shall, as a condition of eligibility to
9160	9160	15 participate in the child care assistance program under this
9161	9161	16 Code, authorize in writing on a form prescribed by the
9162	9162	17 Department of Children and Family Services, periodic
9163	9163	18 investigations of the Central Register, as defined in the
9164	9164	19 Abused and Neglected Child Reporting Act, to ascertain if the
9165	9165	20 child care provider has been determined to be a perpetrator in
9166	9166	21 an indicated report of child abuse or neglect. The Department
9167	9167	22 of Children and Family Services shall conduct an investigation
9168	9168	23 of the Central Register at the request of the Department of
9169	9169	24 Human Services.
9170	9170	25 (a-5) On and after July 1, 2026, any child care provider
9171	9171
9172	9172
9173	9173
9174	9174
9175	9175
9176	9176	SB3777 - 257 - LRB103 39527 KTG 69733 b
9177	9177
9178	9178
9179	9179	SB3777- 258 -LRB103 39527 KTG 69733 b SB3777 - 258 - LRB103 39527 KTG 69733 b
9180	9180	SB3777 - 258 - LRB103 39527 KTG 69733 b
9181	9181	1 receiving funds from the child care assistance program under
9182	9182	2 this Code who is not required to be licensed under the Child
9183	9183	3 Care Act of 1969 shall, as a condition of eligibility to
9184	9184	4 participate in the child care assistance program under this
9185	9185	5 Code, authorize in writing on a form prescribed by the
9186	9186	6 Department of Early Childhood, periodic investigations of the
9187	9187	7 Central Register, as defined in the Abused and Neglected Child
9188	9188	8 Reporting Act, to ascertain if the child care provider has
9189	9189	9 been determined to be a perpetrator in an indicated report of
9190	9190	10 child abuse or neglect.
9191	9191	11 (b) Any child care provider, other than a relative of the
9192	9192	12 child, receiving funds from the child care assistance program
9193	9193	13 under this Code who is not required to be licensed under the
9194	9194	14 Child Care Act of 1969 shall, as a condition of eligibility to
9195	9195	15 participate in the child care assistance program under this
9196	9196	16 Code, authorize in writing a State and Federal Bureau of
9197	9197	17 Investigation fingerprint-based criminal history record check
9198	9198	18 to determine if the child care provider has ever been
9199	9199	19 convicted of a crime with respect to which the conviction has
9200	9200	20 not been overturned and the criminal records have not been
9201	9201	21 sealed or expunged. Upon this authorization, the Department
9202	9202	22 shall request and receive information and assistance from any
9203	9203	23 federal or State governmental agency as part of the authorized
9204	9204	24 criminal history record check. The Illinois State Police shall
9205	9205	25 provide information concerning any conviction that has not
9206	9206	26 been overturned and with respect to which the criminal records
9207	9207
9208	9208
9209	9209
9210	9210
9211	9211
9212	9212	SB3777 - 258 - LRB103 39527 KTG 69733 b
9213	9213
9214	9214
9215	9215	SB3777- 259 -LRB103 39527 KTG 69733 b SB3777 - 259 - LRB103 39527 KTG 69733 b
9216	9216	SB3777 - 259 - LRB103 39527 KTG 69733 b
9217	9217	1 have not been sealed or expunged, whether the conviction
9218	9218	2 occurred before or on or after the effective date of this
9219	9219	3 amendatory Act of the 96th General Assembly, of a child care
9220	9220	4 provider upon the request of the Department when the request
9221	9221	5 is made in the form and manner required by the Illinois State
9222	9222	6 Police. The Illinois State Police shall charge a fee not to
9223	9223	7 exceed the cost of processing the criminal history record
9224	9224	8 check. The fee is to be deposited into the State Police
9225	9225	9 Services Fund. Any information concerning convictions that
9226	9226	10 have not been overturned and with respect to which the
9227	9227	11 criminal records have not been sealed or expunged obtained by
9228	9228	12 the Department is confidential and may not be transmitted (i)
9229	9229	13 outside the Department except as required in this Section or
9230	9230	14 (ii) to anyone within the Department except as needed for the
9231	9231	15 purposes of determining participation in the child care
9232	9232	16 assistance program. A copy of the criminal history record
9233	9233	17 check obtained from the Illinois State Police shall be
9234	9234	18 provided to the unlicensed child care provider.
9235	9235	19 (c) The Department shall by rule set standards for
9236	9236	20 determining when to disqualify an unlicensed child care
9237	9237	21 provider for payment because (i) there is an indicated finding
9238	9238	22 against the provider based on the results of the Central
9239	9239	23 Register search or (ii) there is a disqualifying criminal
9240	9240	24 charge pending against the provider or the provider has a
9241	9241	25 disqualifying criminal conviction that has not been overturned
9242	9242	26 and with respect to which the criminal records have not been
9243	9243
9244	9244
9245	9245
9246	9246
9247	9247
9248	9248	SB3777 - 259 - LRB103 39527 KTG 69733 b
9249	9249
9250	9250
9251	9251	SB3777- 260 -LRB103 39527 KTG 69733 b SB3777 - 260 - LRB103 39527 KTG 69733 b
9252	9252	SB3777 - 260 - LRB103 39527 KTG 69733 b
9253	9253	1 expunged or sealed based on the results of the
9254	9254	2 fingerprint-based Illinois State Police and Federal Bureau of
9255	9255	3 Investigation criminal history record check. In determining
9256	9256	4 whether to disqualify an unlicensed child care provider for
9257	9257	5 payment under this subsection, the Department shall consider
9258	9258	6 the nature and gravity of any offense or offenses; the time
9259	9259	7 that has passed since the offense or offenses or the
9260	9260	8 completion of the criminal sentence or both; and the
9261	9261	9 relationship of the offense or offenses to the
9262	9262	10 responsibilities of the child care provider.
9263	9263	11 (Source: P.A. 102-538, eff. 8-20-21.)
9264	9264	12 (305 ILCS 5/9A-17)
9265	9265	13 Sec. 9A-17. Smart Start Child Care Program. Subject to
9266	9266	14 appropriation, the Department of Human Services shall
9267	9267	15 establish the Smart Start Child Care Program. The Smart Start
9268	9268	16 Child Care Program shall focus on creating affordable child
9269	9269	17 care, as well as increasing access to child care, for Illinois
9270	9270	18 residents and may include, but is not limited to, providing
9271	9271	19 funding to increase preschool availability, providing funding
9272	9272	20 for childcare workforce compensation or capital investments,
9273	9273	21 and expanding funding for Early Childhood Access Consortium
9274	9274	22 for Equity Scholarships. The Department shall establish
9275	9275	23 program eligibility criteria, participation conditions,
9276	9276	24 payment levels, and other program requirements by rule. The
9277	9277	25 Department of Human Services may consult with the Capital
9278	9278
9279	9279
9280	9280
9281	9281
9282	9282
9283	9283	SB3777 - 260 - LRB103 39527 KTG 69733 b
9284	9284
9285	9285
9286	9286	SB3777- 261 -LRB103 39527 KTG 69733 b SB3777 - 261 - LRB103 39527 KTG 69733 b
9287	9287	SB3777 - 261 - LRB103 39527 KTG 69733 b
9288	9288	1 Development Board, the Department of Commerce and Economic
9289	9289	2 Opportunity, and the Illinois Housing Development Authority in
9290	9290	3 the management and disbursement of funds for capital-related
9291	9291	4 projects. The Capital Development Board, the Department of
9292	9292	5 Commerce and Economic Opportunity, and the Illinois Housing
9293	9293	6 Development Authority shall act in a consulting role only for
9294	9294	7 the evaluation of applicants, scoring of applicants, or
9295	9295	8 administration of the grant program.
9296	9296	9 This Section is repealed on July 1, 2026.
9297	9297	10 (Source: P.A. 103-8, eff. 6-7-23.)
9298	9298	11 Section 90-50. The Early Intervention Services System Act
9299	9299	12 is amended by adding Section 20.1 as follows:
9300	9300	13 (325 ILCS 20/20.1 new)
9301	9301	14 Sec. 20.1. Repeal. This Act is repealed on July 1, 2026.
9302	9302	15 Section 90-55. The Infant/Early Childhood Mental Health
9303	9303	16 Consultations Act is amended by changing Section 35-5 as
9304	9304	17 follows:
9305	9305	18 (405 ILCS 47/35-5)
9306	9306	19 Sec. 35-5. Findings; policies.
9307	9307	20 (a) The General Assembly finds the following:
9308	9308	21 (1) Social and emotional development is a core
9309	9309	22 developmental domain in young children and is codified in
9310	9310
9311	9311
9312	9312
9313	9313
9314	9314
9315	9315	SB3777 - 261 - LRB103 39527 KTG 69733 b
9316	9316
9317	9317
9318	9318	SB3777- 262 -LRB103 39527 KTG 69733 b SB3777 - 262 - LRB103 39527 KTG 69733 b
9319	9319	SB3777 - 262 - LRB103 39527 KTG 69733 b
9320	9320	1 the Illinois Early Learning Standards.
9321	9321	2 (2) Fostering social and emotional development in
9322	9322	3 early childhood means both providing the supportive
9323	9323	4 settings and interactions to maximize healthy social and
9324	9324	5 emotional development for all children, as well as
9325	9325	6 providing communities, programs, and providers with
9326	9326	7 systems of tiered supports with training to respond to
9327	9327	8 more significant social and emotional challenges or where
9328	9328	9 experiences of trauma may be more prevalent.
9329	9329	10 (3) Early care and education programs and providers,
9330	9330	11 across a range of settings, have an important role to play
9331	9331	12 in supporting young children and families, especially
9332	9332	13 those who face greater challenges, such as trauma
9333	9333	14 exposure, social isolation, pervasive poverty, and toxic
9334	9334	15 stress; if programs, teaching staff, caregivers, and
9335	9335	16 providers are not provided with the support, services, and
9336	9336	17 training needed to accomplish these goals, it can lead to
9337	9337	18 children and families being asked to leave programs,
9338	9338	19 particularly without connection to more appropriate
9339	9339	20 services, thereby creating a disruption in learning and
9340	9340	21 social-emotional development; investments in reflective
9341	9341	22 supervision, professional development specific to
9342	9342	23 diversity, equity and inclusion practice, culturally
9343	9343	24 responsive training, implicit bias training, and how
9344	9344	25 trauma experienced during the early years can manifest in
9345	9345	26 challenging behaviors will create systems for serving
9346	9346
9347	9347
9348	9348
9349	9349
9350	9350
9351	9351	SB3777 - 262 - LRB103 39527 KTG 69733 b
9352	9352
9353	9353
9354	9354	SB3777- 263 -LRB103 39527 KTG 69733 b SB3777 - 263 - LRB103 39527 KTG 69733 b
9355	9355	SB3777 - 263 - LRB103 39527 KTG 69733 b
9356	9356	1 children that are informed in developmentally appropriate
9357	9357	2 and responsive supports.
9358	9358	3 (4) Studies have shown that the expulsion of infants,
9359	9359	4 toddlers, and young children in early care and education
9360	9360	5 settings is occurring at alarmingly high rates, more than
9361	9361	6 3 times that of students in K-12; further, expulsion
9362	9362	7 occurs more frequently for Black children and Latinx
9363	9363	8 children and more frequently for boys than for girls, with
9364	9364	9 Black boys being most frequently expelled; there is
9365	9365	10 evidence to show that the expulsion of Black girls is
9366	9366	11 occurring with increasing frequency.
9367	9367	12 (5) Illinois took its first steps toward addressing
9368	9368	13 this disparity through Public Act 100-105 to prohibit
9369	9369	14 expulsion due to child behavior in early care and
9370	9370	15 education settings, but further work is needed to
9371	9371	16 implement this law, including strengthening provider
9372	9372	17 understanding of a successful transition and beginning to
9373	9373	18 identify strategies to reduce "soft expulsions" and to
9374	9374	19 ensure more young children and their teachers, providers,
9375	9375	20 and caregivers, in a range of early care and education
9376	9376	21 settings, can benefit from services, such as Infant/Early
9377	9377	22 Childhood Mental Health Consultations (I/ECMHC) and
9378	9378	23 positive behavior interventions and supports such as the
9379	9379	24 Pyramid Model.
9380	9380	25 (6) I/ECMHC is a critical component needed to align
9381	9381	26 social-emotional well-being with the public health model
9382	9382
9383	9383
9384	9384
9385	9385
9386	9386
9387	9387	SB3777 - 263 - LRB103 39527 KTG 69733 b
9388	9388
9389	9389
9390	9390	SB3777- 264 -LRB103 39527 KTG 69733 b SB3777 - 264 - LRB103 39527 KTG 69733 b
9391	9391	SB3777 - 264 - LRB103 39527 KTG 69733 b
9392	9392	1 of promotion, prevention, and intervention across early
9393	9393	2 care and education systems.
9394	9394	3 (b) The General Assembly encourages that all of the
9395	9395	4 following actions be taken by:
9396	9396	5 (1) the State to increase the availability of
9397	9397	6 Infant/Early Childhood Mental Health Consultations
9398	9398	7 (I/ECMHC) through increased funding in early childhood
9399	9399	8 programs and sustainable funding for coordination of
9400	9400	9 I/ECMHC and other social and emotional support at the
9401	9401	10 State level;
9402	9402	11 (2) the Department of Human Services (IDHS), the
9403	9403	12 Illinois State Board of Education (ISBE), the Governor's
9404	9404	13 Office of Early Childhood Development (GOECD), and other
9405	9405	14 relevant agencies to develop and promote
9406	9406	15 provider-accessible and parent-accessible materials,
9407	9407	16 including native language, on the role and value of
9408	9408	17 I/ECMHC, including targeted promotion in underserved
9409	9409	18 communities, and promote the use of existing I/ECMHCs, the
9410	9410	19 I/ECMHC consultant database, or other existing services;
9411	9411	20 (3) the State to increase funding to promote and
9412	9412	21 provide training and implementation support for systems of
9413	9413	22 tiered support, such as the Pyramid Model, across early
9414	9414	23 childhood settings and urge DHS, ISBE, GOECD, and other
9415	9415	24 relevant State agencies to coordinate efforts and develop
9416	9416	25 strategies to provide outreach to and support providers in
9417	9417	26 underserved communities and communities with fewer
9418	9418
9419	9419
9420	9420
9421	9421
9422	9422
9423	9423	SB3777 - 264 - LRB103 39527 KTG 69733 b
9424	9424
9425	9425
9426	9426	SB3777- 265 -LRB103 39527 KTG 69733 b SB3777 - 265 - LRB103 39527 KTG 69733 b
9427	9427	SB3777 - 265 - LRB103 39527 KTG 69733 b
9428	9428	1 programmatic resources; and
9429	9429	2 (4) ISBE and DCFS to provide the data required by
9430	9430	3 Public Act 100-105, even if the data is incomplete at the
9431	9431	4 time due to data system challenges.
9432	9432	5 (c) This Section is repealed on July 1, 2026.
9433	9433	6 (Source: P.A. 101-654, eff. 3-8-21.)
9434	9434	7 Section 90-60. The Children's Mental Health Act is amended
9435	9435	8 by changing Section 5 as follows:
9436	9436	9 (405 ILCS 49/5)
9437	9437	10 Sec. 5. Children's Mental Health Partnership; Children's
9438	9438	11 Mental Health Plan.
9439	9439	12 (a) The Children's Mental Health Partnership (hereafter
9440	9440	13 referred to as "the Partnership") created under Public Act
9441	9441	14 93-495 and continued under Public Act 102-899 shall advise
9442	9442	15 State agencies on designing and implementing short-term and
9443	9443	16 long-term strategies to provide comprehensive and coordinated
9444	9444	17 services for children from birth to age 25 and their families
9445	9445	18 with the goal of addressing children's mental health needs
9446	9446	19 across a full continuum of care, including social determinants
9447	9447	20 of health, prevention, early identification, and treatment.
9448	9448	21 The recommended strategies shall build upon the
9449	9449	22 recommendations in the Children's Mental Health Plan of 2022
9450	9450	23 and may include, but are not limited to, recommendations
9451	9451	24 regarding the following:
9452	9452
9453	9453
9454	9454
9455	9455
9456	9456
9457	9457	SB3777 - 265 - LRB103 39527 KTG 69733 b
9458	9458
9459	9459
9460	9460	SB3777- 266 -LRB103 39527 KTG 69733 b SB3777 - 266 - LRB103 39527 KTG 69733 b
9461	9461	SB3777 - 266 - LRB103 39527 KTG 69733 b
9462	9462	1 (1) Increasing public awareness on issues connected to
9463	9463	2 children's mental health and wellness to decrease stigma,
9464	9464	3 promote acceptance, and strengthen the ability of
9465	9465	4 children, families, and communities to access supports.
9466	9466	5 (2) Coordination of programs, services, and policies
9467	9467	6 across child-serving State agencies to best monitor and
9468	9468	7 assess spending, as well as foster innovation of adaptive
9469	9469	8 or new practices.
9470	9470	9 (3) Funding and resources for children's mental health
9471	9471	10 prevention, early identification, and treatment across
9472	9472	11 child-serving State agencies.
9473	9473	12 (4) Facilitation of research on best practices and
9474	9474	13 model programs and dissemination of this information to
9475	9475	14 State policymakers, practitioners, and the general public.
9476	9476	15 (5) Monitoring programs, services, and policies
9477	9477	16 addressing children's mental health and wellness.
9478	9478	17 (6) Growing, retaining, diversifying, and supporting
9479	9479	18 the child-serving workforce, with special emphasis on
9480	9480	19 professional development around child and family mental
9481	9481	20 health and wellness services.
9482	9482	21 (7) Supporting the design, implementation, and
9483	9483	22 evaluation of a quality-driven children's mental health
9484	9484	23 system of care across all child services that prevents
9485	9485	24 mental health concerns and mitigates trauma.
9486	9486	25 (8) Improving the system to more effectively meet the
9487	9487	26 emergency and residential placement needs for all children
9488	9488
9489	9489
9490	9490
9491	9491
9492	9492
9493	9493	SB3777 - 266 - LRB103 39527 KTG 69733 b
9494	9494
9495	9495
9496	9496	SB3777- 267 -LRB103 39527 KTG 69733 b SB3777 - 267 - LRB103 39527 KTG 69733 b
9497	9497	SB3777 - 267 - LRB103 39527 KTG 69733 b
9498	9498	1 with severe mental and behavioral challenges.
9499	9499	2 (b) The Partnership shall have the responsibility of
9500	9500	3 developing and updating the Children's Mental Health Plan and
9501	9501	4 advising the relevant State agencies on implementation of the
9502	9502	5 Plan. The Children's Mental Health Partnership shall be
9503	9503	6 comprised of the following members:
9504	9504	7 (1) The Governor or his or her designee.
9505	9505	8 (2) The Attorney General or his or her designee.
9506	9506	9 (3) The Secretary of the Department of Human Services
9507	9507	10 or his or her designee.
9508	9508	11 (4) The State Superintendent of Education or his or
9509	9509	12 her designee.
9510	9510	13 (5) The Director of the Department of Children and
9511	9511	14 Family Services or his or her designee.
9512	9512	15 (6) The Director of the Department of Healthcare and
9513	9513	16 Family Services or his or her designee.
9514	9514	17 (7) The Director of the Department of Public Health or
9515	9515	18 his or her designee.
9516	9516	19 (8) The Director of the Department of Juvenile Justice
9517	9517	20 or his or her designee.
9518	9518	21 (9) The Secretary of Early Childhood Executive
9519	9519	22 Director of the Governor's Office of Early Childhood
9520	9520	23 Development or his or her designee.
9521	9521	24 (10) The Director of the Criminal Justice Information
9522	9522	25 Authority or his or her designee.
9523	9523	26 (11) One member of the General Assembly appointed by
9524	9524
9525	9525
9526	9526
9527	9527
9528	9528
9529	9529	SB3777 - 267 - LRB103 39527 KTG 69733 b
9530	9530
9531	9531
9532	9532	SB3777- 268 -LRB103 39527 KTG 69733 b SB3777 - 268 - LRB103 39527 KTG 69733 b
9533	9533	SB3777 - 268 - LRB103 39527 KTG 69733 b
9534	9534	1 the Speaker of the House.
9535	9535	2 (12) One member of the General Assembly appointed by
9536	9536	3 the President of the Senate.
9537	9537	4 (13) One member of the General Assembly appointed by
9538	9538	5 the Minority Leader of the Senate.
9539	9539	6 (14) One member of the General Assembly appointed by
9540	9540	7 the Minority Leader of the House.
9541	9541	8 (15) Up to 25 representatives from the public
9542	9542	9 reflecting a diversity of age, gender identity, race,
9543	9543	10 ethnicity, socioeconomic status, and geographic location,
9544	9544	11 to be appointed by the Governor. Those public members
9545	9545	12 appointed under this paragraph must include, but are not
9546	9546	13 limited to:
9547	9547	14 (A) a family member or individual with lived
9548	9548	15 experience in the children's mental health system;
9549	9549	16 (B) a child advocate;
9550	9550	17 (C) a community mental health expert,
9551	9551	18 practitioner, or provider;
9552	9552	19 (D) a representative of a statewide association
9553	9553	20 representing a majority of hospitals in the State;
9554	9554	21 (E) an early childhood expert or practitioner;
9555	9555	22 (F) a representative from the K-12 school system;
9556	9556	23 (G) a representative from the healthcare sector;
9557	9557	24 (H) a substance use prevention expert or
9558	9558	25 practitioner, or a representative of a statewide
9559	9559	26 association representing community-based mental health
9560	9560
9561	9561
9562	9562
9563	9563
9564	9564
9565	9565	SB3777 - 268 - LRB103 39527 KTG 69733 b
9566	9566
9567	9567
9568	9568	SB3777- 269 -LRB103 39527 KTG 69733 b SB3777 - 269 - LRB103 39527 KTG 69733 b
9569	9569	SB3777 - 269 - LRB103 39527 KTG 69733 b
9570	9570	1 substance use disorder treatment providers in the
9571	9571	2 State;
9572	9572	3 (I) a violence prevention expert or practitioner;
9573	9573	4 (J) a representative from the juvenile justice
9574	9574	5 system;
9575	9575	6 (K) a school social worker; and
9576	9576	7 (L) a representative of a statewide organization
9577	9577	8 representing pediatricians.
9578	9578	9 (16) Two co-chairs appointed by the Governor, one
9579	9579	10 being a representative from the public and one being a
9580	9580	11 representative from the State.
9581	9581	12 The members appointed by the Governor shall be appointed
9582	9582	13 for 4 years with one opportunity for reappointment, except as
9583	9583	14 otherwise provided for in this subsection. Members who were
9584	9584	15 appointed by the Governor and are serving on January 1, 2023
9585	9585	16 (the effective date of Public Act 102-899) shall maintain
9586	9586	17 their appointment until the term of their appointment has
9587	9587	18 expired. For new appointments made pursuant to Public Act
9588	9588	19 102-899, members shall be appointed for one-year, 2-year, or
9589	9589	20 4-year terms, as determined by the Governor, with no more than
9590	9590	21 9 of the Governor's new or existing appointees serving the
9591	9591	22 same term. Those new appointments serving a one-year or 2-year
9592	9592	23 term may be appointed to 2 additional 4-year terms. If a
9593	9593	24 vacancy occurs in the Partnership membership, the vacancy
9594	9594	25 shall be filled in the same manner as the original appointment
9595	9595	26 for the remainder of the term.
9596	9596
9597	9597
9598	9598
9599	9599
9600	9600
9601	9601	SB3777 - 269 - LRB103 39527 KTG 69733 b
9602	9602
9603	9603
9604	9604	SB3777- 270 -LRB103 39527 KTG 69733 b SB3777 - 270 - LRB103 39527 KTG 69733 b
9605	9605	SB3777 - 270 - LRB103 39527 KTG 69733 b
9606	9606	1 The Partnership shall be convened no later than January
9607	9607	2 31, 2023 to discuss the changes in Public Act 102-899.
9608	9608	3 The members of the Partnership shall serve without
9609	9609	4 compensation but may be entitled to reimbursement for all
9610	9610	5 necessary expenses incurred in the performance of their
9611	9611	6 official duties as members of the Partnership from funds
9612	9612	7 appropriated for that purpose.
9613	9613	8 The Partnership may convene and appoint special committees
9614	9614	9 or study groups to operate under the direction of the
9615	9615	10 Partnership. Persons appointed to such special committees or
9616	9616	11 study groups shall only receive reimbursement for reasonable
9617	9617	12 expenses.
9618	9618	13 (b-5) The Partnership shall include an adjunct council
9619	9619	14 comprised of no more than 6 youth aged 14 to 25 and 4
9620	9620	15 representatives of 4 different community-based organizations
9621	9621	16 that focus on youth mental health. Of the community-based
9622	9622	17 organizations that focus on youth mental health, one of the
9623	9623	18 community-based organizations shall be led by an
9624	9624	19 LGBTQ-identified person, one of the community-based
9625	9625	20 organizations shall be led by a person of color, and one of the
9626	9626	21 community-based organizations shall be led by a woman. Of the
9627	9627	22 representatives appointed to the council from the
9628	9628	23 community-based organizations, at least one representative
9629	9629	24 shall be LGBTQ-identified, at least one representative shall
9630	9630	25 be a person of color, and at least one representative shall be
9631	9631	26 a woman. The council members shall be appointed by the Chair of
9632	9632
9633	9633
9634	9634
9635	9635
9636	9636
9637	9637	SB3777 - 270 - LRB103 39527 KTG 69733 b
9638	9638
9639	9639
9640	9640	SB3777- 271 -LRB103 39527 KTG 69733 b SB3777 - 271 - LRB103 39527 KTG 69733 b
9641	9641	SB3777 - 271 - LRB103 39527 KTG 69733 b
9642	9642	1 the Partnership and shall reflect the racial, gender identity,
9643	9643	2 sexual orientation, ability, socioeconomic, ethnic, and
9644	9644	3 geographic diversity of the State, including rural, suburban,
9645	9645	4 and urban appointees. The council shall make recommendations
9646	9646	5 to the Partnership regarding youth mental health, including,
9647	9647	6 but not limited to, identifying barriers to youth feeling
9648	9648	7 supported by and empowered by the system of mental health and
9649	9649	8 treatment providers, barriers perceived by youth in accessing
9650	9650	9 mental health services, gaps in the mental health system,
9651	9651	10 available resources in schools, including youth's perceptions
9652	9652	11 and experiences with outreach personnel, agency websites, and
9653	9653	12 informational materials, methods to destigmatize mental health
9654	9654	13 services, and how to improve State policy concerning student
9655	9655	14 mental health. The mental health system may include services
9656	9656	15 for substance use disorders and addiction. The council shall
9657	9657	16 meet at least 4 times annually.
9658	9658	17 (c) (Blank).
9659	9659	18 (d) The Illinois Children's Mental Health Partnership has
9660	9660	19 the following powers and duties:
9661	9661	20 (1) Conducting research assessments to determine the
9662	9662	21 needs and gaps of programs, services, and policies that
9663	9663	22 touch children's mental health.
9664	9664	23 (2) Developing policy statements for interagency
9665	9665	24 cooperation to cover all aspects of mental health
9666	9666	25 delivery, including social determinants of health,
9667	9667	26 prevention, early identification, and treatment.
9668	9668
9669	9669
9670	9670
9671	9671
9672	9672
9673	9673	SB3777 - 271 - LRB103 39527 KTG 69733 b
9674	9674
9675	9675
9676	9676	SB3777- 272 -LRB103 39527 KTG 69733 b SB3777 - 272 - LRB103 39527 KTG 69733 b
9677	9677	SB3777 - 272 - LRB103 39527 KTG 69733 b
9678	9678	1 (3) Recommending policies and providing information on
9679	9679	2 effective programs for delivery of mental health services.
9680	9680	3 (4) Using funding from federal, State, or
9681	9681	4 philanthropic partners, to fund pilot programs or research
9682	9682	5 activities to resource innovative practices by
9683	9683	6 organizational partners that will address children's
9684	9684	7 mental health. However, the Partnership may not provide
9685	9685	8 direct services.
9686	9686	9 (5) Submitting an annual report, on or before December
9687	9687	10 30 of each year, to the Governor and the General Assembly
9688	9688	11 on the progress of the Plan, any recommendations regarding
9689	9689	12 State policies, laws, or rules necessary to fulfill the
9690	9690	13 purposes of the Act, and any additional recommendations
9691	9691	14 regarding mental or behavioral health that the Partnership
9692	9692	15 deems necessary.
9693	9693	16 (6) Employing an Executive Director and setting the
9694	9694	17 compensation of the Executive Director and other such
9695	9695	18 employees and technical assistance as it deems necessary
9696	9696	19 to carry out its duties under this Section.
9697	9697	20 The Partnership may designate a fiscal and administrative
9698	9698	21 agent that can accept funds to carry out its duties as outlined
9699	9699	22 in this Section.
9700	9700	23 The Department of Healthcare and Family Services shall
9701	9701	24 provide technical and administrative support for the
9702	9702	25 Partnership.
9703	9703	26 (e) The Partnership may accept monetary gifts or grants
9704	9704
9705	9705
9706	9706
9707	9707
9708	9708
9709	9709	SB3777 - 272 - LRB103 39527 KTG 69733 b
9710	9710
9711	9711
9712	9712	SB3777- 273 -LRB103 39527 KTG 69733 b SB3777 - 273 - LRB103 39527 KTG 69733 b
9713	9713	SB3777 - 273 - LRB103 39527 KTG 69733 b
9714	9714	1 from the federal government or any agency thereof, from any
9715	9715	2 charitable foundation or professional association, or from any
9716	9716	3 reputable source for implementation of any program necessary
9717	9717	4 or desirable to carry out the powers and duties as defined
9718	9718	5 under this Section.
9719	9719	6 (f) On or before January 1, 2027, the Partnership shall
9720	9720	7 submit recommendations to the Governor and General Assembly
9721	9721	8 that includes recommended updates to the Act to reflect the
9722	9722	9 current mental health landscape in this State.
9723	9723	10 (Source: P.A. 102-16, eff. 6-17-21; 102-116, eff. 7-23-21;
9724	9724	11 102-899, eff. 1-1-23; 102-1034, eff. 1-1-23; 103-154, eff.
9725	9725	12 6-30-23.)
9726	9726	13 Section 90-65. The Advisory Board for the Maternal and
9727	9727	14 Child Health Block Grant Programs Act is amended by changing
9728	9728	15 Section 15 as follows:
9729	9729	16 (410 ILCS 221/15)
9730	9730	17 Sec. 15. Advisory Board for the Maternal and Child Health
9731	9731	18 Block Grant Programs.
9732	9732	19 (a) The Advisory Board for the Maternal and Child Health
9733	9733	20 Block Grant Programs is created within the Department to
9734	9734	21 advise the Department on programs and activities related to
9735	9735	22 maternal and child health in the State of Illinois.
9736	9736	23 The Board shall consist of the Director's designee
9737	9737	24 responsible for maternal and child health programs, who shall
9738	9738
9739	9739
9740	9740
9741	9741
9742	9742
9743	9743	SB3777 - 273 - LRB103 39527 KTG 69733 b
9744	9744
9745	9745
9746	9746	SB3777- 274 -LRB103 39527 KTG 69733 b SB3777 - 274 - LRB103 39527 KTG 69733 b
9747	9747	SB3777 - 274 - LRB103 39527 KTG 69733 b
9748	9748	1 serve as the Chair of the Board; the Department's Title V
9749	9749	2 administrator, if the Director's designee is not serving in
9750	9750	3 the capacity of Title V Director at the Department; one
9751	9751	4 representative each from the Department of Early Childhood,
9752	9752	5 the Department of Children and Family Services, the Department
9753	9753	6 of Human Services, and the Department of Healthcare and Family
9754	9754	7 Services, appointed by the Director or Secretary of each
9755	9755	8 Department; the Director of the University of Illinois at
9756	9756	9 Chicago's Division of Specialized Care for Children; 4 members
9757	9757	10 of the General Assembly, one each appointed by the President
9758	9758	11 and Minority Leader of the Senate and the Speaker and Minority
9759	9759	12 Leader of the House of Representatives; and 20 additional
9760	9760	13 members appointed by the Director.
9761	9761	14 Of the members appointed by the Director:
9762	9762	15 (1) Two shall be physicians licensed to practice
9763	9763	16 medicine in all of its branches who currently serve
9764	9764	17 patients enrolled in maternal and child health programs
9765	9765	18 funded by the State of Illinois, one of whom shall be an
9766	9766	19 individual with a specialty in obstetrics and gynecology
9767	9767	20 and one of whom shall be an individual with a specialty in
9768	9768	21 pediatric medicine;
9769	9769	22 (2) Sixteen shall be persons with expertise in one or
9770	9770	23 more of the following areas, with no more than 3 persons
9771	9771	24 from each listed area of expertise and with preference
9772	9772	25 given to the areas of need identified by the most recent
9773	9773	26 State needs assessment: the health of women, infants,
9774	9774
9775	9775
9776	9776
9777	9777
9778	9778
9779	9779	SB3777 - 274 - LRB103 39527 KTG 69733 b
9780	9780
9781	9781
9782	9782	SB3777- 275 -LRB103 39527 KTG 69733 b SB3777 - 275 - LRB103 39527 KTG 69733 b
9783	9783	SB3777 - 275 - LRB103 39527 KTG 69733 b
9784	9784	1 young children, school-aged children, adolescents, and
9785	9785	2 children with special health care needs; public health;
9786	9786	3 epidemiology; behavioral health; nursing; social work;
9787	9787	4 substance abuse prevention; juvenile justice; oral health;
9788	9788	5 child development; chronic disease prevention; health
9789	9789	6 promotion; and education; 5 of the 16 members shall
9790	9790	7 represent organizations that provide maternal and child
9791	9791	8 health services with funds from the Department; and
9792	9792	9 (3) either 2 consumers who have received services
9793	9793	10 through a Department-funded maternal and child health
9794	9794	11 program, 2 representatives from advocacy groups that
9795	9795	12 advocate on behalf of such consumers, or one such consumer
9796	9796	13 and one such representative of an advocacy group.
9797	9797	14 Members appointed by the Director shall be selected to
9798	9798	15 represent the racial, ethnic, and geographic diversity of the
9799	9799	16 State's population and shall include representatives of local
9800	9800	17 health departments, other direct service providers, and
9801	9801	18 faculty of the University of Illinois at Chicago School of
9802	9802	19 Public Health Center of Excellence in Maternal and Child
9803	9803	20 Health.
9804	9804	21 Legislative members shall serve during their term of
9805	9805	22 office in the General Assembly. Members appointed by the
9806	9806	23 Director shall serve a term of 4 years or until their
9807	9807	24 successors are appointed.
9808	9808	25 Any member appointed to fill a vacancy occurring prior to
9809	9809	26 the expiration of the term for which his or her predecessor was
9810	9810
9811	9811
9812	9812
9813	9813
9814	9814
9815	9815	SB3777 - 275 - LRB103 39527 KTG 69733 b
9816	9816
9817	9817
9818	9818	SB3777- 276 -LRB103 39527 KTG 69733 b SB3777 - 276 - LRB103 39527 KTG 69733 b
9819	9819	SB3777 - 276 - LRB103 39527 KTG 69733 b
9820	9820	1 appointed shall be appointed for the remainder of such term.
9821	9821	2 Members of the Board shall serve without compensation but
9822	9822	3 shall be reimbursed for necessary expenses incurred in the
9823	9823	4 performance of their duties.
9824	9824	5 (b) The Board shall advise the Director on improving the
9825	9825	6 well-being of mothers, fathers, infants, children, families,
9826	9826	7 and adults, considering both physical and social determinants
9827	9827	8 of health, and using a life-span approach to health promotion
9828	9828	9 and disease prevention in the State of Illinois. In addition,
9829	9829	10 the Board shall review and make recommendations to the
9830	9830	11 Department and the Governor in regard to the system for
9831	9831	12 maternal and child health programs, collaboration, and
9832	9832	13 interrelation between and delivery of programs, both within
9833	9833	14 the Department and with related programs in other departments.
9834	9834	15 In performing its duties, the Board may hold hearings
9835	9835	16 throughout the State and advise and receive advice from any
9836	9836	17 local advisory bodies created to address maternal and child
9837	9837	18 health.
9838	9838	19 (c) The Board may offer recommendations and feedback
9839	9839	20 regarding the development of the State's annual Maternal and
9840	9840	21 Child Health Services Block Grant application and report as
9841	9841	22 well as the periodic needs assessment.
9842	9842	23 (Source: P.A. 99-901, eff. 8-26-16.)
9843	9843	24 ARTICLE 99. NONACCELERATION, SEVERABILITY,
9844	9844	25 AND
9845	9845
9846	9846
9847	9847
9848	9848
9849	9849
9850	9850	SB3777 - 276 - LRB103 39527 KTG 69733 b
9851	9851
9852	9852
9853	9853	SB3777- 277 -LRB103 39527 KTG 69733 b SB3777 - 277 - LRB103 39527 KTG 69733 b
9854	9854	SB3777 - 277 - LRB103 39527 KTG 69733 b
9855	9855	1 EFFECTIVE DATE
9856	9856	2 Section 99-1. No acceleration or delay. Where this Act
9857	9857	3 makes changes in a statute that is represented in this Act by
9858	9858	4 text that is not yet or no longer in effect (for example, a
9859	9859	5 Section represented by multiple versions), the use of that
9860	9860	6 text does not accelerate or delay the taking effect of (i) the
9861	9861	7 changes made by this Act or (ii) provisions derived from any
9862	9862	8 other Public Act.
9863	9863	9 Section 99-5. Severability. The provisions of this Act are
9864	9864	10 severable under Section 1.31 of the Statute on Statutes.
9865	9865	11 Section 99-99. Effective date. This Act takes effect upon
9866	9866	12 becoming law.
9867	9867	SB3777- 278 -LRB103 39527 KTG 69733 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 SB3777- 279 -LRB103 39527 KTG 69733 b SB3777- 278 -LRB103 39527 KTG 69733 b SB3777 - 278 - LRB103 39527 KTG 69733 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 SB3777- 279 -LRB103 39527 KTG 69733 b SB3777 - 279 - LRB103 39527 KTG 69733 b
9868	9868	SB3777- 278 -LRB103 39527 KTG 69733 b SB3777 - 278 - LRB103 39527 KTG 69733 b
9869	9869	SB3777 - 278 - LRB103 39527 KTG 69733 b
9870	9870	1 INDEX
9871	9871	2 Statutes amended in order of appearance
9872	9872	3 New Act
9873	9873	4 20 ILCS 5/5-10 was 20 ILCS 5/2.1
9874	9874	5 20 ILCS 5/5-15 was 20 ILCS 5/3
9875	9875	6 20 ILCS 5/5-20 was 20 ILCS 5/4
9876	9876	7 20 ILCS 5/5-126 new
9877	9877	8 20 ILCS 5/5-336 new
9878	9878	9 20 ILCS 505/5.15
9879	9879	10 20 ILCS 505/5.20
9880	9880	11 20 ILCS 505/22.1 from Ch. 23, par. 5022.1
9881	9881	12 20 ILCS 505/34.9 from Ch. 23, par. 5034.9
9882	9882	13 20 ILCS 505/34.10 from Ch. 23, par. 5034.10
9883	9883	14 20 ILCS 1305/1-75
9884	9884	15 20 ILCS 1305/10-16
9885	9885	16 20 ILCS 1305/10-22
9886	9886	17 20 ILCS 3933/10
9887	9887	18 30 ILCS 500/1-10
9888	9888	19 105 ILCS 5/1A-4 from Ch. 122, par. 1A-4
9889	9889	20 105 ILCS 5/1C-2
9890	9890	21 105 ILCS 5/1C-4
9891	9891	22 105 ILCS 5/1D-1
9892	9892	23 105 ILCS 5/2-3.47 from Ch. 122, par. 2-3.47
9893	9893	24 105 ILCS 5/2-3.64a-10
9894	9894	25 105 ILCS 5/2-3.71 from Ch. 122, par. 2-3.71
9895	9895	SB3777- 279 -LRB103 39527 KTG 69733 b SB3777 - 279 - LRB103 39527 KTG 69733 b
9896	9896	SB3777 - 279 - LRB103 39527 KTG 69733 b
9897	9897
9898	9898
9899	9899
9900	9900
9901	9901
9902	9902	SB3777 - 277 - LRB103 39527 KTG 69733 b
9903	9903
9904	9904
9905	9905
9906	9906	SB3777- 278 -LRB103 39527 KTG 69733 b SB3777 - 278 - LRB103 39527 KTG 69733 b
9907	9907	SB3777 - 278 - LRB103 39527 KTG 69733 b
9908	9908	1 INDEX
9909	9909	2 Statutes amended in order of appearance
9910	9910	3 New Act
9911	9911	4 20 ILCS 5/5-10 was 20 ILCS 5/2.1
9912	9912	5 20 ILCS 5/5-15 was 20 ILCS 5/3
9913	9913	6 20 ILCS 5/5-20 was 20 ILCS 5/4
9914	9914	7 20 ILCS 5/5-126 new
9915	9915	8 20 ILCS 5/5-336 new
9916	9916	9 20 ILCS 505/5.15
9917	9917	10 20 ILCS 505/5.20
9918	9918	11 20 ILCS 505/22.1 from Ch. 23, par. 5022.1
9919	9919	12 20 ILCS 505/34.9 from Ch. 23, par. 5034.9
9920	9920	13 20 ILCS 505/34.10 from Ch. 23, par. 5034.10
9921	9921	14 20 ILCS 1305/1-75
9922	9922	15 20 ILCS 1305/10-16
9923	9923	16 20 ILCS 1305/10-22
9924	9924	17 20 ILCS 3933/10
9925	9925	18 30 ILCS 500/1-10
9926	9926	19 105 ILCS 5/1A-4 from Ch. 122, par. 1A-4
9927	9927	20 105 ILCS 5/1C-2
9928	9928	21 105 ILCS 5/1C-4
9929	9929	22 105 ILCS 5/1D-1
9930	9930	23 105 ILCS 5/2-3.47 from Ch. 122, par. 2-3.47
9931	9931	24 105 ILCS 5/2-3.64a-10
9932	9932	25 105 ILCS 5/2-3.71 from Ch. 122, par. 2-3.71
9933	9933
9934	9934
9935	9935
9936	9936
9937	9937
9938	9938	SB3777 - 278 - LRB103 39527 KTG 69733 b
9939	9939
9940	9940
9941	9941	SB3777- 279 -LRB103 39527 KTG 69733 b SB3777 - 279 - LRB103 39527 KTG 69733 b
9942	9942	SB3777 - 279 - LRB103 39527 KTG 69733 b
9943	9943
9944	9944
9945	9945
9946	9946
9947	9947
9948	9948	SB3777 - 279 - LRB103 39527 KTG 69733 b