100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4567

 

Introduced , by Rep. Kathleen Willis

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/2-3.71  from Ch. 122, par. 2-3.71

    Amends the School Code. Makes a technical change in a Section concerning grants for preschool educational programs.


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A BILL FOR

 

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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Section
52-3.71 as follows:
 
6    (105 ILCS 5/2-3.71)  (from Ch. 122, par. 2-3.71)
7    Sec. 2-3.71. Grants for preschool educational programs.
8    (a) Preschool program.
9        (1) The The State Board of Education shall implement
10    and administer a grant program under the provisions of this
11    subsection which shall consist of grants to public school
12    districts and other eligible entities, as defined by the
13    State Board of Education, to conduct voluntary preschool
14    educational programs for children ages 3 to 5 which include
15    a parent education component. A public school district
16    which receives grants under this subsection may
17    subcontract with other entities that are eligible to
18    conduct a preschool educational program. These grants must
19    be used to supplement, not supplant, funds received from
20    any other source.
21        (2) (Blank).
22        (3) Any teacher of preschool children in the program
23    authorized by this subsection shall hold an early childhood

 

 

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1    teaching certificate.
2        (4) (Blank).
3        (4.5) The State Board of Education shall provide the
4    primary source of funding through appropriations for the
5    program. Such funds shall be distributed to achieve a goal
6    of "Preschool for All Children" for the benefit of all
7    children whose families choose to participate in the
8    program. Based on available appropriations, newly funded
9    programs shall be selected through a process giving first
10    priority to qualified programs serving primarily at-risk
11    children and second priority to qualified programs serving
12    primarily children with a family income of less than 4
13    times the poverty guidelines updated periodically in the
14    Federal Register by the U.S. Department of Health and Human
15    Services under the authority of 42 U.S.C. 9902(2). For
16    purposes of this paragraph (4.5), at-risk children are
17    those who because of their home and community environment
18    are subject to such language, cultural, economic and like
19    disadvantages to cause them to have been determined as a
20    result of screening procedures to be at risk of academic
21    failure. Such screening procedures shall be based on
22    criteria established by the State Board of Education.
23        Except as otherwise provided in this paragraph (4.5),
24    grantees under the program must enter into a memorandum of
25    understanding with the appropriate local Head Start
26    agency. This memorandum must be entered into no later than

 

 

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1    3 months after the award of a grantee's grant under the
2    program, except that, in the case of the 2009-2010 program
3    year, the memorandum must be entered into no later than the
4    deadline set by the State Board of Education for
5    applications to participate in the program in fiscal year
6    2011, and must address collaboration between the grantee's
7    program and the local Head Start agency on certain issues,
8    which shall include without limitation the following:
9            (A) educational activities, curricular objectives,
10        and instruction;
11            (B) public information dissemination and access to
12        programs for families contacting programs;
13            (C) service areas;
14            (D) selection priorities for eligible children to
15        be served by programs;
16            (E) maximizing the impact of federal and State
17        funding to benefit young children;
18            (F) staff training, including opportunities for
19        joint staff training;
20            (G) technical assistance;
21            (H) communication and parent outreach for smooth
22        transitions to kindergarten;
23            (I) provision and use of facilities,
24        transportation, and other program elements;
25            (J) facilitating each program's fulfillment of its
26        statutory and regulatory requirements;

 

 

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1            (K) improving local planning and collaboration;
2        and
3            (L) providing comprehensive services for the
4        neediest Illinois children and families.
5    If the appropriate local Head Start agency is unable or
6    unwilling to enter into a memorandum of understanding as
7    required under this paragraph (4.5), the memorandum of
8    understanding requirement shall not apply and the grantee
9    under the program must notify the State Board of Education
10    in writing of the Head Start agency's inability or
11    unwillingness. The State Board of Education shall compile
12    all such written notices and make them available to the
13    public.
14        (5) The State Board of Education shall develop and
15    provide evaluation tools, including tests, that school
16    districts and other eligible entities may use to evaluate
17    children for school readiness prior to age 5. The State
18    Board of Education shall require school districts and other
19    eligible entities to obtain consent from the parents or
20    guardians of children before any evaluations are
21    conducted. The State Board of Education shall encourage
22    local school districts and other eligible entities to
23    evaluate the population of preschool children in their
24    communities and provide preschool programs, pursuant to
25    this subsection, where appropriate.
26        (6) The State Board of Education shall report to the

 

 

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1    General Assembly by November 1, 2018 and every 2 years
2    thereafter on the results and progress of students who were
3    enrolled in preschool educational programs, including an
4    assessment of which programs have been most successful in
5    promoting academic excellence and alleviating academic
6    failure. The State Board of Education shall assess the
7    academic progress of all students who have been enrolled in
8    preschool educational programs.
9        On or before November 1 of each fiscal year in which
10    the General Assembly provides funding for new programs
11    under paragraph (4.5) of this Section, the State Board of
12    Education shall report to the General Assembly on what
13    percentage of new funding was provided to programs serving
14    primarily at-risk children, what percentage of new funding
15    was provided to programs serving primarily children with a
16    family income of less than 4 times the federal poverty
17    level, and what percentage of new funding was provided to
18    other programs.
19        (7) Due to evidence that expulsion practices in the
20    preschool years are linked to poor child outcomes and are
21    employed inconsistently across racial and gender groups,
22    early childhood programs receiving State funds under this
23    subsection (a) shall prohibit expulsions. Planned
24    transitions to settings that are able to better meet a
25    child's needs are not considered expulsion under this
26    paragraph (7).

 

 

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1            (A) When persistent and serious challenging
2        behaviors emerge, the early childhood program shall
3        document steps taken to ensure that the child can
4        participate safely in the program; including
5        observations of initial and ongoing challenging
6        behaviors, strategies for remediation and intervention
7        plans to address the behaviors, and communication with
8        the parent or legal guardian, including participation
9        of the parent or legal guardian in planning and
10        decision-making.
11            (B) The early childhood program shall, with
12        parental or legal guardian consent as required,
13        utilize a range of community resources, if available
14        and deemed necessary, including, but not limited to,
15        developmental screenings, referrals to programs and
16        services administered by a local educational agency or
17        early intervention agency under Parts B and C of the
18        federal Individual with Disabilities Education Act,
19        and consultation with infant and early childhood
20        mental health consultants and the child's health care
21        provider. The program shall document attempts to
22        engage these resources, including parent or legal
23        guardian participation and consent attempted and
24        obtained. Communication with the parent or legal
25        guardian shall take place in a culturally and
26        linguistically competent manner.

 

 

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1            (C) If there is documented evidence that all
2        available interventions and supports recommended by a
3        qualified professional have been exhausted and the
4        program determines in its professional judgment that
5        transitioning a child to another program is necessary
6        for the well-being of the child or his or her peers and
7        staff, with parent or legal guardian permission, both
8        the current and pending programs shall create a
9        transition plan designed to ensure continuity of
10        services and the comprehensive development of the
11        child. Communication with families shall occur in a
12        culturally and linguistically competent manner.
13            (D) Nothing in this paragraph (7) shall preclude a
14        parent's or legal guardian's right to voluntarily
15        withdraw his or her child from an early childhood
16        program. Early childhood programs shall request and
17        keep on file, when received, a written statement from
18        the parent or legal guardian stating the reason for his
19        or her decision to withdraw his or her child.
20            (E) In the case of the determination of a serious
21        safety threat to a child or others or in the case of
22        behaviors listed in subsection (d) of Section 10-22.6
23        of this Code, the temporary removal of a child from
24        attendance in group settings may be used. Temporary
25        removal of a child from attendance in a group setting
26        shall trigger the process detailed in subparagraphs

 

 

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1        (A), (B), and (C) of this paragraph (7), with the child
2        placed back in a group setting as quickly as possible.
3            (F) Early childhood programs may utilize and the
4        State Board of Education, the Department of Human
5        Services, and the Department of Children and Family
6        Services shall recommend training, technical support,
7        and professional development resources to improve the
8        ability of teachers, administrators, program
9        directors, and other staff to promote social-emotional
10        development and behavioral health, to address
11        challenging behaviors, and to understand trauma and
12        trauma-informed care, cultural competence, family
13        engagement with diverse populations, the impact of
14        implicit bias on adult behavior, and the use of
15        reflective practice techniques. Support shall include
16        the availability of resources to contract with infant
17        and early childhood mental health consultants.
18            (G) Beginning on July 1, 2018, early childhood
19        programs shall annually report to the State Board of
20        Education, and, beginning in fiscal year 2020, the
21        State Board of Education shall make available on a
22        biennial basis, in an existing report, all of the
23        following data for children from birth to age 5 who are
24        served by 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 State Board of Education, in consultation with the
23    Governor's Office of Early Childhood Development and the
24    Department of Children and Family Services, shall adopt
25    rules to administer this paragraph (7).
26    (b) (Blank).

 

 

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1(Source: P.A. 100-105, eff. 1-1-18.)