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1 AN ACT concerning education.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The School Code is amended by changing Sections
5 2-3.71, 2-3.162, 10-22.6, 13B-20.25, 13B-20.30, and 13B-25.5
6 as follows:
7 (105 ILCS 5/2-3.71) (from Ch. 122, par. 2-3.71)
8 Sec. 2-3.71. Grants for preschool educational programs.
9 (a) Preschool program.
10 (1) Through June 30, 2026, the State Board of
11 Education shall implement and administer a grant program
12 under the provisions of this subsection which shall
13 consist of grants to public school districts and other
14 eligible entities, as defined by the State Board of
15 Education, to conduct voluntary preschool educational
16 programs for children ages 3 to 5 which include a parent
17 education component. A public school district which
18 receives grants under this subsection may subcontract with
19 other entities that are eligible to conduct a preschool
20 educational program. These grants must be used to
21 supplement, not supplant, funds received from any other
22 source.
23 (1.5) On and after July 1, 2026, the Department of
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1 Early Childhood shall implement and administer a grant
2 program for school districts and other eligible entities,
3 as defined by the Department, to conduct voluntary
4 preschool educational programs for children ages 3 to 5
5 which include a parent education component. A public
6 school district which receives grants under this
7 subsection may subcontract with other entities that are
8 eligible to conduct a preschool educational program. These
9 grants must be used to supplement, not supplant, funds
10 received from any other source.
11 (2) (Blank).
12 (3) Except as otherwise provided under this subsection
13 (a), any teacher of preschool children in the program
14 authorized by this subsection shall hold a Professional
15 Educator License with an early childhood education
16 endorsement.
17 (3.5) Beginning with the 2018-2019 school year and
18 until the 2028-2029 school year, an individual may teach
19 preschool children in an early childhood program under
20 this Section if he or she holds a Professional Educator
21 License with an early childhood education endorsement or
22 with short-term approval for early childhood education or
23 he or she pursues a Professional Educator License and
24 holds any of the following:
25 (A) An ECE Credential Level of 5 awarded by the
26 Department of Human Services under the Gateways to
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1 Opportunity Program developed under Section 10-70 of
2 the Department of Human Services Act.
3 (B) An Educator License with Stipulations with a
4 transitional bilingual educator endorsement and he or
5 she has (i) passed an early childhood education
6 content test or (ii) completed no less than 9 semester
7 hours of postsecondary coursework in the area of early
8 childhood education.
9 (4) (Blank).
10 (4.5) Through June 30, 2026, the State Board of
11 Education shall provide the primary source of funding
12 through appropriations for the program. On and after July
13 1, 2026, the Department of Early Childhood shall provide
14 the primary source of funding through appropriations for
15 the program. Such funds shall be distributed to achieve a
16 goal of "Preschool for All Children" for the benefit of
17 all children whose families choose to participate in the
18 program. Based on available appropriations, newly funded
19 programs shall be selected through a process giving first
20 priority to qualified programs serving primarily at-risk
21 children and second priority to qualified programs serving
22 primarily children with a family income of less than 4
23 times the poverty guidelines updated periodically in the
24 Federal Register by the U.S. Department of Health and
25 Human Services under the authority of 42 U.S.C. 9902(2).
26 For purposes of this paragraph (4.5), at-risk children are
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1 those who because of their home and community environment
2 are subject to such language, cultural, economic and like
3 disadvantages to cause them to have been determined as a
4 result of screening procedures to be at risk of academic
5 failure. Through June 30, 2026, such screening procedures
6 shall be based on criteria established by the State Board
7 of Education. On and after July 1, 2026, such screening
8 procedures shall be based on criteria established by the
9 Department of Early Childhood.
10 Except as otherwise provided in this paragraph (4.5),
11 grantees under the program must enter into a memorandum of
12 understanding with the appropriate local Head Start
13 agency. This memorandum must be entered into no later than
14 3 months after the award of a grantee's grant under the
15 program, except that, in the case of the 2009-2010 program
16 year, the memorandum must be entered into no later than
17 the deadline set by the State Board of Education for
18 applications to participate in the program in fiscal year
19 2011, and must address collaboration between the grantee's
20 program and the local Head Start agency on certain issues,
21 which shall include without limitation the following:
22 (A) educational activities, curricular objectives,
23 and instruction;
24 (B) public information dissemination and access to
25 programs for families contacting programs;
26 (C) service areas;
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1 (D) selection priorities for eligible children to
2 be served by programs;
3 (E) maximizing the impact of federal and State
4 funding to benefit young children;
5 (F) staff training, including opportunities for
6 joint staff training;
7 (G) technical assistance;
8 (H) communication and parent outreach for smooth
9 transitions to kindergarten;
10 (I) provision and use of facilities,
11 transportation, and other program elements;
12 (J) facilitating each program's fulfillment of its
13 statutory and regulatory requirements;
14 (K) improving local planning and collaboration;
15 and
16 (L) providing comprehensive services for the
17 neediest Illinois children and families.
18 Through June 30, 2026, if the appropriate local Head Start
19 agency is unable or unwilling to enter into a memorandum
20 of understanding as required under this paragraph (4.5),
21 the memorandum of understanding requirement shall not
22 apply and the grantee under the program must notify the
23 State Board of Education in writing of the Head Start
24 agency's inability or unwillingness. The State Board of
25 Education shall compile all such written notices and make
26 them available to the public. On and after July 1, 2026, if
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1 the appropriate local Head Start agency is unable or
2 unwilling to enter into a memorandum of understanding as
3 required under this paragraph (4.5), the memorandum of
4 understanding requirement shall not apply and the grantee
5 under the program must notify the Department of Early
6 Childhood in writing of the Head Start agency's inability
7 or unwillingness. The Department of Early Childhood shall
8 compile all such written notices and make them available
9 to the public.
10 (5) Through June 30, 2026, the State Board of
11 Education shall develop and provide evaluation tools,
12 including tests, that school districts and other eligible
13 entities may use to evaluate children for school readiness
14 prior to age 5. The State Board of Education shall require
15 school districts and other eligible entities to obtain
16 consent from the parents or guardians of children before
17 any evaluations are conducted. The State Board of
18 Education shall encourage local school districts and other
19 eligible entities to evaluate the population of preschool
20 children in their communities and provide preschool
21 programs, pursuant to this subsection, where appropriate.
22 (5.1) On and after July 1, 2026, the Department of
23 Early Childhood shall develop and provide evaluation
24 tools, including tests, that school districts and other
25 eligible entities may use to evaluate children for school
26 readiness prior to age 5. The Department of Early
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1 Childhood shall require school districts and other
2 eligible entities to obtain consent from the parents or
3 guardians of children before any evaluations are
4 conducted. The Department of Early Childhood shall
5 encourage local school districts and other eligible
6 entities to evaluate the population of preschool children
7 in their communities and provide preschool programs,
8 pursuant to this subsection, where appropriate.
9 (6) Through June 30, 2026, the State Board of
10 Education shall report to the General Assembly by November
11 1, 2018 and every 2 years thereafter on the results and
12 progress of students who were enrolled in preschool
13 educational programs, including an assessment of which
14 programs have been most successful in promoting academic
15 excellence and alleviating academic failure. Through June
16 30, 2026, the State Board of Education shall assess the
17 academic progress of all students who have been enrolled
18 in preschool educational programs.
19 Through fiscal year 2026, on or before November 1 of
20 each fiscal year in which the General Assembly provides
21 funding for new programs under paragraph (4.5) of this
22 Section, the State Board of Education shall report to the
23 General Assembly on what percentage of new funding was
24 provided to programs serving primarily at-risk children,
25 what percentage of new funding was provided to programs
26 serving primarily children with a family income of less
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1 than 4 times the federal poverty level, and what
2 percentage of new funding was provided to other programs.
3 (6.1) On and after July 1, 2026, the Department of
4 Early Childhood shall report to the General Assembly by
5 November 1, 2026 and every 2 years thereafter on the
6 results and progress of students who were enrolled in
7 preschool educational programs, including an assessment of
8 which programs have been most successful in promoting
9 academic excellence and alleviating academic failure. On
10 and after July 1, 2026, the Department of Early Childhood
11 shall assess the academic progress of all students who
12 have been enrolled in preschool educational programs.
13 Beginning in fiscal year 2027, on or before November 1 of
14 each fiscal year in which the General Assembly provides
15 funding for new programs under paragraph (4.5) of this
16 Section, the Department of Early Childhood shall report to
17 the General Assembly on what percentage of new funding was
18 provided to programs serving primarily at-risk children,
19 what percentage of new funding was provided to programs
20 serving primarily children with a family income of less
21 than 4 times the federal poverty level, and what
22 percentage of new funding was provided to other programs.
23 (7) Due to evidence that expulsion practices in the
24 preschool years are linked to poor child outcomes and are
25 employed inconsistently across racial and gender groups,
26 early childhood programs receiving State funds under this
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1 subsection (a) shall prohibit expulsions. Planned
2 transitions to settings that are able to better meet a
3 child's needs are not considered expulsion under this
4 paragraph (7).
5 (A) When persistent and serious challenging
6 behaviors emerge, the early childhood program shall
7 document steps taken to ensure that the child can
8 participate safely in the program; including
9 observations of initial and ongoing challenging
10 behaviors, strategies for remediation and intervention
11 plans to address the behaviors, and communication with
12 the parent or legal guardian, including participation
13 of the parent or legal guardian in planning and
14 decision-making.
15 (B) The early childhood program shall, with
16 parental or legal guardian consent as required,
17 utilize a range of community resources, if available
18 and deemed necessary, including, but not limited to,
19 developmental screenings, referrals to programs and
20 services administered by a local educational agency or
21 early intervention agency under Parts B and C of the
22 federal Individual with Disabilities Education Act,
23 and consultation with infant and early childhood
24 mental health consultants and the child's health care
25 provider. The program shall document attempts to
26 engage these resources, including parent or legal
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1 guardian participation and consent attempted and
2 obtained. Communication with the parent or legal
3 guardian shall take place in a culturally and
4 linguistically competent manner.
5 (C) If there is documented evidence that all
6 available interventions and supports recommended by a
7 qualified professional have been exhausted and the
8 program determines in its professional judgment that
9 transitioning a child to another program is necessary
10 for the well-being of the child or his or her peers and
11 staff, with parent or legal guardian permission, both
12 the current and pending programs shall create a
13 transition plan designed to ensure continuity of
14 services and the comprehensive development of the
15 child. Communication with families shall occur in a
16 culturally and linguistically competent manner.
17 (D) Nothing in this paragraph (7) shall preclude a
18 parent's or legal guardian's right to voluntarily
19 withdraw his or her child from an early childhood
20 program. Early childhood programs shall request and
21 keep on file, when received, a written statement from
22 the parent or legal guardian stating the reason for
23 his or her decision to withdraw his or her child.
24 (E) In the case of the determination of a serious
25 safety threat to a child or others or in the case of
26 behaviors listed in subsection (d) of Section 10-22.6
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1 of this Code, the temporary removal of a child from
2 attendance in group settings may be used. Temporary
3 removal of a child from attendance in a group setting
4 shall trigger the process detailed in subparagraphs
5 (A), (B), and (C) of this paragraph (7), with the child
6 placed back in a group setting as quickly as possible.
7 (F) Early childhood programs may utilize and the
8 Department of Early Childhood, State Board of
9 Education, the Department of Human Services, and the
10 Department of Children and Family Services shall
11 recommend training, technical support, and
12 professional development resources to improve the
13 ability of teachers, administrators, program
14 directors, and other staff to promote social-emotional
15 development and behavioral health, to address
16 challenging behaviors, and to understand trauma and
17 trauma-informed care, cultural competence, family
18 engagement with diverse populations, the impact of
19 implicit bias on adult behavior, and the use of
20 reflective practice techniques. Support shall include
21 the availability of resources to contract with infant
22 and early childhood mental health consultants.
23 (G) Through June 30, 2026, early childhood
24 programs shall annually report to the State Board of
25 Education, and, beginning in fiscal year 2020, the
26 State Board of Education shall make available on a
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1 biennial basis, in an existing report, all of the
2 following data for children from birth to age 5 who are
3 served by the program:
4 (i) Total number served over the course of the
5 program year and the total number of children who
6 left the program during the program year.
7 (ii) Number of planned transitions to another
8 program due to children's behavior, by children's
9 race, gender, disability, language, class/group
10 size, teacher-child ratio, and length of program
11 day.
12 (iii) Number of temporary removals of a child
13 from attendance in group settings due to a serious
14 safety threat under subparagraph (E) of this
15 paragraph (7), by children's race, gender,
16 disability, language, class/group size,
17 teacher-child ratio, and length of program day.
18 (iv) Hours of infant and early childhood
19 mental health consultant contact with program
20 leaders, staff, and families over the program
21 year.
22 (G-5) On and after July 1, 2026, early childhood
23 programs shall annually report to the Department of
24 Early Childhood, and beginning in fiscal year 2028,
25 the Department of Early Childhood shall make available
26 on a biennial basis, in a report, all of the following
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1 data for children from birth to age 5 who are served by
2 the program:
3 (i) Total number served over the course of the
4 program year and the total number of children who
5 left the program during the program year.
6 (ii) Number of planned transitions to another
7 program due to children's behavior, by children's
8 race, gender, disability, language, class/group
9 size, teacher-child ratio, and length of program
10 day.
11 (iii) Number of temporary removals of a child
12 from attendance in group settings due to a serious
13 safety threat under subparagraph (E) of this
14 paragraph (7), by children's race, gender,
15 disability, language, class/group size,
16 teacher-child ratio, and length of program day.
17 (iv) Hours of infant and early childhood
18 mental health consultant contact with program
19 leaders, staff, and families over the program
20 year.
21 (H) Changes to services for children with an
22 individualized education program or individual family
23 service plan shall be construed in a manner consistent
24 with the federal Individuals with Disabilities
25 Education Act.
26 The Department of Early Childhood, in consultation
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1 with the Department of Children and Family Services, shall
2 adopt rules to administer this paragraph (7).
3 (8) Due to evidence that suspension practices in the
4 preschool years are linked to poor child outcomes and are
5 employed inconsistently across racial and gender groups,
6 early childhood programs that receive State funds under
7 this subsection (a) shall restrict suspensions as provided
8 in this paragraph (8). Planned transitions to settings
9 that are able to better meet a child's needs are not
10 considered a suspension for purposes of this paragraph
11 (8). The decision to suspend a student in preschool for 4
12 or more days may be made only by the superintendent of the
13 school district, the director of an early childhood
14 program, or an individual with comparable supervisory
15 authority, and the length of the suspension of a student
16 in preschool may not exceed the number of days required by
17 the school district or early childhood program to develop
18 and implement a behavior intervention plan or safety plan.
19 (b) (Blank).
20 (c) Notwithstanding any other provisions of this Section,
21 grantees may serve children ages 0 to 12 of essential workers
22 if the Governor has declared a disaster due to a public health
23 emergency pursuant to Section 7 of the Illinois Emergency
24 Management Agency Act. For the purposes of this subsection,
25 essential workers include those outlined in Executive Order
26 20-8 and school employees. The State Board of Education shall
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1 adopt rules to administer this subsection.
2 (d) Paragraphs (a)(1), (a)(1.5), (a)(4.5), (a)(5),
3 (a)(5.1), (a)(6), (a)(6.1), and (a)(7) and subsection (c) of
4 this Section are inoperative on and after July 1, 2026.
5 (Source: P.A. 103-111, eff. 6-29-23; 103-594, eff. 6-25-24.)
6 (105 ILCS 5/2-3.162)
7 Sec. 2-3.162. Student discipline report; school discipline
8 improvement plan.
9 (a) On or before October 31, 2015 and on or before October
10 31 of each subsequent year, the State Board of Education,
11 through the State Superintendent of Education, shall prepare a
12 report on student discipline in all school districts in this
13 State, including State-authorized charter schools. This report
14 shall include data from all public schools within school
15 districts, including district-authorized charter schools. This
16 report must be posted on the Internet website of the State
17 Board of Education. The report shall include data on the
18 issuance of out-of-school suspensions, expulsions, and
19 removals to alternative settings in lieu of another
20 disciplinary action, disaggregated by race and ethnicity,
21 gender, age, grade level, whether a student is an English
22 learner, incident type, and discipline duration. On or before
23 July 31, 2026, and on or before each July 31 thereafter, each
24 school district in the State, including State-authorized
25 charter schools shall report this data to the State Board of
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1 Education in the form and manner prescribed by the State Board
2 of Education.
3 (b) The State Board of Education shall analyze the data
4 under subsection (a) of this Section on an annual basis and
5 determine the top 20% of school districts for the following
6 metrics:
7 (1) Total number of out-of-school suspensions divided
8 by the total district enrollment by the last school day in
9 September for the year in which the data was collected,
10 multiplied by 100.
11 (2) Total number of out-of-school expulsions divided
12 by the total district enrollment by the last school day in
13 September for the year in which the data was collected,
14 multiplied by 100.
15 (3) Racial disproportionality, defined as the
16 overrepresentation of students of color or white students
17 in comparison to the total number of students of color or
18 white students on October 1st of the school year in which
19 data are collected, with respect to the use of
20 out-of-school suspensions and expulsions, which must be
21 calculated using the same method as the U.S. Department of
22 Education's Office for Civil Rights uses.
23 The analysis must be based on data collected over 3
24 consecutive school years, beginning with the 2014-2015 school
25 year.
26 Beginning with the 2017-2018 school year, the State Board
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1 of Education shall require each of the school districts that
2 are identified in the top 20% of any of the metrics described
3 in this subsection (b) for 3 consecutive years to submit a plan
4 identifying the strategies the school district will implement
5 to reduce the use of exclusionary disciplinary practices or
6 racial disproportionality or both, if applicable. School
7 districts that no longer meet the criteria described in any of
8 the metrics described in this subsection (b) for 3 consecutive
9 years shall no longer be required to submit a plan.
10 This plan may be combined with any other improvement plans
11 required under federal or State law.
12 The calculation of the top 20% of any of the metrics
13 described in this subsection (b) shall exclude all school
14 districts, State-authorized charter schools, and special
15 charter districts that issued fewer than a total of 10
16 out-of-school suspensions or expulsions, whichever is
17 applicable, during the school year. The calculation of the top
18 20% of the metric described in subdivision (3) of this
19 subsection (b) shall exclude all school districts with an
20 enrollment of fewer than 50 white students or fewer than 50
21 students of color.
22 The plan must be approved at a public school board meeting
23 and posted on the school district's Internet website. Within
24 one year after being identified, the school district shall
25 submit to the State Board of Education and post on the
26 district's Internet website a progress report describing the
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1 implementation of the plan and the results achieved.
2 (Source: P.A. 99-30, eff. 7-10-15; 99-78, eff. 7-20-15;
3 100-863, eff. 8-14-18.)
4 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
5 (Text of Section before amendment by P.A. 102-466)
6 Sec. 10-22.6. Suspension or expulsion of students; school
7 searches.
8 (a) To expel students guilty of gross disobedience or
9 misconduct, including gross disobedience or misconduct
10 perpetuated by electronic means, pursuant to subsection (b-20)
11 of this Section, and no action shall lie against them for such
12 expulsion. Expulsion shall take place only after the parents
13 have been requested to appear at a meeting of the board, or
14 with a hearing officer appointed by it, to discuss their
15 child's behavior. Such request shall be made by registered or
16 certified mail and shall state the time, place and purpose of
17 the meeting. The board, or a hearing officer appointed by it,
18 at such meeting shall state the reasons for dismissal and the
19 date on which the expulsion is to become effective. If a
20 hearing officer is appointed by the board, the hearing officer
21 shall report to the board a written summary of the evidence
22 heard at the meeting and the board may take such action thereon
23 as it finds appropriate. If the board acts to expel a student,
24 the written expulsion decision shall detail the specific
25 reasons why removing the student from the learning environment
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1 is in the best interest of the school. The expulsion decision
2 shall also include a rationale as to the specific duration of
3 the expulsion. An expelled student may be immediately
4 transferred to an alternative program in the manner provided
5 in Article 13A or 13B of this Code. A student must not be
6 denied transfer because of the expulsion, except in cases in
7 which such transfer is deemed to cause a threat to the safety
8 of students or staff in the alternative program.
9 (b) To suspend or by policy to authorize the
10 superintendent of the district or the principal, assistant
11 principal, or dean of students of any school to suspend
12 students guilty of gross disobedience or misconduct, or to
13 suspend students guilty of gross disobedience or misconduct on
14 the school bus from riding the school bus, pursuant to
15 subsections (b-15) and (b-20) of this Section, and no action
16 shall lie against them for such suspension. The board may by
17 policy authorize the superintendent of the district or the
18 principal, assistant principal, or dean of students of any
19 school to suspend students guilty of such acts for a period not
20 to exceed 10 school days. If a student is suspended due to
21 gross disobedience or misconduct on a school bus, the board
22 may suspend the student in excess of 10 school days for safety
23 reasons.
24 Any suspension shall be reported immediately to the
25 parents or guardian of a student along with a full statement of
26 the reasons for such suspension and a notice of their right to
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1 a review. The school board must be given a summary of the
2 notice, including the reason for the suspension and the
3 suspension length. Upon request of the parents or guardian,
4 the school board or a hearing officer appointed by it shall
5 review such action of the superintendent or principal,
6 assistant principal, or dean of students. At such review, the
7 parents or guardian of the student may appear and discuss the
8 suspension with the board or its hearing officer. If a hearing
9 officer is appointed by the board, he shall report to the board
10 a written summary of the evidence heard at the meeting. After
11 its hearing or upon receipt of the written report of its
12 hearing officer, the board may take such action as it finds
13 appropriate. If a student is suspended pursuant to this
14 subsection (b), the board shall, in the written suspension
15 decision, detail the specific act of gross disobedience or
16 misconduct resulting in the decision to suspend. The
17 suspension decision shall also include a rationale as to the
18 specific duration of the suspension.
19 (b-5) Among the many possible disciplinary interventions
20 and consequences available to school officials, school
21 exclusions, such as out-of-school suspensions and expulsions,
22 are the most serious. School officials shall limit the number
23 and duration of expulsions and suspensions to the greatest
24 extent practicable, and it is recommended that they use them
25 only for legitimate educational purposes. To ensure that
26 students are not excluded from school unnecessarily, it is
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1 recommended that school officials consider forms of
2 non-exclusionary discipline prior to using out-of-school
3 suspensions or expulsions.
4 (b-10) Unless otherwise required by federal law or this
5 Code, school boards may not institute zero-tolerance policies
6 by which school administrators are required to suspend or
7 expel students for particular behaviors.
8 (b-15) Out-of-school suspensions of 3 days or less may be
9 used only if the student's continuing presence in school would
10 pose a threat to school safety or a disruption to other
11 students' learning opportunities. For purposes of this
12 subsection (b-15), "threat to school safety or a disruption to
13 other students' learning opportunities" shall be determined on
14 a case-by-case basis by the school board or its designee.
15 School officials shall make all reasonable efforts to resolve
16 such threats, address such disruptions, and minimize the
17 length of suspensions to the greatest extent practicable.
18 (b-20) Unless otherwise required by this Code,
19 out-of-school suspensions of longer than 3 days, expulsions,
20 and disciplinary removals to alternative schools may be used
21 only if other appropriate and available behavioral and
22 disciplinary interventions have been exhausted and the
23 student's continuing presence in school would either (i) pose
24 a threat to the safety of other students, staff, or members of
25 the school community or (ii) substantially disrupt, impede, or
26 interfere with the operation of the school. For purposes of
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1 this subsection (b-20), "threat to the safety of other
2 students, staff, or members of the school community" and
3 "substantially disrupt, impede, or interfere with the
4 operation of the school" shall be determined on a case-by-case
5 basis by school officials. For purposes of this subsection
6 (b-20), the determination of whether "appropriate and
7 available behavioral and disciplinary interventions have been
8 exhausted" shall be made by school officials. School officials
9 shall make all reasonable efforts to resolve such threats,
10 address such disruptions, and minimize the length of student
11 exclusions to the greatest extent practicable. Within the
12 suspension decision described in subsection (b) of this
13 Section or the expulsion decision described in subsection (a)
14 of this Section, it shall be documented whether other
15 interventions were attempted or whether it was determined that
16 there were no other appropriate and available interventions.
17 (b-25) Students who are suspended out-of-school for longer
18 than 3 school days shall be provided appropriate and available
19 support services during the period of their suspension. For
20 purposes of this subsection (b-25), "appropriate and available
21 support services" shall be determined by school authorities.
22 Within the suspension decision described in subsection (b) of
23 this Section, it shall be documented whether such services are
24 to be provided or whether it was determined that there are no
25 such appropriate and available services.
26 A school district may refer students who are expelled to
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1 appropriate and available support services.
2 A school district shall create a policy to facilitate the
3 re-engagement of students who are suspended out-of-school,
4 expelled, or returning from an alternative school setting. In
5 consultation with stakeholders deemed appropriate by the State
6 Board of Education, the State Board of Education shall draft
7 and publish guidance for the re-engagement of students who are
8 suspended out-of-school, expelled, or returning from an
9 alternative school setting in accordance with this Section and
10 Section 13A-4 on or before July 1, 2025.
11 (b-30) A school district shall create a policy by which
12 suspended students, including those students suspended from
13 the school bus who do not have alternate transportation to
14 school, shall have the opportunity to make up work for
15 equivalent academic credit. It shall be the responsibility of
16 a student's parent or guardian to notify school officials that
17 a student suspended from the school bus does not have
18 alternate transportation to school.
19 (c) A school board must invite a representative from a
20 local mental health agency to consult with the board at the
21 meeting whenever there is evidence that mental illness may be
22 the cause of a student's expulsion or suspension.
23 (c-5) School districts shall make reasonable efforts to
24 provide ongoing professional development to all school
25 personnel, school board members, and school resource officers,
26 on the requirements of this Section and Section 10-20.14, the
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1 adverse consequences of school exclusion and justice-system
2 involvement, effective classroom management strategies,
3 culturally responsive discipline, trauma-responsive learning
4 environments, as defined in subsection (b) of Section 3-11,
5 the appropriate and available supportive services for the
6 promotion of student attendance and engagement, and
7 developmentally appropriate disciplinary methods that promote
8 positive and healthy school climates.
9 (d) The board may expel a student for a definite period of
10 time not to exceed 2 calendar years, as determined on a
11 case-by-case basis. A student who is determined to have
12 brought one of the following objects to school, any
13 school-sponsored activity or event, or any activity or event
14 that bears a reasonable relationship to school shall be
15 expelled for a period of not less than one year:
16 (1) A firearm. For the purposes of this Section,
17 "firearm" means any gun, rifle, shotgun, weapon as defined
18 by Section 921 of Title 18 of the United States Code,
19 firearm as defined in Section 1.1 of the Firearm Owners
20 Identification Card Act, or firearm as defined in Section
21 24-1 of the Criminal Code of 2012. The expulsion period
22 under this subdivision (1) may be modified by the
23 superintendent, and the superintendent's determination may
24 be modified by the board on a case-by-case basis.
25 (2) A knife, brass knuckles or other knuckle weapon
26 regardless of its composition, a billy club, or any other
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1 object if used or attempted to be used to cause bodily
2 harm, including "look alikes" of any firearm as defined in
3 subdivision (1) of this subsection (d). The expulsion
4 requirement under this subdivision (2) may be modified by
5 the superintendent, and the superintendent's determination
6 may be modified by the board on a case-by-case basis.
7 Expulsion or suspension shall be construed in a manner
8 consistent with the federal Individuals with Disabilities
9 Education Act. A student who is subject to suspension or
10 expulsion as provided in this Section may be eligible for a
11 transfer to an alternative school program in accordance with
12 Article 13A of the School Code.
13 (d-5) The board may suspend or by regulation authorize the
14 superintendent of the district or the principal, assistant
15 principal, or dean of students of any school to suspend a
16 student for a period not to exceed 10 school days or may expel
17 a student for a definite period of time not to exceed 2
18 calendar years, as determined on a case-by-case basis, if (i)
19 that student has been determined to have made an explicit
20 threat on an Internet website against a school employee, a
21 student, or any school-related personnel, (ii) the Internet
22 website through which the threat was made is a site that was
23 accessible within the school at the time the threat was made or
24 was available to third parties who worked or studied within
25 the school grounds at the time the threat was made, and (iii)
26 the threat could be reasonably interpreted as threatening to
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1 the safety and security of the threatened individual because
2 of the individual's duties or employment status or status as a
3 student inside the school.
4 (e) To maintain order and security in the schools, school
5 authorities may inspect and search places and areas such as
6 lockers, desks, parking lots, and other school property and
7 equipment owned or controlled by the school, as well as
8 personal effects left in those places and areas by students,
9 without notice to or the consent of the student, and without a
10 search warrant. As a matter of public policy, the General
11 Assembly finds that students have no reasonable expectation of
12 privacy in these places and areas or in their personal effects
13 left in these places and areas. School authorities may request
14 the assistance of law enforcement officials for the purpose of
15 conducting inspections and searches of lockers, desks, parking
16 lots, and other school property and equipment owned or
17 controlled by the school for illegal drugs, weapons, or other
18 illegal or dangerous substances or materials, including
19 searches conducted through the use of specially trained dogs.
20 If a search conducted in accordance with this Section produces
21 evidence that the student has violated or is violating either
22 the law, local ordinance, or the school's policies or rules,
23 such evidence may be seized by school authorities, and
24 disciplinary action may be taken. School authorities may also
25 turn over such evidence to law enforcement authorities.
26 (f) Suspension or expulsion may include suspension or
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1 expulsion from school and all school activities and a
2 prohibition from being present on school grounds.
3 (g) A school district may adopt a policy providing that if
4 a student is suspended or expelled for any reason from any
5 public or private school in this or any other state, the
6 student must complete the entire term of the suspension or
7 expulsion in an alternative school program under Article 13A
8 of this Code or an alternative learning opportunities program
9 under Article 13B of this Code before being admitted into the
10 school district if there is no threat to the safety of students
11 or staff in the alternative program.
12 (h) School officials shall not advise or encourage
13 students to drop out voluntarily due to behavioral or academic
14 difficulties.
15 (i) A student may not be issued a monetary fine or fee as a
16 disciplinary consequence, though this shall not preclude
17 requiring a student to provide restitution for lost, stolen,
18 or damaged property.
19 (j) Subsections (a) through (i) of this Section shall
20 apply to elementary and secondary schools, charter schools,
21 special charter districts, and school districts organized
22 under Article 34 of this Code.
23 (k) The expulsion of students enrolled in programs funded
24 under Section 1C-2 of this Code is subject to the requirements
25 under paragraph (7) of subsection (a) of Section 2-3.71 of
26 this Code.
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1 (l) An in-school suspension program provided by a school
2 district for any students in kindergarten through grade 12 may
3 focus on promoting non-violent conflict resolution and
4 positive interaction with other students and school personnel.
5 A school district may employ a school social worker or a
6 licensed mental health professional to oversee an in-school
7 suspension program in kindergarten through grade 12.
8 (Source: P.A. 102-539, eff. 8-20-21; 102-813, eff. 5-13-22;
9 103-594, eff. 6-25-24; 103-896, eff. 8-9-24; revised 9-25-24.)
10 (Text of Section after amendment by P.A. 102-466)
11 Sec. 10-22.6. Suspension or expulsion of students; school
12 searches.
13 (a) To expel students in grades 3 through 12 or, if
14 required by the federal Gun-Free Schools Act, students in
15 kindergarten through grade 2, who are guilty of gross
16 disobedience or misconduct, including gross disobedience or
17 misconduct perpetuated by electronic means, pursuant to
18 subsection (b-20) of this Section, and no action shall lie
19 against them for such expulsion. Beginning July 1, 2026,
20 unless otherwise required by the federal Gun-Free Schools Act,
21 in no case may a school board expel a student in kindergarten
22 through grade 2. Subject to this grade-level restriction,
23 expulsion Expulsion shall take place only after the parents or
24 guardians have been requested to appear at a meeting of the
25 board, or with a hearing officer appointed by it, to discuss
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1 their child's behavior. Such request shall be made by
2 registered or certified mail and shall state the time, place
3 and purpose of the meeting. The board, or a hearing officer
4 appointed by it, at such meeting shall state the reasons for
5 dismissal and the date on which the expulsion is to become
6 effective. If a hearing officer is appointed by the board, the
7 hearing officer shall report to the board a written summary of
8 the evidence heard at the meeting and the board may take such
9 action thereon as it finds appropriate. If the board acts to
10 expel a student, the written expulsion decision shall detail
11 the specific reasons why removing the student from the
12 learning environment is in the best interest of the school.
13 The expulsion decision shall also include a rationale as to
14 the specific duration of the expulsion. An expelled student
15 may be immediately transferred to an alternative program in
16 the manner provided in Article 13A or 13B of this Code. A
17 student must not be denied transfer because of the expulsion,
18 except in cases in which such transfer is deemed to cause a
19 threat to the safety of students or staff in the alternative
20 program.
21 (b) To suspend or by policy to authorize the
22 superintendent of the district or the principal, assistant
23 principal, or dean of students of any school to suspend
24 students guilty of gross disobedience or misconduct, or to
25 suspend students guilty of gross disobedience or misconduct on
26 the school bus from riding the school bus, pursuant to
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1 subsections (b-15) and (b-20) of this Section, and no action
2 shall lie against them for such suspension. The board may by
3 policy authorize the superintendent of the district or the
4 principal, assistant principal, or dean of students of any
5 school to suspend students guilty of such acts for a period not
6 to exceed 10 school days. If a student is suspended due to
7 gross disobedience or misconduct on a school bus, the board
8 may suspend the student in excess of 10 school days for safety
9 reasons. Notwithstanding any other provision of this Section,
10 beginning July 1, 2026, the decision to suspend a student in
11 kindergarten through grade 2 for 4 or more days be made only by
12 the superintendent of the district, and the length of the
13 suspension of a student in kindergarten through grade 2 may
14 not exceed the number of days required for the district to
15 develop and implement a behavior intervention plan or safety
16 plan.
17 Any suspension shall be reported immediately to the
18 parents or guardians of a student along with a full statement
19 of the reasons for such suspension and a notice of their right
20 to a review. The school board must be given a summary of the
21 notice, including the reason for the suspension and the
22 suspension length. Upon request of the parents or guardians,
23 the school board or a hearing officer appointed by it shall
24 review such action of the superintendent or principal,
25 assistant principal, or dean of students. At such review, the
26 parents or guardians of the student may appear and discuss the
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1 suspension with the board or its hearing officer. If a hearing
2 officer is appointed by the board, he shall report to the board
3 a written summary of the evidence heard at the meeting. After
4 its hearing or upon receipt of the written report of its
5 hearing officer, the board may take such action as it finds
6 appropriate. If a student is suspended pursuant to this
7 subsection (b), the board shall, in the written suspension
8 decision, detail the specific act of gross disobedience or
9 misconduct resulting in the decision to suspend. The
10 suspension decision shall also include a rationale as to the
11 specific duration of the suspension.
12 (b-5) Among the many possible disciplinary interventions
13 and consequences available to school officials, school
14 exclusions, such as out-of-school suspensions and expulsions,
15 are the most serious. School officials shall limit the number
16 and duration of expulsions and suspensions to the greatest
17 extent practicable, and it is recommended that they use them
18 only for legitimate educational purposes. To ensure that
19 students are not excluded from school unnecessarily, it is
20 recommended that school officials consider forms of
21 non-exclusionary discipline prior to using out-of-school
22 suspensions or expulsions.
23 (b-10) Unless otherwise required by the federal Gun-Free
24 Schools Act law or this Code, school boards may not institute
25 zero-tolerance policies by which school administrators are
26 required to suspend or expel students for particular
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1 behaviors.
2 (b-15) Out-of-school suspensions of 3 days or less may be
3 used only if the student's continuing presence in school would
4 pose a threat to school safety or a disruption to other
5 students' learning opportunities. For purposes of this
6 subsection (b-15), "threat to school safety or a disruption to
7 other students' learning opportunities" shall be determined on
8 a case-by-case basis by the school board or its designee.
9 School officials shall make all reasonable efforts to resolve
10 such threats, address such disruptions, and minimize the
11 length of suspensions to the greatest extent practicable.
12 (b-20) Unless otherwise required by this Code,
13 out-of-school suspensions of longer than 3 days, expulsions
14 for students in grades 3 through 12 (or, if required by the
15 federal Gun-Free Schools Act, expulsions for students in
16 kindergarten through grade 2), and disciplinary removals to
17 alternative schools for students who meet the grade-level
18 restrictions set forth in Articles 13A and 13B may be used only
19 if other appropriate and available behavioral and disciplinary
20 interventions have been exhausted and the student's continuing
21 presence in school would either (i) pose a threat to the safety
22 of other students, staff, or members of the school community
23 or (ii) substantially disrupt, impede, or interfere with the
24 operation of the school. For purposes of this subsection
25 (b-20), "threat to the safety of other students, staff, or
26 members of the school community" and "substantially disrupt,
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1 impede, or interfere with the operation of the school" shall
2 be determined on a case-by-case basis by school officials. For
3 purposes of this subsection (b-20), the determination of
4 whether "appropriate and available behavioral and disciplinary
5 interventions have been exhausted" shall be made by school
6 officials. School officials shall make all reasonable efforts
7 to resolve such threats, address such disruptions, and
8 minimize the length of student exclusions to the greatest
9 extent practicable. Within the suspension decision described
10 in subsection (b) of this Section or the expulsion decision
11 described in subsection (a) of this Section, it shall be
12 documented whether other interventions were attempted or
13 whether it was determined that there were no other appropriate
14 and available interventions.
15 (b-25) Students who are suspended out-of-school for longer
16 than 3 school days shall be provided appropriate and available
17 support services during the period of their suspension. For
18 purposes of this subsection (b-25), "appropriate and available
19 support services" shall be determined by school authorities.
20 Within the suspension decision described in subsection (b) of
21 this Section, it shall be documented whether such services are
22 to be provided or whether it was determined that there are no
23 such appropriate and available services.
24 A school district may refer students who are expelled to
25 appropriate and available support services.
26 A school district shall create a policy to facilitate the
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1 re-engagement of students who are suspended out-of-school,
2 expelled, or returning from an alternative school setting. In
3 consultation with stakeholders deemed appropriate by the State
4 Board of Education, the State Board of Education shall draft
5 and publish guidance for the re-engagement of students who are
6 suspended out-of-school, expelled, or returning from an
7 alternative school setting in accordance with this Section and
8 Section 13A-4 on or before July 1, 2025.
9 (b-30) A school district shall create a policy by which
10 suspended students, including those students suspended from
11 the school bus who do not have alternate transportation to
12 school, shall have the opportunity to make up work for
13 equivalent academic credit. It shall be the responsibility of
14 a student's parents or guardians to notify school officials
15 that a student suspended from the school bus does not have
16 alternate transportation to school.
17 (b-35) In all suspension review hearings conducted under
18 subsection (b) or expulsion hearings conducted under
19 subsection (a), a student may disclose any factor to be
20 considered in mitigation, including his or her status as a
21 parent, expectant parent, or victim of domestic or sexual
22 violence, as defined in Article 26A. A representative of the
23 parent's or guardian's choice, or of the student's choice if
24 emancipated, must be permitted to represent the student
25 throughout the proceedings and to address the school board or
26 its appointed hearing officer. With the approval of the
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1 student's parent or guardian, or of the student if
2 emancipated, a support person must be permitted to accompany
3 the student to any disciplinary hearings or proceedings. The
4 representative or support person must comply with any rules of
5 the school district's hearing process. If the representative
6 or support person violates the rules or engages in behavior or
7 advocacy that harasses, abuses, or intimidates either party, a
8 witness, or anyone else in attendance at the hearing, the
9 representative or support person may be prohibited from
10 further participation in the hearing or proceeding. A
11 suspension or expulsion proceeding under this subsection
12 (b-35) must be conducted independently from any ongoing
13 criminal investigation or proceeding, and an absence of
14 pending or possible criminal charges, criminal investigations,
15 or proceedings may not be a factor in school disciplinary
16 decisions.
17 (b-40) During a suspension review hearing conducted under
18 subsection (b) or an expulsion hearing conducted under
19 subsection (a) that involves allegations of sexual violence by
20 the student who is subject to discipline, neither the student
21 nor his or her representative shall directly question nor have
22 direct contact with the alleged victim. The student who is
23 subject to discipline or his or her representative may, at the
24 discretion and direction of the school board or its appointed
25 hearing officer, suggest questions to be posed by the school
26 board or its appointed hearing officer to the alleged victim.
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1 (c) A school board must invite a representative from a
2 local mental health agency to consult with the board at the
3 meeting whenever there is evidence that mental illness may be
4 the cause of a student's expulsion or suspension.
5 (c-5) School districts shall make reasonable efforts to
6 provide ongoing professional development to all school
7 personnel, school board members, and school resource officers
8 on the requirements of this Section and Section 10-20.14, the
9 adverse consequences of school exclusion and justice-system
10 involvement, effective classroom management strategies,
11 culturally responsive discipline, trauma-responsive learning
12 environments, as defined in subsection (b) of Section 3-11,
13 the appropriate and available supportive services for the
14 promotion of student attendance and engagement, and
15 developmentally appropriate disciplinary methods that promote
16 positive and healthy school climates.
17 (d) The board may expel a student in grades 3 through 12
18 or, if required by the federal Gun-Free Schools Act, a student
19 in kindergarten through grade 2, for a definite period of time
20 not to exceed 2 calendar years, as determined on a
21 case-by-case basis. A student who is determined to have
22 brought or possessed one of the following objects to or at
23 school, any school-sponsored activity or event, or any
24 activity or event that bears a reasonable relationship to
25 school shall be expelled for a period of not less than one
26 year:
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1 (1) A firearm. For the purposes of this Section,
2 "firearm" means any gun, rifle, shotgun, weapon as defined
3 by Section 921 of Title 18 of the United States Code,
4 firearm as defined in Section 1.1 of the Firearm Owners
5 Identification Card Act, or firearm as defined in Section
6 24-1 of the Criminal Code of 2012. The expulsion
7 requirement period under this subdivision (1) may be
8 modified by the superintendent if such modification is in
9 writing, and the superintendent's determination may be
10 modified by the board on a case-by-case basis if such
11 modification is in writing.
12 (2) A knife, brass knuckles or other knuckle weapon
13 regardless of its composition, a billy club, or any other
14 object if used or attempted to be used to cause bodily
15 harm, including "look alikes" of any firearm as defined in
16 subdivision (1) of this subsection (d). The expulsion
17 requirement under this subdivision (2) may be modified by
18 the superintendent, and the superintendent's determination
19 may be modified by the board on a case-by-case basis.
20 Expulsion or suspension shall be construed in a manner
21 consistent with the federal Individuals with Disabilities
22 Education Act. A student who is subject to suspension or
23 expulsion as provided in this Section may be eligible for a
24 transfer to an alternative school program in accordance with
25 Article 13A of the School Code.
26 (d-5) For a student in grades 3 through 12, the The board
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1 may suspend or, by regulation, authorize the superintendent of
2 the district or the principal, assistant principal, or dean of
3 students of any school to suspend or, for a student in
4 kindergarten through grade 2, the board may suspend or, by
5 regulation, authorize the superintendent of the district to
6 suspend a student for a period not to exceed 10 school days or
7 may expel a student in grades 3 through 12 or, if required by
8 the federal Gun-Free Schools Act, a student in kindergarten
9 through grade 2, for a definite period of time not to exceed 2
10 calendar years, as determined on a case-by-case basis, if (i)
11 that student has been determined to have made an explicit
12 threat on an Internet website against a school employee, a
13 student, or any school-related personnel, (ii) the Internet
14 website through which the threat was made is a site that was
15 accessible within the school at the time the threat was made or
16 was available to third parties who worked or studied within
17 the school grounds at the time the threat was made, and (iii)
18 the threat could be reasonably interpreted as threatening to
19 the safety and security of the threatened individual because
20 of the individual's duties or employment status or status as a
21 student inside the school.
22 (e) To maintain order and security in the schools, school
23 authorities may inspect and search places and areas such as
24 lockers, desks, parking lots, and other school property and
25 equipment owned or controlled by the school, as well as
26 personal effects left in those places and areas by students,
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1 without notice to or the consent of the student, and without a
2 search warrant. As a matter of public policy, the General
3 Assembly finds that students have no reasonable expectation of
4 privacy in these places and areas or in their personal effects
5 left in these places and areas. School authorities may request
6 the assistance of law enforcement officials for the purpose of
7 conducting inspections and searches of lockers, desks, parking
8 lots, and other school property and equipment owned or
9 controlled by the school for illegal drugs, weapons, or other
10 illegal or dangerous substances or materials, including
11 searches conducted through the use of specially trained dogs.
12 If a search conducted in accordance with this Section produces
13 evidence that the student has violated or is violating either
14 the law, local ordinance, or the school's policies or rules,
15 such evidence may be seized by school authorities, and
16 disciplinary action may be taken. School authorities may also
17 turn over such evidence to law enforcement authorities.
18 (f) Suspension or expulsion may include suspension or
19 expulsion from school and all school activities and a
20 prohibition from being present on school grounds.
21 (g) A school district may adopt a policy providing that if
22 a student is suspended or expelled for any reason from any
23 public or private school in this or any other state, the
24 student must complete the entire term of the suspension or
25 expulsion in an alternative school program under Article 13A
26 of this Code or an alternative learning opportunities program
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1 under Article 13B of this Code before being admitted into the
2 school district if there is no threat to the safety of students
3 or staff in the alternative program. A school district that
4 adopts a policy under this subsection (g) must include a
5 provision allowing for consideration of any mitigating
6 factors, including, but not limited to, a student's status as
7 a parent, expectant parent, or victim of domestic or sexual
8 violence, as defined in Article 26A.
9 (h) School officials shall not advise or encourage
10 students to drop out voluntarily due to behavioral or academic
11 difficulties.
12 (i) A student may not be issued a monetary fine or fee as a
13 disciplinary consequence, though this shall not preclude
14 requiring a student to provide restitution for lost, stolen,
15 or damaged property.
16 (j) Subsections (a) through (i) of this Section shall
17 apply to elementary and secondary schools, charter schools,
18 special charter districts, and school districts organized
19 under Article 34 of this Code.
20 (k) Through June 30, 2026, the expulsion of students
21 enrolled in programs funded under Section 1C-2 of this Code is
22 subject to the requirements under paragraph (7) of subsection
23 (a) of Section 2-3.71 of this Code. The suspension of students
24 enrolled in programs funded under Section 1C-2 of this Code is
25 subject to the requirements of paragraph (8) of subsection (a)
26 of Section 2-3.71 of this Code.
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1 (k-5) On and after July 1, 2026, the expulsion of children
2 enrolled in programs funded under Section 15-25 of the
3 Department of Early Childhood Act is subject to the
4 requirements of paragraph (7) of subsection (a) of Section
5 15-30 of the Department of Early Childhood Act. The suspension
6 of students enrolled in programs funded under Section 1C-2 of
7 this Code is subject to the requirements of paragraph (8) of
8 subsection (a) of Section 15-30 of the Department of Early
9 Childhood Act.
10 (l) An in-school suspension program provided by a school
11 district for any students in kindergarten through grade 12 may
12 focus on promoting non-violent conflict resolution and
13 positive interaction with other students and school personnel.
14 A school district may employ a school social worker or a
15 licensed mental health professional to oversee an in-school
16 suspension program in kindergarten through grade 12.
17 (Source: P.A. 102-466, eff. 7-1-25; 102-539, eff. 8-20-21;
18 102-813, eff. 5-13-22; 103-594, eff. 6-25-24; 103-896, eff.
19 8-9-24; revised 9-25-24.)
20 (105 ILCS 5/13B-20.25)
21 Sec. 13B-20.25. Eligible students. Students in
22 kindergarten grades 4 through grade 12 who meet enrollment
23 criteria established by the school district and who meet the
24 definition of "student at risk of academic failure" are
25 eligible to participate in an alternative learning
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1 opportunities program funded under this Article.
2 Notwithstanding any other provision of law to the contrary,
3 enrollment in a charter alternative learning opportunities
4 program shall be open to any student pupil who has been
5 expelled or suspended for more than 20 days under Section
6 10-22.6 or 34-19 of this Code. All rights granted under this
7 Article to a student's parent or guardian become exclusively
8 those of the student upon the student's 18th birthday.
9 (Source: P.A. 97-495, eff. 1-1-12.)
10 (105 ILCS 5/13B-20.30)
11 Sec. 13B-20.30. Location of program. A school district
12 must consider offering an alternative learning opportunities
13 program on-site in the regular school. An alternative learning
14 opportunities program may be provided at facilities separate
15 from the regular school or in classrooms elsewhere on school
16 premises; however, in no instance shall a student in
17 kindergarten through grade 5 who is enrolled in an alternative
18 learning opportunities program participate in that program or
19 receive services outside of the student's home district. A
20 school district is encouraged to ensure that educational
21 supports and other services are provided to the student as
22 part of the student's activities in the classroom to which the
23 student is originally assigned, unless the nature of the
24 services dictate otherwise.
25 (Source: P.A. 92-42, eff. 1-1-02.)
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1 (105 ILCS 5/13B-25.5)
2 Sec. 13B-25.5. General standards for eligibility for
3 funding. To be eligible for funding, an alternative learning
4 opportunities program must provide evidence of an
5 administrative structure, program activities, program staff, a
6 budget, and a specific curriculum that is consistent with
7 Illinois Learning Standards but may be different from the
8 regular school program in terms of location, subject to the
9 limitations set forth in Section 13B-20.30 of this Code,
10 length of school day, program sequence, pace, instructional
11 activities, or any combination of these.
12 (Source: P.A. 92-42, eff. 1-1-02.)
13 Section 10. The Department of Early Childhood Act is
14 amended by changing Section 15-30 as follows:
15 (325 ILCS 3/15-30)
16 Sec. 15-30. Grants for preschool educational programs.
17 (a) Preschool program.
18 (1) Through June 30, 2026, The State Board of
19 Education shall implement and administer a grant program
20 to conduct voluntary preschool educational programs for
21 children ages 3 to 5, which include a parent education
22 component, pursuant to Section 2-3.71 of the School Code.
23 (2) On and after July 1, 2026, the Department of Early
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1 Childhood shall implement and administer a grant program
2 for school districts and other eligible entities, as
3 defined by the Department, to conduct voluntary preschool
4 educational programs for children ages 3 to 5 which
5 include a parent education component. A public school
6 district which receives grants under this subsection may
7 subcontract with other entities that are eligible to
8 conduct a preschool educational program. These grants must
9 be used to supplement, not supplant, funds received from
10 any other source.
11 (3) Except as otherwise provided under this subsection
12 (a), any teacher of preschool children in the program
13 authorized by this subsection shall hold a Professional
14 Educator License with an early childhood education
15 endorsement.
16 (3.5) Beginning with the 2018-2019 school year and
17 until the 2028-2029 school year, an individual may teach
18 preschool children in an early childhood program under
19 this Section if he or she holds a Professional Educator
20 License with an early childhood education endorsement or
21 with short-term approval for early childhood education or
22 he or she pursues a Professional Educator License and
23 holds any of the following:
24 (A) An ECE Credential Level of 5 awarded by the
25 Department of Human Services under the Gateways to
26 Opportunity Program developed under Section 10-70 of
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1 the Department of Human Services Act.
2 (B) An Educator License with Stipulations with a
3 transitional bilingual educator endorsement and he or
4 she has (i) passed an early childhood education
5 content test or (ii) completed no less than 9 semester
6 hours of postsecondary coursework in the area of early
7 childhood education.
8 (4) Through June 30, 2026, the State Board of
9 Education shall provide the primary source of funding
10 through appropriations for the program. On and after July
11 1, 2026, the Department of Early Childhood shall provide
12 the primary source of funding through appropriations for
13 the program. Such funds shall be distributed to achieve a
14 goal of "Preschool for All Children" for the benefit of
15 all children whose families choose to participate in the
16 program. Based on available appropriations, newly funded
17 programs shall be selected through a process giving first
18 priority to qualified programs serving primarily at-risk
19 children and second priority to qualified programs serving
20 primarily children with a family income of less than 4
21 times the poverty guidelines updated periodically in the
22 Federal Register by the U.S. Department of Health and
23 Human Services under the authority of 42 U.S.C. 9902(2).
24 For purposes of this paragraph (4), at-risk children are
25 those who because of their home and community environment
26 are subject to such language, cultural, economic and like
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1 disadvantages to cause them to have been determined as a
2 result of screening procedures to be at risk of academic
3 failure. Through June 30, 2026, such screening procedures
4 shall be based on criteria established by the State Board
5 of Education. On and after July 1, 2026, such screening
6 procedures shall be based on criteria established by the
7 Department of Early Childhood. Except as otherwise
8 provided in this paragraph (4), grantees under the program
9 must enter into a memorandum of understanding with the
10 appropriate local Head Start agency. This memorandum must
11 be entered into no later than 3 months after the award of a
12 grantee's grant under the program and must address
13 collaboration between the grantee's program and the local
14 Head Start agency on certain issues, which shall include
15 without limitation the following:
16 (A) educational activities, curricular objectives,
17 and instruction;
18 (B) public information dissemination and access to
19 programs for families contacting programs;
20 (C) service areas;
21 (D) selection priorities for eligible children to
22 be served by programs;
23 (E) maximizing the impact of federal and State
24 funding to benefit young children;
25 (F) staff training, including opportunities for
26 joint staff training;
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1 (G) technical assistance;
2 (H) communication and parent outreach for smooth
3 transitions to kindergarten;
4 (I) provision and use of facilities,
5 transportation, and other program elements;
6 (J) facilitating each program's fulfillment of its
7 statutory and regulatory requirements;
8 (K) improving local planning and collaboration;
9 and
10 (L) providing comprehensive services for the
11 neediest Illinois children and families. Through June
12 30, 2026, if the appropriate local Head Start agency
13 is unable or unwilling to enter into a memorandum of
14 understanding as required under this paragraph (4),
15 the memorandum of understanding requirement shall not
16 apply and the grantee under the program must notify
17 the State Board of Education in writing of the Head
18 Start agency's inability or unwillingness. Through
19 June 30, 2026, the State Board of Education shall
20 compile all such written notices and make them
21 available to the public. On and after July 1, 2026, if
22 the appropriate local Head Start agency is unable or
23 unwilling to enter into a memorandum of understanding
24 as required under this paragraph (4), the memorandum
25 of understanding requirement shall not apply and the
26 grantee under the program must notify the Department
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1 of Early Childhood in writing of the Head Start
2 agency's inability or unwillingness. The Department of
3 Early Childhood shall compile all such written notices
4 and make them available to the public.
5 (5) Through June 30, 2026, the State Board of
6 Education shall develop and provide evaluation tools,
7 including tests, that school districts and other eligible
8 entities may use to evaluate children for school readiness
9 prior to age 5. The State Board of Education shall require
10 school districts and other eligible entities to obtain
11 consent from the parents or guardians of children before
12 any evaluations are conducted. The State Board of
13 Education shall encourage local school districts and other
14 eligible entities to evaluate the population of preschool
15 children in their communities and provide preschool
16 programs, pursuant to this subsection, where appropriate.
17 (5.1) On and after July 1, 2026, the Department of
18 Early Childhood shall develop and provide evaluation
19 tools, including tests, that school districts and other
20 eligible entities may use to evaluate children for school
21 readiness prior to age 5. The Department of Early
22 Childhood shall require school districts and other
23 eligible entities to obtain consent from the parents or
24 guardians of children before any evaluations are
25 conducted. The Department of Early Childhood shall
26 encourage local school districts and other eligible
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1 entities to evaluate the population of preschool children
2 in their communities and provide preschool programs,
3 pursuant to this subsection, where appropriate.
4 (6) Through June 30, 2026, the State Board of
5 Education shall report to the General Assembly by November
6 1, 2018 and every 2 years thereafter on the results and
7 progress of students who were enrolled in preschool
8 educational programs, including an assessment of which
9 programs have been most successful in promoting academic
10 excellence and alleviating academic failure. Through June
11 30, 2026, the State Board of Education shall assess the
12 academic progress of all students who have been enrolled
13 in preschool educational programs. Through Fiscal Year
14 2026, on or before November 1 of each fiscal year in which
15 the General Assembly provides funding for new programs
16 under paragraph (4) of this Section, the State Board of
17 Education shall report to the General Assembly on what
18 percentage of new funding was provided to programs serving
19 primarily at-risk children, what percentage of new funding
20 was provided to programs serving primarily children with a
21 family income of less than 4 times the federal poverty
22 level, and what percentage of new funding was provided to
23 other programs.
24 (6.1) On and after July 1, 2026, the Department of
25 Early Childhood shall report to the General Assembly by
26 November 1, 2026 and every 2 years thereafter on the
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1 results and progress of students who were enrolled in
2 preschool educational programs, including an assessment of
3 which programs have been most successful in promoting
4 academic excellence and alleviating academic failure. On
5 and after July 1, 2026, the Department of Early Childhood
6 shall assess the academic progress of all students who
7 have been enrolled in preschool educational programs.
8 Beginning in Fiscal Year 2027, on or before November 1 of
9 each fiscal year in which the General Assembly provides
10 funding for new programs under paragraph (4) of this
11 Section, the Department of Early Childhood shall report to
12 the General Assembly on what percentage of new funding was
13 provided to programs serving primarily at-risk children,
14 what percentage of new funding was provided to programs
15 serving primarily children with a family income of less
16 than 4 times the federal poverty level, and what
17 percentage of new funding was provided to other programs.
18 (7) Due to evidence that expulsion practices in the
19 preschool years are linked to poor child outcomes and are
20 employed inconsistently across racial and gender groups,
21 early childhood programs receiving State funds under this
22 subsection (a) shall prohibit expulsions. Planned
23 transitions to settings that are able to better meet a
24 child's needs are not considered expulsion under this
25 paragraph (7).
26 (A) When persistent and serious challenging
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1 behaviors emerge, the early childhood program shall
2 document steps taken to ensure that the child can
3 participate safely in the program; including
4 observations of initial and ongoing challenging
5 behaviors, strategies for remediation and intervention
6 plans to address the behaviors, and communication with
7 the parent or legal guardian, including participation
8 of the parent or legal guardian in planning and
9 decision-making.
10 (B) The early childhood program shall, with
11 parental or legal guardian consent as required, use a
12 range of community resources, if available and deemed
13 necessary, including, but not limited to,
14 developmental screenings, referrals to programs and
15 services administered by a local educational agency or
16 early intervention agency under Parts B and C of the
17 federal Individual with Disabilities Education Act,
18 and consultation with infant and early childhood
19 mental health consultants and the child's health care
20 provider. The program shall document attempts to
21 engage these resources, including parent or legal
22 guardian participation and consent attempted and
23 obtained. Communication with the parent or legal
24 guardian shall take place in a culturally and
25 linguistically competent manner.
26 (C) If there is documented evidence that all
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1 available interventions and supports recommended by a
2 qualified professional have been exhausted and the
3 program determines in its professional judgment that
4 transitioning a child to another program is necessary
5 for the well-being of the child or his or her peers and
6 staff, with parent or legal guardian permission, both
7 the current and pending programs shall create a
8 transition plan designed to ensure continuity of
9 services and the comprehensive development of the
10 child. Communication with families shall occur in a
11 culturally and linguistically competent manner.
12 (D) Nothing in this paragraph (7) shall preclude a
13 parent's or legal guardian's right to voluntarily
14 withdraw his or her child from an early childhood
15 program. Early childhood programs shall request and
16 keep on file, when received, a written statement from
17 the parent or legal guardian stating the reason for
18 his or her decision to withdraw his or her child.
19 (E) In the case of the determination of a serious
20 safety threat to a child or others or in the case of
21 behaviors listed in subsection (d) of Section 10-22.6
22 of the School Code, the temporary removal of a child
23 from attendance in group settings may be used.
24 Temporary removal of a child from attendance in a
25 group setting shall trigger the process detailed in
26 subparagraphs (A), (B), and (C) of this paragraph (7),
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1 with the child placed back in a group setting as
2 quickly as possible.
3 (F) Early childhood programs may use and the
4 Department of Early Childhood, State Board of
5 Education, the Department of Human Services, and the
6 Department of Children and Family Services shall
7 recommend training, technical support, and
8 professional development resources to improve the
9 ability of teachers, administrators, program
10 directors, and other staff to promote social-emotional
11 development and behavioral health, to address
12 challenging behaviors, and to understand trauma and
13 trauma-informed care, cultural competence, family
14 engagement with diverse populations, the impact of
15 implicit bias on adult behavior, and the use of
16 reflective practice techniques. Support shall include
17 the availability of resources to contract with infant
18 and early childhood mental health consultants.
19 (G) Through June 30, 2026, early childhood
20 programs shall annually report to the State Board of
21 Education, and, beginning in Fiscal Year 2020, the
22 State Board of Education shall make available on a
23 biennial basis, in an existing report, all of the
24 following data for children from birth to age 5 who are
25 served by the program:
26 (i) Total number served over the course of the
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1 program year and the total number of children who
2 left the program during the program year.
3 (ii) Number of planned transitions to another
4 program due to children's behavior, by children's
5 race, gender, disability, language, class/group
6 size, teacher-child ratio, and length of program
7 day.
8 (iii) Number of temporary removals of a child
9 from attendance in group settings due to a serious
10 safety threat under subparagraph (E) of this
11 paragraph (7), by children's race, gender,
12 disability, language, class/group size,
13 teacher-child ratio, and length of program day.
14 (iv) Hours of infant and early childhood
15 mental health consultant contact with program
16 leaders, staff, and families over the program
17 year.
18 (G-5) On and after July 1, 2026, early childhood
19 programs shall annually report to the Department of
20 Early Childhood, and beginning in Fiscal Year 2028,
21 the Department of Early Childhood shall make available
22 on a biennial basis, in a report, all of the following
23 data for children from birth to age 5 who are served by
24 the program:
25 (i) Total number served over the course of the
26 program year and the total number of children who
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1 left the program during the program year.
2 (ii) Number of planned transitions to another
3 program due to children's behavior, by children's
4 race, gender, disability, language, class/group
5 size, teacher-child ratio, and length of program
6 day.
7 (iii) Number of temporary removals of a child
8 from attendance in group settings due to a serious
9 safety threat under subparagraph (E) of this
10 paragraph (7), by children's race, gender,
11 disability, language, class/group size,
12 teacher-child ratio, and length of program day.
13 (iv) Hours of infant and early childhood
14 mental health consultant contact with program
15 leaders, staff, and families over the program
16 year.
17 (H) Changes to services for children with an
18 individualized education program or individual family
19 service plan shall be construed in a manner consistent
20 with the federal Individuals with Disabilities
21 Education Act.
22 The Department of Early Childhood, in consultation
23 with the Department of Children and Family Services, shall
24 adopt rules to administer this paragraph (7).
25 (8) Due to evidence that suspension practices in the
26 preschool years are linked to poor child outcomes and are
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1 employed inconsistently across racial and gender groups,
2 early childhood programs that receive State funds under
3 this subsection (a) shall restrict suspensions as provided
4 in this paragraph (8). Planned transitions to settings
5 that are able to better meet a child's needs are not a
6 considered suspension for purposes of this paragraph (8).
7 The decision to suspend a student in preschool for 4 or
8 more days may be made only by the superintendent of the
9 school district, the director of an early childhood
10 program, or and individual with comparable supervisory
11 authority, and the length of the suspension of a student
12 in preschool may not exceed the number of days required by
13 the school district or early childhood program to develop
14 and implement a behavior intervention plan or safety plan.
15 (b) Notwithstanding any other provisions of this Section,
16 grantees may serve children ages 0 to 12 of essential workers
17 if the Governor has declared a disaster due to a public health
18 emergency pursuant to Section 7 of the Illinois Emergency
19 Management Agency Act. The Department of Early Childhood may
20 adopt rules to administer this subsection.
21 (Source: P.A. 103-594, eff. 6-25-24.)
22 Section 95. No acceleration or delay. Where this Act makes
23 changes in a statute that is represented in this Act by text
24 that is not yet or no longer in effect (for example, a Section
25 represented by multiple versions), the use of that text does
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1 not accelerate or delay the taking effect of (i) the changes
2 made by this Act or (ii) provisions derived from any other
3 Public Act.
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