HB5451 EngrossedLRB103 39421 KTG 69604 b

1    AN ACT concerning the Department of Early Childhood.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4
ARTICLE 1. GENERAL PROVISIONS

 
5    Section 1-1. Short title. This Act may be cited as the
6Department of Early Childhood Act.
 
7    Section 1-5. Findings. The General Assembly finds that:
8    (1) There are over 875,000 children under the age of 5 in
9Illinois, nearly half of whom are under the age of 3. At birth,
10a baby's brain is 25 percent the size of an adult's brain. Yet,
11an infant's brain has roughly 86 billion neurons, almost all
12the neurons the human brain will ever have.
13    (2) From 3 to 15 months, neuron connections form at a rate
14of 40,000 per second. By age 3, synaptic connections have
15grown to 100 trillion. Ages 3 to 5 are critical years to build
16executive function skills like focusing attention, remembering
17instructions, and demonstrating self-control. Without these
18skills, children are not fully equipped to learn when they
19enter kindergarten. By age 5, 90% of brain development is
20complete.
21    (3) Prenatal programs improve the regular care of birthing
22parents, reduce the risk of infant low birth weight and

 

 

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1mortality, and increase regular child wellness visits,
2screenings, and immunizations.
3    (4) Early childhood education and care not only improve
4school readiness and literacy, but also improve cognitive
5development for future success in life, school, and the
6workforce.
7    (5) Research shows that for every dollar invested in
8high-quality early childhood education and care, society gains
9over $7 in economic returns in the long-term.
10    (6) Supporting children means supporting their parents and
11families. The early childhood education and care industry is
12the workforce behind all other workforces. High-quality child
13care enables parents and families to consistently work and
14earn an income to support their children. Research also shows
15that early childhood education and care programs can reduce
16parental stress and improve family well-being.
17    (7) Investing in early childhood education and care is in
18the interest of all residents and will make Illinois the best
19state in the nation to raise young children.
 
20    Section 1-10. Purpose. It is the purpose of this Act to
21provide for the creation of the Department of Early Childhood
22and to transfer to it certain rights, powers, duties, and
23functions currently exercised by various agencies of State
24Government. The Department of Early Childhood shall be the
25lead State agency for administering and providing early

 

 

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1childhood education and care programs and services to children
2and families. This Act centralizes home-visiting services,
3early intervention services, preschool services, child care
4services, licensing for day care centers, day care homes, and
5group day care homes, and other early childhood education and
6care programs and administrative functions historically
7managed by the Illinois State Board of Education, the Illinois
8Department of Human Services, and the Illinois Department of
9Children and Family Services. Centralizing early childhood
10functions into a single State agency is intended to simplify
11the process for parents and caregivers to identify and enroll
12children in early childhood services, to create new,
13equity-driven statewide systems, to streamline administrative
14functions for providers, and to improve kindergarten readiness
15for children.
 
16    Section 1-11. Rights; privileges; protections.
17Notwithstanding any provision of law to the contrary, any
18rights, privileges, or protections afforded to students in
19early childhood education and care programs, including
20undocumented students, under the School Code or any other
21provision of law shall not terminate upon the effective date
22of this Act.
 
23    Section 1-15. Definitions. As used in this Act, unless the
24context otherwise requires:

 

 

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1    "Department" means the Department of Early Childhood.
2    "Secretary" means the Secretary of Early Childhood.
3    "Transferring agency" means the Department of Human
4Services, Department of Children and Family Services, and the
5State Board of Education.
 
6    Section 1-20. Department; Secretary; organization.
7    (a) The Department of Early Childhood is created and shall
8begin operation on July 1, 2024.
9    (b) The head officer of the Department is the Secretary.
10The Secretary shall be appointed by the Governor, with the
11advice and consent of the Senate. The Department may employ or
12retain other persons to assist in the discharge of its
13functions, subject to the Personnel Code.
14    (c) The Governor may, with the advice and consent of the
15Senate, appoint an appropriate number of persons to serve as
16Assistant Secretaries to head the major programmatic divisions
17of the Department. Assistant Secretaries shall not be subject
18to the Personnel Code.
19    (d) The Secretary shall create divisions and
20administrative units within the Department and shall assign
21functions, powers, duties, and personnel as may now or in the
22future be required by State or federal law. The Secretary may
23create other divisions and administrative units and may assign
24other functions, powers, duties, and personnel as may be
25necessary or desirable to carry out the functions and

 

 

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1responsibilities vested by law in the Department.
 
2    Section 1-30. General powers and duties.
3    (a) The Department shall exercise the rights, powers,
4duties, and functions provided by law, including, but not
5limited to, the rights, powers, duties, and functions
6transferred to the Department.
7    (b) The Department may employ personnel (in accordance
8with the Personnel Code and any applicable collective
9bargaining agreements), provide facilities, contract for goods
10and services, and adopt rules as necessary to carry out its
11functions and purposes, all in accordance with applicable
12State and federal law.
13    The Department may establish such subdivisions of the
14Department as shall be desirable and assign to the various
15subdivisions the responsibilities and duties placed upon the
16Department by the Laws of the State of Illinois.
17    The Department shall adopt, as necessary, rules for the
18execution of its powers. The provisions of the Illinois
19Administrative Procedure Act are hereby expressly adopted and
20shall apply to all administrative rules and procedures of the
21Department under this Act, except that Section 5-35 of the
22Illinois Administrative Procedure Act relating to procedures
23for rulemaking does not apply to the adoption of any rule
24required by federal law in connection with which the
25Department is precluded by law from exercising any discretion.

 

 

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1    (c) Procurement; contracts necessary for the creation of
2the Department of Early Childhood and the implementation of
3the Department's mission are not subject to the Illinois
4Procurement Code provided that the process shall be conducted
5in a manner substantially in accordance with the requirements
6of the following Sections of the Illinois Procurement Code:
720-160, 50-5, 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20,
850-21, 50-35, 50-36, 50-37, 50-38, and 50-50. Contracts
9entered into by the Department of Early Childhood using this
10exemption shall not exceed 3 years in length and must expire no
11later than July 1, 2027. All contracts entered into after July
121, 2027, are subject to the Procurement Code and the
13requirements therein. Contracts entered into utilizing this
14exemption shall be posted to the agency website for one year
15after contract execution.
 
16
ARTICLE 10. POWERS AND DUTIES RELATING TO EARLY INTERVENTION
17
SERVICES

 
18    Section 10-5. Transition planning. Beginning July 1, 2024,
19the Department of Early Childhood and the Department of Human
20Services shall collaborate and plan for the transition of
21administrative responsibilities as prescribed in the Early
22Intervention Services System Act.
 
23    Section 10-10. Legislative findings and policy.

 

 

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1    (a) The General Assembly finds that there is an urgent and
2substantial need to:
3        (1) enhance the development of all eligible infants
4    and toddlers in the State of Illinois in order to minimize
5    developmental delay and maximize individual potential for
6    adult independence;
7        (2) enhance the capacity of families to meet the
8    special needs of eligible infants and toddlers including
9    the purchase of services when necessary;
10        (3) reduce educational costs by minimizing the need
11    for special education and related services when eligible
12    infants and toddlers reach school age;
13        (4) enhance the independence, productivity and
14    integration with age-appropriate peers of eligible
15    children and their families;
16        (5) reduce social services costs and minimize the need
17    for institutionalization; and
18        (6) prevent secondary impairments and disabilities by
19    improving the health of infants and toddlers, thereby
20    reducing health costs for the families and the State.
21        (b) The General Assembly therefore intends that the
22    policy of this State shall be to:
23        (1) affirm the importance of the family in all areas
24    of the child's development and reinforce the role of the
25    family as a participant in the decision-making processes
26    regarding their child;

 

 

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1        (2) provide assistance and support to eligible infants
2    and toddlers and their families to address the individual
3    concerns and decisions of each family;
4        (3) develop and implement, on a statewide basis,
5    locally based comprehensive, coordinated,
6    interdisciplinary, interagency early intervention
7    services for all eligible infants and toddlers;
8        (4) enhance the local communities' capacity to provide
9    an array of quality early intervention services;
10        (5) identify and coordinate all available resources
11    for early intervention within the State including those
12    from federal, State, local and private sources;
13        (6) provide financial and technical assistance to
14    local communities for the purposes of coordinating early
15    intervention services in local communities and enhancing
16    the communities' capacity to provide individualized early
17    intervention services to all eligible infants and toddlers
18    in their homes or in community environments; and
19        (7) affirm that eligible infants and toddlers have a
20    right to receive early intervention services to the
21    maximum extent appropriate, in natural environments in
22    which infants and toddlers without disabilities would
23    participate.
24    (c) The General Assembly further finds that early
25intervention services are cost-effective and effectively serve
26the developmental needs of eligible infants and toddlers and

 

 

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1their families. Therefore, the purpose of this Act is to
2provide a comprehensive, coordinated, interagency,
3interdisciplinary early intervention services system for
4eligible infants and toddlers and their families by enhancing
5the capacity to provide quality early intervention services,
6expanding and improving existing services, and facilitating
7coordination of payments for early intervention services from
8various public and private sources.
 
9    Section 10-15. Definitions. As used in this Act:
10    (a) "Eligible infants and toddlers" means infants and
11toddlers under 36 months of age with any of the following
12conditions:
13        (1) Developmental delays.
14        (2) A physical or mental condition which typically
15    results in developmental delay.
16        (3) Being at risk of having substantial developmental
17    delays based on informed clinical opinion.
18        (4) Either (A) having entered the program under any of
19    the circumstances listed in paragraphs (1) through (3) of
20    this subsection but no longer meeting the current
21    eligibility criteria under those paragraphs, and
22    continuing to have any measurable delay, or (B) not having
23    attained a level of development in each area, including
24    (i) cognitive, (ii) physical (including vision and
25    hearing), (iii) language, speech, and communication, (iv)

 

 

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1    social or emotional, or (v) adaptive, that is at least at
2    the mean of the child's age equivalent peers; and, in
3    addition to either item (A) or item (B), (C) having been
4    determined by the multidisciplinary individualized family
5    service plan team to require the continuation of early
6    intervention services in order to support continuing
7    developmental progress, pursuant to the child's needs and
8    provided in an appropriate developmental manner. The type,
9    frequency, and intensity of services shall differ from the
10    initial individualized family services plan because of the
11    child's developmental progress, and may consist of only
12    service coordination, evaluation, and assessments.
13    "Eligible infants and toddlers" includes any child under
14the age of 3 who is the subject of a substantiated case of
15child abuse or neglect as defined in the federal Child Abuse
16Prevention and Treatment Act.
17    (b) "Developmental delay" means a delay in one or more of
18the following areas of childhood development as measured by
19appropriate diagnostic instruments and standard procedures:
20cognitive; physical, including vision and hearing; language,
21speech and communication; social or emotional; or adaptive.
22The term means a delay of 30% or more below the mean in
23function in one or more of those areas.
24    (c) "Physical or mental condition which typically results
25in developmental delay" means:
26        (1) a diagnosed medical disorder or exposure to a

 

 

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1    toxic substance bearing a relatively well known expectancy
2    for developmental outcomes within varying ranges of
3    developmental disabilities; or
4        (2) a history of prenatal, perinatal, neonatal or
5    early developmental events suggestive of biological
6    insults to the developing central nervous system and which
7    either singly or collectively increase the probability of
8    developing a disability or delay based on a medical
9    history.
10    (d) "Informed clinical opinion" means both clinical
11observations and parental participation to determine
12eligibility by a consensus of a multidisciplinary team of 2 or
13more members based on their professional experience and
14expertise.
15    (e) "Early intervention services" means services which:
16        (1) are designed to meet the developmental needs of
17    each child eligible under this Act and the needs of his or
18    her family;
19        (2) are selected in collaboration with the child's
20    family;
21        (3) are provided under public supervision;
22        (4) are provided at no cost except where a schedule of
23    sliding scale fees or other system of payments by families
24    has been adopted in accordance with State and federal law;
25        (5) are designed to meet an infant's or toddler's
26    developmental needs in any of the following areas:

 

 

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1            (A) physical development, including vision and
2        hearing,
3            (B) cognitive development,
4            (C) communication development,
5            (D) social or emotional development, or
6            (E) adaptive development;
7        (6) meet the standards of the State, including the
8    requirements of this Act;
9        (7) include one or more of the following:
10            (A) family training,
11            (B) social work services, including counseling,
12        and home visits,
13            (C) special instruction,
14            (D) speech, language pathology and audiology,
15            (E) occupational therapy,
16            (F) physical therapy,
17            (G) psychological services,
18            (H) service coordination services,
19            (I) medical services only for diagnostic or
20        evaluation purposes,
21            (J) early identification, screening, and
22        assessment services,
23            (K) health services specified by the lead agency
24        as necessary to enable the infant or toddler to
25        benefit from the other early intervention services,
26            (L) vision services,

 

 

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1            (M) transportation,
2            (N) assistive technology devices and services,
3            (O) nursing services,
4            (P) nutrition services, and
5            (Q) sign language and cued language services;
6        (8) are provided by qualified personnel, including but
7    not limited to:
8            (A) child development specialists or special
9        educators, including teachers of children with hearing
10        impairments (including deafness) and teachers of
11        children with vision impairments (including
12        blindness),
13            (B) speech and language pathologists and
14        audiologists,
15            (C) occupational therapists,
16            (D) physical therapists,
17            (E) social workers,
18            (F) nurses,
19            (G) dietitian nutritionists,
20            (H) vision specialists, including ophthalmologists
21        and optometrists,
22            (I) psychologists, and
23            (J) physicians;
24        (9) are provided in conformity with an Individualized
25    Family Service Plan;
26        (10) are provided throughout the year; and

 

 

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1        (11) are provided in natural environments, to the
2    maximum extent appropriate, which may include the home and
3    community settings, unless justification is provided
4    consistent with federal regulations adopted under Sections
5    1431 through 1444 of Title 20 of the United States Code.
6    (f) "Individualized Family Service Plan" or "Plan" means a
7written plan for providing early intervention services to a
8child eligible under this Act and the child's family, as set
9forth in Section 10-65.
10    (g) "Local interagency agreement" means an agreement
11entered into by local community and State and regional
12agencies receiving early intervention funds directly from the
13State and made in accordance with State interagency agreements
14providing for the delivery of early intervention services
15within a local community area.
16    (h) "Council" means the Illinois Interagency Council on
17Early Intervention established under Section 10-30.
18    (i) "Lead agency" means the State agency responsible for
19administering this Act and receiving and disbursing public
20funds received in accordance with State and federal law and
21rules.
22    (i-5) "Central billing office" means the central billing
23office created by the lead agency under Section 10-75.
24    (j) "Child find" means a service which identifies eligible
25infants and toddlers.
26    (k) "Regional intake entity" means the lead agency's

 

 

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1designated entity responsible for implementation of the Early
2Intervention Services System within its designated geographic
3area.
4    (l) "Early intervention provider" means an individual who
5is qualified, as defined by the lead agency, to provide one or
6more types of early intervention services, and who has
7enrolled as a provider in the early intervention program.
8    (m) "Fully credentialed early intervention provider" means
9an individual who has met the standards in the State
10applicable to the relevant profession, and has met such other
11qualifications as the lead agency has determined are suitable
12for personnel providing early intervention services, including
13pediatric experience, education, and continuing education. The
14lead agency shall establish these qualifications by rule filed
15no later than 180 days after the effective date of this Act.
16    (n) "Telehealth" has the meaning given to that term in
17Section 5 of the Telehealth Act.
18    (o) "Department" means Department of Early Childhood
19unless otherwise specified.
 
20    Section 10-25. Services delivered by telehealth. An early
21intervention provider may deliver via telehealth any type of
22early intervention service outlined in subsection (e) of
23Section 10-15 to the extent of the early intervention
24provider's scope of practice as established in the provider's
25respective licensing Act consistent with the standards of care

 

 

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1for in-person services. This Section shall not be construed to
2alter the scope of practice of any early intervention provider
3or authorize the delivery of early intervention services in a
4setting or in a manner not otherwise authorized by the laws of
5this State.
 
6    Section 10-30. Illinois Interagency Council on Early
7Intervention.
8    (a) There is established the Illinois Interagency Council
9on Early Intervention. The Council shall be composed of at
10least 20 but not more than 30 members. The members of the
11Council and the designated chairperson of the Council shall be
12appointed by the Governor. The Council member representing the
13lead agency may not serve as chairperson of the Council. On and
14after July 1, 2026, the Council shall be composed of the
15following members:
16    (1) The Secretary of Early Childhood (or the Secretary's
17designee) and 2 additional representatives of the Department
18of Early Childhood designated by the Secretary, plus the
19Directors (or their designees) of the following State agencies
20involved in the provision of or payment for early intervention
21services to eligible infants and toddlers and their families:
22        (A) Department of Insurance; and
23        (B) Department of Healthcare and Family Services.
24    (2) Other members as follows:
25        (A) At least 20% of the members of the Council shall be

 

 

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1    parents, including minority parents, of infants or
2    toddlers with disabilities or children with disabilities
3    aged 12 or younger, with knowledge of, or experience with,
4    programs for infants and toddlers with disabilities. At
5    least one such member shall be a parent of an infant or
6    toddler with a disability or a child with a disability
7    aged 6 or younger;
8        (B) At least 20% of the members of the Council shall be
9    public or private providers of early intervention
10    services;
11        (C) One member shall be a representative of the
12    General Assembly;
13        (D) One member shall be involved in the preparation of
14    professional personnel to serve infants and toddlers
15    similar to those eligible for services under this Act;
16        (E) Two members shall be from advocacy organizations
17    with expertise in improving health, development, and
18    educational outcomes for infants and toddlers with
19    disabilities;
20        (F) One member shall be a Child and Family Connections
21    manager from a rural district;
22        (G) One member shall be a Child and Family Connections
23    manager from an urban district;
24        (H) One member shall be the co-chair of the Illinois
25    Early Learning Council (or their designee); and
26        (I) Members representing the following agencies or

 

 

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1    entities: the Department of Human Services; the State
2    Board of Education; the Department of Public Health; the
3    Department of Children and Family Services; the University
4    of Illinois Division of Specialized Care for Children; the
5    Illinois Council on Developmental Disabilities; Head Start
6    or Early Head Start; and the Department of Human Services'
7    Division of Mental Health. A member may represent one or
8    more of the listed agencies or entities.
9    The Council shall meet at least quarterly and in such
10places as it deems necessary. Terms of the initial members
11appointed under paragraph (2) shall be determined by lot at
12the first Council meeting as follows: of the persons appointed
13under subparagraphs (A) and (B), one-third shall serve
14one-year terms, one-third shall serve 2-year terms, and
15one-third shall serve 3-year terms; and of the persons
16appointed under subparagraphs (C) and (D), one shall serve a
172-year term and one shall serve a 3-year term. Thereafter,
18successors appointed under paragraph (2) shall serve 3-year
19terms. Once appointed, members shall continue to serve until
20their successors are appointed. No member shall be appointed
21to serve more than 2 consecutive terms.
22    Council members shall serve without compensation but shall
23be reimbursed for reasonable costs incurred in the performance
24of their duties, including costs related to child care, and
25parents may be paid a stipend in accordance with applicable
26requirements.

 

 

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1    The Council shall prepare and approve a budget using funds
2appropriated for the purpose to hire staff, and obtain the
3services of such professional, technical, and clerical
4personnel as may be necessary to carry out its functions under
5this Act. This funding support and staff shall be directed by
6the lead agency.
7    (b) The Council shall:
8        (1) advise and assist the lead agency in the
9    performance of its responsibilities including but not
10    limited to the identification of sources of fiscal and
11    other support services for early intervention programs,
12    and the promotion of interagency agreements which assign
13    financial responsibility to the appropriate agencies;
14        (2) advise and assist the lead agency in the
15    preparation of applications and amendments to
16    applications;
17        (3) review and advise on relevant rules and standards
18    proposed by the related State agencies;
19        (4) advise and assist the lead agency in the
20    development, implementation and evaluation of the
21    comprehensive early intervention services system;
22        (4.5) coordinate and collaborate with State
23    interagency early learning initiatives, as appropriate;
24    and
25        (5) prepare and submit an annual report to the
26    Governor and to the General Assembly on the status of

 

 

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1    early intervention programs for eligible infants and
2    toddlers and their families in Illinois. The annual report
3    shall include (i) the estimated number of eligible infants
4    and toddlers in this State, (ii) the number of eligible
5    infants and toddlers who have received services under this
6    Act and the cost of providing those services, and (iii)
7    the estimated cost of providing services under this Act to
8    all eligible infants and toddlers in this State. The
9    report shall be posted by the lead agency on the early
10    intervention website as required under paragraph (f) of
11    Section 10-35 of this Act.
12    No member of the Council shall cast a vote on or
13participate substantially in any matter which would provide a
14direct financial benefit to that member or otherwise give the
15appearance of a conflict of interest under State law. All
16provisions and reporting requirements of the Illinois
17Governmental Ethics Act shall apply to Council members.
 
18    Section 10-35. Lead agency. Through June 30, 2026, the
19Department of Human Services is designated the lead agency and
20shall provide leadership in establishing and implementing the
21coordinated, comprehensive, interagency and interdisciplinary
22system of early intervention services. On and after July 1,
232026, the Department of Early Childhood is designated the lead
24agency and shall provide leadership in establishing and
25implementing the coordinated, comprehensive, interagency and

 

 

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1interdisciplinary system of early intervention services. The
2lead agency shall not have the sole responsibility for
3providing these services. Each participating State agency
4shall continue to coordinate those early intervention services
5relating to health, social service and education provided
6under this authority.
7    The lead agency is responsible for carrying out the
8following:
9        (a) The general administration, supervision, and
10    monitoring of programs and activities receiving assistance
11    under Section 673 of the Individuals with Disabilities
12    Education Act (20 United States Code 1473).
13        (b) The identification and coordination of all
14    available resources within the State from federal, State,
15    local and private sources.
16        (c) The development of procedures to ensure that
17    services are provided to eligible infants and toddlers and
18    their families in a timely manner pending the resolution
19    of any disputes among public agencies or service
20    providers.
21        (d) The resolution of intra-agency and interagency
22    regulatory and procedural disputes.
23        (e) The development and implementation of formal
24    interagency agreements, and the entry into such
25    agreements, between the lead agency and (i) the Department
26    of Healthcare and Family Services, (ii) the University of

 

 

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1    Illinois Division of Specialized Care for Children, and
2    (iii) other relevant State agencies that:
3            (1) define the financial responsibility of each
4        agency for paying for early intervention services
5        (consistent with existing State and federal law and
6        rules, including the requirement that early
7        intervention funds be used as the payor of last
8        resort), a hierarchical order of payment as among the
9        agencies for early intervention services that are
10        covered under or may be paid by programs in other
11        agencies, and procedures for direct billing,
12        collecting reimbursements for payments made, and
13        resolving service and payment disputes; and
14            (2) include all additional components necessary to
15        ensure meaningful cooperation and coordination. By
16        January 31, 2027, interagency agreements under this
17        paragraph (e) must be reviewed and revised to
18        implement the purposes of this Act.
19        (f) The maintenance of an early intervention website.
20    The lead agency shall post and keep posted on this website
21    the following: (i) the current annual report required
22    under subdivision (b)(5) of Section 10-30 of this Act, and
23    the annual reports of the prior 3 years, (ii) the most
24    recent Illinois application for funds prepared under
25    Section 637 of the Individuals with Disabilities Education
26    Act filed with the United States Department of Education,

 

 

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1    (iii) proposed modifications of the application prepared
2    for public comment, (iv) notice of Council meetings,
3    Council agendas, and minutes of its proceedings for at
4    least the previous year, (v) proposed and final early
5    intervention rules, and (vi) all reports created for
6    dissemination to the public that are related to the early
7    intervention program, including reports prepared at the
8    request of the Council and the General Assembly. Each such
9    document shall be posted on the website within 3 working
10    days after the document's completion.
11        (g) Before adopting any new policy or procedure
12    (including any revisions to an existing policy or
13    procedure) needed to comply with Part C of the Individuals
14    with Disabilities Education Act, the lead agency must hold
15    public hearings on the new policy or procedure, provide
16    notice of the hearings at least 30 days before the
17    hearings are conducted to enable public participation, and
18    provide an opportunity for the general public, including
19    individuals with disabilities and parents of infants and
20    toddlers with disabilities, early intervention providers,
21    and members of the Council to comment for at least 30 days
22    on the new policy or procedure needed to comply with Part C
23    of the Individuals with Disabilities Education Act and
24    with 34 CFR Part 300 and Part 303.
 
25    Section 10-40. Local structure and interagency councils.

 

 

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1The lead agency, in conjunction with the Council and as
2defined by administrative rule, shall define local service
3areas and define the geographic boundaries of each so that all
4areas of the State are included in a local service area but no
5area of the State is included in more than one service area. In
6each local service area, the lead agency shall designate a
7regional entity responsible for the assessment of eligibility
8and services and a local interagency council responsible for
9coordination and design of child find and public awareness.
10The regional entity shall be responsible for staffing the
11local council, carrying out child find and public awareness
12activities, and providing advocacy for eligible families
13within the given geographic area. The regional entity is the
14prime contractor responsible to the lead agency for
15implementation of this Act.
16    The lead agency, in conjunction with the Council, shall
17create local interagency councils. Members of each local
18interagency council shall include, but not be limited to, the
19following: parents; representatives from coordination and
20advocacy service providers; local education agencies; other
21local public and private service providers; representatives
22from State agencies at the local level; and others deemed
23necessary by the local council.
24    Local interagency councils shall:
25        (a) assist in the development of collaborative
26    agreements between local service providers, diagnostic and

 

 

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1    other agencies providing additional services to the child
2    and family;
3        (b) assist in conducting local needs assessments and
4    planning efforts;
5        (c) identify and resolve local access issues;
6        (d) conduct collaborative child find activities;
7        (e) coordinate public awareness initiatives;
8        (f) coordinate local planning and evaluation;
9        (g) assist in the recruitment of specialty personnel;
10        (h) develop plans for facilitating transition and
11    integration of eligible children and families into the
12    community;
13        (i) facilitate conflict resolution at the local level;
14    and
15        (j) report annually to the Council.
 
16    Section 10-45. Essential components of the statewide
17service system. As required by federal laws and regulations, a
18statewide system of coordinated, comprehensive, interagency
19and interdisciplinary programs shall be established and
20maintained. The framework of the statewide system shall be
21based on the components set forth in this Section. This
22framework shall be used for planning, implementation,
23coordination and evaluation of the statewide system of locally
24based early intervention services.
25    The statewide system shall include, at a minimum:

 

 

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1        (a) a definition of the term "developmentally
2    delayed", in accordance with the definition in Section
3    10-15, that will be used in Illinois in carrying out
4    programs under this Act;
5        (b) timetables for ensuring that appropriate early
6    intervention services, based on scientifically based
7    research, to the extent practicable, will be available to
8    all eligible infants and toddlers in this State after the
9    effective date of this Act;
10        (c) a timely, comprehensive, multidisciplinary
11    evaluation of each potentially eligible infant and toddler
12    in this State, unless the child meets the definition of
13    eligibility based upon his or her medical and other
14    records; for a child determined eligible, a
15    multidisciplinary assessment of the unique strengths and
16    needs of that infant or toddler and the identification of
17    services appropriate to meet those needs and a
18    family-directed assessment of the resources, priorities,
19    and concerns of the family and the identification of
20    supports and services necessary to enhance the family's
21    capacity to meet the developmental needs of that infant or
22    toddler;
23        (d) for each eligible infant and toddler, an
24    Individualized Family Service Plan, including service
25    coordination (case management) services;
26        (e) a comprehensive child find system, consistent with

 

 

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1    Part B of the Individuals with Disabilities Education Act
2    (20 United States Code 1411 through 1420 and as set forth
3    in 34 CFR 300.115), which includes timelines and provides
4    for participation by primary referral sources;
5        (f) a public awareness program focusing on early
6    identification of eligible infants and toddlers;
7        (g) a central directory which includes public and
8    private early intervention services, resources, and
9    experts available in this State, professional and other
10    groups (including parent support groups and training and
11    information centers) that provide assistance to infants
12    and toddlers with disabilities who are eligible for early
13    intervention programs assisted under Part C of the
14    Individuals with Disabilities Education Act and their
15    families, and research and demonstration projects being
16    conducted in this State relating to infants and toddlers
17    with disabilities;
18        (h) a comprehensive system of personnel development;
19        (i) a policy pertaining to the contracting or making
20    of other arrangements with public and private service
21    providers to provide early intervention services in this
22    State, consistent with the provisions of this Act,
23    including the contents of the application used and the
24    conditions of the contract or other arrangements;
25        (j) a procedure for securing timely reimbursement of
26    funds;

 

 

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1        (k) procedural safeguards with respect to programs
2    under this Act;
3        (l) policies and procedures relating to the
4    establishment and maintenance of standards to ensure that
5    personnel necessary to carry out this Act are
6    appropriately and adequately prepared and trained;
7        (m) a system of evaluation of, and compliance with,
8    program standards;
9        (n) a system for compiling data on the numbers of
10    eligible infants and toddlers and their families in this
11    State in need of appropriate early intervention services;
12    the numbers served; the types of services provided; and
13    other information required by the State or federal
14    government; and
15        (o) a single line of responsibility in a lead agency
16    designated by the Governor to carry out its
17    responsibilities as required by this Act.
18    In addition to these required components, linkages may be
19established within a local community area among the prenatal
20initiatives affording services to high risk pregnant women.
21Additional linkages among at risk programs and local literacy
22programs may also be established.
23    On and after July 1, 2026, the Department of Early
24Childhood shall continue implementation of the 5-fiscal-year
25implementation plan that was created by the Department of
26Human Services with the concurrence of the Interagency Council

 

 

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1on Early Intervention. The plan shall list specific activities
2to be accomplished each year, with cost estimates for each
3activity. The lead agency shall, with the concurrence of the
4Interagency Council, submit to the Governor's Office a report
5on accomplishments of the previous year and a revised list of
6activities for the remainder of the 5-fiscal-year plan, with
7cost estimates for each. The Governor shall certify that
8specific activities in the plan for the previous year have
9been substantially completed before authorizing relevant State
10or local agencies to implement activities listed in the
11revised plan that depend substantially upon completion of one
12or more of the earlier activities.
 
13    Section 10-50. Authority to adopt rules. The lead agency
14shall adopt rules under this Act. These rules shall reflect
15the intent of federal regulations adopted under Part C of the
16Individuals with Disabilities Education Improvement Act of
172004 (Sections 1431 through 1444 of Title 20 of the United
18States Code).
 
19    Section 10-55. Role of other State entities. The
20Departments of Public Health, Early Childhood, Human Services,
21Children and Family Services, and Healthcare and Family
22Services; the University of Illinois Division of Specialized
23Care for Children; the State Board of Education; and any other
24State agency which directly or indirectly provides or

 

 

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1administers early intervention services shall adopt compatible
2rules for the provision of services to eligible infants and
3toddlers and their families by July 1, 2026.
4    These agencies shall enter into and maintain formal
5interagency agreements to enable the State and local agencies
6serving eligible children and their families to establish
7working relationships that will increase the efficiency and
8effectiveness of their early intervention services. The
9agreements shall outline the administrative, program and
10financial responsibilities of the relevant State agencies and
11shall implement a coordinated service delivery system through
12local interagency agreements.
13    There shall be an Early Childhood Intervention Ombudsman
14to assist families and local parties in ensuring that all
15State agencies serving eligible families do so in a
16comprehensive and collaborative manner.
 
17    Section 10-60. Standards. The Council and the lead agency,
18with assistance from parents and providers, shall develop and
19promulgate policies and procedures relating to the
20establishment and implementation of program and personnel
21standards to ensure that services provided are consistent with
22any State-approved or recognized certification, licensing,
23registration, or other comparable requirements which apply to
24the area of early intervention program service standards. Only
25State-approved public or private early intervention service

 

 

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1providers shall be eligible to receive State and federal
2funding for early intervention services. All early childhood
3intervention staff shall hold the highest entry requirement
4necessary for that position.
5    To be a State-approved early intervention service
6provider, an individual (i) shall not have served or
7completed, within the preceding 5 years, a sentence for
8conviction of any felony that the lead agency establishes by
9rule and (ii) shall not have been indicated as a perpetrator of
10child abuse or neglect, within the preceding 5 years, in an
11investigation by Illinois (pursuant to the Abused and
12Neglected Child Reporting Act) or another state. The Lead
13Agency is authorized to receive criminal background checks for
14such providers and persons applying to be such a provider and
15to receive child abuse and neglect reports regarding indicated
16perpetrators who are applying to provide or currently
17authorized to provide early intervention services in Illinois.
18Beginning January 1, 2004, every provider of State-approved
19early intervention services and every applicant to provide
20such services must authorize, in writing and in the form
21required by the lead agency, a State and FBI criminal
22background check, as requested by the Department, and check of
23child abuse and neglect reports regarding the provider or
24applicant as a condition of authorization to provide early
25intervention services. The lead agency shall use the results
26of the checks only to determine State approval of the early

 

 

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1intervention service provider and shall not re-release the
2information except as necessary to accomplish that purpose.
 
3    Section 10-65. Individualized Family Service Plans.
4    (a) Each eligible infant or toddler and that infant's or
5toddler's family shall receive:
6        (1) timely, comprehensive, multidisciplinary
7    assessment of the unique strengths and needs of each
8    eligible infant and toddler, and assessment of the
9    concerns and priorities of the families to appropriately
10    assist them in meeting their needs and identify supports
11    and services to meet those needs; and
12        (2) a written Individualized Family Service Plan
13    developed by a multidisciplinary team which includes the
14    parent or guardian. The individualized family service plan
15    shall be based on the multidisciplinary team's assessment
16    of the resources, priorities, and concerns of the family
17    and its identification of the supports and services
18    necessary to enhance the family's capacity to meet the
19    developmental needs of the infant or toddler, and shall
20    include the identification of services appropriate to meet
21    those needs, including the frequency, intensity, and
22    method of delivering services. During and as part of the
23    initial development of the individualized family services
24    plan, and any periodic reviews of the plan, the
25    multidisciplinary team may seek consultation from the lead

 

 

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1    agency's designated experts, if any, to help determine
2    appropriate services and the frequency and intensity of
3    those services. All services in the individualized family
4    services plan must be justified by the multidisciplinary
5    assessment of the unique strengths and needs of the infant
6    or toddler and must be appropriate to meet those needs. At
7    the periodic reviews, the team shall determine whether
8    modification or revision of the outcomes or services is
9    necessary.
10    (b) The Individualized Family Service Plan shall be
11evaluated once a year and the family shall be provided a review
12of the Plan at 6-month intervals or more often where
13appropriate based on infant or toddler and family needs. The
14lead agency shall create a quality review process regarding
15Individualized Family Service Plan development and changes
16thereto, to monitor and help ensure that resources are being
17used to provide appropriate early intervention services.
18    (c) The initial evaluation and initial assessment and
19initial Plan meeting must be held within 45 days after the
20initial contact with the early intervention services system.
21The 45-day timeline does not apply for any period when the
22child or parent is unavailable to complete the initial
23evaluation, the initial assessments of the child and family,
24or the initial Plan meeting, due to exceptional family
25circumstances that are documented in the child's early
26intervention records, or when the parent has not provided

 

 

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1consent for the initial evaluation or the initial assessment
2of the child despite documented, repeated attempts to obtain
3parental consent. As soon as exceptional family circumstances
4no longer exist or parental consent has been obtained, the
5initial evaluation, the initial assessment, and the initial
6Plan meeting must be completed as soon as possible. With
7parental consent, early intervention services may commence
8before the completion of the comprehensive assessment and
9development of the Plan. All early intervention services shall
10be initiated as soon as possible but not later than 30 calendar
11days after the consent of the parent or guardian has been
12obtained for the individualized family service plan, in
13accordance with rules adopted by the lead agency.
14    (d) Parents must be informed that early intervention
15services shall be provided to each eligible infant and
16toddler, to the maximum extent appropriate, in the natural
17environment, which may include the home or other community
18settings. Parents must also be informed of the availability of
19early intervention services provided through telehealth
20services. Parents shall make the final decision to accept or
21decline early intervention services, including whether
22accepted services are delivered in person or via telehealth
23services. A decision to decline such services shall not be a
24basis for administrative determination of parental fitness, or
25other findings or sanctions against the parents. Parameters of
26the Plan shall be set forth in rules.

 

 

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1    (e) The regional intake offices shall explain to each
2family, orally and in writing, all of the following:
3        (1) That the early intervention program will pay for
4    all early intervention services set forth in the
5    individualized family service plan that are not covered or
6    paid under the family's public or private insurance plan
7    or policy and not eligible for payment through any other
8    third party payor.
9        (2) That services will not be delayed due to any rules
10    or restrictions under the family's insurance plan or
11    policy.
12        (3) That the family may request, with appropriate
13    documentation supporting the request, a determination of
14    an exemption from private insurance use under Section
15    10-100.
16        (4) That responsibility for co-payments or
17    co-insurance under a family's private insurance plan or
18    policy will be transferred to the lead agency's central
19    billing office.
20        (5) That families will be responsible for payments of
21    family fees, which will be based on a sliding scale
22    according to the State's definition of ability to pay
23    which is comparing household size and income to the
24    sliding scale and considering out-of-pocket medical or
25    disaster expenses, and that these fees are payable to the
26    central billing office. Families who fail to provide

 

 

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1    income information shall be charged the maximum amount on
2    the sliding scale.
3    (f) The individualized family service plan must state
4whether the family has private insurance coverage and, if the
5family has such coverage, must have attached to it a copy of
6the family's insurance identification card or otherwise
7include all of the following information:
8        (1) The name, address, and telephone number of the
9    insurance carrier.
10        (2) The contract number and policy number of the
11    insurance plan.
12        (3) The name, address, and social security number of
13    the primary insured.
14        (4) The beginning date of the insurance benefit year.
15    (g) A copy of the individualized family service plan must
16be provided to each enrolled provider who is providing early
17intervention services to the child who is the subject of that
18plan.
19    (h) Children receiving services under this Act shall
20receive a smooth and effective transition by their third
21birthday consistent with federal regulations adopted pursuant
22to Sections 1431 through 1444 of Title 20 of the United States
23Code. Beginning January 1, 2022, children who receive early
24intervention services prior to their third birthday and are
25found eligible for an individualized education program under
26the Individuals with Disabilities Education Act, 20 U.S.C.

 

 

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11414(d)(1)(A), and under Section 14-8.02 of the School Code
2and whose birthday falls between May 1 and August 31 may
3continue to receive early intervention services until the
4beginning of the school year following their third birthday in
5order to minimize gaps in services, ensure better continuity
6of care, and align practices for the enrollment of preschool
7children with special needs to the enrollment practices of
8typically developing preschool children.
 
9    Section 10-70. Procedural safeguards. The lead agency
10shall adopt procedural safeguards that meet federal
11requirements and ensure effective implementation of the
12safeguards for families by each public agency involved in the
13provision of early intervention services under this Act.
14    The procedural safeguards shall provide, at a minimum, the
15following:
16    (a) The timely administrative resolution of State
17complaints, due process hearings, and mediations as defined by
18administrative rule.
19    (b) The right to confidentiality of personally
20identifiable information.
21    (c) The opportunity for parents and a guardian to examine
22and receive copies of records relating to evaluations and
23assessments, screening, eligibility determinations, and the
24development and implementation of the Individualized Family
25Service Plan provision of early intervention services,

 

 

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1individual complaints involving the child, or any part of the
2child's early intervention record.
3    (d) Procedures to protect the rights of the eligible
4infant or toddler whenever the parents or guardians of the
5child are not known or unavailable or the child is a youth in
6care as defined in Section 4d of the Children and Family
7Services Act, including the assignment of an individual (who
8shall not be an employee of the State agency or local agency
9providing services) to act as a surrogate for the parents or
10guardian. The regional intake entity must make reasonable
11efforts to ensure the assignment of a surrogate parent not
12more than 30 days after a public agency determines that the
13child needs a surrogate parent.
14    (e) Timely written prior notice to the parents or guardian
15of the eligible infant or toddler whenever the State agency or
16public or private service provider proposes to initiate or
17change or refuses to initiate or change the identification,
18evaluation, placement, or the provision of appropriate early
19intervention services to the eligible infant or toddler.
20    (f) Written prior notice to fully inform the parents or
21guardians, in their native language or mode of communication
22used by the parent, unless clearly not feasible to do so, in a
23comprehensible manner, of these procedural safeguards.
24    (g) During the pendency of any State complaint procedure,
25due process hearing, or mediation involving a complaint,
26unless the State agency and the parents or guardian otherwise

 

 

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1agree, the child shall continue to receive the appropriate
2early intervention services currently being provided, or in
3the case of an application for initial services, the child
4shall receive the services not in dispute.
 
5    Section 10-75. Funding and fiscal responsibility.
6    (a) The lead agency and every other participating State
7agency may receive and expend funds appropriated by the
8General Assembly to implement the early intervention services
9system as required by this Act.
10    (b) The lead agency and each participating State agency
11shall identify and report on an annual basis to the Council the
12State agency funds used for the provision of early
13intervention services to eligible infants and toddlers.
14    (c) Funds provided under Section 633 of the Individuals
15with Disabilities Education Act (20 United States Code 1433)
16and State funds designated or appropriated for early
17intervention services or programs may not be used to satisfy a
18financial commitment for services which would have been paid
19for from another public or private source but for the
20enactment of this Act, except whenever considered necessary to
21prevent delay in receiving appropriate early intervention
22services by the eligible infant or toddler or family in a
23timely manner. "Public or private source" includes public and
24private insurance coverage.
25    Funds provided under Section 633 of the Individuals with

 

 

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1Disabilities Education Act and State funds designated or
2appropriated for early intervention services or programs may
3be used by the lead agency to pay the provider of services (A)
4pending reimbursement from the appropriate State agency or (B)
5if (i) the claim for payment is denied in whole or in part by a
6public or private source, or would be denied under the written
7terms of the public program or plan or private plan, or (ii)
8use of private insurance for the service has been exempted
9under Section 10-100. Payment under item (B)(i) may be made
10based on a pre-determination telephone inquiry supported by
11written documentation of the denial supplied thereafter by the
12insurance carrier.
13    (d) Nothing in this Act shall be construed to permit the
14State to reduce medical or other assistance available or to
15alter eligibility under Title V and Title XIX of the Social
16Security Act relating to the Maternal Child Health Program and
17Medicaid for eligible infants and toddlers in this State.
18    (e) The lead agency shall create a central billing office
19to receive and dispense all relevant State and federal
20resources, as well as local government or independent
21resources available, for early intervention services. This
22office shall assure that maximum federal resources are
23utilized and that providers receive funds with minimal
24duplications or interagency reporting and with consolidated
25audit procedures.
26    (f) The lead agency shall, by rule, create a system of

 

 

HB5451 Engrossed- 41 -LRB103 39421 KTG 69604 b

1payments by families, including a schedule of fees. No fees,
2however, may be charged for implementing child find,
3evaluation and assessment, service coordination,
4administrative and coordination activities related to the
5development, review, and evaluation of Individualized Family
6Service Plans, or the implementation of procedural safeguards
7and other administrative components of the statewide early
8intervention system.
9    The system of payments, called family fees, shall be
10structured on a sliding scale based on the family's ability to
11pay. The family's coverage or lack of coverage under a public
12or private insurance plan or policy shall not be a factor in
13determining the amount of the family fees.
14    Each family's fee obligation shall be established
15annually, and shall be paid by families to the central billing
16office in installments. At the written request of the family,
17the fee obligation shall be adjusted prospectively at any
18point during the year upon proof of a change in family income
19or family size. The inability of the parents of an eligible
20child to pay family fees due to catastrophic circumstances or
21extraordinary expenses shall not result in the denial of
22services to the child or the child's family. A family must
23document its extraordinary expenses or other catastrophic
24circumstances by showing one of the following: (i)
25out-of-pocket medical expenses in excess of 15% of gross
26income; (ii) a fire, flood, or other disaster causing a direct

 

 

HB5451 Engrossed- 42 -LRB103 39421 KTG 69604 b

1out-of-pocket loss in excess of 15% of gross income; or (iii)
2other catastrophic circumstances causing out-of-pocket losses
3in excess of 15% of gross income. The family must present proof
4of loss to its service coordinator, who shall document it, and
5the lead agency shall determine whether the fees shall be
6reduced, forgiven, or suspended within 10 business days after
7the family's request.
8    (g) To ensure that early intervention funds are used as
9the payor of last resort for early intervention services, the
10lead agency shall determine at the point of early intervention
11intake, and again at any periodic review of eligibility
12thereafter or upon a change in family circumstances, whether
13the family is eligible for or enrolled in any program for which
14payment is made directly or through public or private
15insurance for any or all of the early intervention services
16made available under this Act. The lead agency shall establish
17procedures to ensure that payments are made either directly
18from these public and private sources instead of from State or
19federal early intervention funds, or as reimbursement for
20payments previously made from State or federal early
21intervention funds.
 
22    Section 10-80. Other programs.
23    (a) When an application or a review of eligibility for
24early intervention services is made, and at any eligibility
25redetermination thereafter, the family shall be asked if it is

 

 

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1currently enrolled in any federally funded, Department of
2Healthcare and Family Services administered, medical programs,
3or the Title V program administered by the University of
4Illinois Division of Specialized Care for Children. If the
5family is enrolled in any of these programs, that information
6shall be put on the individualized family service plan and
7entered into the computerized case management system, and
8shall require that the individualized family services plan of
9a child who has been found eligible for services through the
10Division of Specialized Care for Children state that the child
11is enrolled in that program. For those programs in which the
12family is not enrolled, a preliminary eligibility screen shall
13be conducted simultaneously for (i) medical assistance
14(Medicaid) under Article V of the Illinois Public Aid Code,
15(ii) children's health insurance program (any federally
16funded, Department of Healthcare and Family Services
17administered, medical programs) benefits under the Children's
18Health Insurance Program Act, and (iii) Title V maternal and
19child health services provided through the Division of
20Specialized Care for Children of the University of Illinois.
21    (b) For purposes of determining family fees under
22subsection (f) of Section 10-75 and determining eligibility
23for the other programs and services specified in items (i)
24through (iii) of subsection (a), the lead agency shall develop
25and use, with the cooperation of the Department of Healthcare
26and Family Services and the Division of Specialized Care for

 

 

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1Children of the University of Illinois, a screening device
2that provides sufficient information for the early
3intervention regional intake entities or other agencies to
4establish eligibility for those other programs and shall, in
5cooperation with the Illinois Department of Healthcare and
6Family Services and the Division of Specialized Care for
7Children, train the regional intake entities on using the
8screening device.
9    (c) When a child is determined eligible for and enrolled
10in the early intervention program and has been found to at
11least meet the threshold income eligibility requirements for
12any federally funded, Department of Healthcare and Family
13Services administered, medical programs, the regional intake
14entity shall complete an application for any federally funded,
15Department of Healthcare and Family Services administered,
16medical programs with the family and forward it to the
17Department of Healthcare and Family Services for a
18determination of eligibility. A parent shall not be required
19to enroll in any federally funded, Department of Healthcare
20and Family Services administered, medical programs as a
21condition of receiving services provided pursuant to Part C of
22the Individuals with Disabilities Education Act.
23    (d) With the cooperation of the Department of Healthcare
24and Family Services, the lead agency shall establish
25procedures that ensure the timely and maximum allowable
26recovery of payments for all early intervention services and

 

 

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1allowable administrative costs under Article V of the Illinois
2Public Aid Code and the Children's Health Insurance Program
3Act and shall include those procedures in the interagency
4agreement required under subsection (e) of Section 10-35 of
5Article 10 of this Act.
6    (e) For purposes of making referrals for final
7determinations of eligibility for any federally funded,
8Department of Healthcare and Family Services administered,
9medical programs benefits under the Children's Health
10Insurance Program Act and for medical assistance under Article
11V of the Illinois Public Aid Code, the lead agency shall
12require each early intervention regional intake entity to
13enroll as an application agent in order for the entity to
14complete any federally funded, Department of Healthcare and
15Family Services administered, medical programs application as
16authorized under Section 22 of the Children's Health Insurance
17Program Act.
18    (f) For purposes of early intervention services that may
19be provided by the Division of Specialized Care for Children
20of the University of Illinois (DSCC), the lead agency shall
21establish procedures whereby the early intervention regional
22intake entities may determine whether children enrolled in the
23early intervention program may also be eligible for those
24services, and shall develop, (i) the interagency agreement
25required under subsection (e) of Section 10-35 of this Act,
26establishing that early intervention funds are to be used as

 

 

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1the payor of last resort when services required under an
2individualized family services plan may be provided to an
3eligible child through the DSCC, and (ii) training guidelines
4for the regional intake entities and providers that explain
5eligibility and billing procedures for services through DSCC.
6    (g) The lead agency shall require that an individual
7applying for or renewing enrollment as a provider of services
8in the early intervention program state whether or not he or
9she is also enrolled as a DSCC provider. This information
10shall be noted next to the name of the provider on the
11computerized roster of Illinois early intervention providers,
12and regional intake entities shall make every effort to refer
13families eligible for DSCC services to these providers.
 
14    Section 10-85. Private health insurance; assignment. The
15lead agency shall determine, at the point of new applications
16for early intervention services, and for all children enrolled
17in the early intervention program, at the regional intake
18offices, whether the child is insured under a private health
19insurance plan or policy.
 
20    Section 10-90. Billing of insurance carrier.
21    (a) Subject to the restrictions against private insurance
22use on the basis of material risk of loss of coverage, as
23determined under Section 10-100, each enrolled provider who is
24providing a family with early intervention services shall bill

 

 

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1the child's insurance carrier for each unit of early
2intervention service for which coverage may be available. The
3lead agency may exempt from the requirement of this paragraph
4any early intervention service that it has deemed not to be
5covered by insurance plans. When the service is not exempted,
6providers who receive a denial of payment on the basis that the
7service is not covered under any circumstance under the plan
8are not required to bill that carrier for that service again
9until the following insurance benefit year. That explanation
10of benefits denying the claim, once submitted to the central
11billing office, shall be sufficient to meet the requirements
12of this paragraph as to subsequent services billed under the
13same billing code provided to that child during that insurance
14benefit year. Any time limit on a provider's filing of a claim
15for payment with the central billing office that is imposed
16through a policy, procedure, or rule of the lead agency shall
17be suspended until the provider receives an explanation of
18benefits or other final determination of the claim it files
19with the child's insurance carrier.
20    (b) In all instances when an insurance carrier has been
21billed for early intervention services, whether paid in full,
22paid in part, or denied by the carrier, the provider must
23provide the central billing office, within 90 days after
24receipt, with a copy of the explanation of benefits form and
25other information in the manner prescribed by the lead agency.
26    (c) When the insurance carrier has denied the claim or

 

 

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1paid an amount for the early intervention service billed that
2is less than the current State rate for early intervention
3services, the provider shall submit the explanation of
4benefits with a claim for payment, and the lead agency shall
5pay the provider the difference between the sum actually paid
6by the insurance carrier for each unit of service provided
7under the individualized family service plan and the current
8State rate for early intervention services. The State shall
9also pay the family's co-payment or co-insurance under its
10plan, but only to the extent that those payments plus the
11balance of the claim do not exceed the current State rate for
12early intervention services. The provider may under no
13circumstances bill the family for the difference between its
14charge for services and that which has been paid by the
15insurance carrier or by the State.
 
16    Section 10-95. Families with insurance coverage.
17    (a) Families of children with insurance coverage, whether
18public or private, shall incur no greater or less direct
19out-of-pocket expenses for early intervention services than
20families who are not insured.
21    (b) Managed care plans.
22        (1) Use of managed care network providers. When a
23    family's insurance coverage is through a managed care
24    arrangement with a network of providers that includes one
25    or more types of early intervention specialists who

 

 

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1    provide the services set forth in the family's
2    individualized family service plan, the regional intake
3    entity shall require the family to use those network
4    providers, but only to the extent that:
5            (A) the network provider is immediately available
6        to receive the referral and to begin providing
7        services to the child;
8            (B) the network provider is enrolled as a provider
9        in the Illinois early intervention system and fully
10        credentialed under the current policy or rule of the
11        lead agency;
12            (C) the network provider can provide the services
13        to the child in the manner required in the
14        individualized service plan;
15            (D) the family would not have to travel more than
16        an additional 15 miles or an additional 30 minutes to
17        the network provider than it would have to travel to a
18        non-network provider who is available to provide the
19        same service; and
20            (E) the family's managed care plan does not allow
21        for billing (even at a reduced rate or reduced
22        percentage of the claim) for early intervention
23        services provided by non-network providers.
24        (2) Transfers from non-network to network providers.
25    If a child has been receiving services from a non-network
26    provider and the regional intake entity determines, at the

 

 

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1    time of enrollment in the early intervention program or at
2    any point thereafter, that the family is enrolled in a
3    managed care plan, the regional intake entity shall
4    require the family to transfer to a network provider
5    within 45 days after that determination, but within no
6    more than 60 days after the effective date of this Act, if:
7            (A) all the requirements of subdivision (b)(1) of
8        this Section have been met; and
9            (B) the child is less than 26 months of age.
10        (3) Waivers. The lead agency may fully or partially
11    waive the network enrollment requirements of subdivision
12    (b)(1) of this Section and the transfer requirements of
13    subdivision (b)(2) of this Section as to a particular
14    region, or narrower geographic area, if it finds that the
15    managed care plans in that area are not allowing further
16    enrollment of early intervention providers and it finds
17    that referrals or transfers to network providers could
18    cause an overall shortage of early intervention providers
19    in that region of the State or could cause delays in
20    families securing the early intervention services set
21    forth in individualized family services plans.
22        (4) The lead agency, in conjunction with any entities
23    with which it may have contracted for the training and
24    credentialing of providers, the local interagency council
25    for early intervention, the regional intake entity, and
26    the enrolled providers in each region who wish to

 

 

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1    participate, shall cooperate in developing a matrix and
2    action plan that (A) identifies both (i) which early
3    intervention providers and which fully credentialed early
4    intervention providers are members of the managed care
5    plans that are used in the region by families with
6    children in the early intervention program, and (ii) which
7    early intervention services, with what restrictions, if
8    any, are covered under those plans, (B) identifies which
9    credentialed specialists are members of which managed care
10    plans in the region, and (C) identifies the various
11    managed care plans to early intervention providers,
12    encourages their enrollment in the area plans, and
13    provides them with information on how to enroll. These
14    matrices shall be complete no later than 7 months after
15    the effective date of this Act, and shall be provided to
16    the Early Intervention Legislative Advisory Committee at
17    that time. The lead agency shall work with networks that
18    may have closed enrollment to additional providers to
19    encourage their admission of early intervention providers,
20    and shall report to the Early Intervention Legislative
21    Advisory Committee on the initial results of these efforts
22    no later than February 1, 2002.
 
23    Section 10-100. Private insurance; exemption.
24    (a) The lead agency shall establish procedures for a
25family whose child is eligible to receive early intervention

 

 

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1services to apply for an exemption restricting the use of its
2private insurance plan or policy based on material risk of
3loss of coverage as authorized under subsection (c) of this
4Section.
5    (b) The lead agency shall make a final determination on a
6request for an exemption within 10 business days after its
7receipt of a written request for an exemption at the regional
8intake entity. During those 10 days, no claims may be filed
9against the insurance plan or policy. If the exemption is
10granted, it shall be noted on the individualized family
11service plan, and the family and the providers serving the
12family shall be notified in writing of the exemption.
13    (c) An exemption may be granted on the basis of material
14risk of loss of coverage only if the family submits
15documentation with its request for an exemption that
16establishes (i) that the insurance plan or policy covering the
17child is an individually purchased plan or policy and has been
18purchased by a head of a household that is not eligible for a
19group medical insurance plan, (ii) that the policy or plan has
20a lifetime cap that applies to one or more specific types of
21early intervention services specified in the family's
22individualized family service plan, and that coverage could be
23exhausted during the period covered by the individualized
24family service plan, or (iii) proof of another risk that the
25lead agency, in its discretion, may have additionally
26established and defined as a ground for exemption by rule.

 

 

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1    (d) An exemption under this Section based on material risk
2of loss of coverage may apply to all early intervention
3services and all plans or policies insuring the child, may be
4limited to one or more plans or policies, or may be limited to
5one or more types of early intervention services in the
6child's individualized family services plan.
 
7    Section 10-105. System of personnel development. The lead
8agency shall provide training to early intervention providers
9and may enter into contracts to meet this requirement in
10accordance with Section 1-30(c) of this Act. This training
11shall include, at minimum, the following types of instruction:
12    (a) Courses in birth-to-3 evaluation and treatment of
13children with developmental disabilities and delays (1) that
14are taught by fully credentialed early intervention providers
15or educators with substantial experience in evaluation and
16treatment of children from birth to age 3 with developmental
17disabilities and delays, (2) that cover these topics within
18each of the disciplines of audiology, occupational therapy,
19physical therapy, speech and language pathology, and
20developmental therapy, including the social-emotional domain
21of development, (3) that are held no less than twice per year,
22(4) that offer no fewer than 20 contact hours per year of
23course work, (5) that are held in no fewer than 5 separate
24locales throughout the State, and (6) that give enrollment
25priority to early intervention providers who do not meet the

 

 

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1experience, education, or continuing education requirements
2necessary to be fully credentialed early intervention
3providers; and
4    (b) Courses held no less than twice per year for no fewer
5than 4 hours each in no fewer than 5 separate locales
6throughout the State each on the following topics:
7        (1) Practice and procedures of private insurance
8    billing.
9        (2) The role of the regional intake entities; service
10    coordination; program eligibility determinations; family
11    fees; any federally funded, Department of Healthcare and
12    Family Services administered, medical programs, and
13    Division of Specialized Care applications, referrals, and
14    coordination with Early Intervention; and procedural
15    safeguards.
16        (3) Introduction to the early intervention program,
17    including provider enrollment and credentialing, overview
18    of Early Intervention program policies and rules, and
19    billing requirements.
20        (4) Evaluation and assessment of birth-to-3 children;
21    individualized family service plan development,
22    monitoring, and review; best practices; service
23    guidelines; and quality assurance.
 
24    Section 10-110. Contracting. In accordance with Section
251-30(c) of this Act, the lead agency may enter into contracts

 

 

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1for some or all of its responsibilities under this Act,
2including, but not limited to: credentialing and enrolling
3providers; training under Section 10-105; maintaining a
4central billing office; data collection and analysis;
5establishing and maintaining a computerized case management
6system accessible to local referral offices and providers;
7creating and maintaining a system for provider credentialing
8and enrollment; creating and maintaining the central directory
9required under subsection (g) of Section 10-45 of this Act;
10and program operations. Contracts with or grants to regional
11intake entities must be made subject to public bid under a
12request for proposals process no later than July 1, 2005.
 
13    Section 10-120. Early Intervention Services Revolving
14Fund. The Early Intervention Services Revolving Fund, created
15by Public Act 89-106, shall be held by the lead agency.
16    The Early Intervention Services Revolving Fund shall be
17used to the extent determined necessary by the lead agency to
18pay for early intervention services.
19    Local Accounts for such purposes may be established by the
20lead agency.
21    Expenditures from the Early Intervention Services
22Revolving Fund shall be made in accordance with applicable
23program provisions and shall be limited to those purposes and
24amounts specified under applicable program guidelines. Funding
25of the Fund shall be from family fees, insurance company

 

 

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1payments, federal financial participation received as
2reimbursement for expenditures from the Fund, and
3appropriations made to the State agencies involved in the
4payment for early intervention services under this Act.
5    Disbursements from the Early Intervention Services
6Revolving Fund shall be made as determined by the lead agency
7or its designee. Funds in the Early Intervention Services
8Revolving Fund or the local accounts created under this
9Section that are not immediately required for expenditure may
10be invested in certificates of deposit or other interest
11bearing accounts. Any interest earned shall be deposited in
12the Early Intervention Services Revolving Fund.
 
13
ARTICLE 15. POWERS AND DUTIES RELATING TO HOME-VISITING AND
14
PRESCHOOL SERVICES

 
15    Section 15-5. Transition of administrative
16responsibilities related to home-visiting services Beginning
17July 1, 2024, the Department of Early Childhood and the
18Department of Human Services shall collaborate and plan for
19the transition of administrative responsibilities related to
20home-visiting services as prescribed in Section 10-16 of the
21Department of Human Services Act.
 
22    Section 15-10. Home visiting program.
23    (a) The General Assembly finds that research-informed home

 

 

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1visiting programs work to strengthen families' functioning and
2support parents in caring for their children to ensure optimal
3child development.
4    (b) Through June 30, 2026, the Department of Human
5Services shall administer a home visiting program to support
6communities in providing intensive home visiting programs to
7pregnant persons and families with children from birth up to
8elementary school enrollment. Services shall be offered on a
9voluntary basis to families. In awarding grants under the
10program, the Department of Human Services shall prioritize
11populations or communities in need of such services, as
12determined by the Department of Human Services, based on data
13including, but not limited to, statewide home visiting needs
14assessments. Eligibility under the program shall also take
15into consideration requirements of the federal Maternal,
16Infant, and Early Childhood Home Visiting Program and Head
17Start and Early Head Start to ensure appropriate alignment.
18The overall goals for these services are to:
19        (1) improve maternal and newborn health;
20        (2) prevent child abuse and neglect;
21        (3) promote children's development and readiness to
22    participate in school; and
23        (4) connect families to needed community resources
24        and supports.
25    (b-5) On and after July 1, 2026, the Department of Early
26Childhood shall establish and administer a home visiting

 

 

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1program to support communities in providing intensive home
2visiting programs to pregnant persons and families with
3children from birth up to elementary school enrollment.
4    (c) Allowable uses of funding include:
5        (1) Grants to community-based organizations to
6    implement home visiting and family support services with
7    fidelity to research-informed home visiting program
8    models, as defined by the Department. Services may
9    include, but are not limited to:
10            (A) personal visits with a child and the child's
11        parent or caregiver at a periodicity aligned with the
12        model being implemented;
13            (B) opportunities for connections with other
14        parents and caregivers in their community and other
15        social and community supports;
16            (C) enhancements to research-informed home
17        visiting program models based on community needs
18        including doula services, and other program
19        innovations as approved by the Department; and
20            (D) referrals to other resources needed by
21        families.
22        (2) Infrastructure supports for grantees, including,
23    but not limited to, professional development for the
24    workforce, technical assistance and capacity-building,
25    data system and supports, infant and early childhood
26    mental health consultation, trauma-informed practices,

 

 

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1    research, universal newborn screening, and coordinated
2    intake.
3    (d) Subject to appropriation, the Department administering
4home-visiting programs subject to Section 15-10 (b) and
5Section 15-10(b-5) shall award grants to community-based
6agencies in accordance with this Section and any other rules
7that may be adopted by the Department. Successful grantees
8under this program shall comply with policies and procedures
9on program, data, and expense reporting as developed by the
10Department.
11    (e) Funds received under this Section shall supplement,
12not supplant, other existing or new federal, State, or local
13sources of funding for these services. Any new federal funding
14received shall supplement and not supplant funding for this
15program.
16    (f) The Department administering home-visiting programs
17subject to Section 15-10 (b) and Section 15-10(b-5) shall
18collaborate with relevant agencies to support the coordination
19and alignment of home visiting services provided through other
20State and federal funds, to the extent possible. The
21Department administering home-visiting programs subject to
22Section 15-10 (b) and Section 15-10(b-5) shall collaborate
23with the State Board of Education, the Department of
24Healthcare and Family Services, and Head Start and Early Head
25Start in the implementation of these services to support
26alignment with home visiting services provided through the

 

 

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1Early Childhood Block Grant and the State's Medical Assistance
2Program, respectively, to the extent possible.
3    (g) An advisory committee shall advise the Department
4administering home-visiting programs subject to Section
515-10(b) and Section 15-10(b-5) concerning the implementation
6of the home visiting program. The advisory committee shall
7make recommendations on policy and implementation. The
8Department shall determine whether the advisory committee
9shall be a newly created body or an existing body such as a
10committee of the Illinois Early Learning Council. The advisory
11committee shall consist of one or more representatives of the
12Department, other members representing public and private
13entities that serve and interact with the families served
14under the home visiting program, with the input of families
15engaged in home visiting or related services themselves.
16Family input may be secured by engaging families as members of
17this advisory committee or as a separate committee of family
18representatives.
19    (h) The Department of Early Childhood may adopt any rules
20necessary to implement this Section.
 
21    Section 15-15. Collaboration; planning. Beginning July 1,
222024, the Department of Early Childhood shall collaborate with
23the Illinois State Board of Education on administration of the
24early childhood home-visiting and preschool programs
25established in Sections 1C-2, 2-3.71, and 2-3.71a in the

 

 

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1School Code. The Department of Early Childhood and the
2Illinois State Board of Education shall plan for the transfer
3of administrative responsibilities that will occur on and
4after July 1, 2026.
 
5    Section 15-20. Programs concerning services to at-risk
6children and their families.
7    (a) On and after July 1, 2026, the Department of Early
8Childhood may provide grants to eligible entities, as defined
9by the Department, to establish programs which offer
10coordinated services to at-risk infants and toddlers and their
11families. Each program shall include a parent education
12program relating to the development and nurturing of infants
13and toddlers and case management services to coordinate
14existing services available in the region served by the
15program. These services shall be provided through the
16implementation of an individual family service plan. Each
17program will have a community involvement component to provide
18coordination in the service system.
19    (b) The Department shall administer the programs through
20the grants to public school districts and other eligible
21entities. These grants must be used to supplement, not
22supplant, funds received from any other source. School
23districts and other eligible entities receiving grants
24pursuant to this Section shall conduct voluntary, intensive,
25research-based, and comprehensive prevention services, as

 

 

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1defined by the Department, for expecting parents and families
2with children from birth to age 3 who are at-risk of academic
3failure. A public school district that receives a grant under
4this Section may subcontract with other eligible entities.
5    (c) The Department shall report to the General Assembly by
6July 1, 2028 and every 2 years thereafter, using the most
7current data available, on the status of programs funded under
8this Section, including without limitation characteristics of
9participants, services delivered, program models used, unmet
10needs, and results of the programs funded.
 
11    Section 15-25. Block grants.
12    (a) Through June 30, 2026, the State Board of Education
13shall award block grants to school districts and other
14entities pursuant to Section 1C-1 of the School Code.
15    (b) On and after July 1, 2026, the Department of Early
16Childhood shall award to school districts and other entities
17block grants as described in subsection (c). The Department of
18Early Childhood may adopt rules necessary to implement this
19Section. Block grants are subject to audit. Therefore, block
20grant receipts and block grant expenditures shall be recorded
21to the appropriate fund code.
22    (c) An Early Childhood Education Block Grant shall be
23created by combining the following programs: Preschool
24Education, Parental Training and Prevention Initiative. These
25funds shall be distributed to school districts and other

 

 

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1entities on a competitive basis, except that the Department of
2Early Childhood shall award to a school district having a
3population exceeding 500,000 inhabitants 37% of the funds in
4each fiscal year. Not less than 14% of the Early Childhood
5Education Block Grant allocation of funds shall be used to
6fund programs for children ages 0-3. Beginning in Fiscal Year
72016, at least 25% of any additional Early Childhood Education
8Block Grant funding over and above the previous fiscal year's
9allocation shall be used to fund programs for children ages
100-3. Once the percentage of Early Childhood Education Block
11Grant funding allocated to programs for children ages 0-3
12reaches 20% of the overall Early Childhood Education Block
13Grant allocation for a full fiscal year, thereafter in
14subsequent fiscal years the percentage of Early Childhood
15Education Block Grant funding allocated to programs for
16children ages 0-3 each fiscal year shall remain at least 20% of
17the overall Early Childhood Education Block Grant allocation.
18However, if, in a given fiscal year, the amount appropriated
19for the Early Childhood Education Block Grant is insufficient
20to increase the percentage of the grant to fund programs for
21children ages 0-3 without reducing the amount of the grant for
22existing providers of preschool education programs, then the
23percentage of the grant to fund programs for children ages 0-3
24may be held steady instead of increased.
25    (d) A school district in a city having a population
26exceeding 500,000 is not required to file any application or

 

 

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1other claim in order to receive the block grant to which it is
2entitled under this Section. The Department of Early Childhood
3shall make payments to the district of amounts due under the
4district's block grant on a schedule determined by the
5Department. A school district to which this Section applies
6shall report to the Department of Early Childhood on its use of
7the block grant in such form and detail as the Department may
8specify. In addition, the report must include the following
9description for the district, which must also be reported to
10the General Assembly: block grant allocation and expenditures
11by program; population and service levels by program; and
12administrative expenditures by program. The Department shall
13ensure that the reporting requirements for the district are
14the same as for all other school districts in this State.
15Beginning in Fiscal Year 2018, at least 25% of any additional
16Preschool Education, Parental Training, and Prevention
17Initiative program funding over and above the previous fiscal
18year's allocation shall be used to fund programs for children
19ages 0-3. Beginning in Fiscal Year 2018, funding for Preschool
20Education, Parental Training, and Prevention Initiative
21programs above the allocation for these programs in Fiscal
22Year 2017 must be used solely as a supplement for these
23programs and may not supplant funds received from other
24sources.
25    (e) Reports. School districts and other entities that
26receive an Early Childhood Education Block Grant shall report

 

 

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1to the Department of Early Childhood on its use of the block
2grant in such form and detail as the Department may specify. In
3addition, the report must include the following description
4for the district and other entities that receive an Early
5Childhood Block Grant, which must also be reported to the
6General Assembly: block grant allocation and expenditures by
7program; population and service levels by program; and
8administrative expenditures by program.
 
9    Section 15-30. Grants for preschool educational programs.
10    (a) Preschool program.
11        (1) Through June 30, 2026, The State Board of
12    Education shall implement and administer a grant program
13    to conduct voluntary preschool educational programs for
14    children ages 3 to 5, which include a parent education
15    component, pursuant to Section 2-3.71 of the School Code.
16        (2) On and after July 1, 2026, the Department of Early
17    Childhood shall implement and administer a grant program
18    for school districts and other eligible entities, as
19    defined by the Department, to conduct voluntary preschool
20    educational programs for children ages 3 to 5 which
21    include a parent education component. A public school
22    district which receives grants under this subsection may
23    subcontract with other entities that are eligible to
24    conduct a preschool educational program. These grants must
25    be used to supplement, not supplant, funds received from

 

 

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1    any other source.
2        (3) Except as otherwise provided under this subsection
3    (a), any teacher of preschool children in the program
4    authorized by this subsection shall hold a Professional
5    Educator License with an early childhood education
6    endorsement.
7        (3.5) Beginning with the 2018-2019 school year and
8    until the 2028-2029 school year, an individual may teach
9    preschool children in an early childhood program under
10    this Section if he or she holds a Professional Educator
11    License with an early childhood education endorsement or
12    with short-term approval for early childhood education or
13    he or she pursues a Professional Educator License and
14    holds any of the following:
15            (A) An ECE Credential Level of 5 awarded by the
16        Department of Human Services under the Gateways to
17        Opportunity Program developed under Section 10-70 of
18        the Department of Human Services Act.
19            (B) An Educator License with Stipulations with a
20        transitional bilingual educator endorsement and he or
21        she has (i) passed an early childhood education
22        content test or (ii) completed no less than 9 semester
23        hours of postsecondary coursework in the area of early
24        childhood education.
25        (4) Through June 30, 2026, the State Board of
26    Education shall provide the primary source of funding

 

 

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1    through appropriations for the program. On and after July
2    1, 2026, the Department of Early Childhood shall provide
3    the primary source of funding through appropriations for
4    the program. Such funds shall be distributed to achieve a
5    goal of "Preschool for All Children" for the benefit of
6    all children whose families choose to participate in the
7    program. Based on available appropriations, newly funded
8    programs shall be selected through a process giving first
9    priority to qualified programs serving primarily at-risk
10    children and second priority to qualified programs serving
11    primarily children with a family income of less than 4
12    times the poverty guidelines updated periodically in the
13    Federal Register by the U.S. Department of Health and
14    Human Services under the authority of 42 U.S.C. 9902(2).
15    For purposes of this paragraph (4), at-risk children are
16    those who because of their home and community environment
17    are subject to such language, cultural, economic and like
18    disadvantages to cause them to have been determined as a
19    result of screening procedures to be at risk of academic
20    failure. Through June 30, 2026, such screening procedures
21    shall be based on criteria established by the State Board
22    of Education. On and after July 1, 2026, such screening
23    procedures shall be based on criteria established by the
24    Department of Early Childhood. Except as otherwise
25    provided in this paragraph (4), grantees under the program
26    must enter into a memorandum of understanding with the

 

 

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

 

 

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1            (L) providing comprehensive services for the
2        neediest Illinois children and families. Through June
3        30, 2026, if the appropriate local Head Start agency
4        is unable or unwilling to enter into a memorandum of
5        understanding as required under this paragraph (4),
6        the memorandum of understanding requirement shall not
7        apply and the grantee under the program must notify
8        the State Board of Education in writing of the Head
9        Start agency's inability or unwillingness. Through
10        June 30, 2026, the State Board of Education shall
11        compile all such written notices and make them
12        available to the public. On and after July 1, 2026, if
13        the appropriate local Head Start agency is unable or
14        unwilling to enter into a memorandum of understanding
15        as required under this paragraph (4), the memorandum
16        of understanding requirement shall not apply and the
17        grantee under the program must notify the Department
18        of Early Childhood in writing of the Head Start
19        agency's inability or unwillingness. The Department of
20        Early Childhood shall compile all such written notices
21        and make them available to the public.
22        (5) Through June 30, 2026, the State Board of
23    Education shall develop and provide evaluation tools,
24    including tests, that school districts and other eligible
25    entities may use to evaluate children for school readiness
26    prior to age 5. The State Board of Education shall require

 

 

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1    school districts and other eligible entities to obtain
2    consent from the parents or guardians of children before
3    any evaluations are conducted. The State Board of
4    Education shall encourage local school districts and other
5    eligible entities to evaluate the population of preschool
6    children in their communities and provide preschool
7    programs, pursuant to this subsection, where appropriate.
8        (5.1) On and after July 1, 2026, the Department of
9    Early Childhood shall develop and provide evaluation
10    tools, including tests, that school districts and other
11    eligible entities may use to evaluate children for school
12    readiness prior to age 5. The Department of Early
13    Childhood shall require school districts and other
14    eligible entities to obtain consent from the parents or
15    guardians of children before any evaluations are
16    conducted. The Department of Early Childhood shall
17    encourage local school districts and other eligible
18    entities to evaluate the population of preschool children
19    in their communities and provide preschool programs,
20    pursuant to this subsection, where appropriate.
21        (6) Through June 30, 2026, the State Board of
22    Education shall report to the General Assembly by November
23    1, 2018 and every 2 years thereafter on the results and
24    progress of students who were enrolled in preschool
25    educational programs, including an assessment of which
26    programs have been most successful in promoting academic

 

 

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1    excellence and alleviating academic failure. Through June
2    30, 2026, the State Board of Education shall assess the
3    academic progress of all students who have been enrolled
4    in preschool educational programs. Through Fiscal Year
5    2026, on or before November 1 of each fiscal year in which
6    the General Assembly provides funding for new programs
7    under paragraph (4) of this Section, the State Board of
8    Education shall report to the General Assembly on what
9    percentage of new funding was provided to programs serving
10    primarily at-risk children, what percentage of new funding
11    was provided to programs serving primarily children with a
12    family income of less than 4 times the federal poverty
13    level, and what percentage of new funding was provided to
14    other programs.
15        (6.1) On and after July 1, 2026, the Department of
16    Early Childhood shall report to the General Assembly by
17    November 1, 2026 and every 2 years thereafter on the
18    results and progress of students who were enrolled in
19    preschool educational programs, including an assessment of
20    which programs have been most successful in promoting
21    academic excellence and alleviating academic failure. On
22    and after July 1, 2026, the Department of Early Childhood
23    shall assess the academic progress of all students who
24    have been enrolled in preschool educational programs.
25    Beginning in Fiscal Year 2027, on or before November 1 of
26    each fiscal year in which the General Assembly provides

 

 

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1    funding for new programs under paragraph (4) of this
2    Section, the Department of Early Childhood shall report to
3    the General Assembly on what percentage of new funding was
4    provided to programs serving primarily at-risk children,
5    what percentage of new funding was provided to programs
6    serving primarily children with a family income of less
7    than 4 times the federal poverty level, and what
8    percentage of new funding was provided to other programs.
9        (7) Due to evidence that expulsion practices in the
10    preschool years are linked to poor child outcomes and are
11    employed inconsistently across racial and gender groups,
12    early childhood programs receiving State funds under this
13    subsection (a) shall prohibit expulsions. Planned
14    transitions to settings that are able to better meet a
15    child's needs are not considered expulsion under this
16    paragraph (7).
17            (A) When persistent and serious challenging
18        behaviors emerge, the early childhood program shall
19        document steps taken to ensure that the child can
20        participate safely in the program; including
21        observations of initial and ongoing challenging
22        behaviors, strategies for remediation and intervention
23        plans to address the behaviors, and communication with
24        the parent or legal guardian, including participation
25        of the parent or legal guardian in planning and
26        decision-making.

 

 

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1            (B) The early childhood program shall, with
2        parental or legal guardian consent as required, use a
3        range of community resources, if available and deemed
4        necessary, including, but not limited to,
5        developmental screenings, referrals to programs and
6        services administered by a local educational agency or
7        early intervention agency under Parts B and C of the
8        federal Individual with Disabilities Education Act,
9        and consultation with infant and early childhood
10        mental health consultants and the child's health care
11        provider. The program shall document attempts to
12        engage these resources, including parent or legal
13        guardian participation and consent attempted and
14        obtained. Communication with the parent or legal
15        guardian shall take place in a culturally and
16        linguistically competent manner.
17            (C) If there is documented evidence that all
18        available interventions and supports recommended by a
19        qualified professional have been exhausted and the
20        program determines in its professional judgment that
21        transitioning a child to another program is necessary
22        for the well-being of the child or his or her peers and
23        staff, with parent or legal guardian permission, both
24        the current and pending programs shall create a
25        transition plan designed to ensure continuity of
26        services and the comprehensive development of the

 

 

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1        child. Communication with families shall occur in a
2        culturally and linguistically competent manner.
3            (D) Nothing in this paragraph (7) shall preclude a
4        parent's or legal guardian's right to voluntarily
5        withdraw his or her child from an early childhood
6        program. Early childhood programs shall request and
7        keep on file, when received, a written statement from
8        the parent or legal guardian stating the reason for
9        his or her decision to withdraw his or her child.
10            (E) In the case of the determination of a serious
11        safety threat to a child or others or in the case of
12        behaviors listed in subsection (d) of Section 10-22.6
13        of the School Code, the temporary removal of a child
14        from attendance in group settings may be used.
15        Temporary removal of a child from attendance in a
16        group setting shall trigger the process detailed in
17        subparagraphs (A), (B), and (C) of this paragraph (7),
18        with the child placed back in a group setting as
19        quickly as possible.
20            (F) Early childhood programs may use and the
21        Department of Early Childhood, State Board of
22        Education, the Department of Human Services, and the
23        Department of Children and Family Services shall
24        recommend training, technical support, and
25        professional development resources to improve the
26        ability of teachers, administrators, program

 

 

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1        directors, and other staff to promote social-emotional
2        development and behavioral health, to address
3        challenging behaviors, and to understand trauma and
4        trauma-informed care, cultural competence, family
5        engagement with diverse populations, the impact of
6        implicit bias on adult behavior, and the use of
7        reflective practice techniques. Support shall include
8        the availability of resources to contract with infant
9        and early childhood mental health consultants.
10            (G) Through June 30, 2026, early childhood
11        programs shall annually report to the State Board of
12        Education, and, beginning in Fiscal Year 2020, the
13        State Board of Education shall make available on a
14        biennial basis, in an existing report, all of the
15        following data for children from birth to age 5 who are
16        served by the program:
17                (i) Total number served over the course of the
18            program year and the total number of children who
19            left the program during the program year.
20                (ii) Number of planned transitions to another
21            program due to children's behavior, by children's
22            race, gender, disability, language, class/group
23            size, teacher-child ratio, and length of program
24            day.
25                (iii) Number of temporary removals of a child
26            from attendance in group settings due to a serious

 

 

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1            safety threat under subparagraph (E) of this
2            paragraph (7), by children's race, gender,
3            disability, language, class/group size,
4            teacher-child ratio, and length of program day.
5                (iv) Hours of infant and early childhood
6            mental health consultant contact with program
7            leaders, staff, and families over the program
8            year.
9            (G-5) On and after July 1, 2026, early childhood
10        programs shall annually report to the Department of
11        Early Childhood, and beginning in Fiscal Year 2028,
12        the Department of Early Childhood shall make available
13        on a biennial basis, in a report, all of the following
14        data for children from birth to age 5 who are served by
15        the program:
16                (i) Total number served over the course of the
17            program year and the total number of children who
18            left the program during the program year.
19                (ii) Number of planned transitions to another
20            program due to children's behavior, by children's
21            race, gender, disability, language, class/group
22            size, teacher-child ratio, and length of program
23            day.
24                (iii) Number of temporary removals of a child
25            from attendance in group settings due to a serious
26            safety threat under subparagraph (E) of this

 

 

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1            paragraph (7), by children's race, gender,
2            disability, language, class/group size,
3            teacher-child ratio, and length of program day.
4                (iv) Hours of infant and early childhood
5            mental health consultant contact with program
6            leaders, staff, and families over the program
7            year.
8            (H) Changes to services for children with an
9        individualized education program or individual family
10        service plan shall be construed in a manner consistent
11        with the federal Individuals with Disabilities
12        Education Act.
13        The Department of Early Childhood, in consultation
14    with the Department of Children and Family Services, shall
15    adopt rules to administer this paragraph (7).
16    (b) Notwithstanding any other provisions of this Section,
17grantees may serve children ages 0 to 12 of essential workers
18if the Governor has declared a disaster due to a public health
19emergency pursuant to Section 7 of the Illinois Emergency
20Management Agency Act. The Department of Early Childhood may
21adopt rules to administer this subsection.
 
22    Section 15-35. Chronic absenteeism in preschool children.
23    (a) In this Section, "chronic absence" means absences that
24total 10% or more of school days of the most recent academic
25school year, including absences with and without valid cause,

 

 

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1as defined in Section 26-2a of the School Code.
2    (b) The General Assembly makes all of the following
3findings:
4        (1) The early years are an extremely important period
5    in a child's learning and development.
6        (2) Missed learning opportunities in the early years
7    make it difficult for a child to enter kindergarten ready
8    for success.
9        (3) Attendance patterns in the early years serve as
10    predictors of chronic absenteeism and reduced educational
11    outcomes in later school years. Therefore, it is crucial
12    that the implications of chronic absence be understood and
13    reviewed regularly under the Preschool for All Program and
14    Preschool for All Expansion Program under Section 15-30 of
15    this Act.
16    (c) The Preschool for All Program and Preschool for All
17Expansion Program under Section 15-30 of this Act shall
18collect and review its chronic absence data and determine what
19support and resources are needed to positively engage
20chronically absent students and their families to encourage
21the habit of daily attendance and promote success.
22    (d) The Preschool for All Program and Preschool for All
23Expansion Program under Section 15-30 of this Act are
24encouraged to do all of the following:
25        (1) Provide support to students who are at risk of
26    reaching or exceeding chronic absence levels.

 

 

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1        (2) Make resources available to families, such as
2    those available through the State Board of Education's
3    Family Engagement Framework, to support and encourage
4    families to ensure their children's daily program
5    attendance.
6        (3) Include information about chronic absenteeism as
7    part of their preschool to kindergarten transition
8    resources.
9    (e) On or before July 1, 2020, and annually thereafter
10through June 30, 2026, the Preschool for All Program and
11Preschool for All Expansion Program shall report all data
12collected under subsection (c) of this Section to the State
13Board of Education, which shall make the report publicly
14available via the Illinois Early Childhood Asset Map Internet
15website and the Preschool for All Program or Preschool for All
16Expansion Program triennial report.
17    (e-5) On and after July 1, 2026, the Department of Early
18Childhood shall collect and review its chronic absence data
19and determine what support and resources are needed to
20positively engage chronically absent students and their
21families to encourage the habit of daily attendance and
22promote success. The Department shall report all data
23collected and make a report publicly available via the
24Illinois Early Childhood Asset Map Internet website and the
25Preschool for All Program or Preschool for All Expansion
26Program triennial report.
 

 

 

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1    Section 15-40. Restrictions on prekindergarten
2assessments.
3    (a) In this Section:
4    "Diagnostic and screening purposes" means for the purpose
5of determining if individual students need remedial
6instruction or to determine eligibility for special education,
7early intervention, bilingual education, dyslexia services, or
8other related educational services. Any assessment used to
9determine eligibility for special education or related
10services must be consistent with Section 614 of the federal
11Individuals with Disabilities Education Act. "Diagnostic and
12screening purposes" includes the identification and evaluation
13of students with disabilities. "Diagnostic and screening
14purposes" does not include any assessment in which student
15scores are used to rate or rank a classroom, program, teacher,
16school, school district, or jurisdiction.
17    "Standardized assessment" means an assessment that
18requires all student test takers to answer the same questions,
19or a selection of questions from a common bank of questions, in
20the same manner or substantially the same questions in the
21same manner. "Standardized assessment" does not include an
22observational assessment tool used to satisfy the requirements
23of Section 2-3.64a-10 of the School Code.
24    (b) Consistent with Section 2-3.64a-15 of the School Code,
25the Department of Early Childhood may not develop, purchase,

 

 

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1or require a school district to administer, develop, or
2purchase a standardized assessment for students enrolled or
3preparing to enroll in prekindergarten, other than for
4diagnostic and screening purposes.
5    (c) Consistent with Section 2-3.64a-15 of the School Code,
6the Department of Early Childhood may not provide funding for
7any standardized assessment of students enrolled or preparing
8to enroll in prekindergarten, other than for diagnostic and
9screening purposes.
10    (d) Nothing in this Section shall be construed to limit
11the ability of a classroom teacher or school district to
12develop, purchase, administer, or score an assessment for an
13individual classroom, grade level, or group of grade levels in
14any subject area in prekindergarten.
15    (e) Nothing in this Section limits procedures used by a
16school or school district for child find under 34 CFR
17300.111(c) or evaluation under 34 CFR 300.304.
18    (f) Nothing in this Section restricts the use of an annual
19assessment of English proficiency of all English learners to
20comply with Section 1111(b)(2)(G) of the federal Elementary
21and Secondary Education Act of 1965.
 
22    Section 15-45. Grants for early childhood parental
23training programs. On and after July 1, 2026, the Department
24of Early Childhood shall implement and administer a grant
25program consisting of grants to public school districts and

 

 

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1other eligible entities, as defined by the Department, to
2conduct early childhood parental training programs for the
3parents of children in the period of life from birth to
4kindergarten. A public school district that receives grants
5under this Section may contract with other eligible entities
6to conduct an early childhood parental training program. These
7grants must be used to supplement, not supplant, funds
8received from any other source. A school board or other
9eligible entity shall employ appropriately qualified personnel
10for its early childhood parental training program, including
11but not limited to certified teachers, counselors,
12psychiatrists, psychologists and social workers.
13    (a) As used in this Section, "parental training" means and
14includes instruction in the following:
15        (1) Child growth and development, including prenatal
16    development.
17        (2) Childbirth and child care.
18        (3) Family structure, function and management.
19        (4) Prenatal and postnatal care for mothers and
20    infants.
21        (5) Prevention of child abuse.
22        (6) The physical, mental, emotional, social, economic
23    and psychological aspects of interpersonal and family
24    relationships.
25        (7) Parenting skill development.
26    The programs shall include activities that require

 

 

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1substantial participation and interaction between parent and
2child.
3    (b) The Department shall annually award funds through a
4grant approval process established by the Department,
5providing that an annual appropriation is made for this
6purpose from State, federal or private funds. Nothing in this
7Section shall preclude school districts from applying for or
8accepting private funds to establish and implement programs.
9    (c) The Department shall assist those districts and other
10eligible entities offering early childhood parental training
11programs, upon request, in developing instructional materials,
12training teachers and staff, and establishing appropriate time
13allotments for each of the areas included in such instruction.
14    (d) School districts and other eligible entities may offer
15early childhood parental training courses during that period
16of the day which is not part of the regular school day.
17Residents of the community may enroll in such courses. The
18school board or other eligible entity may establish fees and
19collect such charges as may be necessary for attendance at
20such courses in an amount not to exceed the per capita cost of
21the operation thereof, except that the board or other eligible
22entity may waive all or part of such charges if it determines
23that the parent is indigent or that the educational needs of
24the parent require his or her attendance at such courses.
25    (e) Parents who participate in early childhood parental
26training programs under this Section may be eligible for

 

 

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1reasonable reimbursement of any incidental transportation and
2child care expenses from the school district receiving funds
3pursuant to this Section.
4    (f) Districts and other eligible entities receiving grants
5pursuant to this Section shall coordinate programs created
6under this Section with other preschool educational programs,
7including "at-risk" preschool programs, special and vocational
8education, and related services provided by other governmental
9agencies and not-for-profit agencies.
10    (g) Early childhood programs under this Section are
11subject to the requirements under paragraph (7) of subsection
12(a) of Section 15-30 of this Act.
 
13    Section 15-50. Early childhood construction grants.
14    (a) The Capital Development Board is authorized to make
15grants to public school districts and not-for-profit entities
16for early childhood construction projects, except that in
17Fiscal Year 2024 those grants may be made only to public school
18districts. These grants shall be paid out of moneys
19appropriated for that purpose from the School Construction
20Fund, the Build Illinois Bond Fund, or the Rebuild Illinois
21Projects Fund. No grants may be awarded to entities providing
22services within private residences. A public school district
23or other eligible entity must provide local matching funds in
24the following manner:
25        (1) A public school district assigned to Tier 1 under

 

 

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1    Section 18-8.15 of the School Code or any other eligible
2    entity in an area encompassed by that district must
3    provide local matching funds in an amount equal to 3% of
4    the grant awarded under this Section.
5        (2) A public school district assigned to Tier 2 under
6    Section 18-8.15 of the School Code or any other eligible
7    entity in an area encompassed by that district must
8    provide local matching funds in an amount equal to 7.5% of
9    the grant awarded under this Section.
10        (3) A public school district assigned to Tier 3 under
11    Section 18-8.15 of the School Code or any other eligible
12    entity in an area encompassed by that district must
13    provide local matching funds in an amount equal to 8.75%
14    of the grant awarded under this Section.
15        (4) A public school district assigned to Tier 4 under
16    Section 18-8.15 of the School Code or any other eligible
17    entity in an area encompassed by that district must
18    provide local matching funds in an amount equal to 10% of
19    the grant awarded under this Section.
20    A public school district or other eligible entity has no
21entitlement to a grant under this Section.
22    (b) The Capital Development Board shall adopt rules to
23implement this Section. These rules need not be the same as the
24rules for school construction project grants or school
25maintenance project grants. The rules may specify:
26        (1) the manner of applying for grants;

 

 

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1        (2) project eligibility requirements;
2        (3) restrictions on the use of grant moneys;
3        (4) the manner in which school districts and other
4    eligible entities must account for the use of grant
5    moneys;
6        (5) requirements that new or improved facilities be
7    used for early childhood and other related programs for a
8    period of at least 10 years; and
9        (6) any other provision that the Capital Development
10    Board determines to be necessary or useful for the
11    administration of this Section.
12    (b-5) When grants are made to non-profit corporations for
13the acquisition or construction of new facilities, the Capital
14Development Board or any State agency it so designates shall
15hold title to or place a lien on the facility for a period of
1610 years after the date of the grant award, after which title
17to the facility shall be transferred to the non-profit
18corporation or the lien shall be removed, provided that the
19non-profit corporation has complied with the terms of its
20grant agreement. When grants are made to non-profit
21corporations for the purpose of renovation or rehabilitation,
22if the non-profit corporation does not comply with item (5) of
23subsection (b) of this Section, the Capital Development Board
24or any State agency it so designates shall recover the grant
25pursuant to the procedures outlined in the Illinois Grant
26Funds Recovery Act.

 

 

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1    (c) On and after July 1, 2026, the Capital Development
2Board, in consultation with the Department of Early Childhood,
3shall establish standards for the determination of priority
4needs concerning early childhood projects based on projects
5located in communities in the State with the greatest
6underserved population of young children, utilizing Census
7data and other reliable local early childhood service data.
8    (d) In each school year in which early childhood
9construction project grants are awarded, 20% of the total
10amount awarded shall be awarded to a school district with a
11population of more than 500,000, provided that the school
12district complies with the requirements of this Section and
13the rules adopted under this Section.
 
14    Section 15-55. Infant/early childhood mental health
15consultations.
16    (a) Findings; policies.
17        (1) The General Assembly finds that social and
18    emotional development is a core, developmental domain in
19    young children and is codified in the Illinois Early
20    Learning Standards.
21        (2) Fostering social and emotional development in,
22    early childhood means both providing the supportive
23    settings and interactions to maximize healthy social and
24    emotional development for all children, as well as
25    providing communities, programs, and providers with

 

 

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1    systems of tiered supports with training to respond to
2    more significant social and emotional challenges or where
3    experiences of trauma may be more prevalent.
4        (3) Early care and education programs and providers,
5    across a range of settings, have an important role to play
6    in supporting young children and families, especially
7    those who face greater challenges, such as trauma
8    exposure, social isolation, pervasive poverty, and toxic
9    stress. If programs, teaching staff, caregivers, and
10    providers are not provided with the support, services, and
11    training needed to accomplish these goals, it can lead to
12    children and families being asked to leave programs,
13    particularly without connection to more appropriate
14    services, thereby creating a disruption in learning and
15    social-emotional development. Investments in reflective
16    supervision, professional development specific to
17    diversity, equity, and inclusion practice, culturally
18    responsive training, implicit bias training, and how
19    trauma experienced during the early years can manifest in
20    challenging behaviors will create systems for serving
21    children that are informed in developmentally appropriate
22    and responsive supports.
23        (4) Studies have shown that the expulsion of infants,
24    toddlers, and young children in early care and education
25    settings is occurring at alarmingly high rates, more than
26    3 times that of students in K-12; further, expulsion

 

 

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1    occurs more frequently for Black children and Latinx
2    children and more frequently for boys than for girls, with
3    Black boys being most frequently expelled; there is
4    evidence to show that the expulsion of Black girls is
5    occurring with increasing frequency.
6        (5) Illinois took its first steps toward addressing
7    this disparity through Public Act 100-105 to prohibit
8    expulsion due to child behavior in early care and
9    education settings, but further work is needed to
10    implement this law, including strengthening provider
11    understanding of a successful transition and beginning to
12    identify strategies to reduce "soft expulsions" and to
13    ensure more young children and their teachers, providers,
14    and caregivers, in a range of early care and education
15    settings, can benefit from services, such as Infant/Early
16    Childhood Mental Health Consultations (I/ECMHC) and
17    positive behavior interventions and supports such as the
18    Pyramid Model.
19        (6) I/ECMHC is a critical component needed to align
20    social-emotional well-being with the public health model
21    of promotion, prevention, and intervention across early
22    care and education systems.
23    (b) The General Assembly encourages that all of the
24following actions be taken by:
25        (1) the State to increase the availability of
26    Infant/Early Childhood Mental Health Consultations

 

 

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1    (I/ECMHC) through increased funding in early childhood
2    programs and sustainable funding for coordination of
3    I/ECMHC and other social and emotional support at the
4    State level;
5        (2) the Department of Early Childhood, the Department
6    of Human Services, the Illinois State Board of Education,
7    and other relevant agencies to develop and promote
8    provider-accessible and parent-accessible materials,
9    including native language, on the role and value of
10    I/ECMHC, including targeted promotion in underserved
11    communities, and promote the use of existing I/ECMHCs, the
12    I/ECMHC consultant database, or other existing services;
13        (3) the State to increase funding to promote and
14    provide training and implementation support for systems of
15    tiered support, such as the Pyramid Model, across early
16    childhood settings and urge the Department of Early
17    Childhood, the Department of Human Services, the Illinois
18    State Board of Education, and other relevant State
19    agencies to coordinate efforts and develop strategies to
20    provide outreach to and support providers in underserved
21    communities and communities with fewer programmatic
22    resources; and
23        (4) State agencies to provide the data required by
24    Public Act 100-105, even if the data is incomplete at the
25    time due to data system challenges.
 

 

 

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1
ARTICLE 20. POWERS AND DUTIES RELATING TO CHILD CARE AND DAY
2
CARE LICENSING

 
3    Section 20-5. Transition. Beginning July 1, 2024, the
4Department of Early Childhood and the Department of Human
5Services shall collaborate and plan for the transition of
6child care services for children established in Section 5.15
7of the Children and Family Services Act.
 
8    Section 20-10. Child care.
9    (a) The General Assembly recognizes that families with
10children need child care in order to work. Child care is
11expensive and families with limited access to economic
12resources, including those who are transitioning from welfare
13to work, often struggle to pay the costs of day care. The
14General Assembly understands the importance of helping working
15families with limited access to economic resources become and
16remain self-sufficient. The General Assembly also believes
17that it is the responsibility of families to share in the costs
18of child care. It is also the preference of the General
19Assembly that all working families with limited access to
20economic resources should be treated equally, regardless of
21their welfare status.
22    (b) On and after July 1, 2026, to the extent resources
23permit, the Illinois Department of Early Childhood shall
24provide child care services to parents or other relatives as

 

 

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1defined by rule who are working or participating in employment
2or Department approved education or training programs as
3prescribed in Section 9A-11 of the Illinois Public Aid Code.
4    (c) Smart Start Child Care Program. Through June 30, 2026,
5subject to appropriation, the Department of Human Services
6shall establish and administer the Smart Start Child Care
7Program. On and after July 1, 2026, the Department of Early
8Childhood shall administer the Smart Start Child Care Program.
9The Smart Start Child Care Program shall focus on creating
10affordable child care, as well as increasing access to child
11care, for Illinois residents and may include, but is not
12limited to, providing funding to increase preschool
13availability, providing funding for childcare workforce
14compensation or capital investments, and expanding funding for
15Early Childhood Access Consortium for Equity Scholarships. The
16Department with authority to administer the Smart Start Child
17Care Program shall establish program eligibility criteria,
18participation conditions, payment levels, and other program
19requirements by rule. The Department with authority to
20administer the Smart Start Child Care Program may consult with
21the Capital Development Board, the Department of Commerce and
22Economic Opportunity, the State Board of Education, and the
23Illinois Housing Development Authority, and other state
24agencies as determined by the Department in the management and
25disbursement of funds for capital-related projects. The
26Capital Development Board, the Department of Commerce and

 

 

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1Economic Opportunity, the State Board of Education, and the
2Illinois Housing Development Authority, and other state
3agencies as determined by the Department shall act in a
4consulting role only for the evaluation of applicants, scoring
5of applicants, or administration of the grant program.
 
6    Section 20-15. Day care services.
7    (a) For the purpose of ensuring effective statewide
8planning, development, and utilization of resources for the
9day care of children, operated under various auspices, the
10Department of Early Childhood is designated on and after July
111, 2026 to coordinate all day care activities for children of
12the State and shall develop or continue, and shall update
13every year, a State comprehensive day care plan for submission
14to the Governor that identifies high-priority areas and
15groups, relating them to available resources and identifying
16the most effective approaches to the use of existing day care
17services. The State comprehensive day care plan shall be made
18available to the General Assembly following the Governor's
19approval of the plan.
20    The plan shall include methods and procedures for the
21development of additional day care resources for children to
22meet the goal of reducing short-run and long-run dependency
23and to provide necessary enrichment and stimulation to the
24education of young children. Recommendations shall be made for
25State policy on optimum use of private and public, local,

 

 

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1State and federal resources, including an estimate of the
2resources needed for the licensing and regulation of day care
3facilities.
4    A written report shall be submitted to the Governor and
5the General Assembly annually on April 15. The report shall
6include an evaluation of developments over the preceding
7fiscal year, including cost-benefit analyses of various
8arrangements. Beginning with the report in 1990 submitted by
9the Department's predecessor agency and every 2 years
10thereafter, the report shall also include the following:
11        (1) An assessment of the child care services, needs
12    and available resources throughout the State and an
13    assessment of the adequacy of existing child care
14    services, including, but not limited to, services assisted
15    under this Act and under any other program administered by
16    other State agencies.
17        (2) A survey of day care facilities to determine the
18    number of qualified caregivers, as defined by rule,
19    attracted to vacant positions and any problems encountered
20    by facilities in attracting and retaining capable
21    caregivers. The report shall include an assessment, based
22    on the survey, of improvements in employee benefits that
23    may attract capable caregivers.
24        (3) The average wages and salaries and fringe benefit
25    packages paid to caregivers throughout the State, computed
26    on a regional basis, compared to similarly qualified

 

 

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1    employees in other but related fields.
2        (4) The qualifications of new caregivers hired at
3    licensed day care facilities during the previous 2-year
4    period.
5        (5) Recommendations for increasing caregiver wages and
6    salaries to ensure quality care for children.
7        (6) Evaluation of the fee structure and income
8    eligibility for child care subsidized by the State.
9    (b) The Department of Early Childhood shall establish
10policies and procedures for developing and implementing
11interagency agreements with other agencies of the State
12providing child care services or reimbursement for such
13services. The plans shall be annually reviewed and modified
14for the purpose of addressing issues of applicability and
15service system barriers.
16    (c) In cooperation with other State agencies, the
17Department of Early Childhood shall develop and implement, or
18shall continue, a resource and referral system for the State
19of Illinois either within the Department or by contract with
20local or regional agencies. Funding for implementation of this
21system may be provided through Department appropriations or
22other interagency funding arrangements. The resource and
23referral system shall provide at least the following services:
24        (1) Assembling and maintaining a database on the
25    supply of child care services.
26        (2) Providing information and referrals for parents.

 

 

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1        (3) Coordinating the development of new child care
2    resources.
3        (4) Providing technical assistance and training to
4    child care service providers.
5        (5) Recording and analyzing the demand for child care
6    services.
7    (d) The Department of Early Childhood shall conduct day
8care planning activities with the following priorities:
9        (1) Development of voluntary day care resources
10    wherever possible, with the provision for grants-in-aid
11    only where demonstrated to be useful and necessary as
12    incentives or supports. The Department shall design a plan
13    to create more child care slots as well as goals and
14    timetables to improve quality and accessibility of child
15    care.
16        (2) Emphasis on service to children of recipients of
17    public assistance when such service will allow training or
18    employment of the parent toward achieving the goal of
19    independence.
20        (3) Care of children from families in stress and
21    crises whose members potentially may become, or are in
22    danger of becoming, non-productive and dependent.
23        (4) Expansion of family day care facilities wherever
24    possible.
25        (5) Location of centers in economically depressed
26    neighborhoods, preferably in multi-service centers with

 

 

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1    cooperation of other agencies. The Department shall
2    coordinate the provision of grants, but only to the extent
3    funds are specifically appropriated for this purpose, to
4    encourage the creation and expansion of child care centers
5    in high need communities to be issued by the State,
6    business, and local governments.
7        (6) Use of existing facilities free of charge or for
8    reasonable rental whenever possible in lieu of
9    construction.
10        (7) Development of strategies for assuring a more
11    complete range of day care options, including provision of
12    day care services in homes, in schools, or in centers,
13    which will enable parents to complete a course of
14    education or obtain or maintain employment and the
15    creation of more child care options for swing shift,
16    evening, and weekend workers and for working women with
17    sick children. The Department shall encourage companies to
18    provide child care in their own offices or in the building
19    in which the corporation is located so that employees of
20    all the building's tenants can benefit from the facility.
21        (8) Development of strategies for subsidizing students
22    pursuing degrees in the child care field.
23        (9) Continuation and expansion of service programs
24    that assist teen parents to continue and complete their
25    education.
26    Emphasis shall be given to support services that will help

 

 

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1to ensure such parents' graduation from high school and to
2services for participants in any programs of job training
3conducted by the Department.
4    (e) The Department of Early Childhood shall actively
5stimulate the development of public and private resources at
6the local level. It shall also seek the fullest utilization of
7federal funds directly or indirectly available to the
8Department. Where appropriate, existing non-governmental
9agencies or associations shall be involved in planning by the
10Department.
 
11    Section 20-20. Day care facilities for the children of
12migrant workers. On and after July 1, 2026, the Department of
13Early Childhood shall operate day care facilities for the
14children of migrant workers in areas of the State where they
15are needed. The Department of Early Childhood may provide
16these day care services by contracting with private centers if
17practicable. "Migrant worker" means any person who moves
18seasonally from one place to another, within or without the
19State, for the purpose of employment in agricultural
20activities.
 
21    Section 20-25. Licensing day care facilities.
22    (a) Beginning July 1, 2024, the Department of Early
23Childhood and the Department of Children and Family Services
24shall collaborate and plan for the transition of

 

 

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1administrative responsibilities related to licensing day care
2centers, day care homes, and group day care homes as
3prescribed throughout the Child Care Act of 1969.
4    (b) Beginning July 1, 2026, the Department of Early
5Childhood shall manage all facets of licensing for day care
6centers, day care homes, and group day care homes as
7prescribed throughout the Child Care Act of 1969.
 
8    Section 20-30. Off-Hours Child Care Program.
9    (a) Legislative intent. The General Assembly finds that:
10        (1) Finding child care can be a challenge for
11    firefighters, paramedics, police officers, nurses, and
12    other third shift workers across the State who often work
13    non-typical work hours. This can impact home life, school,
14    bedtime routines, job safety, and the mental health of
15    some of our most critical front line workers and their
16    families.
17        (2) There is a need for increased options for
18    off-hours child care in the State.
19        (3) Illinois has a vested interest in ensuring that
20    our first responders and working families can provide
21    their children with appropriate care during off hours to
22    improve the morale of existing first responders and to
23    improve recruitment into the future.
24    (b) As used in this Section, "first responders" means
25emergency medical services personnel as defined in the

 

 

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1Emergency Medical Services (EMS) Systems Act, firefighters,
2law enforcement officers, and, as determined by the Department
3of Early Childhood on and after July 1, 2026, any other workers
4who, on account of their work schedule, need child care
5outside of the hours when licensed child care facilities
6typically operate.
7    (c) Beginning July 1, 2026, the Department of Early
8Childhood shall administer the Off-Hours Child Care Program to
9help first responders and other workers identify and access
10off-hours, night, or sleep time child care, subject to
11appropriation. Services funded under the program must address
12the child care needs of first responders. Funding provided
13under the program may also be used to cover any capital and
14operating expenses related to the provision of off-hours,
15night, or sleep time child care for first responders. Funding
16awarded under this Section shall be funded through
17appropriations from the Off-Hours Child Care Program Fund
18created under Public Act 102-912. The Department of Early
19Childhood may adopt any rules necessary to implement the
20program.
 
21    Section 20-35. Great START program.
22    (a) Through June 30, 2026, the Department of Human
23Services shall, subject to a specific appropriation for this
24purpose, operate a Great START (Strategy To Attract and Retain
25Teachers) program. The goal of the program is to improve

 

 

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1children's developmental and educational outcomes in child
2care by encouraging increased professional preparation by
3staff and staff retention. The Great START program shall
4coordinate with the TEACH professional development program.
5    The program shall provide wage supplements and may include
6other incentives to licensed child care center personnel,
7including early childhood teachers, school-age workers, early
8childhood assistants, school-age assistants, and directors, as
9such positions are defined by administrative rule of the
10Department of Children and Family Services. The program shall
11provide wage supplements and may include other incentives to
12licensed family day care home personnel and licensed group day
13care home personnel, including caregivers and assistants as
14such positions are defined by administrative rule of the
15Department of Children and Family Services. Individuals will
16receive supplements commensurate with their qualifications.
17    (b) On and after July 1, 2026, the Department of Early
18Childhood shall, subject to a specific appropriation for this
19purpose, operate a Great START program. The goal of the
20program is to improve children's developmental and educational
21outcomes in child care by encouraging increased professional
22preparation by staff and staff retention. The Great START
23program shall coordinate with the TEACH professional
24development program.
25    The program shall provide wage supplements and may include
26other incentives to licensed child care center personnel,

 

 

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1including early childhood teachers, school-age workers, early
2childhood assistants, school-age assistants, and directors, as
3such positions are defined by administrative rule by the
4Department pursuant to subsections (a) and this subsection.
5    (c) The Department, pursuant to subsections (a) and (b),
6shall, by rule, define the scope and operation of the program,
7including a wage supplement scale. The scale shall pay
8increasing amounts for higher levels of educational attainment
9beyond minimum qualifications and shall recognize longevity of
10employment. Subject to the availability of sufficient
11appropriation, the wage supplements shall be paid to child
12care personnel in the form of bonuses at 6-month intervals.
13Six months of continuous service with a single employer is
14required to be eligible to receive a wage supplement bonus.
15Wage supplements shall be paid directly to individual day care
16personnel, not to their employers. Eligible individuals must
17provide to the Department or its agent all information and
18documentation, including but not limited to college
19transcripts, to demonstrate their qualifications for a
20particular wage supplement level.
21    If appropriations permit, the Department may include
22one-time signing bonuses or other incentives to help providers
23attract staff, provided that the signing bonuses are less than
24the supplement staff would have received if they had remained
25employed with another day care center or family day care home.
26    If appropriations permit, the Department may include

 

 

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1one-time longevity bonuses or other incentives to recognize
2staff who have remained with a single employer.
 
3    Section 20-40. Programs to train low-income older persons
4to be child care workers. On and after July 1, 2026, the
5Department of Early Childhood may, in conjunction with
6colleges or universities in this State, establish programs to
7train low-income older persons to be child care workers. The
8Department shall prescribe, by rule:
9        (a) age and income qualifications for persons to be
10    trained under such programs; and
11        (b) standards for such programs to ensure that such
12    programs train participants to be skilled workers for the
13    child care industry.
 
14    Section 20-45. Home child care demonstration project;
15conversion and renovation grants; Department of Early
16Childhood.
17    (a) The General Assembly finds that the demand for quality
18child care far outweighs the number of safe, quality spaces
19for our children. The purpose of this Section is to increase
20the number of child care providers by:
21        (1) developing a demonstration project to train
22    individuals to become home child care providers who are
23    able to establish and operate their own child care
24    facility; and

 

 

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1        (2) providing grants to convert and renovate existing
2    facilities.
3    (b) On and after July 1, 2026, the Department of Early
4Childhood may from appropriations from the Child Care
5Development Block Grant establish a demonstration project to
6train individuals to become home child care providers who are
7able to establish and operate their own home-based child care
8facilities. On and after July 1, 2026, the Department of Early
9Childhood is authorized to use funds for this purpose from the
10child care and development funds deposited into the DHS
11Special Purposes Trust Fund as described in Section 12-10 of
12the Illinois Public Aid Code or deposited into the Employment
13and Training Fund as described in Section 12-10.3 of the
14Illinois Public Aid Code. As an economic development program,
15the project's focus is to foster individual self-sufficiency
16through an entrepreneurial approach by the creation of new
17jobs and opening of new small home-based child care
18businesses. The demonstration project shall involve
19coordination among State and county governments and the
20private sector, including but not limited to: the community
21college system, the Departments of Labor and Commerce and
22Economic Opportunity, the State Board of Education, large and
23small private businesses, non-profit programs, unions, and
24child care providers in the State.
25    (c) On and after July 1, 2026, the Department of Early
26Childhood may from appropriations from the Child Care

 

 

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1Development Block Grant provide grants to family child care
2providers and center based programs to convert and renovate
3existing facilities, to the extent permitted by federal law,
4so additional family child care homes and child care centers
5can be located in such facilities.
6        (1) Applications for grants shall be made to the
7    Department and shall contain information as the Department
8    shall require by rule. Every applicant shall provide
9    assurance to the Department that:
10            (A) the facility to be renovated or improved shall
11        be used as family child care home or child care center
12        for a continuous period of at least 5 years;
13            (B) any family child care home or child care
14        center program located in a renovated or improved
15        facility shall be licensed by the Department;
16            (C) the program shall comply with applicable
17        federal and State laws prohibiting discrimination
18        against any person on the basis of race, color,
19        national origin, religion, creed, or sex;
20            (D) the grant shall not be used for purposes of
21        entertainment or perquisites;
22            (E) the applicant shall comply with any other
23        requirement the Department may prescribe to ensure
24        adherence to applicable federal, State, and county
25        laws;
26            (F) all renovations and improvements undertaken

 

 

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1        with funds received under this Section shall comply
2        with all applicable State and county statutes and
3        ordinances including applicable building codes and
4        structural requirements of the Department; and
5            (G) the applicant shall indemnify and save
6        harmless the State and its officers, agents, and
7        employees from and against any and all claims arising
8        out of or resulting from the renovation and
9        improvements made with funds provided by this Section,
10        and, upon request of the Department, the applicant
11        shall procure sufficient insurance to provide that
12        indemnification.
13        (2) To receive a grant under this Section to convert
14    an existing facility into a family child care home or
15    child care center facility, the applicant shall:
16            (A) agree to make available to the Department all
17        records it may have relating to the operation of any
18        family child care home and child care center facility,
19        and to allow State agencies to monitor its compliance
20        with the purpose of this Section;
21            (B) agree that, if the facility is to be altered or
22        improved, or is to be used by other groups, moneys
23        appropriated by this Section shall be used for
24        renovating or improving the facility only to the
25        proportionate extent that the floor space will be used
26        by the child care program; and

 

 

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1            (C) establish, to the satisfaction of the
2        Department, that sufficient funds are available for
3        the effective use of the facility for the purpose for
4        which it is being renovated or improved.
5        (3) In selecting applicants for funding, the
6    Department shall make every effort to ensure that family
7    child care home or child care center facilities are
8    equitably distributed throughout the State according to
9    demographic need. The Department shall give priority
10    consideration to rural/Downstate areas of the State that
11    are currently experiencing a shortage of child care
12    services.
13        (4) In considering applications for grants to renovate
14    or improve an existing facility used for the operations of
15    a family child care home or child care center, the
16    Department shall give preference to applications to
17    renovate facilities most in need of repair to address
18    safety and habitability concerns. No grant shall be
19    disbursed unless an agreement is entered into between the
20    applicant and the State, by and through the Department.
21    The agreement shall include the assurances and conditions
22    required by this Section and any other terms which the
23    Department may require.
 
24
ARTICLE 80. TRANSITION PROVISIONS

 

 

 

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1    Section 80-5. Transfer of functions. On and after July 1,
22026:
3    (a) The powers, duties, rights, and responsibilities
4vested in the transferring agencies relating to early care and
5education programs and services to children and families
6transferred by this Act shall be vested in and shall be
7exercised by the Department of Early Childhood.
8    (b) The personnel who are engaged in the performance of
9functions transferred to the Department or who are engaged in
10the administration of a law the administration of which is
11transferred to the Department shall be employed by the
12Department of Early Childhood and not the agency from which
13the duties performed are transferred.
14    (c) All books, records, papers, documents, property (real
15and personal), contracts, causes of action, and pending
16business pertaining to the powers, duties, rights, and
17responsibilities relating to functions transferred under this
18Act to the Department of Early Childhood, including, but not
19limited to, material in electronic or magnetic format and
20necessary computer hardware and software, shall be transferred
21to the Department.
22    (d) Whenever reports or notices are now required to be
23made or given or papers or documents furnished or served by any
24person in connection with any of the powers, duties, rights,
25and responsibilities relating to functions transferred by this
26Act, the same shall be made, given, furnished, or served in the

 

 

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1same manner to or upon the Department.
2    (e) This Act does not affect any act done, ratified, or
3canceled or any right occurring or established or any action
4or proceeding had or commenced in an administrative, civil, or
5criminal cause by each transferring agency relating to
6functions transferred by this Act before the transfer of
7responsibilities; such actions or proceedings may be
8prosecuted and continued by the Department.
 
9    Section 80-10. Rules and standards.
10    (a) The rules and standards of the Department's
11predecessor agencies that are in effect on June 30, 2026 and
12pertain to the rights, powers, duties, and functions
13transferred to the Department under this Act shall become the
14rules and standards of the Department of Early Childhood on
15July 1, 2026 and shall continue in effect until amended or
16repealed by the Department.
17    (b) Any rules pertaining to the rights, powers, duties,
18and functions transferred to the Department under this Act
19that have been proposed by a predecessor agency but have not
20taken effect or been finally adopted by June 30, 2026 shall
21become proposed rules of the Department of Early Childhood on
22July 1, 2026, and any rulemaking procedures that have already
23been completed by the predecessor agency for those proposed
24rules need not be repeated.
25    (c) As soon as practical after July 1, 2026, the

 

 

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1Department of Early Childhood shall revise and clarify the
2rules transferred to it under this Act to reflect the
3reorganization of rights, powers, duties, and functions
4effected by this Act using the procedures for recodification
5of rules available under the Illinois Administrative Procedure
6Act, except that existing Title, Part, and Section numbering
7for the affected rules may be retained. The Department may
8propose and adopt under the Illinois Administrative Procedure
9Act such other rules as may be necessary to consolidate and
10clarify the rules of the agencies reorganized by this Act.
 
11    Section 80-15. Savings provisions.
12    (a) The rights, powers, duties, and functions transferred
13to the Department of Early Childhood by this Act shall be
14vested in and exercised by the Department subject to the
15provisions of this Act. An act done by the Department or an
16officer, employee, or agent of the Department in the exercise
17of the transferred rights, powers, duties, or functions shall
18have the same legal effect as if done by the predecessor agency
19or an officer, employee, or agent of the predecessor agency.
20    (b) The transfer of rights, powers, duties, and functions
21to the Department of Early Childhood under this Act does not
22invalidate any previous action taken by or in respect to any of
23its predecessor agencies or their officers, employees, or
24agents. References to those predecessor agencies or their
25officers, employees or agents in any document, contract,

 

 

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1agreement, or law shall, in appropriate contexts, be deemed to
2refer to the Department or its officers, employees, or agents.
3    (c) The transfer of rights, powers, duties, and functions
4to the Department of Early Childhood under this Act does not
5affect any person's rights, obligations, or duties, including
6any civil or criminal penalties applicable thereto, arising
7out of those transferred rights, powers, duties, and
8functions.
9    (d) With respect to matters that pertain to a right,
10power, duty, or function transferred to the Department of
11Early Childhood under this Act:
12        (1) Beginning July 1, 2026, a report or notice that
13    was previously required to be made or given by any person
14    to a predecessor agency or any of its officers, employees,
15    or agents shall be made or given in the same manner to the
16    Department or its appropriate officer, employee, or agent.
17        (2) Beginning July 1, 2026, a document that was
18    previously required to be furnished or served by any
19    person to or upon a predecessor agency or any of its
20    officers, employees, or agents shall be furnished or
21    served in the same manner to or upon the Department or its
22    appropriate officer, employee, or agent.
23    (e) This Act does not affect any act done, ratified, or
24canceled, any right occurring or established, or any action or
25proceeding had or commenced in an administrative, civil, or
26criminal cause before July 1, 2026. Any such action or

 

 

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1proceeding that pertains to a right, power, duty, or function
2transferred to the Department of Early Childhood under this
3Act and that is pending on that date may be prosecuted,
4defended, or continued by the Department of Early Childhood.
 
5
ARTICLE 90. AMENDATORY PROVISIONS

 
6    Section 90-5. The Civil Administrative Code of Illinois is
7amended by changing Sections 5-10, 5-15, and 5-20 and by
8adding Sections 5-126 and 5-336 as follows:
 
9    (20 ILCS 5/5-10)  (was 20 ILCS 5/2.1)
10    Sec. 5-10. "Director". As used in the Civil Administrative
11Code of Illinois, unless the context clearly indicates
12otherwise, the word "director" means the several directors of
13the departments of State government as designated in Section
145-20 of this Law and includes the Secretary of Early
15Childhood, the Secretary of Financial and Professional
16Regulation, the Secretary of Innovation and Technology, the
17Secretary of Human Services, and the Secretary of
18Transportation.
19(Source: P.A. 100-611, eff. 7-20-18.)
 
20    (20 ILCS 5/5-15)  (was 20 ILCS 5/3)
21    Sec. 5-15. Departments of State government. The
22Departments of State government are created as follows:

 

 

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1    The Department on Aging.
2    The Department of Agriculture.
3    The Department of Central Management Services.
4    The Department of Children and Family Services.
5    The Department of Commerce and Economic Opportunity.
6    The Department of Corrections.
7    The Department of Early Childhood.
8    The Department of Employment Security.
9    The Illinois Emergency Management Agency.
10    The Department of Financial and Professional Regulation.
11    The Department of Healthcare and Family Services.
12    The Department of Human Rights.
13    The Department of Human Services.
14    The Department of Innovation and Technology.
15    The Department of Insurance.
16    The Department of Juvenile Justice.
17    The Department of Labor.
18    The Department of the Lottery.
19    The Department of Natural Resources.
20    The Department of Public Health.
21    The Department of Revenue.
22    The Illinois State Police.
23    The Department of Transportation.
24    The Department of Veterans' Affairs.
25(Source: P.A. 102-538, eff. 8-20-21.)
 

 

 

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1    (20 ILCS 5/5-20)  (was 20 ILCS 5/4)
2    Sec. 5-20. Heads of departments. Each department shall
3have an officer as its head who shall be known as director or
4secretary and who shall, subject to the provisions of the
5Civil Administrative Code of Illinois, execute the powers and
6discharge the duties vested by law in his or her respective
7department.
8    The following officers are hereby created:
9    Director of Aging, for the Department on Aging.
10    Director of Agriculture, for the Department of
11Agriculture.
12    Director of Central Management Services, for the
13Department of Central Management Services.
14    Director of Children and Family Services, for the
15Department of Children and Family Services.
16    Director of Commerce and Economic Opportunity, for the
17Department of Commerce and Economic Opportunity.
18    Director of Corrections, for the Department of
19Corrections.
20    Director of the Illinois Emergency Management Agency, for
21the Illinois Emergency Management Agency.
22    Secretary of Early Childhood, for the Department of Early
23Childhood.
24    Director of Employment Security, for the Department of
25Employment Security.
26    Secretary of Financial and Professional Regulation, for

 

 

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1the Department of Financial and Professional Regulation.
2    Director of Healthcare and Family Services, for the
3Department of Healthcare and Family Services.
4    Director of Human Rights, for the Department of Human
5Rights.
6    Secretary of Human Services, for the Department of Human
7Services.
8    Secretary of Innovation and Technology, for the Department
9of Innovation and Technology.
10    Director of Insurance, for the Department of Insurance.
11    Director of Juvenile Justice, for the Department of
12Juvenile Justice.
13    Director of Labor, for the Department of Labor.
14    Director of the Lottery, for the Department of the
15Lottery.
16    Director of Natural Resources, for the Department of
17Natural Resources.
18    Director of Public Health, for the Department of Public
19Health.
20    Director of Revenue, for the Department of Revenue.
21    Director of the Illinois State Police, for the Illinois
22State Police.
23    Secretary of Transportation, for the Department of
24Transportation.
25    Director of Veterans' Affairs, for the Department of
26Veterans' Affairs.

 

 

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1(Source: P.A. 102-538, eff. 8-20-21.)
 
2    (20 ILCS 5/5-126 new)
3    Sec. 5-126. In the Department of Early Childhood.
4Secretary and Assistant Secretaries of Early Childhood.
 
5    (20 ILCS 5/5-336 new)
6    Sec. 5-336. In the Department of Early Childhood. For
7terms beginning on or after July 1, 2024, the Secretary shall
8receive an annual salary of $200,000 or as set by the Governor,
9whichever is higher. On July 1, 2025, and on each July 1
10thereafter, the Secretary shall receive an increase in salary
11based on the cost of living adjustment as authorized by Senate
12Joint Resolution 192 of the 86th General Assembly.
 
13    Section 90-10. The Children and Family Services Act is
14amended by changing Sections 5.15, 5.20, 22.1, 34.9, and 34.10
15as follows:
 
16    (20 ILCS 505/5.15)
17    Sec. 5.15. Daycare; Department of Human Services.
18    (a) For the purpose of ensuring effective statewide
19planning, development, and utilization of resources for the
20day care of children, operated under various auspices, the
21Department of Human Services is designated to coordinate all
22day care activities for children of the State and shall

 

 

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1develop or continue, and shall update every year, a State
2comprehensive day-care plan for submission to the Governor
3that identifies high-priority areas and groups, relating them
4to available resources and identifying the most effective
5approaches to the use of existing day care services. The State
6comprehensive day-care plan shall be made available to the
7General Assembly following the Governor's approval of the
8plan.
9    The plan shall include methods and procedures for the
10development of additional day care resources for children to
11meet the goal of reducing short-run and long-run dependency
12and to provide necessary enrichment and stimulation to the
13education of young children. Recommendations shall be made for
14State policy on optimum use of private and public, local,
15State and federal resources, including an estimate of the
16resources needed for the licensing and regulation of day care
17facilities.
18    A written report shall be submitted to the Governor and
19the General Assembly annually on April 15. The report shall
20include an evaluation of developments over the preceding
21fiscal year, including cost-benefit analyses of various
22arrangements. Beginning with the report in 1990 submitted by
23the Department's predecessor agency and every 2 years
24thereafter, the report shall also include the following:
25        (1) An assessment of the child care services, needs
26    and available resources throughout the State and an

 

 

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1    assessment of the adequacy of existing child care
2    services, including, but not limited to, services assisted
3    under this Act and under any other program administered by
4    other State agencies.
5        (2) A survey of day care facilities to determine the
6    number of qualified caregivers, as defined by rule,
7    attracted to vacant positions and any problems encountered
8    by facilities in attracting and retaining capable
9    caregivers. The report shall include an assessment, based
10    on the survey, of improvements in employee benefits that
11    may attract capable caregivers.
12        (3) The average wages and salaries and fringe benefit
13    packages paid to caregivers throughout the State, computed
14    on a regional basis, compared to similarly qualified
15    employees in other but related fields.
16        (4) The qualifications of new caregivers hired at
17    licensed day care facilities during the previous 2-year
18    period.
19        (5) Recommendations for increasing caregiver wages and
20    salaries to ensure quality care for children.
21        (6) Evaluation of the fee structure and income
22    eligibility for child care subsidized by the State.
23    The requirement for reporting to the General Assembly
24shall be satisfied by filing copies of the report as required
25by Section 3.1 of the General Assembly Organization Act, and
26filing such additional copies with the State Government Report

 

 

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1Distribution Center for the General Assembly as is required
2under paragraph (t) of Section 7 of the State Library Act.
3    (b) The Department of Human Services shall establish
4policies and procedures for developing and implementing
5interagency agreements with other agencies of the State
6providing child care services or reimbursement for such
7services. The plans shall be annually reviewed and modified
8for the purpose of addressing issues of applicability and
9service system barriers.
10    (c) In cooperation with other State agencies, the
11Department of Human Services shall develop and implement, or
12shall continue, a resource and referral system for the State
13of Illinois either within the Department or by contract with
14local or regional agencies. Funding for implementation of this
15system may be provided through Department appropriations or
16other inter-agency funding arrangements. The resource and
17referral system shall provide at least the following services:
18        (1) Assembling and maintaining a data base on the
19    supply of child care services.
20        (2) Providing information and referrals for parents.
21        (3) Coordinating the development of new child care
22    resources.
23        (4) Providing technical assistance and training to
24    child care service providers.
25        (5) Recording and analyzing the demand for child care
26    services.

 

 

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1    (d) The Department of Human Services shall conduct day
2care planning activities with the following priorities:
3        (1) Development of voluntary day care resources
4    wherever possible, with the provision for grants-in-aid
5    only where demonstrated to be useful and necessary as
6    incentives or supports. By January 1, 2002, the Department
7    shall design a plan to create more child care slots as well
8    as goals and timetables to improve quality and
9    accessibility of child care.
10        (2) Emphasis on service to children of recipients of
11    public assistance when such service will allow training or
12    employment of the parent toward achieving the goal of
13    independence.
14        (3) (Blank).
15        (4) Care of children from families in stress and
16    crises whose members potentially may become, or are in
17    danger of becoming, non-productive and dependent.
18        (5) Expansion of family day care facilities wherever
19    possible.
20        (6) Location of centers in economically depressed
21    neighborhoods, preferably in multi-service centers with
22    cooperation of other agencies. The Department shall
23    coordinate the provision of grants, but only to the extent
24    funds are specifically appropriated for this purpose, to
25    encourage the creation and expansion of child care centers
26    in high need communities to be issued by the State,

 

 

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1    business, and local governments.
2        (7) Use of existing facilities free of charge or for
3    reasonable rental whenever possible in lieu of
4    construction.
5        (8) Development of strategies for assuring a more
6    complete range of day care options, including provision of
7    day care services in homes, in schools, or in centers,
8    which will enable a parent or parents to complete a course
9    of education or obtain or maintain employment and the
10    creation of more child care options for swing shift,
11    evening, and weekend workers and for working women with
12    sick children. The Department shall encourage companies to
13    provide child care in their own offices or in the building
14    in which the corporation is located so that employees of
15    all the building's tenants can benefit from the facility.
16        (9) Development of strategies for subsidizing students
17    pursuing degrees in the child care field.
18        (10) Continuation and expansion of service programs
19    that assist teen parents to continue and complete their
20    education.
21    Emphasis shall be given to support services that will help
22to ensure such parents' graduation from high school and to
23services for participants in any programs of job training
24conducted by the Department.
25    (e) The Department of Human Services shall actively
26stimulate the development of public and private resources at

 

 

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1the local level. It shall also seek the fullest utilization of
2federal funds directly or indirectly available to the
3Department.
4    Where appropriate, existing non-governmental agencies or
5associations shall be involved in planning by the Department.
6    (f) To better accommodate the child care needs of low
7income working families, especially those who receive
8Temporary Assistance for Needy Families (TANF) or who are
9transitioning from TANF to work, or who are at risk of
10depending on TANF in the absence of child care, the Department
11shall complete a study using outcome-based assessment
12measurements to analyze the various types of child care needs,
13including but not limited to: child care homes; child care
14facilities; before and after school care; and evening and
15weekend care. Based upon the findings of the study, the
16Department shall develop a plan by April 15, 1998, that
17identifies the various types of child care needs within
18various geographic locations. The plan shall include, but not
19be limited to, the special needs of parents and guardians in
20need of non-traditional child care services such as early
21mornings, evenings, and weekends; the needs of very low income
22families and children and how they might be better served; and
23strategies to assist child care providers to meet the needs
24and schedules of low income families.
25    (g) This Section is repealed on July 1, 2026.
26(Source: P.A. 100-1148, eff. 12-10-18.)
 

 

 

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1    (20 ILCS 505/5.20)
2    Sec. 5.20. Child care for former public aid recipients;
3Department of Human Services. The Department of Human Services
4may provide child care services to former recipients of
5assistance under the Illinois Public Aid Code as authorized by
6Section 9-6.3 of that Code. This Section is repealed on July 1,
72026.
8(Source: P.A. 89-507, eff. 7-1-97.)
 
9    (20 ILCS 505/22.1)  (from Ch. 23, par. 5022.1)
10    Sec. 22.1. Grants-in-aid for child care services;
11Department of Human Services.
12    (a) Blank.
13    (b) Blank.
14    (c) The Department of Human Services shall establish and
15operate day care facilities for the children of migrant
16workers in areas of the State where they are needed. The
17Department may provide these day care services by contracting
18with private centers if practicable. "Migrant worker" means
19any person who moves seasonally from one place to another,
20within or without the State, for the purpose of employment in
21agricultural activities. This Section is repealed on July 1,
222026.
23(Source: P.A. 97-516, eff. 8-23-11.)
 

 

 

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1    (20 ILCS 505/34.9)  (from Ch. 23, par. 5034.9)
2    Sec. 34.9. The Department may, in conjunction with
3colleges or universities in this State, establish programs to
4train low-income older persons to be child care workers. The
5Department shall prescribe, by rule:
6    (a) age and income qualifications for persons to be
7trained under such programs; and
8    (b) standards for such programs to ensure that such
9programs train participants to be skilled workers for the
10child care industry.
11    This Section is repealed on July 1, 2026.
12(Source: P.A. 86-889.)
 
13    (20 ILCS 505/34.10)  (from Ch. 23, par. 5034.10)
14    Sec. 34.10. Home child care demonstration project;
15conversion and renovation grants; Department of Human
16Services.
17    (a) The legislature finds that the demand for quality
18child care far outweighs the number of safe, quality spaces
19for our children. The purpose of this Section is to increase
20the number of child care providers by:
21        (1) developing a demonstration project to train
22    individuals to become home child care providers who are
23    able to establish and operate their own child care
24    facility; and
25        (2) providing grants to convert and renovate existing

 

 

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1    facilities.
2    (b) The Department of Human Services may from
3appropriations from the Child Care Development Block Grant
4establish a demonstration project to train individuals to
5become home child care providers who are able to establish and
6operate their own home-based child care facilities. The
7Department of Human Services is authorized to use funds for
8this purpose from the child care and development funds
9deposited into the DHS Special Purposes Trust Fund as
10described in Section 12-10 of the Illinois Public Aid Code or
11deposited into the Employment and Training Fund as described
12in Section 12-10.3 of the Illinois Public Aid Code. As an
13economic development program, the project's focus is to foster
14individual self-sufficiency through an entrepreneurial
15approach by the creation of new jobs and opening of new small
16home-based child care businesses. The demonstration project
17shall involve coordination among State and county governments
18and the private sector, including but not limited to: the
19community college system, the Departments of Labor and
20Commerce and Economic Opportunity, the State Board of
21Education, large and small private businesses, nonprofit
22programs, unions, and child care providers in the State.
23    The Department shall submit:
24        (1) a progress report on the demonstration project to
25    the legislature by one year after January 1, 1992 (the
26    effective date of Public Act 87-332); and

 

 

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1        (2) a final evaluation report on the demonstration
2    project, including findings and recommendations, to the
3    legislature by one year after the due date of the progress
4    report.
5    (c) The Department of Human Services may from
6appropriations from the Child Care Development Block Grant
7provide grants to family child care providers and center based
8programs to convert and renovate existing facilities, to the
9extent permitted by federal law, so additional family child
10care homes and child care centers can be located in such
11facilities.
12        (1) Applications for grants shall be made to the
13    Department and shall contain information as the Department
14    shall require by rule. Every applicant shall provide
15    assurance to the Department that:
16            (A) the facility to be renovated or improved shall
17        be used as family child care home or child care center
18        for a continuous period of at least 5 years;
19            (B) any family child care home or child care
20        center program located in a renovated or improved
21        facility shall be licensed by the Department;
22            (C) the program shall comply with applicable
23        federal and State laws prohibiting discrimination
24        against any person on the basis of race, color,
25        national origin, religion, creed, or sex;
26            (D) the grant shall not be used for purposes of

 

 

HB5451 Engrossed- 127 -LRB103 39421 KTG 69604 b

1        entertainment or perquisites;
2            (E) the applicant shall comply with any other
3        requirement the Department may prescribe to ensure
4        adherence to applicable federal, State, and county
5        laws;
6            (F) all renovations and improvements undertaken
7        with funds received under this Section shall comply
8        with all applicable State and county statutes and
9        ordinances including applicable building codes and
10        structural requirements of the Department; and
11            (G) the applicant shall indemnify and save
12        harmless the State and its officers, agents, and
13        employees from and against any and all claims arising
14        out of or resulting from the renovation and
15        improvements made with funds provided by this Section,
16        and, upon request of the Department, the applicant
17        shall procure sufficient insurance to provide that
18        indemnification.
19        (2) To receive a grant under this Section to convert
20    an existing facility into a family child care home or
21    child care center facility, the applicant shall:
22            (A) agree to make available to the Department of
23        Human Services all records it may have relating to the
24        operation of any family child care home and child care
25        center facility, and to allow State agencies to
26        monitor its compliance with the purpose of this

 

 

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1        Section;
2            (B) agree that, if the facility is to be altered or
3        improved, or is to be used by other groups, moneys
4        appropriated by this Section shall be used for
5        renovating or improving the facility only to the
6        proportionate extent that the floor space will be used
7        by the child care program; and
8            (C) establish, to the satisfaction of the
9        Department that sufficient funds are available for the
10        effective use of the facility for the purpose for
11        which it is being renovated or improved.
12        (3) In selecting applicants for funding, the
13    Department shall make every effort to ensure that family
14    child care home or child care center facilities are
15    equitably distributed throughout the State according to
16    demographic need. The Department shall give priority
17    consideration to rural/Downstate areas of the State that
18    are currently experiencing a shortage of child care
19    services.
20        (4) In considering applications for grants to renovate
21    or improve an existing facility used for the operations of
22    a family child care home or child care center, the
23    Department shall give preference to applications to
24    renovate facilities most in need of repair to address
25    safety and habitability concerns. No grant shall be
26    disbursed unless an agreement is entered into between the

 

 

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1    applicant and the State, by and through the Department.
2    The agreement shall include the assurances and conditions
3    required by this Section and any other terms which the
4    Department may require.
5    (d) This Section is repealed on July 1, 2026.
6(Source: P.A. 103-363, eff. 7-28-23.)
 
7    Section 90-15. The Department of Human Services Act is
8amended by changing Sections 1-75, 10-16, and 10-22 as
9follows:
 
10    (20 ILCS 1305/1-75)
11    Sec. 1-75. Off-Hours Child Care Program.
12    (a) Legislative intent. The General Assembly finds that:
13        (1) Finding child care can be a challenge for
14    firefighters, paramedics, police officers, nurses, and
15    other third shift workers across the State who often work
16    non-typical work hours. This can impact home life, school,
17    bedtime routines, job safety, and the mental health of
18    some of our most critical front line workers and their
19    families.
20        (2) There is a need for increased options for
21    off-hours child care in the State. A majority of the
22    State's child care facilities do not provide care outside
23    of normal work hours, with just 3,251 day care homes and
24    435 group day care homes that provide night care.

 

 

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1        (3) Illinois has a vested interest in ensuring that
2    our first responders and working families can provide
3    their children with appropriate care during off hours to
4    improve the morale of existing first responders and to
5    improve recruitment into the future.
6    (b) As used in this Section, "first responders" means
7emergency medical services personnel as defined in the
8Emergency Medical Services (EMS) Systems Act, firefighters,
9law enforcement officers, and, as determined by the
10Department, any other workers who, on account of their work
11schedule, need child care outside of the hours when licensed
12child care facilities typically operate.
13    (c) Subject to appropriation, the Department of Human
14Services shall establish and administer an Off-Hours Child
15Care Program to help first responders and other workers
16identify and access off-hours, night, or sleep time child
17care. Services funded under the program must address the child
18care needs of first responders. Funding provided under the
19program may also be used to cover any capital and operating
20expenses related to the provision of off-hours, night, or
21sleep time child care for first responders. Funding awarded
22under this Section shall be funded through appropriations from
23the Off-Hours Child Care Program Fund created under subsection
24(d). The Department shall implement the program by July 1,
252023. The Department may adopt any rules necessary to
26implement the program.

 

 

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1    (d) The Off-Hours Child Care Program Fund is created as a
2special fund in the State treasury. The Fund shall consist of
3any moneys appropriated to the Department of Human Services
4for the Off-Hours Child Care Program. Moneys in the Fund shall
5be expended for the Off-Hours Child Care Program and for no
6other purpose. All interest earned on moneys in the Fund shall
7be deposited into the Fund.
8    (e) This Section is repealed on July 1, 2026.
9(Source: P.A. 102-912, eff. 5-27-22; 103-154, eff. 6-30-23.)
 
10    (20 ILCS 1305/10-16)
11    Sec. 10-16. Home visiting program.
12    (a) The General Assembly finds that research-informed home
13visiting programs work to strengthen families' functioning and
14support parents in caring for their children to ensure optimal
15child development.
16    (b) The Department shall establish a home visiting program
17to support communities in providing intensive home visiting
18programs to pregnant persons and families with children from
19birth up to elementary school enrollment. Services shall be
20offered on a voluntary basis to families. In awarding grants
21under the program, the Department shall prioritize populations
22or communities in need of such services, as determined by the
23Department, based on data including, but not limited to,
24statewide home visiting needs assessments. Eligibility under
25the program shall also take into consideration requirements of

 

 

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1the federal Maternal, Infant, and Early Childhood Home
2Visiting Program and Head Start and Early Head Start to ensure
3appropriate alignment. The overall goals for these services
4are to:
5        (1) improve maternal and newborn health;
6        (2) prevent child abuse and neglect;
7        (3) promote children's development and readiness to
8    participate in school; and
9        (4) connect families to needed community resources and
10    supports.
11    (b) Allowable uses of funding include:
12        (1) Grants to community-based organizations to
13    implement home visiting and family support services with
14    fidelity to research-informed home visiting program
15    models, as defined by the Department. Services may
16    include, but are not limited to:
17            (A) personal visits with a child and the child's
18        parent or caregiver at a periodicity aligned with the
19        model being implemented;
20            (B) opportunities for connections with other
21        parents and caregivers in their community and other
22        social and community supports;
23            (C) enhancements to research-informed home
24        visiting program models based on community needs
25        including doula services, and other program
26        innovations as approved by the Department; and

 

 

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1            (D) referrals to other resources needed by
2        families.
3        (2) Infrastructure supports for grantees, including,
4    but not limited to, professional development for the
5    workforce, technical assistance and capacity-building,
6    data system and supports, infant and early childhood
7    mental health consultation, trauma-informed practices,
8    research, universal newborn screening, and coordinated
9    intake.
10    (c) Subject to appropriation, the Department shall award
11grants to community-based agencies in accordance with this
12Section and any other rules that may be adopted by the
13Department. Successful grantees under this program shall
14comply with policies and procedures on program, data, and
15expense reporting as developed by the Department.
16    (d) Funds received under this Section shall supplement,
17not supplant, other existing or new federal, State, or local
18sources of funding for these services. Any new federal funding
19received shall supplement and not supplant funding for this
20program.
21    (e) The Department shall collaborate with relevant
22agencies to support the coordination and alignment of home
23visiting services provided through other State and federal
24funds, to the extent possible. The Department shall
25collaborate with the State Board of Education, the Department
26of Healthcare and Family Services, and Head Start and Early

 

 

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1Head Start in the implementation of these services to support
2alignment with home visiting services provided through the
3Early Childhood Block Grant and the State's Medical Assistance
4Program, respectively, to the extent possible.
5    (f) An advisory committee shall advise the Department
6concerning the implementation of the home visiting program.
7The advisory committee shall make recommendations on policy
8and implementation. The Department shall determine whether the
9advisory committee shall be a newly created body or an
10existing body such as a committee of the Illinois Early
11Learning Council. The advisory committee shall consist of one
12or more representatives of the Department, other members
13representing public and private entities that serve and
14interact with the families served under the home visiting
15program, with the input of families engaged in home visiting
16or related services themselves. Family input may be secured by
17engaging families as members of this advisory committee or as
18a separate committee of family representatives.
19    (g) The Department may adopt any rules necessary to
20implement this Section.
21    (i) This Section is repealed on July 1, 2026.
22(Source: P.A. 103-498, eff. 1-1-24.)
 
23    (20 ILCS 1305/10-22)
24    Sec. 10-22. Great START program.
25    (a) The Department of Human Services shall, subject to a

 

 

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1specific appropriation for this purpose, operate a Great START
2(Strategy To Attract and Retain Teachers) program. The goal of
3the program is to improve children's developmental and
4educational outcomes in child care by encouraging increased
5professional preparation by staff and staff retention. The
6Great START program shall coordinate with the TEACH
7professional development program.
8    The program shall provide wage supplements and may include
9other incentives to licensed child care center personnel,
10including early childhood teachers, school-age workers, early
11childhood assistants, school-age assistants, and directors, as
12such positions are defined by administrative rule of the
13Department of Children and Family Services. The program shall
14provide wage supplements and may include other incentives to
15licensed family day care home personnel and licensed group day
16care home personnel, including caregivers and assistants as
17such positions are defined by administrative rule of the
18Department of Children and Family Services. Individuals will
19receive supplements commensurate with their qualifications.
20    (b) (Blank).
21    (c) The Department shall, by rule, define the scope and
22operation of the program, including a wage supplement scale.
23The scale shall pay increasing amounts for higher levels of
24educational attainment beyond minimum qualifications and shall
25recognize longevity of employment. Subject to the availability
26of sufficient appropriation, the wage supplements shall be

 

 

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1paid to child care personnel in the form of bonuses at 6 month
2intervals. Six months of continuous service with a single
3employer is required to be eligible to receive a wage
4supplement bonus. Wage supplements shall be paid directly to
5individual day care personnel, not to their employers.
6Eligible individuals must provide to the Department or its
7agent all information and documentation, including but not
8limited to college transcripts, to demonstrate their
9qualifications for a particular wage supplement level.
10    If appropriations permit, the Department may include
11one-time signing bonuses or other incentives to help providers
12attract staff, provided that the signing bonuses are less than
13the supplement staff would have received if they had remained
14employed with another day care center or family day care home.
15    If appropriations permit, the Department may include
16one-time longevity bonuses or other incentives to recognize
17staff who have remained with a single employer.
18    (d) (Blank).
19    (e) This Section is repealed on July 1, 2026.
20(Source: P.A. 93-711, eff. 7-12-04.)
 
21    Section 90-20. The Illinois Early Learning Council Act is
22amended by changing Section 10 as follows:
 
23    (20 ILCS 3933/10)
24    Sec. 10. Membership. The Illinois Early Learning Council

 

 

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1shall include representation from both public and private
2organizations, and its membership shall reflect regional,
3racial, and cultural diversity to ensure representation of the
4needs of all Illinois children. One member shall be appointed
5by the President of the Senate, one member appointed by the
6Minority Leader of the Senate, one member appointed by the
7Speaker of the House of Representatives, one member appointed
8by the Minority Leader of the House of Representatives, and
9other members appointed by the Governor. The Governor's
10appointments shall include without limitation the following:
11        (1) A leader of stature from the Governor's office, to
12    serve as co-chairperson of the Council.
13        (2) The chief administrators of the following State
14    agencies: Department of Early Childhood, State Board of
15    Education; Department of Human Services; Department of
16    Children and Family Services; Department of Public Health;
17    Department of Healthcare and Family Services; Board of
18    Higher Education; and Illinois Community College Board.
19        (3) Local government stakeholders and nongovernment
20    stakeholders with an interest in early childhood care and
21    education, including representation from the following
22    private-sector fields and constituencies: early childhood
23    education and development; child care; child advocacy;
24    parenting support; local community collaborations among
25    early care and education programs and services; maternal
26    and child health; children with special needs; business;

 

 

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1    labor; and law enforcement. The Governor shall designate
2    one of the members who is a nongovernment stakeholder to
3    serve as co-chairperson.
4In addition, the Governor shall request that the Region V
5office of the U.S. Department of Health and Human Services'
6Administration for Children and Families appoint a member to
7the Council to represent federal children's programs and
8services.
9    Members appointed by General Assembly members and members
10appointed by the Governor who are local government or
11nongovernment stakeholders shall serve 3-year terms, except
12that of the initial appointments, half of these members, as
13determined by lot, shall be appointed to 2-year terms so that
14terms are staggered. Members shall serve on a voluntary,
15unpaid basis.
16(Source: P.A. 95-331, eff. 8-21-07.)
 
17    Section 90-25. The Illinois Procurement Code is amended by
18changing Section 1-10 as follows:
 
19    (30 ILCS 500/1-10)
20    Sec. 1-10. Application.
21    (a) This Code applies only to procurements for which
22bidders, offerors, potential contractors, or contractors were
23first solicited on or after July 1, 1998. This Code shall not
24be construed to affect or impair any contract, or any

 

 

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1provision of a contract, entered into based on a solicitation
2prior to the implementation date of this Code as described in
3Article 99, including, but not limited to, any covenant
4entered into with respect to any revenue bonds or similar
5instruments. All procurements for which contracts are
6solicited between the effective date of Articles 50 and 99 and
7July 1, 1998 shall be substantially in accordance with this
8Code and its intent.
9    (b) This Code shall apply regardless of the source of the
10funds with which the contracts are paid, including federal
11assistance moneys. This Code shall not apply to:
12        (1) Contracts between the State and its political
13    subdivisions or other governments, or between State
14    governmental bodies, except as specifically provided in
15    this Code.
16        (2) Grants, except for the filing requirements of
17    Section 20-80.
18        (3) Purchase of care, except as provided in Section
19    5-30.6 of the Illinois Public Aid Code and this Section.
20        (4) Hiring of an individual as an employee and not as
21    an independent contractor, whether pursuant to an
22    employment code or policy or by contract directly with
23    that individual.
24        (5) Collective bargaining contracts.
25        (6) Purchase of real estate, except that notice of
26    this type of contract with a value of more than $25,000

 

 

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1    must be published in the Procurement Bulletin within 10
2    calendar days after the deed is recorded in the county of
3    jurisdiction. The notice shall identify the real estate
4    purchased, the names of all parties to the contract, the
5    value of the contract, and the effective date of the
6    contract.
7        (7) Contracts necessary to prepare for anticipated
8    litigation, enforcement actions, or investigations,
9    provided that the chief legal counsel to the Governor
10    shall give his or her prior approval when the procuring
11    agency is one subject to the jurisdiction of the Governor,
12    and provided that the chief legal counsel of any other
13    procuring entity subject to this Code shall give his or
14    her prior approval when the procuring entity is not one
15    subject to the jurisdiction of the Governor.
16        (8) (Blank).
17        (9) Procurement expenditures by the Illinois
18    Conservation Foundation when only private funds are used.
19        (10) (Blank).
20        (11) Public-private agreements entered into according
21    to the procurement requirements of Section 20 of the
22    Public-Private Partnerships for Transportation Act and
23    design-build agreements entered into according to the
24    procurement requirements of Section 25 of the
25    Public-Private Partnerships for Transportation Act.
26        (12) (A) Contracts for legal, financial, and other

 

 

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1    professional and artistic services entered into by the
2    Illinois Finance Authority in which the State of Illinois
3    is not obligated. Such contracts shall be awarded through
4    a competitive process authorized by the members of the
5    Illinois Finance Authority and are subject to Sections
6    5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,
7    as well as the final approval by the members of the
8    Illinois Finance Authority of the terms of the contract.
9        (B) Contracts for legal and financial services entered
10    into by the Illinois Housing Development Authority in
11    connection with the issuance of bonds in which the State
12    of Illinois is not obligated. Such contracts shall be
13    awarded through a competitive process authorized by the
14    members of the Illinois Housing Development Authority and
15    are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,
16    and 50-37 of this Code, as well as the final approval by
17    the members of the Illinois Housing Development Authority
18    of the terms of the contract.
19        (13) Contracts for services, commodities, and
20    equipment to support the delivery of timely forensic
21    science services in consultation with and subject to the
22    approval of the Chief Procurement Officer as provided in
23    subsection (d) of Section 5-4-3a of the Unified Code of
24    Corrections, except for the requirements of Sections
25    20-60, 20-65, 20-70, and 20-160 and Article 50 of this
26    Code; however, the Chief Procurement Officer may, in

 

 

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1    writing with justification, waive any certification
2    required under Article 50 of this Code. For any contracts
3    for services which are currently provided by members of a
4    collective bargaining agreement, the applicable terms of
5    the collective bargaining agreement concerning
6    subcontracting shall be followed.
7        On and after January 1, 2019, this paragraph (13),
8    except for this sentence, is inoperative.
9        (14) Contracts for participation expenditures required
10    by a domestic or international trade show or exhibition of
11    an exhibitor, member, or sponsor.
12        (15) Contracts with a railroad or utility that
13    requires the State to reimburse the railroad or utilities
14    for the relocation of utilities for construction or other
15    public purpose. Contracts included within this paragraph
16    (15) shall include, but not be limited to, those
17    associated with: relocations, crossings, installations,
18    and maintenance. For the purposes of this paragraph (15),
19    "railroad" means any form of non-highway ground
20    transportation that runs on rails or electromagnetic
21    guideways and "utility" means: (1) public utilities as
22    defined in Section 3-105 of the Public Utilities Act, (2)
23    telecommunications carriers as defined in Section 13-202
24    of the Public Utilities Act, (3) electric cooperatives as
25    defined in Section 3.4 of the Electric Supplier Act, (4)
26    telephone or telecommunications cooperatives as defined in

 

 

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1    Section 13-212 of the Public Utilities Act, (5) rural
2    water or waste water systems with 10,000 connections or
3    less, (6) a holder as defined in Section 21-201 of the
4    Public Utilities Act, and (7) municipalities owning or
5    operating utility systems consisting of public utilities
6    as that term is defined in Section 11-117-2 of the
7    Illinois Municipal Code.
8        (16) Procurement expenditures necessary for the
9    Department of Public Health to provide the delivery of
10    timely newborn screening services in accordance with the
11    Newborn Metabolic Screening Act.
12        (17) Procurement expenditures necessary for the
13    Department of Agriculture, the Department of Financial and
14    Professional Regulation, the Department of Human Services,
15    and the Department of Public Health to implement the
16    Compassionate Use of Medical Cannabis Program and Opioid
17    Alternative Pilot Program requirements and ensure access
18    to medical cannabis for patients with debilitating medical
19    conditions in accordance with the Compassionate Use of
20    Medical Cannabis Program Act.
21        (18) This Code does not apply to any procurements
22    necessary for the Department of Agriculture, the
23    Department of Financial and Professional Regulation, the
24    Department of Human Services, the Department of Commerce
25    and Economic Opportunity, and the Department of Public
26    Health to implement the Cannabis Regulation and Tax Act if

 

 

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1    the applicable agency has made a good faith determination
2    that it is necessary and appropriate for the expenditure
3    to fall within this exemption and if the process is
4    conducted in a manner substantially in accordance with the
5    requirements of Sections 20-160, 25-60, 30-22, 50-5,
6    50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
7    50-36, 50-37, 50-38, and 50-50 of this Code; however, for
8    Section 50-35, compliance applies only to contracts or
9    subcontracts over $100,000. Notice of each contract
10    entered into under this paragraph (18) that is related to
11    the procurement of goods and services identified in
12    paragraph (1) through (9) of this subsection shall be
13    published in the Procurement Bulletin within 14 calendar
14    days after contract execution. The Chief Procurement
15    Officer shall prescribe the form and content of the
16    notice. Each agency shall provide the Chief Procurement
17    Officer, on a monthly basis, in the form and content
18    prescribed by the Chief Procurement Officer, a report of
19    contracts that are related to the procurement of goods and
20    services identified in this subsection. At a minimum, this
21    report shall include the name of the contractor, a
22    description of the supply or service provided, the total
23    amount of the contract, the term of the contract, and the
24    exception to this Code utilized. A copy of any or all of
25    these contracts shall be made available to the Chief
26    Procurement Officer immediately upon request. The Chief

 

 

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1    Procurement Officer shall submit a report to the Governor
2    and General Assembly no later than November 1 of each year
3    that includes, at a minimum, an annual summary of the
4    monthly information reported to the Chief Procurement
5    Officer. This exemption becomes inoperative 5 years after
6    June 25, 2019 (the effective date of Public Act 101-27).
7        (19) Acquisition of modifications or adjustments,
8    limited to assistive technology devices and assistive
9    technology services, adaptive equipment, repairs, and
10    replacement parts to provide reasonable accommodations (i)
11    that enable a qualified applicant with a disability to
12    complete the job application process and be considered for
13    the position such qualified applicant desires, (ii) that
14    modify or adjust the work environment to enable a
15    qualified current employee with a disability to perform
16    the essential functions of the position held by that
17    employee, (iii) to enable a qualified current employee
18    with a disability to enjoy equal benefits and privileges
19    of employment as are enjoyed by other similarly situated
20    employees without disabilities, and (iv) that allow a
21    customer, client, claimant, or member of the public
22    seeking State services full use and enjoyment of and
23    access to its programs, services, or benefits.
24        For purposes of this paragraph (19):
25        "Assistive technology devices" means any item, piece
26    of equipment, or product system, whether acquired

 

 

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1    commercially off the shelf, modified, or customized, that
2    is used to increase, maintain, or improve functional
3    capabilities of individuals with disabilities.
4        "Assistive technology services" means any service that
5    directly assists an individual with a disability in
6    selection, acquisition, or use of an assistive technology
7    device.
8        "Qualified" has the same meaning and use as provided
9    under the federal Americans with Disabilities Act when
10    describing an individual with a disability.
11        (20) Procurement expenditures necessary for the
12    Illinois Commerce Commission to hire third-party
13    facilitators pursuant to Sections 16-105.17 and 16-108.18
14    of the Public Utilities Act or an ombudsman pursuant to
15    Section 16-107.5 of the Public Utilities Act, a
16    facilitator pursuant to Section 16-105.17 of the Public
17    Utilities Act, or a grid auditor pursuant to Section
18    16-105.10 of the Public Utilities Act.
19        (21) Procurement expenditures for the purchase,
20    renewal, and expansion of software, software licenses, or
21    software maintenance agreements that support the efforts
22    of the Illinois State Police to enforce, regulate, and
23    administer the Firearm Owners Identification Card Act, the
24    Firearm Concealed Carry Act, the Firearms Restraining
25    Order Act, the Firearm Dealer License Certification Act,
26    the Law Enforcement Agencies Data System (LEADS), the

 

 

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1    Uniform Crime Reporting Act, the Criminal Identification
2    Act, the Illinois Uniform Conviction Information Act, and
3    the Gun Trafficking Information Act, or establish or
4    maintain record management systems necessary to conduct
5    human trafficking investigations or gun trafficking or
6    other stolen firearm investigations. This paragraph (21)
7    applies to contracts entered into on or after January 10,
8    2023 (the effective date of Public Act 102-1116) and the
9    renewal of contracts that are in effect on January 10,
10    2023 (the effective date of Public Act 102-1116).
11        (22) Contracts for project management services and
12    system integration services required for the completion of
13    the State's enterprise resource planning project. This
14    exemption becomes inoperative 5 years after June 7, 2023
15    (the effective date of the changes made to this Section by
16    Public Act 103-8). This paragraph (22) applies to
17    contracts entered into on or after June 7, 2023 (the
18    effective date of the changes made to this Section by
19    Public Act 103-8) and the renewal of contracts that are in
20    effect on June 7, 2023 (the effective date of the changes
21    made to this Section by Public Act 103-8).
22        (23) Procurements necessary for the Department of
23    Insurance to implement the Illinois Health Benefits
24    Exchange Law if the Department of Insurance has made a
25    good faith determination that it is necessary and
26    appropriate for the expenditure to fall within this

 

 

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1    exemption. The procurement process shall be conducted in a
2    manner substantially in accordance with the requirements
3    of Sections 20-160 and 25-60 and Article 50 of this Code. A
4    copy of these contracts shall be made available to the
5    Chief Procurement Officer immediately upon request. This
6    paragraph is inoperative 5 years after June 27, 2023 (the
7    effective date of Public Act 103-103).
8        (24) (22) Contracts for public education programming,
9    noncommercial sustaining announcements, public service
10    announcements, and public awareness and education
11    messaging with the nonprofit trade associations of the
12    providers of those services that inform the public on
13    immediate and ongoing health and safety risks and hazards.
14        (25) Contracts necessary for the creation of the
15    Department of Early Childhood and the implementation of
16    the Department's core mission are not subject to this
17    Code, provided that the process shall be conducted in a
18    manner substantially in accordance with the requirements
19    of the following sections of this Code: 20-160, 50-5,
20    50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
21    50-36, 50-37, 50-38, and 50-50. This Section becomes
22    inoperative on July 1, 2027.
23    Notwithstanding any other provision of law, for contracts
24with an annual value of more than $100,000 entered into on or
25after October 1, 2017 under an exemption provided in any
26paragraph of this subsection (b), except paragraph (1), (2),

 

 

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1or (5), each State agency shall post to the appropriate
2procurement bulletin the name of the contractor, a description
3of the supply or service provided, the total amount of the
4contract, the term of the contract, and the exception to the
5Code utilized. The chief procurement officer shall submit a
6report to the Governor and General Assembly no later than
7November 1 of each year that shall include, at a minimum, an
8annual summary of the monthly information reported to the
9chief procurement officer.
10    (c) This Code does not apply to the electric power
11procurement process provided for under Section 1-75 of the
12Illinois Power Agency Act and Section 16-111.5 of the Public
13Utilities Act. This Code does not apply to the procurement of
14technical and policy experts pursuant to Section 1-129 of the
15Illinois Power Agency Act.
16    (d) Except for Section 20-160 and Article 50 of this Code,
17and as expressly required by Section 9.1 of the Illinois
18Lottery Law, the provisions of this Code do not apply to the
19procurement process provided for under Section 9.1 of the
20Illinois Lottery Law.
21    (e) This Code does not apply to the process used by the
22Capital Development Board to retain a person or entity to
23assist the Capital Development Board with its duties related
24to the determination of costs of a clean coal SNG brownfield
25facility, as defined by Section 1-10 of the Illinois Power
26Agency Act, as required in subsection (h-3) of Section 9-220

 

 

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1of the Public Utilities Act, including calculating the range
2of capital costs, the range of operating and maintenance
3costs, or the sequestration costs or monitoring the
4construction of clean coal SNG brownfield facility for the
5full duration of construction.
6    (f) (Blank).
7    (g) (Blank).
8    (h) This Code does not apply to the process to procure or
9contracts entered into in accordance with Sections 11-5.2 and
1011-5.3 of the Illinois Public Aid Code.
11    (i) Each chief procurement officer may access records
12necessary to review whether a contract, purchase, or other
13expenditure is or is not subject to the provisions of this
14Code, unless such records would be subject to attorney-client
15privilege.
16    (j) This Code does not apply to the process used by the
17Capital Development Board to retain an artist or work or works
18of art as required in Section 14 of the Capital Development
19Board Act.
20    (k) This Code does not apply to the process to procure
21contracts, or contracts entered into, by the State Board of
22Elections or the State Electoral Board for hearing officers
23appointed pursuant to the Election Code.
24    (l) This Code does not apply to the processes used by the
25Illinois Student Assistance Commission to procure supplies and
26services paid for from the private funds of the Illinois

 

 

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1Prepaid Tuition Fund. As used in this subsection (l), "private
2funds" means funds derived from deposits paid into the
3Illinois Prepaid Tuition Trust Fund and the earnings thereon.
4    (m) This Code shall apply regardless of the source of
5funds with which contracts are paid, including federal
6assistance moneys. Except as specifically provided in this
7Code, this Code shall not apply to procurement expenditures
8necessary for the Department of Public Health to conduct the
9Healthy Illinois Survey in accordance with Section 2310-431 of
10the Department of Public Health Powers and Duties Law of the
11Civil Administrative Code of Illinois.
12(Source: P.A. 102-175, eff. 7-29-21; 102-483, eff 1-1-22;
13102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, eff.
149-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22;
15102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-103, eff.
166-27-23; 103-570, eff. 1-1-24; 103-580, eff. 12-8-23; revised
171-2-24.)
 
18    Section 90-30. The School Code is amended by changing
19Sections 1A-4, 1C-2, 1C-4, 1D-1, 2-3.47, 2-3.64a-10, 2-3.71,
202-3.71a, 2-3.79, 2-3.89, 10-22.6, 21B-50, 22-45, and 26-19 as
21follows:
 
22    (105 ILCS 5/1A-4)  (from Ch. 122, par. 1A-4)
23    Sec. 1A-4. Powers and duties of the Board.
24    A. (Blank).

 

 

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1    B. The Board shall determine the qualifications of and
2appoint a chief education officer, to be known as the State
3Superintendent of Education, who may be proposed by the
4Governor and who shall serve at the pleasure of the Board and
5pursuant to a performance-based contract linked to statewide
6student performance and academic improvement within Illinois
7schools. Upon expiration or buyout of the contract of the
8State Superintendent of Education in office on the effective
9date of this amendatory Act of the 93rd General Assembly, a
10State Superintendent of Education shall be appointed by a
11State Board of Education that includes the 7 new Board members
12who were appointed to fill seats of members whose terms were
13terminated on the effective date of this amendatory Act of the
1493rd General Assembly. Thereafter, a State Superintendent of
15Education must, at a minimum, be appointed at the beginning of
16each term of a Governor after that Governor has made
17appointments to the Board. A performance-based contract issued
18for the employment of a State Superintendent of Education
19entered into on or after the effective date of this amendatory
20Act of the 93rd General Assembly must expire no later than
21February 1, 2007, and subsequent contracts must expire no
22later than February 1 each 4 years thereafter. No contract
23shall be extended or renewed beyond February 1, 2007 and
24February 1 each 4 years thereafter, but a State Superintendent
25of Education shall serve until his or her successor is
26appointed. Each contract entered into on or before January 8,

 

 

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12007 with a State Superintendent of Education must provide
2that the State Board of Education may terminate the contract
3for cause, and the State Board of Education shall not
4thereafter be liable for further payments under the contract.
5With regard to this amendatory Act of the 93rd General
6Assembly, it is the intent of the General Assembly that,
7beginning with the Governor who takes office on the second
8Monday of January, 2007, a State Superintendent of Education
9be appointed at the beginning of each term of a Governor after
10that Governor has made appointments to the Board. The State
11Superintendent of Education shall not serve as a member of the
12State Board of Education. The Board shall set the compensation
13of the State Superintendent of Education who shall serve as
14the Board's chief executive officer. The Board shall also
15establish the duties, powers and responsibilities of the State
16Superintendent, which shall be included in the State
17Superintendent's performance-based contract along with the
18goals and indicators of student performance and academic
19improvement used to measure the performance and effectiveness
20of the State Superintendent. The State Board of Education may
21delegate to the State Superintendent of Education the
22authority to act on the Board's behalf, provided such
23delegation is made pursuant to adopted board policy or the
24powers delegated are ministerial in nature. The State Board
25may not delegate authority under this Section to the State
26Superintendent to (1) nonrecognize school districts, (2)

 

 

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1withhold State payments as a penalty, or (3) make final
2decisions under the contested case provisions of the Illinois
3Administrative Procedure Act unless otherwise provided by law.
4    C. The powers and duties of the State Board of Education
5shall encompass all duties delegated to the Office of
6Superintendent of Public Instruction on January 12, 1975,
7except as the law providing for such powers and duties is
8thereafter amended, and such other powers and duties as the
9General Assembly shall designate. The Board shall be
10responsible for the educational policies and guidelines for
11public schools, pre-school through grade 12 and Vocational
12Education in the State of Illinois. Beginning July 1, 2024,
13educational policies and guidelines pertaining to pre-school
14shall be done in consultation with the Department of Early
15Childhood. The Board shall analyze the present and future
16aims, needs, and requirements of education in the State of
17Illinois and recommend to the General Assembly the powers
18which should be exercised by the Board. The Board shall
19recommend the passage and the legislation necessary to
20determine the appropriate relationship between the Board and
21local boards of education and the various State agencies and
22shall recommend desirable modifications in the laws which
23affect schools.
24    D. Two members of the Board shall be appointed by the
25chairperson to serve on a standing joint Education Committee,
262 others shall be appointed from the Board of Higher

 

 

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1Education, 2 others shall be appointed by the chairperson of
2the Illinois Community College Board, and 2 others shall be
3appointed by the chairperson of the Human Resource Investment
4Council. The Committee shall be responsible for making
5recommendations concerning the submission of any workforce
6development plan or workforce training program required by
7federal law or under any block grant authority. The Committee
8will be responsible for developing policy on matters of mutual
9concern to elementary, secondary and higher education such as
10Occupational and Career Education, Teacher Preparation and
11Licensure, Educational Finance, Articulation between
12Elementary, Secondary and Higher Education and Research and
13Planning. The joint Education Committee shall meet at least
14quarterly and submit an annual report of its findings,
15conclusions, and recommendations to the State Board of
16Education, the Board of Higher Education, the Illinois
17Community College Board, the Human Resource Investment
18Council, the Governor, and the General Assembly. All meetings
19of this Committee shall be official meetings for reimbursement
20under this Act. On the effective date of this amendatory Act of
21the 95th General Assembly, the Joint Education Committee is
22abolished.
23    E. Five members of the Board shall constitute a quorum. A
24majority vote of the members appointed, confirmed and serving
25on the Board is required to approve any action, except that the
267 new Board members who were appointed to fill seats of members

 

 

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1whose terms were terminated on the effective date of this
2amendatory act of the 93rd General Assembly may vote to
3approve actions when appointed and serving.
4    F. Upon appointment of the 7 new Board members who were
5appointed to fill seats of members whose terms were terminated
6on the effective date of this amendatory Act of the 93rd
7General Assembly, the Board shall review all of its current
8rules in an effort to streamline procedures, improve
9efficiency, and eliminate unnecessary forms and paperwork.
10(Source: P.A. 102-894, eff. 5-20-22.)
 
11    (105 ILCS 5/1C-2)
12    Sec. 1C-2. Block grants.
13    (a) For fiscal year 1999, and each fiscal year thereafter
14through fiscal year 2026, the State Board of Education shall
15award to school districts block grants as described in
16subsection (c). The State Board of Education may adopt rules
17and regulations necessary to implement this Section. In
18accordance with Section 2-3.32, all state block grants are
19subject to an audit. Therefore, block grant receipts and block
20grant expenditures shall be recorded to the appropriate fund
21code.
22    (b) (Blank).
23    (c) An Early Childhood Education Block Grant shall be
24created by combining the following programs: Preschool
25Education, Parental Training and Prevention Initiative. These

 

 

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1funds shall be distributed to school districts and other
2entities on a competitive basis, except that the State Board
3of Education shall award to a school district having a
4population exceeding 500,000 inhabitants 37% of the funds in
5each fiscal year. Not less than 14% of the Early Childhood
6Education Block Grant allocation of funds shall be used to
7fund programs for children ages 0-3. Beginning in Fiscal Year
82016, at least 25% of any additional Early Childhood Education
9Block Grant funding over and above the previous fiscal year's
10allocation shall be used to fund programs for children ages
110-3. Once the percentage of Early Childhood Education Block
12Grant funding allocated to programs for children ages 0-3
13reaches 20% of the overall Early Childhood Education Block
14Grant allocation for a full fiscal year, thereafter in
15subsequent fiscal years the percentage of Early Childhood
16Education Block Grant funding allocated to programs for
17children ages 0-3 each fiscal year shall remain at least 20% of
18the overall Early Childhood Education Block Grant allocation.
19However, if, in a given fiscal year, the amount appropriated
20for the Early Childhood Education Block Grant is insufficient
21to increase the percentage of the grant to fund programs for
22children ages 0-3 without reducing the amount of the grant for
23existing providers of preschool education programs, then the
24percentage of the grant to fund programs for children ages 0-3
25may be held steady instead of increased.This subsection (c) is
26inoperative on and after July 1, 2026.

 

 

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1(Source: P.A. 99-589, eff. 7-21-16; 100-465, eff. 8-31-17.)
 
2    (105 ILCS 5/1C-4)
3    Sec. 1C-4. Reports. A school district that receives an
4Early Childhood Education Block Grant shall report to the
5State Board of Education on its use of the block grant in such
6form and detail as the State Board of Education may specify. In
7addition, the report must include the following description
8for the district, which must also be reported to the General
9Assembly: block grant allocation and expenditures by program;
10population and service levels by program; and administrative
11expenditures by program. The State Board of Education shall
12ensure that the reporting requirements for a district
13organized under Article 34 of this Code are the same as for all
14other school districts in this State.
15    This Section is repealed on July 1, 2026.
16(Source: P.A. 99-30, eff. 7-10-15.)
 
17    (105 ILCS 5/1D-1)
18    (Text of Section from P.A. 100-55)
19    Sec. 1D-1. Block grant funding.
20    (a) For fiscal year 1996 and each fiscal year thereafter,
21the State Board of Education shall award to a school district
22having a population exceeding 500,000 inhabitants a general
23education block grant and an educational services block grant,
24determined as provided in this Section, in lieu of

 

 

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1distributing to the district separate State funding for the
2programs described in subsections (b) and (c). The provisions
3of this Section, however, do not apply to any federal funds
4that the district is entitled to receive. In accordance with
5Section 2-3.32, all block grants are subject to an audit.
6Therefore, block grant receipts and block grant expenditures
7shall be recorded to the appropriate fund code for the
8designated block grant.
9    (b) The general education block grant shall include the
10following programs: REI Initiative, Summer Bridges, Preschool
11Education, K-6 Comprehensive Arts, School Improvement Support,
12Urban Education, Scientific Literacy, Substance Abuse
13Prevention, Second Language Planning, Staff Development,
14Outcomes and Assessment, K-6 Reading Improvement, 7-12
15Continued Reading Improvement, Truants' Optional Education,
16Hispanic Programs, Agriculture Education, Parental Training,
17Prevention Initiative, Report Cards, and Criminal Background
18Investigations. The general education block grant shall also
19include Preschool Education, Parental Training, and Prevention
20Initiative through June 30, 2026. Notwithstanding any other
21provision of law, all amounts paid under the general education
22block grant from State appropriations to a school district in
23a city having a population exceeding 500,000 inhabitants shall
24be appropriated and expended by the board of that district for
25any of the programs included in the block grant or any of the
26board's lawful purposes. Beginning in Fiscal Year 2018, at

 

 

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1least 25% of any additional Preschool Education, Parental
2Training, and Prevention Initiative program funding over and
3above the previous fiscal year's allocation shall be used to
4fund programs for children ages 0-3. Beginning in Fiscal Year
52018, funding for Preschool Education, Parental Training, and
6Prevention Initiative programs above the allocation for these
7programs in Fiscal Year 2017 must be used solely as a
8supplement for these programs and may not supplant funds
9received from other sources.
10    (b-5) Beginning in Fiscal Year 2027, the Department of
11Early Childhood shall award a block grant for Preschool
12Education, Parental Training, and Prevention Initiative to a
13school district having a population exceeding 500,000
14inhabitants. The grants are subject to audit. Therefore, block
15grant receipts and block grant expenditures shall be recorded
16to the appropriate fund code for the designated block grant.
17Notwithstanding any other provision of law, all amounts paid
18under the block grant from State appropriations to a school
19district in a city having a population exceeding 500,000
20inhabitants shall be appropriated and expended by the board of
21that district for any of the programs included in the block
22grant or any of the board's lawful purposes. The district is
23not required to file any application or other claim in order to
24receive the block grant to which it is entitled under this
25Section. The Department of Early Childhood shall make payments
26to the district of amounts due under the district's block

 

 

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1grant on a schedule determined by the Department. A school
2district to which this Section applies shall report to the
3Department of Early Childhood on its use of the block grant in
4such form and detail as the Department may specify. In
5addition, the report must include the following description
6for the district, which must also be reported to the General
7Assembly: block grant allocation and expenditures by program;
8population and service levels by program; and administrative
9expenditures by program. The Department shall ensure that the
10reporting requirements for the district are the same as for
11all other school districts in this State. Beginning in Fiscal
12Year 2018, at least 25% of any additional Preschool Education,
13Parental Training, and Prevention Initiative program funding
14over and above the previous fiscal year's allocation shall be
15used to fund programs for children ages 0-3. Beginning in
16Fiscal Year 2018, funding for Preschool Education, Parental
17Training, and Prevention Initiative programs above the
18allocation for these programs in Fiscal Year 2017 must be used
19solely as a supplement for these programs and may not supplant
20funds received from other sources. (b-10).
21    (c) The educational services block grant shall include the
22following programs: Regular and Vocational Transportation,
23State Lunch and Free Breakfast Program, Special Education
24(Personnel, Transportation, Orphanage, Private Tuition),
25funding for children requiring special education services,
26Summer School, Educational Service Centers, and

 

 

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1Administrator's Academy. This subsection (c) does not relieve
2the district of its obligation to provide the services
3required under a program that is included within the
4educational services block grant. It is the intention of the
5General Assembly in enacting the provisions of this subsection
6(c) to relieve the district of the administrative burdens that
7impede efficiency and accompany single-program funding. The
8General Assembly encourages the board to pursue mandate
9waivers pursuant to Section 2-3.25g.
10    The funding program included in the educational services
11block grant for funding for children requiring special
12education services in each fiscal year shall be treated in
13that fiscal year as a payment to the school district in respect
14of services provided or costs incurred in the prior fiscal
15year, calculated in each case as provided in this Section.
16Nothing in this Section shall change the nature of payments
17for any program that, apart from this Section, would be or,
18prior to adoption or amendment of this Section, was on the
19basis of a payment in a fiscal year in respect of services
20provided or costs incurred in the prior fiscal year,
21calculated in each case as provided in this Section.
22    (d) For fiscal year 1996 and each fiscal year thereafter,
23the amount of the district's block grants shall be determined
24as follows: (i) with respect to each program that is included
25within each block grant, the district shall receive an amount
26equal to the same percentage of the current fiscal year

 

 

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1appropriation made for that program as the percentage of the
2appropriation received by the district from the 1995 fiscal
3year appropriation made for that program, and (ii) the total
4amount that is due the district under the block grant shall be
5the aggregate of the amounts that the district is entitled to
6receive for the fiscal year with respect to each program that
7is included within the block grant that the State Board of
8Education shall award the district under this Section for that
9fiscal year. In the case of the Summer Bridges program, the
10amount of the district's block grant shall be equal to 44% of
11the amount of the current fiscal year appropriation made for
12that program.
13    (e) The district is not required to file any application
14or other claim in order to receive the block grants to which it
15is entitled under this Section. The State Board of Education
16shall make payments to the district of amounts due under the
17district's block grants on a schedule determined by the State
18Board of Education.
19    (f) A school district to which this Section applies shall
20report to the State Board of Education on its use of the block
21grants in such form and detail as the State Board of Education
22may specify. In addition, the report must include the
23following description for the district, which must also be
24reported to the General Assembly: block grant allocation and
25expenditures by program; population and service levels by
26program; and administrative expenditures by program. The State

 

 

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1Board of Education shall ensure that the reporting
2requirements for the district are the same as for all other
3school districts in this State.
4    (g) This paragraph provides for the treatment of block
5grants under Article 1C for purposes of calculating the amount
6of block grants for a district under this Section. Those block
7grants under Article 1C are, for this purpose, treated as
8included in the amount of appropriation for the various
9programs set forth in paragraph (b) above. The appropriation
10in each current fiscal year for each block grant under Article
111C shall be treated for these purposes as appropriations for
12the individual program included in that block grant. The
13proportion of each block grant so allocated to each such
14program included in it shall be the proportion which the
15appropriation for that program was of all appropriations for
16such purposes now in that block grant, in fiscal 1995.
17    Payments to the school district under this Section with
18respect to each program for which payments to school districts
19generally, as of the date of this amendatory Act of the 92nd
20General Assembly, are on a reimbursement basis shall continue
21to be made to the district on a reimbursement basis, pursuant
22to the provisions of this Code governing those programs.
23    (h) Notwithstanding any other provision of law, any school
24district receiving a block grant under this Section may
25classify all or a portion of the funds that it receives in a
26particular fiscal year from any block grant authorized under

 

 

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1this Code or from general State aid pursuant to Section
218-8.05 of this Code (other than supplemental general State
3aid) as funds received in connection with any funding program
4for which it is entitled to receive funds from the State in
5that fiscal year (including, without limitation, any funding
6program referred to in subsection (c) of this Section),
7regardless of the source or timing of the receipt. The
8district may not classify more funds as funds received in
9connection with the funding program than the district is
10entitled to receive in that fiscal year for that program. Any
11classification by a district must be made by a resolution of
12its board of education. The resolution must identify the
13amount of any block grant or general State aid to be classified
14under this subsection (h) and must specify the funding program
15to which the funds are to be treated as received in connection
16therewith. This resolution is controlling as to the
17classification of funds referenced therein. A certified copy
18of the resolution must be sent to the State Superintendent of
19Education. The resolution shall still take effect even though
20a copy of the resolution has not been sent to the State
21Superintendent of Education in a timely manner. No
22classification under this subsection (h) by a district shall
23affect the total amount or timing of money the district is
24entitled to receive under this Code. No classification under
25this subsection (h) by a district shall in any way relieve the
26district from or affect any requirements that otherwise would

 

 

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1apply with respect to the block grant as provided in this
2Section, including any accounting of funds by source,
3reporting expenditures by original source and purpose,
4reporting requirements, or requirements of provision of
5services.
6(Source: P.A. 100-55, eff. 8-11-17.)
 
7    (Text of Section from P.A. 100-465)
8    Sec. 1D-1. Block grant funding.
9    (a) For fiscal year 1996 through fiscal year 2017, the
10State Board of Education shall award to a school district
11having a population exceeding 500,000 inhabitants a general
12education block grant and an educational services block grant,
13determined as provided in this Section, in lieu of
14distributing to the district separate State funding for the
15programs described in subsections (b) and (c). The provisions
16of this Section, however, do not apply to any federal funds
17that the district is entitled to receive. In accordance with
18Section 2-3.32, all block grants are subject to an audit.
19Therefore, block grant receipts and block grant expenditures
20shall be recorded to the appropriate fund code for the
21designated block grant.
22    (b) The general education block grant shall include the
23following programs: REI Initiative, Summer Bridges, Preschool
24At Risk, K-6 Comprehensive Arts, School Improvement Support,
25Urban Education, Scientific Literacy, Substance Abuse

 

 

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1Prevention, Second Language Planning, Staff Development,
2Outcomes and Assessment, K-6 Reading Improvement, 7-12
3Continued Reading Improvement, Truants' Optional Education,
4Hispanic Programs, Agriculture Education, Parental Education,
5Prevention Initiative, Report Cards, and Criminal Background
6Investigations. The general education block grant shall also
7include Preschool Education, Parental Training, and Prevention
8Initiative through June 30, 2026. Notwithstanding any other
9provision of law, all amounts paid under the general education
10block grant from State appropriations to a school district in
11a city having a population exceeding 500,000 inhabitants shall
12be appropriated and expended by the board of that district for
13any of the programs included in the block grant or any of the
14board's lawful purposes.
15    (b-5) Beginning in Fiscal Year 2027, the Department of
16Early Childhood shall award a block grant for Preschool
17Education, Parental Training, and Prevention Initiative to a
18school district having a population exceeding 500,000
19inhabitants. The grants are subject to audit. Therefore, block
20grant receipts and block grant expenditures shall be recorded
21to the appropriate fund code for the designated block grant.
22Notwithstanding any other provision of law, all amounts paid
23under the block grant from State appropriations to a school
24district in a city having a population exceeding 500,000
25inhabitants shall be appropriated and expended by the board of
26that district for any of the programs included in the block

 

 

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1grant or any of the board's lawful purposes. The district is
2not required to file any application or other claim in order to
3receive the block grant to which it is entitled under this
4Section. The Department of Early Childhood shall make payments
5to the district of amounts due under the district's block
6grant on a schedule determined by the Department. A school
7district to which this Section applies shall report to the
8Department of Early Childhood on its use of the block grant in
9such form and detail as the Department may specify. In
10addition, the report must include the following description
11for the district, which must also be reported to the General
12Assembly: block grant allocation and expenditures by program;
13population and service levels by program; and administrative
14expenditures by program. The Department shall ensure that the
15reporting requirements for the district are the same as for
16all other school districts in this State. Beginning in Fiscal
17Year 2018, at least 25% of any additional Preschool Education,
18Parental Training, and Prevention Initiative program funding
19over and above the previous fiscal year's allocation shall be
20used to fund programs for children ages 0-3. Beginning in
21Fiscal Year 2018, funding for Preschool Education, Parental
22Training, and Prevention Initiative programs above the
23allocation for these programs in Fiscal Year 2017 must be used
24solely as a supplement for these programs and may not supplant
25funds received from other sources. (b-10).
26    (c) The educational services block grant shall include the

 

 

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1following programs: Regular and Vocational Transportation,
2State Lunch and Free Breakfast Program, Special Education
3(Personnel, Transportation, Orphanage, Private Tuition),
4funding for children requiring special education services,
5Summer School, Educational Service Centers, and
6Administrator's Academy. This subsection (c) does not relieve
7the district of its obligation to provide the services
8required under a program that is included within the
9educational services block grant. It is the intention of the
10General Assembly in enacting the provisions of this subsection
11(c) to relieve the district of the administrative burdens that
12impede efficiency and accompany single-program funding. The
13General Assembly encourages the board to pursue mandate
14waivers pursuant to Section 2-3.25g.
15    The funding program included in the educational services
16block grant for funding for children requiring special
17education services in each fiscal year shall be treated in
18that fiscal year as a payment to the school district in respect
19of services provided or costs incurred in the prior fiscal
20year, calculated in each case as provided in this Section.
21Nothing in this Section shall change the nature of payments
22for any program that, apart from this Section, would be or,
23prior to adoption or amendment of this Section, was on the
24basis of a payment in a fiscal year in respect of services
25provided or costs incurred in the prior fiscal year,
26calculated in each case as provided in this Section.

 

 

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1    (d) For fiscal year 1996 through fiscal year 2017, the
2amount of the district's block grants shall be determined as
3follows: (i) with respect to each program that is included
4within each block grant, the district shall receive an amount
5equal to the same percentage of the current fiscal year
6appropriation made for that program as the percentage of the
7appropriation received by the district from the 1995 fiscal
8year appropriation made for that program, and (ii) the total
9amount that is due the district under the block grant shall be
10the aggregate of the amounts that the district is entitled to
11receive for the fiscal year with respect to each program that
12is included within the block grant that the State Board of
13Education shall award the district under this Section for that
14fiscal year. In the case of the Summer Bridges program, the
15amount of the district's block grant shall be equal to 44% of
16the amount of the current fiscal year appropriation made for
17that program.
18    (e) The district is not required to file any application
19or other claim in order to receive the block grants to which it
20is entitled under this Section. The State Board of Education
21shall make payments to the district of amounts due under the
22district's block grants on a schedule determined by the State
23Board of Education.
24    (f) A school district to which this Section applies shall
25report to the State Board of Education on its use of the block
26grants in such form and detail as the State Board of Education

 

 

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1may specify. In addition, the report must include the
2following description for the district, which must also be
3reported to the General Assembly: block grant allocation and
4expenditures by program; population and service levels by
5program; and administrative expenditures by program. The State
6Board of Education shall ensure that the reporting
7requirements for the district are the same as for all other
8school districts in this State.
9    (g) Through fiscal year 2017, this paragraph provides for
10the treatment of block grants under Article 1C for purposes of
11calculating the amount of block grants for a district under
12this Section. Those block grants under Article 1C are, for
13this purpose, treated as included in the amount of
14appropriation for the various programs set forth in paragraph
15(b) above. The appropriation in each current fiscal year for
16each block grant under Article 1C shall be treated for these
17purposes as appropriations for the individual program included
18in that block grant. The proportion of each block grant so
19allocated to each such program included in it shall be the
20proportion which the appropriation for that program was of all
21appropriations for such purposes now in that block grant, in
22fiscal 1995.
23    Payments to the school district under this Section with
24respect to each program for which payments to school districts
25generally, as of the date of this amendatory Act of the 92nd
26General Assembly, are on a reimbursement basis shall continue

 

 

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1to be made to the district on a reimbursement basis, pursuant
2to the provisions of this Code governing those programs.
3    (h) Notwithstanding any other provision of law, any school
4district receiving a block grant under this Section may
5classify all or a portion of the funds that it receives in a
6particular fiscal year from any block grant authorized under
7this Code or from general State aid pursuant to Section
818-8.05 of this Code (other than supplemental general State
9aid) as funds received in connection with any funding program
10for which it is entitled to receive funds from the State in
11that fiscal year (including, without limitation, any funding
12program referred to in subsection (c) of this Section),
13regardless of the source or timing of the receipt. The
14district may not classify more funds as funds received in
15connection with the funding program than the district is
16entitled to receive in that fiscal year for that program. Any
17classification by a district must be made by a resolution of
18its board of education. The resolution must identify the
19amount of any block grant or general State aid to be classified
20under this subsection (h) and must specify the funding program
21to which the funds are to be treated as received in connection
22therewith. This resolution is controlling as to the
23classification of funds referenced therein. A certified copy
24of the resolution must be sent to the State Superintendent of
25Education. The resolution shall still take effect even though
26a copy of the resolution has not been sent to the State

 

 

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1Superintendent of Education in a timely manner. No
2classification under this subsection (h) by a district shall
3affect the total amount or timing of money the district is
4entitled to receive under this Code. No classification under
5this subsection (h) by a district shall in any way relieve the
6district from or affect any requirements that otherwise would
7apply with respect to the block grant as provided in this
8Section, including any accounting of funds by source,
9reporting expenditures by original source and purpose,
10reporting requirements, or requirements of provision of
11services.
12(Source: P.A. 100-465, eff. 8-31-17.)
 
13    (105 ILCS 5/2-3.47)  (from Ch. 122, par. 2-3.47)
14    Sec. 2-3.47. The State Board of Education shall annually
15submit a budget recommendation to the Governor and General
16Assembly that contains recommendations for funding for
17pre-school through grade 12 through Fiscal Year 2026. For
18Fiscal Year 2027, and annually thereafter, the State Board of
19Education shall submit a budget recommendation to the Governor
20and General Assembly that contains recommendations for funding
21for kindergarten through grade 12.
22(Source: P.A. 98-739, eff. 7-16-14.)
 
23    (105 ILCS 5/2-3.64a-10)
24    Sec. 2-3.64a-10. Kindergarten assessment.

 

 

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1    (a) For the purposes of this Section, "kindergarten"
2includes both full-day and half-day kindergarten programs.
3    (b) Beginning no later than the 2021-2022 school year, the
4State Board of Education shall annually assess all public
5school students entering kindergarten using a common
6assessment tool, unless the State Board determines that a
7student is otherwise exempt. The common assessment tool must
8assess multiple developmental domains, including literacy,
9language, mathematics, and social and emotional development.
10The assessment must be valid, reliable, and developmentally
11appropriate to formatively assess a child's development and
12readiness for kindergarten.
13    (c) Results from the assessment may be used by the school
14to understand the child's development and readiness for
15kindergarten, to tailor instruction, and to measure the
16child's progress over time. Assessment results may also be
17used to identify a need for the professional development of
18teachers and early childhood educators and to inform
19State-level and district-level policies and resource
20allocation.
21    The school shall make the assessment results available to
22the child's parent or guardian.
23    The assessment results may not be used (i) to prevent a
24child from enrolling in kindergarten or (ii) as the sole
25measure used in determining the grade promotion or retention
26of a student.

 

 

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1    (d) On an annual basis, the State Board shall report
2publicly, at a minimum, data from the assessment for the State
3overall and for each school district. The State Board's report
4must disaggregate data by race and ethnicity, household
5income, students who are English learners, and students who
6have an individualized education program.
7    (e) The State Superintendent of Education shall appoint a
8committee of no more than 22 21 members, including the
9Secretary of Early Childhood or the Secretary's designee,
10parents, teachers, school administrators, assessment experts,
11regional superintendents of schools, state policy advocates,
12early childhood administrators, and other stakeholders, to
13review, on an ongoing basis, the content and design of the
14assessment, the collective results of the assessment as
15measured against kindergarten-readiness standards, and other
16issues involving the assessment as identified by the
17committee.
18    The committee shall make periodic recommendations to the
19State Superintendent of Education and the General Assembly
20concerning the assessments.
21    (f) The State Board may adopt rules to implement and
22administer this Section.
23(Source: P.A. 101-654, eff. 3-8-21; 102-635, eff. 11-30-21
24(See Section 10 of P.A. 102-671 for effective date of P.A.
25102-209).)
 

 

 

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1    (105 ILCS 5/2-3.71)  (from Ch. 122, par. 2-3.71)
2    Sec. 2-3.71. Grants for preschool educational programs.
3    (a) Preschool program.
4        (1) Through June 30, 2026, the The State Board of
5    Education shall implement and administer a grant program
6    under the provisions of this subsection which shall
7    consist of grants to public school districts and other
8    eligible entities, as defined by the State Board of
9    Education, to conduct voluntary preschool educational
10    programs for children ages 3 to 5 which include a parent
11    education component. A public school district which
12    receives grants under this subsection may subcontract with
13    other entities that are eligible to conduct a preschool
14    educational program. These grants must be used to
15    supplement, not supplant, funds received from any other
16    source.
17        (1.5) On and after July 1, 2026, the Department of
18    Early Childhood shall implement and administer a grant
19    program for school districts and other eligible entities,
20    as defined by the Department, to conduct voluntary
21    preschool educational programs for children ages 3 to 5
22    which include a parent education component. A public
23    school district which receives grants under this
24    subsection may subcontract with other entities that are
25    eligible to conduct a preschool educational program. These
26    grants must be used to supplement, not supplant, funds

 

 

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1    received from any other source.
2        (2) (Blank).
3        (3) Except as otherwise provided under this subsection
4    (a), any teacher of preschool children in the program
5    authorized by this subsection shall hold a Professional
6    Educator License with an early childhood education
7    endorsement.
8        (3.5) Beginning with the 2018-2019 school year and
9    until the 2028-2029 school year, an individual may teach
10    preschool children in an early childhood program under
11    this Section if he or she holds a Professional Educator
12    License with an early childhood education endorsement or
13    with short-term approval for early childhood education or
14    he or she pursues a Professional Educator License and
15    holds any of the following:
16            (A) An ECE Credential Level of 5 awarded by the
17        Department of Human Services under the Gateways to
18        Opportunity Program developed under Section 10-70 of
19        the Department of Human Services Act.
20            (B) An Educator License with Stipulations with a
21        transitional bilingual educator endorsement and he or
22        she has (i) passed an early childhood education
23        content test or (ii) completed no less than 9 semester
24        hours of postsecondary coursework in the area of early
25        childhood education.
26        (4) (Blank).

 

 

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1        (4.5) Through June 30, 2026, the State Board of
2    Education shall provide the primary source of funding
3    through appropriations for the program. On and after July
4    1, 2026, the Department of Early Childhood shall provide
5    the primary source of funding through appropriations for
6    the program. The State Board of Education shall provide
7    the primary source of funding through appropriations for
8    the program. Such funds shall be distributed to achieve a
9    goal of "Preschool for All Children" for the benefit of
10    all children whose families choose to participate in the
11    program. Based on available appropriations, newly funded
12    programs shall be selected through a process giving first
13    priority to qualified programs serving primarily at-risk
14    children and second priority to qualified programs serving
15    primarily children with a family income of less than 4
16    times the poverty guidelines updated periodically in the
17    Federal Register by the U.S. Department of Health and
18    Human Services under the authority of 42 U.S.C. 9902(2).
19    For purposes of this paragraph (4.5), at-risk children are
20    those who because of their home and community environment
21    are subject to such language, cultural, economic and like
22    disadvantages to cause them to have been determined as a
23    result of screening procedures to be at risk of academic
24    failure. Through June 30, 2026, such screening procedures
25    shall be based on criteria established by the State Board
26    of Education. On and after July 1, 2026, such screening

 

 

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1    procedures shall be based on criteria established by the
2    Department of Early Childhood. Such screening procedures
3    shall be based on criteria established by the State Board
4    of Education.
5        Except as otherwise provided in this paragraph (4.5),
6    grantees under the program must enter into a memorandum of
7    understanding with the appropriate local Head Start
8    agency. This memorandum must be entered into no later than
9    3 months after the award of a grantee's grant under the
10    program, except that, in the case of the 2009-2010 program
11    year, the memorandum must be entered into no later than
12    the deadline set by the State Board of Education for
13    applications to participate in the program in fiscal year
14    2011, and must address collaboration between the grantee's
15    program and the local Head Start agency on certain issues,
16    which shall include without limitation the following:
17            (A) educational activities, curricular objectives,
18        and instruction;
19            (B) public information dissemination and access to
20        programs for families contacting programs;
21            (C) service areas;
22            (D) selection priorities for eligible children to
23        be served by programs;
24            (E) maximizing the impact of federal and State
25        funding to benefit young children;
26            (F) staff training, including opportunities for

 

 

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1        joint staff training;
2            (G) technical assistance;
3            (H) communication and parent outreach for smooth
4        transitions to kindergarten;
5            (I) provision and use of facilities,
6        transportation, and other program elements;
7            (J) facilitating each program's fulfillment of its
8        statutory and regulatory requirements;
9            (K) improving local planning and collaboration;
10        and
11            (L) providing comprehensive services for the
12        neediest Illinois children and families.
13    Through June 30, 2026, if If the appropriate local Head
14    Start agency is unable or unwilling to enter into a
15    memorandum of understanding as required under this
16    paragraph (4.5), the memorandum of understanding
17    requirement shall not apply and the grantee under the
18    program must notify the State Board of Education in
19    writing of the Head Start agency's inability or
20    unwillingness. The State Board of Education shall compile
21    all such written notices and make them available to the
22    public. On and after July 1, 2026, if the appropriate
23    local Head Start agency is unable or unwilling to enter
24    into a memorandum of understanding as required under this
25    paragraph (4.5), the memorandum of understanding
26    requirement shall not apply and the grantee under the

 

 

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1    program must notify the Department of Early Childhood in
2    writing of the Head Start agency's inability or
3    unwillingness. The Department of Early Childhood shall
4    compile all such written notices and make them available
5    to the public.
6        (5) Through June 30, 2026, the The State Board of
7    Education shall develop and provide evaluation tools,
8    including tests, that school districts and other eligible
9    entities may use to evaluate children for school readiness
10    prior to age 5. The State Board of Education shall require
11    school districts and other eligible entities to obtain
12    consent from the parents or guardians of children before
13    any evaluations are conducted. The State Board of
14    Education shall encourage local school districts and other
15    eligible entities to evaluate the population of preschool
16    children in their communities and provide preschool
17    programs, pursuant to this subsection, where appropriate.
18        (5.1) On and after July 1, 2026, the Department of
19    Early Childhood shall develop and provide evaluation
20    tools, including tests, that school districts and other
21    eligible entities may use to evaluate children for school
22    readiness prior to age 5. The Department of Early
23    Childhood shall require school districts and other
24    eligible entities to obtain consent from the parents or
25    guardians of children before any evaluations are
26    conducted. The Department of Early Childhood shall

 

 

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1    encourage local school districts and other eligible
2    entities to evaluate the population of preschool children
3    in their communities and provide preschool programs,
4    pursuant to this subsection, where appropriate.
5        (6) Through June 30, 2026, the The State Board of
6    Education shall report to the General Assembly by November
7    1, 2018 and every 2 years thereafter on the results and
8    progress of students who were enrolled in preschool
9    educational programs, including an assessment of which
10    programs have been most successful in promoting academic
11    excellence and alleviating academic failure. Through June
12    30, 2026, the The State Board of Education shall assess
13    the academic progress of all students who have been
14    enrolled in preschool educational programs.
15        Through fiscal year 2026, on On or before November 1
16    of each fiscal year in which the General Assembly provides
17    funding for new programs under paragraph (4.5) of this
18    Section, the State Board of Education shall report to the
19    General Assembly on what percentage of new funding was
20    provided to programs serving primarily at-risk children,
21    what percentage of new funding was provided to programs
22    serving primarily children with a family income of less
23    than 4 times the federal poverty level, and what
24    percentage of new funding was provided to other programs.
25        (6.1) On and after July 1, 2026, the Department of
26    Early Childhood shall report to the General Assembly by

 

 

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1    November 1, 2026 and every 2 years thereafter on the
2    results and progress of students who were enrolled in
3    preschool educational programs, including an assessment of
4    which programs have been most successful in promoting
5    academic excellence and alleviating academic failure. On
6    and after July 1, 2026, the Department of Early Childhood
7    shall assess the academic progress of all students who
8    have been enrolled in preschool educational programs.
9    Beginning in fiscal year 2027, on or before November 1 of
10    each fiscal year in which the General Assembly provides
11    funding for new programs under paragraph (4.5) of this
12    Section, the Department of Early Childhood shall report to
13    the General Assembly on what percentage of new funding was
14    provided to programs serving primarily at-risk children,
15    what percentage of new funding was provided to programs
16    serving primarily children with a family income of less
17    than 4 times the federal poverty level, and what
18    percentage of new funding was provided to 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
19        his 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        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 Beginning on July 1,
20        2018, early childhood programs shall annually report
21        to the State Board of Education, and, beginning in
22        fiscal year 2020, the State Board of Education shall
23        make available on a biennial basis, in an existing
24        report, all of the following data for children from
25        birth to age 5 who are 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 State Board of
23    Education, in consultation with the Governor's Office of
24    Early Childhood Development and the Department of Children
25    and Family Services, shall adopt rules to administer this
26    paragraph (7).

 

 

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1    (b) (Blank).
2    (c) Notwithstanding any other provisions of this Section,
3grantees may serve children ages 0 to 12 of essential workers
4if the Governor has declared a disaster due to a public health
5emergency pursuant to Section 7 of the Illinois Emergency
6Management Agency Act. For the purposes of this subsection,
7essential workers include those outlined in Executive Order
820-8 and school employees. The State Board of Education shall
9adopt rules to administer this subsection.
10    (d) Paragraphs (a)(1), (a)(1.5), (a)(4.5), (a)(5),
11(a)(5.1), (a)(6), and (a)(7) and subsection (c) of this
12Section are inoperative on and after July 1, 2026.
13(Source: P.A. 103-111, eff. 6-29-23.)
 
14    (105 ILCS 5/2-3.71a)  (from Ch. 122, par. 2-3.71a)
15    Sec. 2-3.71a. Grants for early childhood parental training
16programs. The State Board of Education shall implement and
17administer a grant program consisting of grants to public
18school districts and other eligible entities, as defined by
19the State Board of Education, to conduct early childhood
20parental training programs for the parents of children in the
21period of life from birth to kindergarten. A public school
22district that receives grants under this Section may contract
23with other eligible entities to conduct an early childhood
24parental training program. These grants must be used to
25supplement, not supplant, funds received from any other

 

 

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1source. A school board or other eligible entity shall employ
2appropriately qualified personnel for its early childhood
3parental training program, including but not limited to
4certified teachers, counselors, psychiatrists, psychologists
5and social workers.
6    (a) As used in this Section, "parental training" means and
7includes instruction in the following:
8        (1) Child growth and development, including prenatal
9    development.
10        (2) Childbirth and child care.
11        (3) Family structure, function and management.
12        (4) Prenatal and postnatal care for mothers and
13    infants.
14        (5) Prevention of child abuse.
15        (6) The physical, mental, emotional, social, economic
16    and psychological aspects of interpersonal and family
17    relationships.
18        (7) Parenting skill development.
19    The programs shall include activities that require
20substantial participation and interaction between parent and
21child.
22    (b) The Board shall annually award funds through a grant
23approval process established by the State Board of Education,
24providing that an annual appropriation is made for this
25purpose from State, federal or private funds. Nothing in this
26Section shall preclude school districts from applying for or

 

 

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1accepting private funds to establish and implement programs.
2    (c) The State Board of Education shall assist those
3districts and other eligible entities offering early childhood
4parental training programs, upon request, in developing
5instructional materials, training teachers and staff, and
6establishing appropriate time allotments for each of the areas
7included in such instruction.
8    (d) School districts and other eligible entities may offer
9early childhood parental training courses during that period
10of the day which is not part of the regular school day.
11Residents of the community may enroll in such courses. The
12school board or other eligible entity may establish fees and
13collect such charges as may be necessary for attendance at
14such courses in an amount not to exceed the per capita cost of
15the operation thereof, except that the board or other eligible
16entity may waive all or part of such charges if it determines
17that the parent is indigent or that the educational needs of
18the parent require his or her attendance at such courses.
19    (e) Parents who participate in early childhood parental
20training programs under this Section may be eligible for
21reasonable reimbursement of any incidental transportation and
22child care expenses from the school district receiving funds
23pursuant to this Section.
24    (f) Districts and other eligible entities receiving grants
25pursuant to this Section shall coordinate programs created
26under this Section with other preschool educational programs,

 

 

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1including "at-risk" preschool programs, special and vocational
2education, and related services provided by other governmental
3agencies and not-for-profit agencies.
4    (g) The State Board of Education shall report to the
5General Assembly by July 1, 1991, on the results of the
6programs funded pursuant to this Section and whether a need
7continues for such programs.
8    (h) After July 1, 2006, any parental training services
9funded pursuant to this Section on the effective date of this
10amendatory Act of the 94th General Assembly shall continue to
11be funded pursuant to this Section, subject to appropriation
12and the meeting of program standards. Any additional parental
13training services must be funded, subject to appropriation,
14through preschool education grants pursuant to subdivision (4)
15of subsection (a) of Section 2-3.71 of this Code for families
16with children ages 3 to 5 and through prevention initiative
17grants pursuant to subsection (b) of Section 2-3.89 of this
18Code for expecting families and those with children from birth
19to 3 years of age.
20    (i) Early childhood programs under this Section are
21subject to the requirements under paragraph (7) of subsection
22(a) of Section 2-3.71 of this Code.
23    (j) This Section is repealed on July 1, 2026.
24(Source: P.A. 100-105, eff. 1-1-18.)
 
25    (105 ILCS 5/2-3.79)  (from Ch. 122, par. 2-3.79)

 

 

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1    Sec. 2-3.79. Pilot programs and special education services
2for preschool children with disabilities from birth to age 3.
3The State Board of Education may enter into contracts with
4public or not-for-profit private organizations or agencies to
5establish model pilot programs which provide services to
6children with disabilities from birth up to the age of 3 years.
7Annual grants shall be awarded on a competitive basis pursuant
8to established criteria provided that there is an annual
9appropriation for this purpose. Public or not-for-profit
10private organizations or agencies that are providing services
11to children with disabilities up to the age of 3 years prior to
12September 22, 1985 are eligible to receive grants awarded
13pursuant to this Section.
14    Each pilot program shall include, but not be limited to: a
15process for identification of infants with disabilities in the
16region; community awareness of the project and the services
17provided; an intervention system; methods to assess and
18diagnose infants with disabilities; written individual
19treatment programs that include parental involvement; an
20interdisciplinary treatment approach to include other agencies
21and not-for-profit organizations; and a written evaluation
22submitted to the State Board of Education at the end of the
23grant period.
24    An Interagency Coordination Council shall be established
25consisting of a representative of the State Superintendent of
26Education who shall serve as chairman, and one representative

 

 

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1from the following departments appointed by the respective
2directors or secretary: Children and Family Services, Public
3Health, Human Services, Public Aid, and the Division of
4Specialized Care for Children of the University of Illinois.
5The council shall recommend criteria to the State Board of
6Education for the awarding of grants pursuant to this Section
7and shall assist in coordinating the services provided by
8agencies to the children with disabilities described in this
9Section.
10    A report containing recommendations concerning all of the
11pilot programs shall be submitted by the State Board of
12Education to the General Assembly by January of 1989. The
13report which shall analyze the results of the pilot programs
14funded under this Section and make recommendations concerning
15existing and proposed programs shall include, but not be
16limited to: recommendations for staff licensure and
17qualifications; the number of children and families eligible
18for services statewide; the cost of serving the children and
19their families; the types of services to be provided; and
20designs for the most effective delivery systems of these
21services.
22    This Section is repealed on July 1, 2026.
23(Source: P.A. 89-397, eff. 8-20-95; 89-507, eff. 7-1-97.)
 
24    (105 ILCS 5/2-3.89)  (from Ch. 122, par. 2-3.89)
25    Sec. 2-3.89. Programs concerning services to at-risk

 

 

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1children and their families.
2    (a) The State Board of Education may provide grants to
3eligible entities, as defined by the State Board of Education,
4to establish programs which offer coordinated services to
5at-risk infants and toddlers and their families. Each program
6shall include a parent education program relating to the
7development and nurturing of infants and toddlers and case
8management services to coordinate existing services available
9in the region served by the program. These services shall be
10provided through the implementation of an individual family
11service plan. Each program will have a community involvement
12component to provide coordination in the service system.
13    (b) The State Board of Education shall administer the
14programs through the grants to public school districts and
15other eligible entities. These grants must be used to
16supplement, not supplant, funds received from any other
17source. School districts and other eligible entities receiving
18grants pursuant to this Section shall conduct voluntary,
19intensive, research-based, and comprehensive prevention
20services, as defined by the State Board of Education, for
21expecting parents and families with children from birth to age
223 who are at-risk of academic failure. A public school
23district that receives a grant under this Section may
24subcontract with other eligible entities.
25    (c) The State Board of Education shall report to the
26General Assembly by July 1, 2006 and every 2 years thereafter,

 

 

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1using the most current data available, on the status of
2programs funded under this Section, including without
3limitation characteristics of participants, services
4delivered, program models used, unmet needs, and results of
5the programs funded.
6(Source: P.A. 96-734, eff. 8-25-09.)
 
7    (105 ILCS 5/10-22.6)  (from Ch. 122, par. 10-22.6)
8    (Text of Section before amendment by P.A. 102-466)
9    Sec. 10-22.6. Suspension or expulsion of pupils; school
10searches.
11    (a) To expel pupils guilty of gross disobedience or
12misconduct, including gross disobedience or misconduct
13perpetuated by electronic means, pursuant to subsection (b-20)
14of this Section, and no action shall lie against them for such
15expulsion. Expulsion shall take place only after the parents
16have been requested to appear at a meeting of the board, or
17with a hearing officer appointed by it, to discuss their
18child's behavior. Such request shall be made by registered or
19certified mail and shall state the time, place and purpose of
20the meeting. The board, or a hearing officer appointed by it,
21at such meeting shall state the reasons for dismissal and the
22date on which the expulsion is to become effective. If a
23hearing officer is appointed by the board, he shall report to
24the board a written summary of the evidence heard at the
25meeting and the board may take such action thereon as it finds

 

 

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1appropriate. If the board acts to expel a pupil, the written
2expulsion decision shall detail the specific reasons why
3removing the pupil from the learning environment is in the
4best interest of the school. The expulsion decision shall also
5include a rationale as to the specific duration of the
6expulsion. An expelled pupil may be immediately transferred to
7an alternative program in the manner provided in Article 13A
8or 13B of this Code. A pupil must not be denied transfer
9because of the expulsion, except in cases in which such
10transfer is deemed to cause a threat to the safety of students
11or staff in the alternative program.
12    (b) To suspend or by policy to authorize the
13superintendent of the district or the principal, assistant
14principal, or dean of students of any school to suspend pupils
15guilty of gross disobedience or misconduct, or to suspend
16pupils guilty of gross disobedience or misconduct on the
17school bus from riding the school bus, pursuant to subsections
18(b-15) and (b-20) of this Section, and no action shall lie
19against them for such suspension. The board may by policy
20authorize the superintendent of the district or the principal,
21assistant principal, or dean of students of any school to
22suspend pupils guilty of such acts for a period not to exceed
2310 school days. If a pupil is suspended due to gross
24disobedience or misconduct on a school bus, the board may
25suspend the pupil in excess of 10 school days for safety
26reasons.

 

 

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1    Any suspension shall be reported immediately to the
2parents or guardian of a pupil along with a full statement of
3the reasons for such suspension and a notice of their right to
4a review. The school board must be given a summary of the
5notice, including the reason for the suspension and the
6suspension length. Upon request of the parents or guardian,
7the school board or a hearing officer appointed by it shall
8review such action of the superintendent or principal,
9assistant principal, or dean of students. At such review, the
10parents or guardian of the pupil may appear and discuss the
11suspension with the board or its hearing officer. If a hearing
12officer is appointed by the board, he shall report to the board
13a written summary of the evidence heard at the meeting. After
14its hearing or upon receipt of the written report of its
15hearing officer, the board may take such action as it finds
16appropriate. If a student is suspended pursuant to this
17subsection (b), the board shall, in the written suspension
18decision, detail the specific act of gross disobedience or
19misconduct resulting in the decision to suspend. The
20suspension decision shall also include a rationale as to the
21specific duration of the suspension. A pupil who is suspended
22in excess of 20 school days may be immediately transferred to
23an alternative program in the manner provided in Article 13A
24or 13B of this Code. A pupil must not be denied transfer
25because of the suspension, except in cases in which such
26transfer is deemed to cause a threat to the safety of students

 

 

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1or staff in the alternative program.
2    (b-5) Among the many possible disciplinary interventions
3and consequences available to school officials, school
4exclusions, such as out-of-school suspensions and expulsions,
5are the most serious. School officials shall limit the number
6and duration of expulsions and suspensions to the greatest
7extent practicable, and it is recommended that they use them
8only for legitimate educational purposes. To ensure that
9students are not excluded from school unnecessarily, it is
10recommended that school officials consider forms of
11non-exclusionary discipline prior to using out-of-school
12suspensions or expulsions.
13    (b-10) Unless otherwise required by federal law or this
14Code, school boards may not institute zero-tolerance policies
15by which school administrators are required to suspend or
16expel students for particular behaviors.
17    (b-15) Out-of-school suspensions of 3 days or less may be
18used only if the student's continuing presence in school would
19pose a threat to school safety or a disruption to other
20students' learning opportunities. For purposes of this
21subsection (b-15), "threat to school safety or a disruption to
22other students' learning opportunities" shall be determined on
23a case-by-case basis by the school board or its designee.
24School officials shall make all reasonable efforts to resolve
25such threats, address such disruptions, and minimize the
26length of suspensions to the greatest extent practicable.

 

 

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1    (b-20) Unless otherwise required by this Code,
2out-of-school suspensions of longer than 3 days, expulsions,
3and disciplinary removals to alternative schools may be used
4only if other appropriate and available behavioral and
5disciplinary interventions have been exhausted and the
6student's continuing presence in school would either (i) pose
7a threat to the safety of other students, staff, or members of
8the school community or (ii) substantially disrupt, impede, or
9interfere with the operation of the school. For purposes of
10this subsection (b-20), "threat to the safety of other
11students, staff, or members of the school community" and
12"substantially disrupt, impede, or interfere with the
13operation of the school" shall be determined on a case-by-case
14basis by school officials. For purposes of this subsection
15(b-20), the determination of whether "appropriate and
16available behavioral and disciplinary interventions have been
17exhausted" shall be made by school officials. School officials
18shall make all reasonable efforts to resolve such threats,
19address such disruptions, and minimize the length of student
20exclusions to the greatest extent practicable. Within the
21suspension decision described in subsection (b) of this
22Section or the expulsion decision described in subsection (a)
23of this Section, it shall be documented whether other
24interventions were attempted or whether it was determined that
25there were no other appropriate and available interventions.
26    (b-25) Students who are suspended out-of-school for longer

 

 

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1than 4 school days shall be provided appropriate and available
2support services during the period of their suspension. For
3purposes of this subsection (b-25), "appropriate and available
4support services" shall be determined by school authorities.
5Within the suspension decision described in subsection (b) of
6this Section, it shall be documented whether such services are
7to be provided or whether it was determined that there are no
8such appropriate and available services.
9    A school district may refer students who are expelled to
10appropriate and available support services.
11    A school district shall create a policy to facilitate the
12re-engagement of students who are suspended out-of-school,
13expelled, or returning from an alternative school setting.
14    (b-30) A school district shall create a policy by which
15suspended pupils, including those pupils suspended from the
16school bus who do not have alternate transportation to school,
17shall have the opportunity to make up work for equivalent
18academic credit. It shall be the responsibility of a pupil's
19parent or guardian to notify school officials that a pupil
20suspended from the school bus does not have alternate
21transportation to school.
22    (c) A school board must invite a representative from a
23local mental health agency to consult with the board at the
24meeting whenever there is evidence that mental illness may be
25the cause of a student's expulsion or suspension.
26    (c-5) School districts shall make reasonable efforts to

 

 

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1provide ongoing professional development to teachers,
2administrators, school board members, school resource
3officers, and staff on the adverse consequences of school
4exclusion and justice-system involvement, effective classroom
5management strategies, culturally responsive discipline, the
6appropriate and available supportive services for the
7promotion of student attendance and engagement, and
8developmentally appropriate disciplinary methods that promote
9positive and healthy school climates.
10    (d) The board may expel a student for a definite period of
11time not to exceed 2 calendar years, as determined on a
12case-by-case basis. A student who is determined to have
13brought one of the following objects to school, any
14school-sponsored activity or event, or any activity or event
15that bears a reasonable relationship to school shall be
16expelled for a period of not less than one year:
17        (1) A firearm. For the purposes of this Section,
18    "firearm" means any gun, rifle, shotgun, weapon as defined
19    by Section 921 of Title 18 of the United States Code,
20    firearm as defined in Section 1.1 of the Firearm Owners
21    Identification Card Act, or firearm as defined in Section
22    24-1 of the Criminal Code of 2012. The expulsion period
23    under this subdivision (1) may be modified by the
24    superintendent, and the superintendent's determination may
25    be modified by the board on a case-by-case basis.
26        (2) A knife, brass knuckles or other knuckle weapon

 

 

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1    regardless of its composition, a billy club, or any other
2    object if used or attempted to be used to cause bodily
3    harm, including "look alikes" of any firearm as defined in
4    subdivision (1) of this subsection (d). The expulsion
5    requirement under this subdivision (2) may be modified by
6    the superintendent, and the superintendent's determination
7    may be modified by the board on a case-by-case basis.
8Expulsion or suspension shall be construed in a manner
9consistent with the federal Individuals with Disabilities
10Education Act. A student who is subject to suspension or
11expulsion as provided in this Section may be eligible for a
12transfer to an alternative school program in accordance with
13Article 13A of the School Code.
14    (d-5) The board may suspend or by regulation authorize the
15superintendent of the district or the principal, assistant
16principal, or dean of students of any school to suspend a
17student for a period not to exceed 10 school days or may expel
18a student for a definite period of time not to exceed 2
19calendar years, as determined on a case-by-case basis, if (i)
20that student has been determined to have made an explicit
21threat on an Internet website against a school employee, a
22student, or any school-related personnel, (ii) the Internet
23website through which the threat was made is a site that was
24accessible within the school at the time the threat was made or
25was available to third parties who worked or studied within
26the school grounds at the time the threat was made, and (iii)

 

 

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1the threat could be reasonably interpreted as threatening to
2the safety and security of the threatened individual because
3of his or her duties or employment status or status as a
4student inside the school.
5    (e) To maintain order and security in the schools, school
6authorities may inspect and search places and areas such as
7lockers, desks, parking lots, and other school property and
8equipment owned or controlled by the school, as well as
9personal effects left in those places and areas by students,
10without notice to or the consent of the student, and without a
11search warrant. As a matter of public policy, the General
12Assembly finds that students have no reasonable expectation of
13privacy in these places and areas or in their personal effects
14left in these places and areas. School authorities may request
15the assistance of law enforcement officials for the purpose of
16conducting inspections and searches of lockers, desks, parking
17lots, and other school property and equipment owned or
18controlled by the school for illegal drugs, weapons, or other
19illegal or dangerous substances or materials, including
20searches conducted through the use of specially trained dogs.
21If a search conducted in accordance with this Section produces
22evidence that the student has violated or is violating either
23the law, local ordinance, or the school's policies or rules,
24such evidence may be seized by school authorities, and
25disciplinary action may be taken. School authorities may also
26turn over such evidence to law enforcement authorities.

 

 

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1    (f) Suspension or expulsion may include suspension or
2expulsion from school and all school activities and a
3prohibition from being present on school grounds.
4    (g) A school district may adopt a policy providing that if
5a student is suspended or expelled for any reason from any
6public or private school in this or any other state, the
7student must complete the entire term of the suspension or
8expulsion in an alternative school program under Article 13A
9of this Code or an alternative learning opportunities program
10under Article 13B of this Code before being admitted into the
11school district if there is no threat to the safety of students
12or staff in the alternative program.
13    (h) School officials shall not advise or encourage
14students to drop out voluntarily due to behavioral or academic
15difficulties.
16    (i) A student may not be issued a monetary fine or fee as a
17disciplinary consequence, though this shall not preclude
18requiring a student to provide restitution for lost, stolen,
19or damaged property.
20    (j) Subsections (a) through (i) of this Section shall
21apply to elementary and secondary schools, charter schools,
22special charter districts, and school districts organized
23under Article 34 of this Code.
24    (k) The expulsion of children enrolled in programs funded
25under Section 1C-2 of this Code is subject to the requirements
26under paragraph (7) of subsection (a) of Section 2-3.71 of

 

 

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1this Code.
2    (l) Beginning with the 2018-2019 school year, an in-school
3suspension program provided by a school district for any
4students in kindergarten through grade 12 may focus on
5promoting non-violent conflict resolution and positive
6interaction with other students and school personnel. A school
7district may employ a school social worker or a licensed
8mental health professional to oversee an in-school suspension
9program in kindergarten through grade 12.
10(Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21;
11102-813, eff. 5-13-22.)
 
12    (Text of Section after amendment by P.A. 102-466)
13    Sec. 10-22.6. Suspension or expulsion of pupils; school
14searches.
15    (a) To expel pupils guilty of gross disobedience or
16misconduct, including gross disobedience or misconduct
17perpetuated by electronic means, pursuant to subsection (b-20)
18of this Section, and no action shall lie against them for such
19expulsion. Expulsion shall take place only after the parents
20or guardians have been requested to appear at a meeting of the
21board, or with a hearing officer appointed by it, to discuss
22their child's behavior. Such request shall be made by
23registered or certified mail and shall state the time, place
24and purpose of the meeting. The board, or a hearing officer
25appointed by it, at such meeting shall state the reasons for

 

 

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1dismissal and the date on which the expulsion is to become
2effective. If a hearing officer is appointed by the board, he
3shall report to the board a written summary of the evidence
4heard at the meeting and the board may take such action thereon
5as it finds appropriate. If the board acts to expel a pupil,
6the written expulsion decision shall detail the specific
7reasons why removing the pupil from the learning environment
8is in the best interest of the school. The expulsion decision
9shall also include a rationale as to the specific duration of
10the expulsion. An expelled pupil may be immediately
11transferred to an alternative program in the manner provided
12in Article 13A or 13B of this Code. A pupil must not be denied
13transfer because of the expulsion, except in cases in which
14such transfer is deemed to cause a threat to the safety of
15students or staff in the alternative program.
16    (b) To suspend or by policy to authorize the
17superintendent of the district or the principal, assistant
18principal, or dean of students of any school to suspend pupils
19guilty of gross disobedience or misconduct, or to suspend
20pupils guilty of gross disobedience or misconduct on the
21school bus from riding the school bus, pursuant to subsections
22(b-15) and (b-20) of this Section, and no action shall lie
23against them for such suspension. The board may by policy
24authorize the superintendent of the district or the principal,
25assistant principal, or dean of students of any school to
26suspend pupils guilty of such acts for a period not to exceed

 

 

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110 school days. If a pupil is suspended due to gross
2disobedience or misconduct on a school bus, the board may
3suspend the pupil in excess of 10 school days for safety
4reasons.
5    Any suspension shall be reported immediately to the
6parents or guardians of a pupil along with a full statement of
7the reasons for such suspension and a notice of their right to
8a review. The school board must be given a summary of the
9notice, including the reason for the suspension and the
10suspension length. Upon request of the parents or guardians,
11the school board or a hearing officer appointed by it shall
12review such action of the superintendent or principal,
13assistant principal, or dean of students. At such review, the
14parents or guardians of the pupil may appear and discuss the
15suspension with the board or its hearing officer. If a hearing
16officer is appointed by the board, he shall report to the board
17a written summary of the evidence heard at the meeting. After
18its hearing or upon receipt of the written report of its
19hearing officer, the board may take such action as it finds
20appropriate. If a student is suspended pursuant to this
21subsection (b), the board shall, in the written suspension
22decision, detail the specific act of gross disobedience or
23misconduct resulting in the decision to suspend. The
24suspension decision shall also include a rationale as to the
25specific duration of the suspension. A pupil who is suspended
26in excess of 20 school days may be immediately transferred to

 

 

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1an alternative program in the manner provided in Article 13A
2or 13B of this Code. A pupil must not be denied transfer
3because of the suspension, except in cases in which such
4transfer is deemed to cause a threat to the safety of students
5or staff in the alternative program.
6    (b-5) Among the many possible disciplinary interventions
7and consequences available to school officials, school
8exclusions, such as out-of-school suspensions and expulsions,
9are the most serious. School officials shall limit the number
10and duration of expulsions and suspensions to the greatest
11extent practicable, and it is recommended that they use them
12only for legitimate educational purposes. To ensure that
13students are not excluded from school unnecessarily, it is
14recommended that school officials consider forms of
15non-exclusionary discipline prior to using out-of-school
16suspensions or expulsions.
17    (b-10) Unless otherwise required by federal law or this
18Code, school boards may not institute zero-tolerance policies
19by which school administrators are required to suspend or
20expel students for particular behaviors.
21    (b-15) Out-of-school suspensions of 3 days or less may be
22used only if the student's continuing presence in school would
23pose a threat to school safety or a disruption to other
24students' learning opportunities. For purposes of this
25subsection (b-15), "threat to school safety or a disruption to
26other students' learning opportunities" shall be determined on

 

 

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1a case-by-case basis by the school board or its designee.
2School officials shall make all reasonable efforts to resolve
3such threats, address such disruptions, and minimize the
4length of suspensions to the greatest extent practicable.
5    (b-20) Unless otherwise required by this Code,
6out-of-school suspensions of longer than 3 days, expulsions,
7and disciplinary removals to alternative schools may be used
8only if other appropriate and available behavioral and
9disciplinary interventions have been exhausted and the
10student's continuing presence in school would either (i) pose
11a threat to the safety of other students, staff, or members of
12the school community or (ii) substantially disrupt, impede, or
13interfere with the operation of the school. For purposes of
14this subsection (b-20), "threat to the safety of other
15students, staff, or members of the school community" and
16"substantially disrupt, impede, or interfere with the
17operation of the school" shall be determined on a case-by-case
18basis by school officials. For purposes of this subsection
19(b-20), the determination of whether "appropriate and
20available behavioral and disciplinary interventions have been
21exhausted" shall be made by school officials. School officials
22shall make all reasonable efforts to resolve such threats,
23address such disruptions, and minimize the length of student
24exclusions to the greatest extent practicable. Within the
25suspension decision described in subsection (b) of this
26Section or the expulsion decision described in subsection (a)

 

 

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1of this Section, it shall be documented whether other
2interventions were attempted or whether it was determined that
3there were no other appropriate and available interventions.
4    (b-25) Students who are suspended out-of-school for longer
5than 4 school days shall be provided appropriate and available
6support services during the period of their suspension. For
7purposes of this subsection (b-25), "appropriate and available
8support services" shall be determined by school authorities.
9Within the suspension decision described in subsection (b) of
10this Section, it shall be documented whether such services are
11to be provided or whether it was determined that there are no
12such appropriate and available services.
13    A school district may refer students who are expelled to
14appropriate and available support services.
15    A school district shall create a policy to facilitate the
16re-engagement of students who are suspended out-of-school,
17expelled, or returning from an alternative school setting.
18    (b-30) A school district shall create a policy by which
19suspended pupils, including those pupils suspended from the
20school bus who do not have alternate transportation to school,
21shall have the opportunity to make up work for equivalent
22academic credit. It shall be the responsibility of a pupil's
23parents or guardians to notify school officials that a pupil
24suspended from the school bus does not have alternate
25transportation to school.
26    (b-35) In all suspension review hearings conducted under

 

 

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1subsection (b) or expulsion hearings conducted under
2subsection (a), a student may disclose any factor to be
3considered in mitigation, including his or her status as a
4parent, expectant parent, or victim of domestic or sexual
5violence, as defined in Article 26A. A representative of the
6parent's or guardian's choice, or of the student's choice if
7emancipated, must be permitted to represent the student
8throughout the proceedings and to address the school board or
9its appointed hearing officer. With the approval of the
10student's parent or guardian, or of the student if
11emancipated, a support person must be permitted to accompany
12the student to any disciplinary hearings or proceedings. The
13representative or support person must comply with any rules of
14the school district's hearing process. If the representative
15or support person violates the rules or engages in behavior or
16advocacy that harasses, abuses, or intimidates either party, a
17witness, or anyone else in attendance at the hearing, the
18representative or support person may be prohibited from
19further participation in the hearing or proceeding. A
20suspension or expulsion proceeding under this subsection
21(b-35) must be conducted independently from any ongoing
22criminal investigation or proceeding, and an absence of
23pending or possible criminal charges, criminal investigations,
24or proceedings may not be a factor in school disciplinary
25decisions.
26    (b-40) During a suspension review hearing conducted under

 

 

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1subsection (b) or an expulsion hearing conducted under
2subsection (a) that involves allegations of sexual violence by
3the student who is subject to discipline, neither the student
4nor his or her representative shall directly question nor have
5direct contact with the alleged victim. The student who is
6subject to discipline or his or her representative may, at the
7discretion and direction of the school board or its appointed
8hearing officer, suggest questions to be posed by the school
9board or its appointed hearing officer to the alleged victim.
10    (c) A school board must invite a representative from a
11local mental health agency to consult with the board at the
12meeting whenever there is evidence that mental illness may be
13the cause of a student's expulsion or suspension.
14    (c-5) School districts shall make reasonable efforts to
15provide ongoing professional development to teachers,
16administrators, school board members, school resource
17officers, and staff on the adverse consequences of school
18exclusion and justice-system involvement, effective classroom
19management strategies, culturally responsive discipline, the
20appropriate and available supportive services for the
21promotion of student attendance and engagement, and
22developmentally appropriate disciplinary methods that promote
23positive and healthy school climates.
24    (d) The board may expel a student for a definite period of
25time not to exceed 2 calendar years, as determined on a
26case-by-case basis. A student who is determined to have

 

 

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1brought one of the following objects to school, any
2school-sponsored activity or event, or any activity or event
3that bears a reasonable relationship to school shall be
4expelled for a period of not less than one year:
5        (1) A firearm. For the purposes of this Section,
6    "firearm" means any gun, rifle, shotgun, weapon as defined
7    by Section 921 of Title 18 of the United States Code,
8    firearm as defined in Section 1.1 of the Firearm Owners
9    Identification Card Act, or firearm as defined in Section
10    24-1 of the Criminal Code of 2012. The expulsion period
11    under this subdivision (1) may be modified by the
12    superintendent, and the superintendent's determination may
13    be modified by the board on a case-by-case basis.
14        (2) A knife, brass knuckles or other knuckle weapon
15    regardless of its composition, a billy club, or any other
16    object if used or attempted to be used to cause bodily
17    harm, including "look alikes" of any firearm as defined in
18    subdivision (1) of this subsection (d). The expulsion
19    requirement under this subdivision (2) may be modified by
20    the superintendent, and the superintendent's determination
21    may be modified by the board on a case-by-case basis.
22Expulsion or suspension shall be construed in a manner
23consistent with the federal Individuals with Disabilities
24Education Act. A student who is subject to suspension or
25expulsion as provided in this Section may be eligible for a
26transfer to an alternative school program in accordance with

 

 

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1Article 13A of the School Code.
2    (d-5) The board may suspend or by regulation authorize the
3superintendent of the district or the principal, assistant
4principal, or dean of students of any school to suspend a
5student for a period not to exceed 10 school days or may expel
6a student for a definite period of time not to exceed 2
7calendar years, as determined on a case-by-case basis, if (i)
8that student has been determined to have made an explicit
9threat on an Internet website against a school employee, a
10student, or any school-related personnel, (ii) the Internet
11website through which the threat was made is a site that was
12accessible within the school at the time the threat was made or
13was available to third parties who worked or studied within
14the school grounds at the time the threat was made, and (iii)
15the threat could be reasonably interpreted as threatening to
16the safety and security of the threatened individual because
17of his or her duties or employment status or status as a
18student inside the school.
19    (e) To maintain order and security in the schools, school
20authorities may inspect and search places and areas such as
21lockers, desks, parking lots, and other school property and
22equipment owned or controlled by the school, as well as
23personal effects left in those places and areas by students,
24without notice to or the consent of the student, and without a
25search warrant. As a matter of public policy, the General
26Assembly finds that students have no reasonable expectation of

 

 

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1privacy in these places and areas or in their personal effects
2left in these places and areas. School authorities may request
3the assistance of law enforcement officials for the purpose of
4conducting inspections and searches of lockers, desks, parking
5lots, and other school property and equipment owned or
6controlled by the school for illegal drugs, weapons, or other
7illegal or dangerous substances or materials, including
8searches conducted through the use of specially trained dogs.
9If a search conducted in accordance with this Section produces
10evidence that the student has violated or is violating either
11the law, local ordinance, or the school's policies or rules,
12such evidence may be seized by school authorities, and
13disciplinary action may be taken. School authorities may also
14turn over such evidence to law enforcement authorities.
15    (f) Suspension or expulsion may include suspension or
16expulsion from school and all school activities and a
17prohibition from being present on school grounds.
18    (g) A school district may adopt a policy providing that if
19a student is suspended or expelled for any reason from any
20public or private school in this or any other state, the
21student must complete the entire term of the suspension or
22expulsion in an alternative school program under Article 13A
23of this Code or an alternative learning opportunities program
24under Article 13B of this Code before being admitted into the
25school district if there is no threat to the safety of students
26or staff in the alternative program. A school district that

 

 

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1adopts a policy under this subsection (g) must include a
2provision allowing for consideration of any mitigating
3factors, including, but not limited to, a student's status as
4a parent, expectant parent, or victim of domestic or sexual
5violence, as defined in Article 26A.
6    (h) School officials shall not advise or encourage
7students to drop out voluntarily due to behavioral or academic
8difficulties.
9    (i) A student may not be issued a monetary fine or fee as a
10disciplinary consequence, though this shall not preclude
11requiring a student to provide restitution for lost, stolen,
12or damaged property.
13    (j) Subsections (a) through (i) of this Section shall
14apply to elementary and secondary schools, charter schools,
15special charter districts, and school districts organized
16under Article 34 of this Code.
17    (k) Through June 30, 2026, the The expulsion of children
18enrolled in programs funded under Section 1C-2 of this Code is
19subject to the requirements under paragraph (7) of subsection
20(a) of Section 2-3.71 of this Code.
21    (k-5) On and after July 1, 2026, the expulsion of children
22enrolled in programs funded under Section 15-25 is subject to
23the requirements of paragraph (7) of subsection (a) of Section
2415-30 of the Department of Early Childhood Act.
25    (l) Beginning with the 2018-2019 school year, an in-school
26suspension program provided by a school district for any

 

 

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1students in kindergarten through grade 12 may focus on
2promoting non-violent conflict resolution and positive
3interaction with other students and school personnel. A school
4district may employ a school social worker or a licensed
5mental health professional to oversee an in-school suspension
6program in kindergarten through grade 12.
7(Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25;
8102-539, eff. 8-20-21; 102-813, eff. 5-13-22.)
 
9    (105 ILCS 5/21B-50)
10    Sec. 21B-50. Alternative Educator Licensure Program for
11Teachers.
12    (a) There is established an alternative educator licensure
13program, to be known as the Alternative Educator Licensure
14Program for Teachers.
15    (b) The Alternative Educator Licensure Program for
16Teachers may be offered by a recognized institution approved
17to offer educator preparation programs by the State Board of
18Education, in consultation with the State Educator Preparation
19and Licensure Board.
20    The program shall be comprised of up to 3 phases:
21        (1) A course of study that at a minimum includes
22    instructional planning; instructional strategies,
23    including special education, reading, and English language
24    learning; classroom management; and the assessment of
25    students and use of data to drive instruction.

 

 

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1        (2) A year of residency, which is a candidate's
2    assignment to a full-time teaching position or as a
3    co-teacher for one full school year. An individual must
4    hold an Educator License with Stipulations with an
5    alternative provisional educator endorsement in order to
6    enter the residency. In residency, the candidate must: be
7    assigned an effective, fully licensed teacher by the
8    principal or principal equivalent to act as a mentor and
9    coach the candidate through residency, complete additional
10    program requirements that address required State and
11    national standards, pass the State Board's teacher
12    performance assessment, if required under Section 21B-30,
13    and be recommended by the principal or qualified
14    equivalent of a principal, as required under subsection
15    (d) of this Section, and the program coordinator to be
16    recommended for full licensure or to continue with a
17    second year of the residency.
18        (3) (Blank).
19        (4) A comprehensive assessment of the candidate's
20    teaching effectiveness, as evaluated by the principal or
21    qualified equivalent of a principal, as required under
22    subsection (d) of this Section, and the program
23    coordinator, at the end of either the first or the second
24    year of residency. If there is disagreement between the 2
25    evaluators about the candidate's teaching effectiveness at
26    the end of the first year of residency, a second year of

 

 

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1    residency shall be required. If there is disagreement
2    between the 2 evaluators at the end of the second year of
3    residency, the candidate may complete one additional year
4    of residency teaching under a professional development
5    plan developed by the principal or qualified equivalent
6    and the preparation program. At the completion of the
7    third year, a candidate must have positive evaluations and
8    a recommendation for full licensure from both the
9    principal or qualified equivalent and the program
10    coordinator or no Professional Educator License shall be
11    issued.
12    Successful completion of the program shall be deemed to
13satisfy any other practice or student teaching and content
14matter requirements established by law.
15    (c) An alternative provisional educator endorsement on an
16Educator License with Stipulations is valid for up to 2 years
17of teaching in the public schools, including without
18limitation a preschool educational program under Section
192-3.71 of this Code or Section 15-30 of the Department of Early
20Childhood Act or charter school, or in a State-recognized
21nonpublic school in which the chief administrator is required
22to have the licensure necessary to be a principal in a public
23school in this State and in which a majority of the teachers
24are required to have the licensure necessary to be instructors
25in a public school in this State, but may be renewed for a
26third year if needed to complete the Alternative Educator

 

 

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1Licensure Program for Teachers. The endorsement shall be
2issued only once to an individual who meets all of the
3following requirements:
4        (1) Has graduated from a regionally accredited college
5    or university with a bachelor's degree or higher.
6        (2) (Blank).
7        (3) Has completed a major in the content area if
8    seeking a middle or secondary level endorsement or, if
9    seeking an early childhood, elementary, or special
10    education endorsement, has completed a major in the
11    content area of early childhood reading, English/language
12    arts, mathematics, or one of the sciences. If the
13    individual does not have a major in a content area for any
14    level of teaching, he or she must submit transcripts to
15    the State Board of Education to be reviewed for
16    equivalency.
17        (4) Has successfully completed phase (1) of subsection
18    (b) of this Section.
19        (5) Has passed a content area test required for the
20    specific endorsement for admission into the program, as
21    required under Section 21B-30 of this Code.
22    A candidate possessing the alternative provisional
23educator endorsement may receive a salary, benefits, and any
24other terms of employment offered to teachers in the school
25who are members of an exclusive bargaining representative, if
26any, but a school is not required to provide these benefits

 

 

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1during the years of residency if the candidate is serving only
2as a co-teacher. If the candidate is serving as the teacher of
3record, the candidate must receive a salary, benefits, and any
4other terms of employment. Residency experiences must not be
5counted towards tenure.
6    (d) The recognized institution offering the Alternative
7Educator Licensure Program for Teachers must partner with a
8school district, including without limitation a preschool
9educational program under Section 2-3.71 of this Code or
10Section 15-30 of the Department of Early Childhood Act or
11charter school, or a State-recognized, nonpublic school in
12this State in which the chief administrator is required to
13have the licensure necessary to be a principal in a public
14school in this State and in which a majority of the teachers
15are required to have the licensure necessary to be instructors
16in a public school in this State. A recognized institution
17that partners with a public school district administering a
18preschool educational program under Section 2-3.71 of this
19Code or Section 15-30 of the Department of Early Childhood Act
20must require a principal to recommend or evaluate candidates
21in the program. A recognized institution that partners with an
22eligible entity administering a preschool educational program
23under Section 2-3.71 of this Code or Section 15-30 of the
24Department of Early Childhood Act and that is not a public
25school district must require a principal or qualified
26equivalent of a principal to recommend or evaluate candidates

 

 

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1in the program. The program presented for approval by the
2State Board of Education must demonstrate the supports that
3are to be provided to assist the provisional teacher during
4the one-year 1-year or 2-year residency period and if the
5residency period is to be less than 2 years in length,
6assurances from the partner school districts to provide
7intensive mentoring and supports through at least the end of
8the second full year of teaching for educators who completed
9the Alternative Educator Educators Licensure Program for
10Teachers in less than 2 years. These supports must, at a
11minimum, provide additional contact hours with mentors during
12the first year of residency.
13    (e) Upon completion of phases under paragraphs (1), (2),
14(4), and, if needed, (3) in subsection (b) of this Section and
15all assessments required under Section 21B-30 of this Code, an
16individual shall receive a Professional Educator License.
17    (f) The State Board of Education, in consultation with the
18State Educator Preparation and Licensure Board, may adopt such
19rules as may be necessary to establish and implement the
20Alternative Educator Licensure Program for Teachers.
21(Source: P.A. 103-111, eff. 6-29-23; 103-488, eff. 8-4-23;
22revised 9-1-23.)
 
23    (105 ILCS 5/22-45)
24    Sec. 22-45. Illinois P-20 Council.
25    (a) The General Assembly finds that preparing Illinoisans

 

 

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1for success in school and the workplace requires a continuum
2of quality education from preschool through graduate school.
3This State needs a framework to guide education policy and
4integrate education at every level. A statewide coordinating
5council to study and make recommendations concerning education
6at all levels can avoid fragmentation of policies, promote
7improved teaching and learning, and continue to cultivate and
8demonstrate strong accountability and efficiency. Establishing
9an Illinois P-20 Council will develop a statewide agenda that
10will move the State towards the common goals of improving
11academic achievement, increasing college access and success,
12improving use of existing data and measurements, developing
13improved accountability, fostering innovative approaches to
14education, promoting lifelong learning, easing the transition
15to college, and reducing remediation. A pre-kindergarten
16through grade 20 agenda will strengthen this State's economic
17competitiveness by producing a highly-skilled workforce. In
18addition, lifelong learning plans will enhance this State's
19ability to leverage funding.
20    (b) There is created the Illinois P-20 Council. The
21Illinois P-20 Council shall include all of the following
22members:
23        (1) The Governor or his or her designee, to serve as
24    chairperson.
25        (2) Four members of the General Assembly, one
26    appointed by the Speaker of the House of Representatives,

 

 

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1    one appointed by the Minority Leader of the House of
2    Representatives, one appointed by the President of the
3    Senate, and one appointed by the Minority Leader of the
4    Senate.
5        (3) Six at-large members appointed by the Governor as
6    follows, with 2 members being from the City of Chicago, 2
7    members being from Lake County, McHenry County, Kane
8    County, DuPage County, Will County, or that part of Cook
9    County outside of the City of Chicago, and 2 members being
10    from the remainder of the State:
11            (A) one representative of civic leaders;
12            (B) one representative of local government;
13            (C) one representative of trade unions;
14            (D) one representative of nonprofit organizations
15        or foundations;
16            (E) one representative of parents' organizations;
17        and
18            (F) one education research expert.
19        (4) Five members appointed by statewide business
20    organizations and business trade associations.
21        (5) Six members appointed by statewide professional
22    organizations and associations representing
23    pre-kindergarten through grade 20 teachers, community
24    college faculty, and public university faculty.
25        (6) Two members appointed by associations representing
26    local school administrators and school board members. One

 

 

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1    of these members must be a special education
2    administrator.
3        (7) One member representing community colleges,
4    appointed by the Illinois Council of Community College
5    Presidents.
6        (8) One member representing 4-year independent
7    colleges and universities, appointed by a statewide
8    organization representing private institutions of higher
9    learning.
10        (9) One member representing public 4-year
11    universities, appointed jointly by the university
12    presidents and chancellors.
13        (10) Ex-officio members as follows:
14            (A) The State Superintendent of Education or his
15        or her designee.
16            (A-5) The Secretary of Early Childhood or the
17        Secretary's designee.
18            (B) The Executive Director of the Board of Higher
19        Education or his or her designee.
20            (C) The Executive Director of the Illinois
21        Community College Board or his or her designee.
22            (D) The Executive Director of the Illinois Student
23        Assistance Commission or his or her designee.
24            (E) The Co-chairpersons of the Illinois Workforce
25        Investment Board or their designee.
26            (F) The Director of Commerce and Economic

 

 

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1        Opportunity or his or her designee.
2            (G) The Chairperson of the Illinois Early Learning
3        Council or his or her designee.
4            (H) The President of the Illinois Mathematics and
5        Science Academy or his or her designee.
6            (I) The president of an association representing
7        educators of adult learners or his or her designee.
8Ex-officio members shall have no vote on the Illinois P-20
9Council.
10    Appointed members shall serve for staggered terms expiring
11on July 1 of the first, second, or third calendar year
12following their appointments or until their successors are
13appointed and have qualified. Staggered terms shall be
14determined by lot at the organizing meeting of the Illinois
15P-20 Council.
16    Vacancies shall be filled in the same manner as original
17appointments, and any member so appointed shall serve during
18the remainder of the term for which the vacancy occurred.
19    (c) The Illinois P-20 Council shall be funded through
20State appropriations to support staff activities, research,
21data-collection, and dissemination. The Illinois P-20 Council
22shall be staffed by the Office of the Governor, in
23coordination with relevant State agencies, boards, and
24commissions. The Illinois Education Research Council shall
25provide research and coordinate research collection activities
26for the Illinois P-20 Council.

 

 

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1    (d) The Illinois P-20 Council shall have all of the
2following duties:
3        (1) To make recommendations to do all of the
4    following:
5            (A) Coordinate pre-kindergarten through grade 20
6        (graduate school) education in this State through
7        working at the intersections of educational systems to
8        promote collaborative infrastructure.
9            (B) Coordinate and leverage strategies, actions,
10        legislation, policies, and resources of all
11        stakeholders to support fundamental and lasting
12        improvement in this State's public schools, community
13        colleges, and universities.
14            (C) Better align the high school curriculum with
15        postsecondary expectations.
16            (D) Better align assessments across all levels of
17        education.
18            (E) Reduce the need for students entering
19        institutions of higher education to take remedial
20        courses.
21            (F) Smooth the transition from high school to
22        college.
23            (G) Improve high school and college graduation
24        rates.
25            (H) Improve the rigor and relevance of academic
26        standards for college and workforce readiness.

 

 

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1            (I) Better align college and university teaching
2        programs with the needs of Illinois schools.
3        (2) To advise the Governor, the General Assembly, the
4    State's education and higher education agencies, and the
5    State's workforce and economic development boards and
6    agencies on policies related to lifelong learning for
7    Illinois students and families.
8        (3) To articulate a framework for systemic educational
9    improvement and innovation that will enable every student
10    to meet or exceed Illinois learning standards and be
11    well-prepared to succeed in the workforce and community.
12        (4) To provide an estimated fiscal impact for
13    implementation of all Council recommendations.
14        (5) To make recommendations for short-term and
15    long-term learning recovery actions for public school
16    students in this State in the wake of the COVID-19
17    pandemic. The Illinois P-20 Council shall submit a report
18    with its recommendations for a multi-year recovery plan by
19    December 31, 2021 to the Governor, the State Board of
20    Education, the Board of Higher Education, the Illinois
21    Community College Board, and the General Assembly that
22    addresses all of the following:
23            (A) Closing the digital divide for all students,
24        including access to devices, Internet connectivity,
25        and ensuring that educators have the necessary support
26        and training to provide high quality remote and

 

 

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1        blended learning to students.
2            (B) Evaluating the academic growth and proficiency
3        of students in order to understand the impact of
4        school closures and remote and blended remote learning
5        conditions on student academic outcomes, including
6        disaggregating data by race, income, diverse learners,
7        and English learners, in ways that balance the need to
8        understand that impact with the need to support
9        student well-being and also take into consideration
10        the logistical constraints facing schools and
11        districts.
12            (C) Establishing a system for the collection and
13        review of student data at the State level, including
14        data about prekindergarten through higher education
15        student attendance, engagement and participation,
16        discipline, and social-emotional and mental health
17        inputs and outcomes, in order to better understand the
18        full impact of disrupted learning.
19            (D) Providing students with resources and programs
20        for academic support, such as enrichment
21        opportunities, tutoring corps, summer bridge programs,
22        youth leadership and development programs, youth and
23        community-led restorative and transformative justice
24        programs, and youth internship and apprenticeship
25        programs.
26            (E) Providing students with resources and support

 

 

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1        to ensure access to social-emotional learning, mental
2        health services, and trauma responsive, restorative
3        justice and anti-racist practices in order to support
4        the growth of the whole child, such as investing in
5        community schools and providing comprehensive
6        year-round services and support for both students and
7        their families.
8            (F) Ensuring more time for students' academic,
9        social-emotional, and mental health needs by
10        considering such strategies as: (i) extending planning
11        time for teachers, (ii) extending the school day and
12        school year, and (iii) transitioning to year-round
13        schooling.
14            (G) Strengthening the transition from secondary
15        education to postsecondary education in the wake of
16        threats to alignment and affordability created by the
17        pandemic and related conditions.
18    (e) The chairperson of the Illinois P-20 Council may
19authorize the creation of working groups focusing on areas of
20interest to Illinois educational and workforce development,
21including without limitation the following areas:
22        (1) Preparation, recruitment, and certification of
23    highly qualified teachers.
24        (2) Mentoring and induction of highly qualified
25    teachers.
26        (3) The diversity of highly qualified teachers.

 

 

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1        (4) Funding for highly qualified teachers, including
2    developing a strategic and collaborative plan to seek
3    federal and private grants to support initiatives
4    targeting teacher preparation and its impact on student
5    achievement.
6        (5) Highly effective administrators.
7        (6) Illinois birth through age 3 education,
8    pre-kindergarten, and early childhood education.
9        (7) The assessment, alignment, outreach, and network
10    of college and workforce readiness efforts.
11        (8) Alternative routes to college access.
12        (9) Research data and accountability.
13        (10) Community schools, community participation, and
14    other innovative approaches to education that foster
15    community partnerships.
16        (11) Tuition, financial aid, and other issues related
17    to keeping postsecondary education affordable for Illinois
18    residents.
19        (12) Learning recovery in the wake of the COVID-19
20    pandemic.
21    The chairperson of the Illinois P-20 Council may designate
22Council members to serve as working group chairpersons.
23Working groups may invite organizations and individuals
24representing pre-kindergarten through grade 20 interests to
25participate in discussions, data collection, and
26dissemination.

 

 

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1(Source: P.A. 101-654, eff. 3-8-21.)
 
2    (105 ILCS 5/26-19)
3    Sec. 26-19. Chronic absenteeism in preschool children.
4    (a) In this Section, "chronic absence" has the meaning
5ascribed to that term in Section 26-18 of this Code.
6    (b) The General Assembly makes all of the following
7findings:
8        (1) The early years are an extremely important period
9    in a child's learning and development.
10        (2) Missed learning opportunities in the early years
11    make it difficult for a child to enter kindergarten ready
12    for success.
13        (3) Attendance patterns in the early years serve as
14    predictors of chronic absenteeism and reduced educational
15    outcomes in later school years. Therefore, it is crucial
16    that the implications of chronic absence be understood and
17    reviewed regularly under the Preschool for All Program and
18    Preschool for All Expansion Program under Section 2-3.71
19    of this Code.
20    (c) The Preschool for All Program and Preschool for All
21Expansion Program under Section 2-3.71 of this Code shall
22collect and review its chronic absence data and determine what
23support and resources are needed to positively engage
24chronically absent students and their families to encourage
25the habit of daily attendance and promote success.

 

 

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1    (d) The Preschool for All Program and Preschool for All
2Expansion Program under Section 2-3.71 of this Code are
3encouraged to do all of the following:
4        (1) Provide support to students who are at risk of
5    reaching or exceeding chronic absence levels.
6        (2) Make resources available to families, such as
7    those available through the State Board of Education's
8    Family Engagement Framework, to support and encourage
9    families to ensure their children's daily program
10    attendance.
11        (3) Include information about chronic absenteeism as
12    part of their preschool to kindergarten transition
13    resources.
14    (e) On or before July 1, 2020, and annually thereafter,
15the Preschool for All Program and Preschool for All Expansion
16Program shall report all data collected under subsection (c)
17of this Section to the State Board of Education, which shall
18make the report publicly available via the Illinois Early
19Childhood Asset Map Internet website and the Preschool for All
20Program or Preschool for All Expansion Program triennial
21report.
22    (f) This Section is repealed on July 1, 2026.
23(Source: P.A. 102-539, eff. 8-20-21.)
 
24    Section 90-35. The School Construction Law is amended by
25changing Section 5-300 as follows:
 

 

 

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1    (105 ILCS 230/5-300)
2    Sec. 5-300. Early childhood construction grants.
3    (a) The Capital Development Board is authorized to make
4grants to public school districts and not-for-profit entities
5for early childhood construction projects, except that in
6fiscal year 2024 those grants may be made only to public school
7districts. These grants shall be paid out of moneys
8appropriated for that purpose from the School Construction
9Fund, the Build Illinois Bond Fund, or the Rebuild Illinois
10Projects Fund. No grants may be awarded to entities providing
11services within private residences. A public school district
12or other eligible entity must provide local matching funds in
13the following manner:
14        (1) A public school district assigned to Tier 1 under
15    Section 18-8.15 of the School Code or any other eligible
16    entity in an area encompassed by that district must
17    provide local matching funds in an amount equal to 3% of
18    the grant awarded under this Section.
19        (2) A public school district assigned to Tier 2 under
20    Section 18-8.15 of the School Code or any other eligible
21    entity in an area encompassed by that district must
22    provide local matching funds in an amount equal to 7.5% of
23    the grant awarded under this Section.
24        (3) A public school district assigned to Tier 3 under
25    Section 18-8.15 of the School Code or any other eligible

 

 

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1    entity in an area encompassed by that district must
2    provide local matching funds in an amount equal to 8.75%
3    of the grant awarded under this Section.
4        (4) A public school district assigned to Tier 4 under
5    Section 18-8.15 of the School Code or any other eligible
6    entity in an area encompassed by that district must
7    provide local matching funds in an amount equal to 10% of
8    the grant awarded under this Section.
9    A public school district or other eligible entity has no
10entitlement to a grant under this Section.
11    (b) The Capital Development Board shall adopt rules to
12implement this Section. These rules need not be the same as the
13rules for school construction project grants or school
14maintenance project grants. The rules may specify:
15        (1) the manner of applying for grants;
16        (2) project eligibility requirements;
17        (3) restrictions on the use of grant moneys;
18        (4) the manner in which school districts and other
19    eligible entities must account for the use of grant
20    moneys;
21        (5) requirements that new or improved facilities be
22    used for early childhood and other related programs for a
23    period of at least 10 years; and
24        (6) any other provision that the Capital Development
25    Board determines to be necessary or useful for the
26    administration of this Section.

 

 

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1    (b-5) When grants are made to non-profit corporations for
2the acquisition or construction of new facilities, the Capital
3Development Board or any State agency it so designates shall
4hold title to or place a lien on the facility for a period of
510 years after the date of the grant award, after which title
6to the facility shall be transferred to the non-profit
7corporation or the lien shall be removed, provided that the
8non-profit corporation has complied with the terms of its
9grant agreement. When grants are made to non-profit
10corporations for the purpose of renovation or rehabilitation,
11if the non-profit corporation does not comply with item (5) of
12subsection (b) of this Section, the Capital Development Board
13or any State agency it so designates shall recover the grant
14pursuant to the procedures outlined in the Illinois Grant
15Funds Recovery Act.
16    (c) The Capital Development Board, in consultation with
17the State Board of Education, shall establish standards for
18the determination of priority needs concerning early childhood
19projects based on projects located in communities in the State
20with the greatest underserved population of young children,
21utilizing Census data and other reliable local early childhood
22service data.
23    (d) In each school year in which early childhood
24construction project grants are awarded, 20% of the total
25amount awarded shall be awarded to a school district with a
26population of more than 500,000, provided that the school

 

 

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1district complies with the requirements of this Section and
2the rules adopted under this Section.
3    (e) This Section is repealed on July 1, 2026.
4(Source: P.A. 102-16, eff. 6-17-21; 103-8, eff. 6-7-23.)
 
5    Section 90-40. The Early Childhood Access Consortium for
6Equity Act is amended by changing Sections 25 and 35 as
7follows:
 
8    (110 ILCS 28/25)
9    Sec. 25. Advisory committee; membership.
10    (a) The Board of Higher Education, the Illinois Community
11College Board, the State Board of Education, the Department of
12Human Services, and the Department of Early Childhood
13Governor's Office of Early Childhood Development shall jointly
14convene a Consortium advisory committee to provide guidance on
15the operation of the Consortium.
16    (b) Membership on the advisory committee shall be
17comprised of employers and experts appointed by the Board of
18Higher Education, the Illinois Community College Board, the
19Department of Early Childhood, the Department of Human
20Services Governor's Office of Early Childhood Development, and
21the State Board of Education. Membership shall also include
22all of the following members:
23        (1) An employer from a community-based child care
24    provider, appointed by the Department of Human Services

 

 

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1    Governor's Office of Early Childhood Development.
2        (2) An employer from a for-profit child care provider,
3    appointed by the Department of Human Services Governor's
4    Office of Early Childhood Development.
5        (3) An employer from a nonprofit child care provider,
6    appointed by the Department of Human Services Governor's
7    Office of Early Childhood Development.
8        (4) A provider of family child care, appointed by the
9    Department of Human Services Governor's Office of Early
10    Childhood Development.
11        (5) An employer located in southern Illinois,
12    appointed by the Department of Early Childhood Governor's
13    Office of Early Childhood Development.
14        (6) An employer located in central Illinois, appointed
15    by the Department of Early Childhood Governor's Office of
16    Early Childhood Development.
17        (7) At least one member who represents an urban school
18    district, appointed by the State Board of Education.
19        (8) At least one member who represents a suburban
20    school district, appointed by the State Board of
21    Education.
22        (9) At least one member who represents a rural school
23    district, appointed by the State Board of Education.
24        (10) At least one member who represents a school
25    district in a city with a population of 500,000 or more,
26    appointed by the State Board of Education.

 

 

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1        (11) Two early childhood advocates with statewide
2    expertise in early childhood workforce issues, appointed
3    by the Department of Early Childhood Governor's Office of
4    Early Childhood Development.
5        (12) The Chairperson or Vice-Chairperson and the
6    Minority Spokesperson or a designee of the Senate
7    Committee on Higher Education.
8        (13) The Chairperson or Vice-Chairperson and the
9    Minority Spokesperson or a designee of the House Committee
10    on Higher Education.
11        (14) One member representing the Illinois Community
12    College Board, who shall serve as co-chairperson,
13    appointed by the Illinois Community College Board.
14        (15) One member representing the Board of Higher
15    Education, who shall serve as co-chairperson, appointed by
16    the Board of Higher Education.
17        (16) One member representing the Illinois Student
18    Assistance Commission, appointed by the Board of Higher
19    Education.
20        (17) One member representing the State Board of
21    Education, who shall serve as co-chairperson, appointed by
22    the State Board of Education.
23        (18) One member representing the Department of Early
24    Childhood Governor's Office of Early Childhood
25    Development, who shall serve as co-chairperson, appointed
26    by the Department of Early Childhood Governor's Office of

 

 

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1    Early Childhood Development.
2        (19) One member representing the Department of Human
3    Services, who shall serve as co-chairperson, appointed by
4    the Department of Human Services Governor's Office of
5    Early Childhood Development.
6        (20) One member representing INCCRRA, appointed by the
7    Department of Early Childhood Governor's Office of Early
8    Childhood Development.
9        (21) One member representing the Department of
10    Children and Family Services, appointed by the Department
11    of Children and Family Services Governor's Office of Early
12    Childhood Development.
13        (22) One member representing an organization that
14    advocates on behalf of community college trustees,
15    appointed by the Illinois Community College Board.
16        (23) One member of a union representing child care and
17    early childhood providers, appointed by the Department of
18    Human Services Governor's Office of Early Childhood
19    Development.
20        (24) Two members of unions representing higher
21    education faculty, appointed by the Board of Higher
22    Education.
23        (25) A representative from the College of Education of
24    an urban public university, appointed by the Board of
25    Higher Education.
26        (26) A representative from the College of Education of

 

 

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1    a suburban public university, appointed by the Board of
2    Higher Education.
3        (27) A representative from the College of Education of
4    a rural public university, appointed by the Board of
5    Higher Education.
6        (28) A representative from the College of Education of
7    a private university, appointed by the Board of Higher
8    Education.
9        (29) A representative of an urban community college,
10    appointed by the Illinois Community College Board.
11        (30) A representative of a suburban community college,
12    appointed by the Illinois Community College Board.
13        (31) A representative of rural community college,
14    appointed by the Illinois Community College Board.
15    (c) The advisory committee shall meet quarterly. The
16committee meetings shall be open to the public in accordance
17with the provisions of the Open Meetings Act.
18(Source: P.A. 102-174, eff. 7-28-21.)
 
19    (110 ILCS 28/35)
20    Sec. 35. Goals and metrics.
21    (a) By July 1, 2021 or within 60 days after the effective
22date of this amendatory Act of the 102nd General Assembly, the
23Board of Higher Education's Strategic Plan Educator Workforce
24subgroup on the early childhood workforce must set goals for
25the Consortium for the enrollment, persistence, and completion

 

 

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1of members of the incumbent workforce in associate,
2bachelor's, and master's degree programs, Gateways Credentials
3in Level 2, 3, or 4, and Professional Educator Licensure by
4September 30, 2024. The goals set for the Consortium must be
5data informed and include targets for annual enrollment and
6persistence.
7    (b) Data from the Gateways Registry, March 2020, indicates
8that there are 7,670 individuals with an associate degree who
9would benefit from progressing to a baccalaureate degree and
1020,467 individuals with a high school diploma or some college
11who would benefit from progressing to an associate degree. If
12the goals cannot be set in accordance with subsection (a), the
13goal for the Consortium shall be that by September 30, 2024,
1420% of the individuals described in this subsection (b) who do
15not have a degree will have enrolled and be persisting toward
16or have attained a Gateways Credential in Level 2, 3, or 4 or
17an associate degree and, of the individuals who have an
18associate degree, will be enrolled and persisting toward or
19have attained a baccalaureate degree or will be persisting
20toward or have attained a Professional Educator License.
21    (c) Student financial aid, including incentives and
22stipends, data-sharing, and professional statewide engagement
23and marketing campaign and recruitment efforts are critical to
24the Consortium's ability to quickly attract and enroll
25students into these programs. Navigators, mentors, and
26advisors are critical for persistence and completion. If

 

 

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1federal funds are not appropriated for these purposes and the
2other purposes of this Section, the Board of Higher Education,
3the Illinois Community College Board, the State Board of
4Education, the Department of Human Services, and the
5Department of Early Childhood Governor's Office of Early
6Childhood Development, in consultation with the advisory
7committee, shall adjust the initial target metrics
8appropriately by adopting challenging goals that may be
9attainable with less public investment.
10    (d) The Board of Higher Education, the Illinois Community
11College Board, the State Board of Education, the Department of
12Human Services, and the Department of Early Childhood
13Governor's Office of Early Childhood Development, in
14consultation with the advisory committee, shall determine new
15metrics and goals for the Consortium as they relate to the
16remaining and future early childhood workforce, to be
17instituted after the close of the 2024-2025 academic year and
18going forward. Metrics must take into consideration that the
19pipeline depends on sustained, increased student enrollment
20and completion rates at the associate degree level if this
21State aims to continue with sustained, increased student
22enrollment and completion at the bachelor's degree level.
23(Source: P.A. 102-174, eff. 7-28-21.)
 
24    Section 90-45. The Illinois Public Aid Code is amended by
25changing Sections 2-12, 2-12.5, 9A-11, 9A-11.5, and 9A-17 as

 

 

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1follows:
 
2    (305 ILCS 5/2-12)  (from Ch. 23, par. 2-12)
3    Sec. 2-12. "Illinois Department"; "Department". In this
4Code, "Illinois Department" or "Department", when a particular
5entity is not specified, means the following:
6    (1) In the case of a function performed before July 1, 1997
7(the effective date of the Department of Human Services Act),
8the term means the Department of Public Aid.
9    (2) Except as provided in paragraph (2.5), in In the case
10of a function to be performed on or after July 1, 1997 under
11Article III, IV, VI, IX, or IXA, the term means the Department
12of Human Services as successor to the Illinois Department of
13Public Aid.
14(2.5) In the case of a function to be performed on or after
15July 1, 2026 under Sections 9A-11 and 9A-11-5, the term means
16the Department of Early Childhood.
17    (3) In the case of a function to be performed on or after
18July 1, 1997 under Article V, V-A, V-B, V-C, V-D, V-E, X, XIV,
19or XV, the term means the Department of Healthcare and Family
20Services (formerly Illinois Department of Public Aid).
21    (4) In the case of a function to be performed on or after
22July 1, 1997 under Article I, II, VIIIA, XI, XII, or XIII, the
23term means the Department of Human Services (acting as
24successor to the Illinois Department of Public Aid) or the
25Department of Healthcare and Family Services (formerly

 

 

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1Illinois Department of Public Aid) or both, according to
2whether that function, in the specific context, has been
3allocated to the Department of Human Services or the
4Department of Healthcare and Family Services (formerly
5Department of Public Aid) or both of those departments.
6(Source: P.A. 95-331, eff. 8-21-07.)
 
7    (305 ILCS 5/2-12.5)
8    Sec. 2-12.5. "Director of the Illinois Department";
9"Director of the Department"; "Director". In this Code,
10"Director of the Illinois Department", "Director of the
11Department", or "Director", when a particular official is not
12specified, means the following:
13    (1) In the case of a function performed before July 1, 1997
14(the effective date of the Department of Human Services Act),
15the term means the Director of Public Aid.
16    (2) Except as provided in paragraph (2.5), in In the case
17of a function to be performed on or after July 1, 1997 under
18Article III, IV, VI, IX, or IXA, the term means the Secretary
19of Human Services.
20(2.5) In the case of a function to be performed on or after
21July 1, 2026 under Sections 9A-11 and 9A-11-5, the term means
22the Secretary of Early Childhood.
23    (3) In the case of a function to be performed on or after
24July 1, 1997 under Article V, V-A, V-B, V-C, V-D, V-E, X, XIV,
25or XV, the term means the Director of Healthcare and Family

 

 

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1Services (formerly Director of Public Aid).
2    (4) In the case of a function to be performed on or after
3July 1, 1997 under Article I, II, VIIIA, XI, XII, or XIII, the
4term means the Secretary of Human Services or the Director of
5Healthcare and Family Services (formerly Director of Public
6Aid) or both, according to whether that function, in the
7specific context, has been allocated to the Department of
8Human Services or the Department of Healthcare and Family
9Services (formerly Department of Public Aid) or both of those
10departments.
11(Source: P.A. 95-331, eff. 8-21-07.)
 
12    (305 ILCS 5/9A-11)  (from Ch. 23, par. 9A-11)
13    Sec. 9A-11. Child care.
14    (a) The General Assembly recognizes that families with
15children need child care in order to work. Child care is
16expensive and families with limited access to economic
17resources, including those who are transitioning from welfare
18to work, often struggle to pay the costs of day care. The
19General Assembly understands the importance of helping working
20families with limited access to economic resources become and
21remain self-sufficient. The General Assembly also believes
22that it is the responsibility of families to share in the costs
23of child care. It is also the preference of the General
24Assembly that all working families with limited access to
25economic resources should be treated equally, regardless of

 

 

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1their welfare status.
2    (b) To the extent resources permit, the Illinois
3Department shall provide child care services to parents or
4other relatives as defined by rule who are working or
5participating in employment or Department approved education
6or training programs. At a minimum, the Illinois Department
7shall cover the following categories of families:
8        (1) recipients of TANF under Article IV participating
9    in work and training activities as specified in the
10    personal plan for employment and self-sufficiency;
11        (2) families transitioning from TANF to work;
12        (3) families at risk of becoming recipients of TANF;
13        (4) families with special needs as defined by rule;
14        (5) working families with very low incomes as defined
15    by rule;
16        (6) families that are not recipients of TANF and that
17    need child care assistance to participate in education and
18    training activities;
19        (7) youth in care, as defined in Section 4d of the
20    Children and Family Services Act, who are parents,
21    regardless of income or whether they are working or
22    participating in Department-approved employment or
23    education or training programs. Any family that receives
24    child care assistance in accordance with this paragraph
25    shall receive one additional 12-month child care
26    eligibility period after the parenting youth in care's

 

 

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1    case with the Department of Children and Family Services
2    is closed, regardless of income or whether the parenting
3    youth in care is working or participating in
4    Department-approved employment or education or training
5    programs;
6        (8) families receiving Extended Family Support Program
7    services from the Department of Children and Family
8    Services, regardless of income or whether they are working
9    or participating in Department-approved employment or
10    education or training programs; and
11        (9) families with children under the age of 5 who have
12    an open intact family services case with the Department of
13    Children and Family Services. Any family that receives
14    child care assistance in accordance with this paragraph
15    shall remain eligible for child care assistance 6 months
16    after the child's intact family services case is closed,
17    regardless of whether the child's parents or other
18    relatives as defined by rule are working or participating
19    in Department approved employment or education or training
20    programs. The Department of Early Childhood Human
21    Services, in consultation with the Department of Children
22    and Family Services, shall adopt rules to protect the
23    privacy of families who are the subject of an open intact
24    family services case when such families enroll in child
25    care services. Additional rules shall be adopted to offer
26    children who have an open intact family services case the

 

 

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1    opportunity to receive an Early Intervention screening and
2    other services that their families may be eligible for as
3    provided by the Department of Human Services.
4    Beginning October 1, 2027 2023, and every October 1
5thereafter, the Department of Children and Family Services
6shall report to the General Assembly on the number of children
7who received child care via vouchers paid for by the
8Department of Early Childhood Children and Family Services
9during the preceding fiscal year. The report shall include the
10ages of children who received child care, the type of child
11care they received, and the number of months they received
12child care.
13    The Department shall specify by rule the conditions of
14eligibility, the application process, and the types, amounts,
15and duration of services. Eligibility for child care benefits
16and the amount of child care provided may vary based on family
17size, income, and other factors as specified by rule.
18    The Department shall update the Child Care Assistance
19Program Eligibility Calculator posted on its website to
20include a question on whether a family is applying for child
21care assistance for the first time or is applying for a
22redetermination of eligibility.
23    A family's eligibility for child care services shall be
24redetermined no sooner than 12 months following the initial
25determination or most recent redetermination. During the
2612-month periods, the family shall remain eligible for child

 

 

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1care services regardless of (i) a change in family income,
2unless family income exceeds 85% of State median income, or
3(ii) a temporary change in the ongoing status of the parents or
4other relatives, as defined by rule, as working or attending a
5job training or educational program.
6    In determining income eligibility for child care benefits,
7the Department annually, at the beginning of each fiscal year,
8shall establish, by rule, one income threshold for each family
9size, in relation to percentage of State median income for a
10family of that size, that makes families with incomes below
11the specified threshold eligible for assistance and families
12with incomes above the specified threshold ineligible for
13assistance. Through and including fiscal year 2007, the
14specified threshold must be no less than 50% of the
15then-current State median income for each family size.
16Beginning in fiscal year 2008, the specified threshold must be
17no less than 185% of the then-current federal poverty level
18for each family size. Notwithstanding any other provision of
19law or administrative rule to the contrary, beginning in
20fiscal year 2019, the specified threshold for working families
21with very low incomes as defined by rule must be no less than
22185% of the then-current federal poverty level for each family
23size. Notwithstanding any other provision of law or
24administrative rule to the contrary, beginning in State fiscal
25year 2022 through State fiscal year 2023, the specified income
26threshold shall be no less than 200% of the then-current

 

 

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1federal poverty level for each family size. Beginning in State
2fiscal year 2024, the specified income threshold shall be no
3less than 225% of the then-current federal poverty level for
4each family size.
5    In determining eligibility for assistance, the Department
6shall not give preference to any category of recipients or
7give preference to individuals based on their receipt of
8benefits under this Code.
9    Nothing in this Section shall be construed as conferring
10entitlement status to eligible families.
11    The Illinois Department is authorized to lower income
12eligibility ceilings, raise parent co-payments, create waiting
13lists, or take such other actions during a fiscal year as are
14necessary to ensure that child care benefits paid under this
15Article do not exceed the amounts appropriated for those child
16care benefits. These changes may be accomplished by emergency
17rule under Section 5-45 of the Illinois Administrative
18Procedure Act, except that the limitation on the number of
19emergency rules that may be adopted in a 24-month period shall
20not apply.
21    The Illinois Department may contract with other State
22agencies or child care organizations for the administration of
23child care services.
24    (c) Payment shall be made for child care that otherwise
25meets the requirements of this Section and applicable
26standards of State and local law and regulation, including any

 

 

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1requirements the Illinois Department promulgates by rule.
2Through June 30, 2026, the rules of this Section include
3licensure requirements adopted by the Department of Children
4and Family Services. On and after July 1, 2026, the rules of
5this Section include licensure requirements adopted by the
6Department of Early Childhood. In addition, the regulations of
7this Section include the in addition to the licensure
8requirements promulgated by the Department of Children and
9Family Services and Fire Prevention and Safety requirements
10promulgated by the Office of the State Fire Marshal, and is
11provided in any of the following:
12        (1) a child care center which is licensed or exempt
13    from licensure pursuant to Section 2.09 of the Child Care
14    Act of 1969;
15        (2) a licensed child care home or home exempt from
16    licensing;
17        (3) a licensed group child care home;
18        (4) other types of child care, including child care
19    provided by relatives or persons living in the same home
20    as the child, as determined by the Illinois Department by
21    rule.
22    (c-5) Solely for the purposes of coverage under the
23Illinois Public Labor Relations Act, child and day care home
24providers, including licensed and license exempt,
25participating in the Department's child care assistance
26program shall be considered to be public employees and the

 

 

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1State of Illinois shall be considered to be their employer as
2of January 1, 2006 (the effective date of Public Act 94-320),
3but not before. The State shall engage in collective
4bargaining with an exclusive representative of child and day
5care home providers participating in the child care assistance
6program concerning their terms and conditions of employment
7that are within the State's control. Nothing in this
8subsection shall be understood to limit the right of families
9receiving services defined in this Section to select child and
10day care home providers or supervise them within the limits of
11this Section. The State shall not be considered to be the
12employer of child and day care home providers for any purposes
13not specifically provided in Public Act 94-320, including, but
14not limited to, purposes of vicarious liability in tort and
15purposes of statutory retirement or health insurance benefits.
16Child and day care home providers shall not be covered by the
17State Employees Group Insurance Act of 1971.
18    In according child and day care home providers and their
19selected representative rights under the Illinois Public Labor
20Relations Act, the State intends that the State action
21exemption to application of federal and State antitrust laws
22be fully available to the extent that their activities are
23authorized by Public Act 94-320.
24    (d) The Illinois Department shall establish, by rule, a
25co-payment scale that provides for cost sharing by families
26that receive child care services, including parents whose only

 

 

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1income is from assistance under this Code. The co-payment
2shall be based on family income and family size and may be
3based on other factors as appropriate. Co-payments may be
4waived for families whose incomes are at or below the federal
5poverty level.
6    (d-5) The Illinois Department, in consultation with its
7Child Care and Development Advisory Council, shall develop a
8plan to revise the child care assistance program's co-payment
9scale. The plan shall be completed no later than February 1,
102008, and shall include:
11        (1) findings as to the percentage of income that the
12    average American family spends on child care and the
13    relative amounts that low-income families and the average
14    American family spend on other necessities of life;
15        (2) recommendations for revising the child care
16    co-payment scale to assure that families receiving child
17    care services from the Department are paying no more than
18    they can reasonably afford;
19        (3) recommendations for revising the child care
20    co-payment scale to provide at-risk children with complete
21    access to Preschool for All and Head Start; and
22        (4) recommendations for changes in child care program
23    policies that affect the affordability of child care.
24    (e) (Blank).
25    (f) The Illinois Department shall, by rule, set rates to
26be paid for the various types of child care. Child care may be

 

 

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1provided through one of the following methods:
2        (1) arranging the child care through eligible
3    providers by use of purchase of service contracts or
4    vouchers;
5        (2) arranging with other agencies and community
6    volunteer groups for non-reimbursed child care;
7        (3) (blank); or
8        (4) adopting such other arrangements as the Department
9    determines appropriate.
10    (f-1) Within 30 days after June 4, 2018 (the effective
11date of Public Act 100-587), the Department of Human Services
12shall establish rates for child care providers that are no
13less than the rates in effect on January 1, 2018 increased by
144.26%.
15    (f-5) (Blank).
16    (g) Families eligible for assistance under this Section
17shall be given the following options:
18        (1) receiving a child care certificate issued by the
19    Department or a subcontractor of the Department that may
20    be used by the parents as payment for child care and
21    development services only; or
22        (2) if space is available, enrolling the child with a
23    child care provider that has a purchase of service
24    contract with the Department or a subcontractor of the
25    Department for the provision of child care and development
26    services. The Department may identify particular priority

 

 

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1    populations for whom they may request special
2    consideration by a provider with purchase of service
3    contracts, provided that the providers shall be permitted
4    to maintain a balance of clients in terms of household
5    incomes and families and children with special needs, as
6    defined by rule.
7(Source: P.A. 102-491, eff. 8-20-21; 102-813, eff. 5-13-22;
8102-926, eff. 5-27-22; 103-8, eff. 6-7-23.)
 
9    (305 ILCS 5/9A-11.5)
10    Sec. 9A-11.5. Investigate child care providers.
11    (a) Through June 30, 2026, any Any child care provider
12receiving funds from the child care assistance program under
13this Code who is not required to be licensed under the Child
14Care Act of 1969 shall, as a condition of eligibility to
15participate in the child care assistance program under this
16Code, authorize in writing on a form prescribed by the
17Department of Children and Family Services, periodic
18investigations of the Central Register, as defined in the
19Abused and Neglected Child Reporting Act, to ascertain if the
20child care provider has been determined to be a perpetrator in
21an indicated report of child abuse or neglect. The Department
22of Children and Family Services shall conduct an investigation
23of the Central Register at the request of the Department of
24Human Services.
25    (a-5) On and after July 1, 2026, any child care provider

 

 

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1receiving funds from the child care assistance program under
2this Code who is not required to be licensed under the Child
3Care Act of 1969 shall, as a condition of eligibility to
4participate in the child care assistance program under this
5Code, authorize in writing on a form prescribed by the
6Department of Early Childhood, periodic investigations of the
7Central Register, as defined in the Abused and Neglected Child
8Reporting Act, to ascertain if the child care provider has
9been determined to be a perpetrator in an indicated report of
10child abuse or neglect.
11    (b) Any child care provider, other than a relative of the
12child, receiving funds from the child care assistance program
13under this Code who is not required to be licensed under the
14Child Care Act of 1969 shall, as a condition of eligibility to
15participate in the child care assistance program under this
16Code, authorize in writing a State and Federal Bureau of
17Investigation fingerprint-based criminal history record check
18to determine if the child care provider has ever been
19convicted of a crime with respect to which the conviction has
20not been overturned and the criminal records have not been
21sealed or expunged. Upon this authorization, the Department
22shall request and receive information and assistance from any
23federal or State governmental agency as part of the authorized
24criminal history record check. The Illinois State Police shall
25provide information concerning any conviction that has not
26been overturned and with respect to which the criminal records

 

 

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1have not been sealed or expunged, whether the conviction
2occurred before or on or after the effective date of this
3amendatory Act of the 96th General Assembly, of a child care
4provider upon the request of the Department when the request
5is made in the form and manner required by the Illinois State
6Police. The Illinois State Police shall charge a fee not to
7exceed the cost of processing the criminal history record
8check. The fee is to be deposited into the State Police
9Services Fund. Any information concerning convictions that
10have not been overturned and with respect to which the
11criminal records have not been sealed or expunged obtained by
12the Department is confidential and may not be transmitted (i)
13outside the Department except as required in this Section or
14(ii) to anyone within the Department except as needed for the
15purposes of determining participation in the child care
16assistance program. A copy of the criminal history record
17check obtained from the Illinois State Police shall be
18provided to the unlicensed child care provider.
19    (c) The Department shall by rule set standards for
20determining when to disqualify an unlicensed child care
21provider for payment because (i) there is an indicated finding
22against the provider based on the results of the Central
23Register search or (ii) there is a disqualifying criminal
24charge pending against the provider or the provider has a
25disqualifying criminal conviction that has not been overturned
26and with respect to which the criminal records have not been

 

 

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1expunged or sealed based on the results of the
2fingerprint-based Illinois State Police and Federal Bureau of
3Investigation criminal history record check. In determining
4whether to disqualify an unlicensed child care provider for
5payment under this subsection, the Department shall consider
6the nature and gravity of any offense or offenses; the time
7that has passed since the offense or offenses or the
8completion of the criminal sentence or both; and the
9relationship of the offense or offenses to the
10responsibilities of the child care provider.
11(Source: P.A. 102-538, eff. 8-20-21.)
 
12    (305 ILCS 5/9A-17)
13    Sec. 9A-17. Smart Start Child Care Program. Subject to
14appropriation, the Department of Human Services shall
15establish the Smart Start Child Care Program. The Smart Start
16Child Care Program shall focus on creating affordable child
17care, as well as increasing access to child care, for Illinois
18residents and may include, but is not limited to, providing
19funding to increase preschool availability, providing funding
20for childcare workforce compensation or capital investments,
21and expanding funding for Early Childhood Access Consortium
22for Equity Scholarships. The Department shall establish
23program eligibility criteria, participation conditions,
24payment levels, and other program requirements by rule. The
25Department of Human Services may consult with the Capital

 

 

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1Development Board, the Department of Commerce and Economic
2Opportunity, and the Illinois Housing Development Authority in
3the management and disbursement of funds for capital-related
4projects. The Capital Development Board, the Department of
5Commerce and Economic Opportunity, and the Illinois Housing
6Development Authority shall act in a consulting role only for
7the evaluation of applicants, scoring of applicants, or
8administration of the grant program.
9    This Section is repealed on July 1, 2026.
10(Source: P.A. 103-8, eff. 6-7-23.)
 
11    Section 90-50. The Early Intervention Services System Act
12is amended by adding Section 20.1 as follows:
 
13    (325 ILCS 20/20.1 new)
14    Sec. 20.1. Repeal. This Act is repealed on July 1, 2026.
 
15    Section 90-55. The Infant/Early Childhood Mental Health
16Consultations Act is amended by changing Section 35-5 as
17follows:
 
18    (405 ILCS 47/35-5)
19    Sec. 35-5. Findings; policies.
20    (a) The General Assembly finds the following:
21        (1) Social and emotional development is a core
22    developmental domain in young children and is codified in

 

 

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1    the Illinois Early Learning Standards.
2        (2) Fostering social and emotional development in
3    early childhood means both providing the supportive
4    settings and interactions to maximize healthy social and
5    emotional development for all children, as well as
6    providing communities, programs, and providers with
7    systems of tiered supports with training to respond to
8    more significant social and emotional challenges or where
9    experiences of trauma may be more prevalent.
10        (3) Early care and education programs and providers,
11    across a range of settings, have an important role to play
12    in supporting young children and families, especially
13    those who face greater challenges, such as trauma
14    exposure, social isolation, pervasive poverty, and toxic
15    stress; if programs, teaching staff, caregivers, and
16    providers are not provided with the support, services, and
17    training needed to accomplish these goals, it can lead to
18    children and families being asked to leave programs,
19    particularly without connection to more appropriate
20    services, thereby creating a disruption in learning and
21    social-emotional development; investments in reflective
22    supervision, professional development specific to
23    diversity, equity and inclusion practice, culturally
24    responsive training, implicit bias training, and how
25    trauma experienced during the early years can manifest in
26    challenging behaviors will create systems for serving

 

 

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1    children that are informed in developmentally appropriate
2    and responsive supports.
3        (4) Studies have shown that the expulsion of infants,
4    toddlers, and young children in early care and education
5    settings is occurring at alarmingly high rates, more than
6    3 times that of students in K-12; further, expulsion
7    occurs more frequently for Black children and Latinx
8    children and more frequently for boys than for girls, with
9    Black boys being most frequently expelled; there is
10    evidence to show that the expulsion of Black girls is
11    occurring with increasing frequency.
12        (5) Illinois took its first steps toward addressing
13    this disparity through Public Act 100-105 to prohibit
14    expulsion due to child behavior in early care and
15    education settings, but further work is needed to
16    implement this law, including strengthening provider
17    understanding of a successful transition and beginning to
18    identify strategies to reduce "soft expulsions" and to
19    ensure more young children and their teachers, providers,
20    and caregivers, in a range of early care and education
21    settings, can benefit from services, such as Infant/Early
22    Childhood Mental Health Consultations (I/ECMHC) and
23    positive behavior interventions and supports such as the
24    Pyramid Model.
25        (6) I/ECMHC is a critical component needed to align
26    social-emotional well-being with the public health model

 

 

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1    of promotion, prevention, and intervention across early
2    care and education systems.
3    (b) The General Assembly encourages that all of the
4following actions be taken by:
5        (1) the State to increase the availability of
6    Infant/Early Childhood Mental Health Consultations
7    (I/ECMHC) through increased funding in early childhood
8    programs and sustainable funding for coordination of
9    I/ECMHC and other social and emotional support at the
10    State level;
11        (2) the Department of Human Services (IDHS), the
12    Illinois State Board of Education (ISBE), the Governor's
13    Office of Early Childhood Development (GOECD), and other
14    relevant agencies to develop and promote
15    provider-accessible and parent-accessible materials,
16    including native language, on the role and value of
17    I/ECMHC, including targeted promotion in underserved
18    communities, and promote the use of existing I/ECMHCs, the
19    I/ECMHC consultant database, or other existing services;
20        (3) the State to increase funding to promote and
21    provide training and implementation support for systems of
22    tiered support, such as the Pyramid Model, across early
23    childhood settings and urge DHS, ISBE, GOECD, and other
24    relevant State agencies to coordinate efforts and develop
25    strategies to provide outreach to and support providers in
26    underserved communities and communities with fewer

 

 

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1    programmatic resources; and
2        (4) ISBE and DCFS to provide the data required by
3    Public Act 100-105, even if the data is incomplete at the
4    time due to data system challenges.
5    (c) This Section is repealed on July 1, 2026.
6(Source: P.A. 101-654, eff. 3-8-21.)
 
7    Section 90-60. The Children's Mental Health Act is amended
8by changing Section 5 as follows:
 
9    (405 ILCS 49/5)
10    Sec. 5. Children's Mental Health Partnership; Children's
11Mental Health Plan.
12    (a) The Children's Mental Health Partnership (hereafter
13referred to as "the Partnership") created under Public Act
1493-495 and continued under Public Act 102-899 shall advise
15State agencies on designing and implementing short-term and
16long-term strategies to provide comprehensive and coordinated
17services for children from birth to age 25 and their families
18with the goal of addressing children's mental health needs
19across a full continuum of care, including social determinants
20of health, prevention, early identification, and treatment.
21The recommended strategies shall build upon the
22recommendations in the Children's Mental Health Plan of 2022
23and may include, but are not limited to, recommendations
24regarding the following:

 

 

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1        (1) Increasing public awareness on issues connected to
2    children's mental health and wellness to decrease stigma,
3    promote acceptance, and strengthen the ability of
4    children, families, and communities to access supports.
5        (2) Coordination of programs, services, and policies
6    across child-serving State agencies to best monitor and
7    assess spending, as well as foster innovation of adaptive
8    or new practices.
9        (3) Funding and resources for children's mental health
10    prevention, early identification, and treatment across
11    child-serving State agencies.
12        (4) Facilitation of research on best practices and
13    model programs and dissemination of this information to
14    State policymakers, practitioners, and the general public.
15        (5) Monitoring programs, services, and policies
16    addressing children's mental health and wellness.
17        (6) Growing, retaining, diversifying, and supporting
18    the child-serving workforce, with special emphasis on
19    professional development around child and family mental
20    health and wellness services.
21        (7) Supporting the design, implementation, and
22    evaluation of a quality-driven children's mental health
23    system of care across all child services that prevents
24    mental health concerns and mitigates trauma.
25        (8) Improving the system to more effectively meet the
26    emergency and residential placement needs for all children

 

 

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1    with severe mental and behavioral challenges.
2    (b) The Partnership shall have the responsibility of
3developing and updating the Children's Mental Health Plan and
4advising the relevant State agencies on implementation of the
5Plan. The Children's Mental Health Partnership shall be
6comprised of the following members:
7        (1) The Governor or his or her designee.
8        (2) The Attorney General or his or her designee.
9        (3) The Secretary of the Department of Human Services
10    or his or her designee.
11        (4) The State Superintendent of Education or his or
12    her designee.
13        (5) The Director of the Department of Children and
14    Family Services or his or her designee.
15        (6) The Director of the Department of Healthcare and
16    Family Services or his or her designee.
17        (7) The Director of the Department of Public Health or
18    his or her designee.
19        (8) The Director of the Department of Juvenile Justice
20    or his or her designee.
21        (9) The Secretary of Early Childhood Executive
22    Director of the Governor's Office of Early Childhood
23    Development or his or her designee.
24        (10) The Director of the Criminal Justice Information
25    Authority or his or her designee.
26        (11) One member of the General Assembly appointed by

 

 

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1    the Speaker of the House.
2        (12) One member of the General Assembly appointed by
3    the President of the Senate.
4        (13) One member of the General Assembly appointed by
5    the Minority Leader of the Senate.
6        (14) One member of the General Assembly appointed by
7    the Minority Leader of the House.
8        (15) Up to 25 representatives from the public
9    reflecting a diversity of age, gender identity, race,
10    ethnicity, socioeconomic status, and geographic location,
11    to be appointed by the Governor. Those public members
12    appointed under this paragraph must include, but are not
13    limited to:
14            (A) a family member or individual with lived
15        experience in the children's mental health system;
16            (B) a child advocate;
17            (C) a community mental health expert,
18        practitioner, or provider;
19            (D) a representative of a statewide association
20        representing a majority of hospitals in the State;
21            (E) an early childhood expert or practitioner;
22            (F) a representative from the K-12 school system;
23            (G) a representative from the healthcare sector;
24            (H) a substance use prevention expert or
25        practitioner, or a representative of a statewide
26        association representing community-based mental health

 

 

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1        substance use disorder treatment providers in the
2        State;
3            (I) a violence prevention expert or practitioner;
4            (J) a representative from the juvenile justice
5        system;
6            (K) a school social worker; and
7            (L) a representative of a statewide organization
8        representing pediatricians.
9        (16) Two co-chairs appointed by the Governor, one
10    being a representative from the public and one being a
11    representative from the State.
12    The members appointed by the Governor shall be appointed
13for 4 years with one opportunity for reappointment, except as
14otherwise provided for in this subsection. Members who were
15appointed by the Governor and are serving on January 1, 2023
16(the effective date of Public Act 102-899) shall maintain
17their appointment until the term of their appointment has
18expired. For new appointments made pursuant to Public Act
19102-899, members shall be appointed for one-year, 2-year, or
204-year terms, as determined by the Governor, with no more than
219 of the Governor's new or existing appointees serving the
22same term. Those new appointments serving a one-year or 2-year
23term may be appointed to 2 additional 4-year terms. If a
24vacancy occurs in the Partnership membership, the vacancy
25shall be filled in the same manner as the original appointment
26for the remainder of the term.

 

 

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1    The Partnership shall be convened no later than January
231, 2023 to discuss the changes in Public Act 102-899.
3    The members of the Partnership shall serve without
4compensation but may be entitled to reimbursement for all
5necessary expenses incurred in the performance of their
6official duties as members of the Partnership from funds
7appropriated for that purpose.
8    The Partnership may convene and appoint special committees
9or study groups to operate under the direction of the
10Partnership. Persons appointed to such special committees or
11study groups shall only receive reimbursement for reasonable
12expenses.
13    (b-5) The Partnership shall include an adjunct council
14comprised of no more than 6 youth aged 14 to 25 and 4
15representatives of 4 different community-based organizations
16that focus on youth mental health. Of the community-based
17organizations that focus on youth mental health, one of the
18community-based organizations shall be led by an
19LGBTQ-identified person, one of the community-based
20organizations shall be led by a person of color, and one of the
21community-based organizations shall be led by a woman. Of the
22representatives appointed to the council from the
23community-based organizations, at least one representative
24shall be LGBTQ-identified, at least one representative shall
25be a person of color, and at least one representative shall be
26a woman. The council members shall be appointed by the Chair of

 

 

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1the Partnership and shall reflect the racial, gender identity,
2sexual orientation, ability, socioeconomic, ethnic, and
3geographic diversity of the State, including rural, suburban,
4and urban appointees. The council shall make recommendations
5to the Partnership regarding youth mental health, including,
6but not limited to, identifying barriers to youth feeling
7supported by and empowered by the system of mental health and
8treatment providers, barriers perceived by youth in accessing
9mental health services, gaps in the mental health system,
10available resources in schools, including youth's perceptions
11and experiences with outreach personnel, agency websites, and
12informational materials, methods to destigmatize mental health
13services, and how to improve State policy concerning student
14mental health. The mental health system may include services
15for substance use disorders and addiction. The council shall
16meet at least 4 times annually.
17    (c) (Blank).
18    (d) The Illinois Children's Mental Health Partnership has
19the following powers and duties:
20        (1) Conducting research assessments to determine the
21    needs and gaps of programs, services, and policies that
22    touch children's mental health.
23        (2) Developing policy statements for interagency
24    cooperation to cover all aspects of mental health
25    delivery, including social determinants of health,
26    prevention, early identification, and treatment.

 

 

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1        (3) Recommending policies and providing information on
2    effective programs for delivery of mental health services.
3        (4) Using funding from federal, State, or
4    philanthropic partners, to fund pilot programs or research
5    activities to resource innovative practices by
6    organizational partners that will address children's
7    mental health. However, the Partnership may not provide
8    direct services.
9        (5) Submitting an annual report, on or before December
10    30 of each year, to the Governor and the General Assembly
11    on the progress of the Plan, any recommendations regarding
12    State policies, laws, or rules necessary to fulfill the
13    purposes of the Act, and any additional recommendations
14    regarding mental or behavioral health that the Partnership
15    deems necessary.
16        (6) Employing an Executive Director and setting the
17    compensation of the Executive Director and other such
18    employees and technical assistance as it deems necessary
19    to carry out its duties under this Section.
20    The Partnership may designate a fiscal and administrative
21agent that can accept funds to carry out its duties as outlined
22in this Section.
23    The Department of Healthcare and Family Services shall
24provide technical and administrative support for the
25Partnership.
26    (e) The Partnership may accept monetary gifts or grants

 

 

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1from the federal government or any agency thereof, from any
2charitable foundation or professional association, or from any
3reputable source for implementation of any program necessary
4or desirable to carry out the powers and duties as defined
5under this Section.
6    (f) On or before January 1, 2027, the Partnership shall
7submit recommendations to the Governor and General Assembly
8that includes recommended updates to the Act to reflect the
9current mental health landscape in this State.
10(Source: P.A. 102-16, eff. 6-17-21; 102-116, eff. 7-23-21;
11102-899, eff. 1-1-23; 102-1034, eff. 1-1-23; 103-154, eff.
126-30-23.)
 
13    Section 90-65. The Advisory Board for the Maternal and
14Child Health Block Grant Programs Act is amended by changing
15Section 15 as follows:
 
16    (410 ILCS 221/15)
17    Sec. 15. Advisory Board for the Maternal and Child Health
18Block Grant Programs.
19    (a) The Advisory Board for the Maternal and Child Health
20Block Grant Programs is created within the Department to
21advise the Department on programs and activities related to
22maternal and child health in the State of Illinois.
23    The Board shall consist of the Director's designee
24responsible for maternal and child health programs, who shall

 

 

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1serve as the Chair of the Board; the Department's Title V
2administrator, if the Director's designee is not serving in
3the capacity of Title V Director at the Department; one
4representative each from the Department of Early Childhood,
5the Department of Children and Family Services, the Department
6of Human Services, and the Department of Healthcare and Family
7Services, appointed by the Director or Secretary of each
8Department; the Director of the University of Illinois at
9Chicago's Division of Specialized Care for Children; 4 members
10of the General Assembly, one each appointed by the President
11and Minority Leader of the Senate and the Speaker and Minority
12Leader of the House of Representatives; and 20 additional
13members appointed by the Director.
14    Of the members appointed by the Director:
15        (1) Two shall be physicians licensed to practice
16    medicine in all of its branches who currently serve
17    patients enrolled in maternal and child health programs
18    funded by the State of Illinois, one of whom shall be an
19    individual with a specialty in obstetrics and gynecology
20    and one of whom shall be an individual with a specialty in
21    pediatric medicine;
22        (2) Sixteen shall be persons with expertise in one or
23    more of the following areas, with no more than 3 persons
24    from each listed area of expertise and with preference
25    given to the areas of need identified by the most recent
26    State needs assessment: the health of women, infants,

 

 

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1    young children, school-aged children, adolescents, and
2    children with special health care needs; public health;
3    epidemiology; behavioral health; nursing; social work;
4    substance abuse prevention; juvenile justice; oral health;
5    child development; chronic disease prevention; health
6    promotion; and education; 5 of the 16 members shall
7    represent organizations that provide maternal and child
8    health services with funds from the Department; and
9        (3) either 2 consumers who have received services
10    through a Department-funded maternal and child health
11    program, 2 representatives from advocacy groups that
12    advocate on behalf of such consumers, or one such consumer
13    and one such representative of an advocacy group.
14    Members appointed by the Director shall be selected to
15represent the racial, ethnic, and geographic diversity of the
16State's population and shall include representatives of local
17health departments, other direct service providers, and
18faculty of the University of Illinois at Chicago School of
19Public Health Center of Excellence in Maternal and Child
20Health.
21    Legislative members shall serve during their term of
22office in the General Assembly. Members appointed by the
23Director shall serve a term of 4 years or until their
24successors are appointed.
25    Any member appointed to fill a vacancy occurring prior to
26the expiration of the term for which his or her predecessor was

 

 

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1appointed shall be appointed for the remainder of such term.
2Members of the Board shall serve without compensation but
3shall be reimbursed for necessary expenses incurred in the
4performance of their duties.
5    (b) The Board shall advise the Director on improving the
6well-being of mothers, fathers, infants, children, families,
7and adults, considering both physical and social determinants
8of health, and using a life-span approach to health promotion
9and disease prevention in the State of Illinois. In addition,
10the Board shall review and make recommendations to the
11Department and the Governor in regard to the system for
12maternal and child health programs, collaboration, and
13interrelation between and delivery of programs, both within
14the Department and with related programs in other departments.
15In performing its duties, the Board may hold hearings
16throughout the State and advise and receive advice from any
17local advisory bodies created to address maternal and child
18health.
19    (c) The Board may offer recommendations and feedback
20regarding the development of the State's annual Maternal and
21Child Health Services Block Grant application and report as
22well as the periodic needs assessment.
23(Source: P.A. 99-901, eff. 8-26-16.)
 
24
ARTICLE 99. NONACCELERATION, SEVERABILITY,
25
AND

 

 

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1
EFFECTIVE DATE

 
2    Section 99-1. No acceleration or delay. Where this Act
3makes changes in a statute that is represented in this Act by
4text that is not yet or no longer in effect (for example, a
5Section represented by multiple versions), the use of that
6text does not accelerate or delay the taking effect of (i) the
7changes made by this Act or (ii) provisions derived from any
8other Public Act.
 
9    Section 99-5. Severability. The provisions of this Act are
10severable under Section 1.31 of the Statute on Statutes.
 
11    Section 99-99. Effective date. This Act takes effect upon
12becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    New Act
4    20 ILCS 5/5-10was 20 ILCS 5/2.1
5    20 ILCS 5/5-15was 20 ILCS 5/3
6    20 ILCS 5/5-20was 20 ILCS 5/4
7    20 ILCS 5/5-126 new
8    20 ILCS 5/5-336 new
9    20 ILCS 505/5.15
10    20 ILCS 505/5.20
11    20 ILCS 505/22.1from Ch. 23, par. 5022.1
12    20 ILCS 505/34.9from Ch. 23, par. 5034.9
13    20 ILCS 505/34.10from Ch. 23, par. 5034.10
14    20 ILCS 1305/1-75
15    20 ILCS 1305/10-16
16    20 ILCS 1305/10-22
17    20 ILCS 3933/10
18    30 ILCS 500/1-10
19    105 ILCS 5/1A-4from Ch. 122, par. 1A-4
20    105 ILCS 5/1C-2
21    105 ILCS 5/1C-4
22    105 ILCS 5/1D-1
23    105 ILCS 5/2-3.47from Ch. 122, par. 2-3.47
24    105 ILCS 5/2-3.64a-10
25    105 ILCS 5/2-3.71from Ch. 122, par. 2-3.71

 

 

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1    105 ILCS 5/2-3.71afrom Ch. 122, par. 2-3.71a
2    105 ILCS 5/2-3.79from Ch. 122, par. 2-3.79
3    105 ILCS 5/2-3.89from Ch. 122, par. 2-3.89
4    105 ILCS 5/10-22.6from Ch. 122, par. 10-22.6
5    105 ILCS 5/21B-50
6    105 ILCS 5/22-45
7    105 ILCS 5/26-19
8    105 ILCS 230/5-300
9    110 ILCS 28/25
10    110 ILCS 28/35
11    305 ILCS 5/2-12from Ch. 23, par. 2-12
12    305 ILCS 5/2-12.5
13    305 ILCS 5/9A-11from Ch. 23, par. 9A-11
14    305 ILCS 5/9A-11.5
15    305 ILCS 5/9A-17
16    325 ILCS 20/20.1 new
17    405 ILCS 47/35-5
18    405 ILCS 49/5
19    410 ILCS 221/15