Sen. Kimberly A. Lightford

Filed: 3/11/2024

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1

2    AMENDMENT NO. ______. Amend Senate Bill 1 by replacing
3everything after the enacting clause with the following:
 
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% the size of an adult's brain. Yet, an
11infant's brain has roughly 86 billion neurons, almost all the
12neurons 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

 

 

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1executive function skills like focusing attention, remembering
2instructions, and demonstrating self-control. Without these
3skills, children are not fully equipped to learn when they
4enter kindergarten. By age 5, 90% of brain development is
5complete.
6    (3) Prenatal programs improve the regular care of birthing
7parents, reduce the risk of infant low birth weight and
8mortality, and increase regular child wellness visits,
9screenings, and immunizations.
10    (4) Early childhood education and care not only improve
11school readiness and literacy, but also improve cognitive
12development for future success in life, school, and the
13workforce.
14    (5) Research shows that for every dollar invested in
15high-quality early childhood education and care, society gains
16over $7 in economic returns in the long-term.
17    (6) Supporting children means supporting their parents and
18families. The early childhood education and care industry is
19the workforce behind all other workforces. High-quality child
20care enables parents and families to consistently work and
21earn an income to support their children. Research also shows
22that early childhood education and care programs can reduce
23parental stress and improve family well-being.
24    (7) Investing in early childhood education and care is in
25the interest of all residents and will make Illinois the best
26state in the nation to raise young children.
 

 

 

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1    Section 1-10. Purpose. It is the purpose of this Act to
2provide for the creation of the Department of Early Childhood
3and to transfer to it certain rights, powers, duties, and
4functions currently exercised by various agencies of State
5Government. The Department of Early Childhood shall be the
6lead State agency for administering and providing early
7childhood education and care programs and services to children
8and families. This Act centralizes home-visiting services,
9early intervention services, preschool services, child care
10services, licensing for day care centers, day care homes, and
11group day care homes, and other early childhood education and
12care programs and administrative functions historically
13managed by the Illinois State Board of Education, the Illinois
14Department of Human Services, and the Illinois Department of
15Children and Family Services. Centralizing early childhood
16functions into a single State agency is intended to simplify
17the process for parents and caregivers to identify and enroll
18children in early childhood services, to create new,
19equity-driven statewide systems, to streamline administrative
20functions for providers, and to improve kindergarten readiness
21for children.
 
22    Section 1-11. Rights; privileges; protections.
23Notwithstanding any provision of law to the contrary, any
24rights, privileges, or protections afforded to students in

 

 

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1early childhood education and care programs, including
2undocumented students, under the School Code or any other
3provision of law shall not terminate upon the effective date
4of this Act.
 
5    Section 1-15. Definitions. As used in this Act, unless the
6context otherwise requires:
7    "Department" means the Department of Early Childhood.
8    "Secretary" means the Secretary of Early Childhood.
9    "Transferring agency" means the Department of Human
10Services, Department of Children and Family Services, and the
11State Board of Education.
 
12    Section 1-20. Department; Secretary; organization.
13    (a) The Department of Early Childhood is created and shall
14begin operation on July 1, 2024.
15    (b) The head officer of the Department is the Secretary.
16The Secretary shall be appointed by the Governor, with the
17advice and consent of the Senate. The initial term of the
18Secretary shall run from the date of appointment until January
1918, 2027, and until a successor has been appointed and
20qualified. Thereafter, the Secretary's term shall be as
21provided in Section 5-610 of the Civil Administrative Code of
22Illinois. The Department may employ or retain other persons to
23assist in the discharge of its functions, subject to the
24Personnel Code.

 

 

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1    (c) The Governor may, with the advice and consent of the
2Senate, appoint an appropriate number of persons to serve as
3Assistant Secretaries to head the major programmatic divisions
4of the Department. Assistant Secretaries shall not be subject
5to the Personnel Code.
6    (d) The Secretary shall create divisions and
7administrative units within the Department and shall assign
8functions, powers, duties, and personnel as may now or in the
9future be required by State or federal law. The Secretary may
10create other divisions and administrative units and may assign
11other functions, powers, duties, and personnel as may be
12necessary or desirable to carry out the functions and
13responsibilities vested by law in the Department.
 
14    Section 1-30. General powers and duties.
15    (a) The Department shall exercise the rights, powers,
16duties, and functions provided by law, including, but not
17limited to, the rights, powers, duties, and functions
18transferred to the Department.
19    (b) The Department may employ personnel (in accordance
20with the Personnel Code and any applicable collective
21bargaining agreements), provide facilities, contract for goods
22and services, and adopt rules as necessary to carry out its
23functions and purposes, all in accordance with applicable
24State and federal law.
25    The Department may establish such subdivisions of the

 

 

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1Department as shall be desirable and assign to the various
2subdivisions the responsibilities and duties placed upon the
3Department by the Laws of the State of Illinois.
4    The Department shall adopt, as necessary, rules for the
5execution of its powers. The provisions of the Illinois
6Administrative Procedure Act are hereby expressly adopted and
7shall apply to all administrative rules and procedures of the
8Department under this Act, except that Section 5-35 of the
9Illinois Administrative Procedure Act relating to procedures
10for rulemaking does not apply to the adoption of any rule
11required by federal law in connection with which the
12Department is precluded by law from exercising any discretion.
13    (c) Procurements necessary for the Department of Early
14Childhood to implement this Act are subject to the Illinois
15Procurement Code, except as otherwise provided in paragraph
16(25) of subsection (b) of Section 1-10 of that Code. The
17Department of Early Childhood is subject to the Business
18Enterprise for Minorities, Women, and Persons with
19Disabilities Act.
 
20    Section 1-35. Advisory body. By July 1, 2026, the
21Department shall create or designate an advisory body to
22counsel the Department on an ongoing basis, ensuring the
23Department functions with transparency, operates with a
24commitment to centering racial equity and to meaningful
25inclusion of parent, early childhood service provider, and

 

 

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1other public stakeholder engagement, feedback, and counsel,
2including the creation of committees or working groups, and
3devotes appropriate attention to data collection and timely
4public reporting. This advisory body's membership shall
5include representation from both public and private
6organizations, and its membership shall reflect the regional,
7racial, socioeconomic, and cultural diversity of the State to
8ensure representation of the needs of all Illinois children
9and families.
 
10
ARTICLE 10. POWERS AND DUTIES RELATING TO EARLY INTERVENTION
11
SERVICES

 
12    Section 10-5. Transition planning. Beginning July 1, 2024,
13the Department of Early Childhood and the Department of Human
14Services shall collaborate and plan for the transition of
15administrative responsibilities as prescribed in the Early
16Intervention Services System Act.
 
17    Section 10-10. Legislative findings and policy.
18    (a) The General Assembly finds that there is an urgent and
19substantial need to:
20        (1) enhance the development of all eligible infants
21    and toddlers in the State of Illinois in order to minimize
22    developmental delay and maximize individual potential for
23    adult independence;

 

 

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1        (2) enhance the capacity of families to meet the
2    special needs of eligible infants and toddlers including
3    the purchase of services when necessary;
4        (3) reduce educational costs by minimizing the need
5    for special education and related services when eligible
6    infants and toddlers reach school age;
7        (4) enhance the independence, productivity and
8    integration with age-appropriate peers of eligible
9    children and their families;
10        (5) reduce social services costs and minimize the need
11    for institutionalization; and
12        (6) prevent secondary impairments and disabilities by
13    improving the health of infants and toddlers, thereby
14    reducing health costs for the families and the State.
15        (b) The General Assembly therefore intends that the
16    policy of this State shall be to:
17        (1) affirm the importance of the family in all areas
18    of the child's development and reinforce the role of the
19    family as a participant in the decision-making processes
20    regarding their child;
21        (2) provide assistance and support to eligible infants
22    and toddlers and their families to address the individual
23    concerns and decisions of each family;
24        (3) develop and implement, on a statewide basis,
25    locally based comprehensive, coordinated,
26    interdisciplinary, interagency early intervention

 

 

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

 

 

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1coordination of payments for early intervention services from
2various public and private sources.
 
3    Section 10-15. Definitions. As used in this Act:
4    (a) "Eligible infants and toddlers" means infants and
5toddlers under 36 months of age with any of the following
6conditions:
7        (1) Developmental delays.
8        (2) A physical or mental condition which typically
9    results in developmental delay.
10        (3) Being at risk of having substantial developmental
11    delays based on informed clinical opinion.
12        (4) Either (A) having entered the program under any of
13    the circumstances listed in paragraphs (1) through (3) of
14    this subsection but no longer meeting the current
15    eligibility criteria under those paragraphs, and
16    continuing to have any measurable delay, or (B) not having
17    attained a level of development in each area, including
18    (i) cognitive, (ii) physical (including vision and
19    hearing), (iii) language, speech, and communication, (iv)
20    social or emotional, or (v) adaptive, that is at least at
21    the mean of the child's age equivalent peers; and, in
22    addition to either item (A) or item (B), (C) having been
23    determined by the multidisciplinary individualized family
24    service plan team to require the continuation of early
25    intervention services in order to support continuing

 

 

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1    developmental progress, pursuant to the child's needs and
2    provided in an appropriate developmental manner. The type,
3    frequency, and intensity of services shall differ from the
4    initial individualized family services plan because of the
5    child's developmental progress, and may consist of only
6    service coordination, evaluation, and assessments.
7    "Eligible infants and toddlers" includes any child under
8the age of 3 who is the subject of a substantiated case of
9child abuse or neglect as defined in the federal Child Abuse
10Prevention and Treatment Act.
11    (b) "Developmental delay" means a delay in one or more of
12the following areas of childhood development as measured by
13appropriate diagnostic instruments and standard procedures:
14cognitive; physical, including vision and hearing; language,
15speech and communication; social or emotional; or adaptive.
16The term means a delay of 30% or more below the mean in
17function in one or more of those areas.
18    (c) "Physical or mental condition which typically results
19in developmental delay" means:
20        (1) a diagnosed medical disorder or exposure to a
21    toxic substance bearing a relatively well known expectancy
22    for developmental outcomes within varying ranges of
23    developmental disabilities; or
24        (2) a history of prenatal, perinatal, neonatal or
25    early developmental events suggestive of biological
26    insults to the developing central nervous system and which

 

 

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1    either singly or collectively increase the probability of
2    developing a disability or delay based on a medical
3    history.
4    (d) "Informed clinical opinion" means both clinical
5observations and parental participation to determine
6eligibility by a consensus of a multidisciplinary team of 2 or
7more members based on their professional experience and
8expertise.
9    (e) "Early intervention services" means services which:
10        (1) are designed to meet the developmental needs of
11    each child eligible under this Act and the needs of his or
12    her family;
13        (2) are selected in collaboration with the child's
14    family;
15        (3) are provided under public supervision;
16        (4) are provided at no cost except where a schedule of
17    sliding scale fees or other system of payments by families
18    has been adopted in accordance with State and federal law;
19        (5) are designed to meet an infant's or toddler's
20    developmental needs in any of the following areas:
21            (A) physical development, including vision and
22        hearing,
23            (B) cognitive development,
24            (C) communication development,
25            (D) social or emotional development, or
26            (E) adaptive development;

 

 

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

 

 

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1    not limited to:
2            (A) child development specialists or special
3        educators, including teachers of children with hearing
4        impairments (including deafness) and teachers of
5        children with vision impairments (including
6        blindness),
7            (B) speech and language pathologists and
8        audiologists,
9            (C) occupational therapists,
10            (D) physical therapists,
11            (E) social workers,
12            (F) nurses,
13            (G) dietitian nutritionists,
14            (H) vision specialists, including ophthalmologists
15        and optometrists,
16            (I) psychologists, and
17            (J) physicians;
18        (9) are provided in conformity with an Individualized
19    Family Service Plan;
20        (10) are provided throughout the year; and
21        (11) are provided in natural environments, to the
22    maximum extent appropriate, which may include the home and
23    community settings, unless justification is provided
24    consistent with federal regulations adopted under Sections
25    1431 through 1444 of Title 20 of the United States Code.
26    (f) "Individualized Family Service Plan" or "Plan" means a

 

 

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1written plan for providing early intervention services to a
2child eligible under this Act and the child's family, as set
3forth in Section 10-65.
4    (g) "Local interagency agreement" means an agreement
5entered into by local community and State and regional
6agencies receiving early intervention funds directly from the
7State and made in accordance with State interagency agreements
8providing for the delivery of early intervention services
9within a local community area.
10    (h) "Council" means the Illinois Interagency Council on
11Early Intervention established under Section 10-30.
12    (i) "Lead agency" means the State agency responsible for
13administering this Act and receiving and disbursing public
14funds received in accordance with State and federal law and
15rules.
16    (i-5) "Central billing office" means the central billing
17office created by the lead agency under Section 10-75.
18    (j) "Child find" means a service which identifies eligible
19infants and toddlers.
20    (k) "Regional intake entity" means the lead agency's
21designated entity responsible for implementation of the Early
22Intervention Services System within its designated geographic
23area.
24    (l) "Early intervention provider" means an individual who
25is qualified, as defined by the lead agency, to provide one or
26more types of early intervention services, and who has

 

 

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1enrolled as a provider in the early intervention program.
2    (m) "Fully credentialed early intervention provider" means
3an individual who has met the standards in the State
4applicable to the relevant profession, and has met such other
5qualifications as the lead agency has determined are suitable
6for personnel providing early intervention services, including
7pediatric experience, education, and continuing education. The
8lead agency shall establish these qualifications by rule filed
9no later than 180 days after the effective date of this Act.
10    (n) "Telehealth" has the meaning given to that term in
11Section 5 of the Telehealth Act.
12    (o) "Department" means Department of Early Childhood
13unless otherwise specified.
 
14    Section 10-25. Services delivered by telehealth. An early
15intervention provider may deliver via telehealth any type of
16early intervention service outlined in subsection (e) of
17Section 10-15 to the extent of the early intervention
18provider's scope of practice as established in the provider's
19respective licensing Act consistent with the standards of care
20for in-person services. This Section shall not be construed to
21alter the scope of practice of any early intervention provider
22or authorize the delivery of early intervention services in a
23setting or in a manner not otherwise authorized by the laws of
24this State.
 

 

 

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1    Section 10-30. Illinois Interagency Council on Early
2Intervention.
3    (a) There is established the Illinois Interagency Council
4on Early Intervention. The Council shall be composed of at
5least 20 but not more than 30 members. The members of the
6Council and the designated chairperson of the Council shall be
7appointed by the Governor. The Council member representing the
8lead agency may not serve as chairperson of the Council. On and
9after July 1, 2026, the Council shall be composed of the
10following members:
11    (1) The Secretary of Early Childhood (or the Secretary's
12designee) and 2 additional representatives of the Department
13of Early Childhood designated by the Secretary, plus the
14Directors (or their designees) of the following State agencies
15involved in the provision of or payment for early intervention
16services to eligible infants and toddlers and their families:
17        (A) Department of Insurance; and
18        (B) Department of Healthcare and Family Services.
19    (2) Other members as follows:
20        (A) At least 20% of the members of the Council shall be
21    parents, including minority parents, of infants or
22    toddlers with disabilities or children with disabilities
23    aged 12 or younger, with knowledge of, or experience with,
24    programs for infants and toddlers with disabilities. At
25    least one such member shall be a parent of an infant or
26    toddler with a disability or a child with a disability

 

 

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1    aged 6 or younger;
2        (B) At least 20% of the members of the Council shall be
3    public or private providers of early intervention
4    services;
5        (C) One member shall be a representative of the
6    General Assembly;
7        (D) One member shall be involved in the preparation of
8    professional personnel to serve infants and toddlers
9    similar to those eligible for services under this Act;
10        (E) Two members shall be from advocacy organizations
11    with expertise in improving health, development, and
12    educational outcomes for infants and toddlers with
13    disabilities;
14        (F) One member shall be a Child and Family Connections
15    manager from a rural district;
16        (G) One member shall be a Child and Family Connections
17    manager from an urban district;
18        (H) One member shall be the co-chair of the Illinois
19    Early Learning Council (or their designee); and
20        (I) Members representing the following agencies or
21    entities: the Department of Human Services; the State
22    Board of Education; the Department of Public Health; the
23    Department of Children and Family Services; the University
24    of Illinois Division of Specialized Care for Children; the
25    Illinois Council on Developmental Disabilities; Head Start
26    or Early Head Start; and the Department of Human Services'

 

 

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1    Division of Mental Health. A member may represent one or
2    more of the listed agencies or entities.
3    The Council shall meet at least quarterly and in such
4places as it deems necessary. The Council shall be a
5continuation of the Council that was created under Section 4
6of the Early Intervention Services System Act and that is
7repealed on July 1, 2026 by Section 20.1 of the Early
8Intervention Services System Act. Members serving on June 30,
92026 who have served more than 2 consecutive terms shall
10continue to serve on the Council on and after July 1, 2026.
11Once appointed, members shall continue to serve until their
12successors are appointed. Successors appointed under paragraph
13(2) shall serve 3-year terms. No member shall be appointed to
14serve more than 2 consecutive terms.
15    Council members shall serve without compensation but shall
16be reimbursed for reasonable costs incurred in the performance
17of their duties, including costs related to child care, and
18parents may be paid a stipend in accordance with applicable
19requirements.
20    The Council shall prepare and approve a budget using funds
21appropriated for the purpose to hire staff, and obtain the
22services of such professional, technical, and clerical
23personnel as may be necessary to carry out its functions under
24this Act. This funding support and staff shall be directed by
25the lead agency.
26    (b) The Council shall:

 

 

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1        (1) advise and assist the lead agency in the
2    performance of its responsibilities including but not
3    limited to the identification of sources of fiscal and
4    other support services for early intervention programs,
5    and the promotion of interagency agreements which assign
6    financial responsibility to the appropriate agencies;
7        (2) advise and assist the lead agency in the
8    preparation of applications and amendments to
9    applications;
10        (3) review and advise on relevant rules and standards
11    proposed by the related State agencies;
12        (4) advise and assist the lead agency in the
13    development, implementation and evaluation of the
14    comprehensive early intervention services system;
15        (4.5) coordinate and collaborate with State
16    interagency early learning initiatives, as appropriate;
17    and
18        (5) prepare and submit an annual report to the
19    Governor and to the General Assembly on the status of
20    early intervention programs for eligible infants and
21    toddlers and their families in Illinois. The annual report
22    shall include (i) the estimated number of eligible infants
23    and toddlers in this State, (ii) the number of eligible
24    infants and toddlers who have received services under this
25    Act and the cost of providing those services, and (iii)
26    the estimated cost of providing services under this Act to

 

 

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1    all eligible infants and toddlers in this State. The
2    report shall be posted by the lead agency on the early
3    intervention website as required under paragraph (f) of
4    Section 10-35 of this Act.
5    No member of the Council shall cast a vote on or
6participate substantially in any matter which would provide a
7direct financial benefit to that member or otherwise give the
8appearance of a conflict of interest under State law. All
9provisions and reporting requirements of the Illinois
10Governmental Ethics Act shall apply to Council members.
 
11    Section 10-35. Lead agency. Through June 30, 2026, the
12Department of Human Services is designated the lead agency and
13shall provide leadership in establishing and implementing the
14coordinated, comprehensive, interagency and interdisciplinary
15system of early intervention services. On and after July 1,
162026, the Department of Early Childhood is designated the lead
17agency and shall provide leadership in establishing and
18implementing the coordinated, comprehensive, interagency and
19interdisciplinary system of early intervention services. The
20lead agency shall not have the sole responsibility for
21providing these services. Each participating State agency
22shall continue to coordinate those early intervention services
23relating to health, social service and education provided
24under this authority.
25    The lead agency is responsible for carrying out the

 

 

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1following:
2        (a) The general administration, supervision, and
3    monitoring of programs and activities receiving assistance
4    under Section 673 of the Individuals with Disabilities
5    Education Act (20 United States Code 1473).
6        (b) The identification and coordination of all
7    available resources within the State from federal, State,
8    local and private sources.
9        (c) The development of procedures to ensure that
10    services are provided to eligible infants and toddlers and
11    their families in a timely manner pending the resolution
12    of any disputes among public agencies or service
13    providers.
14        (d) The resolution of intra-agency and interagency
15    regulatory and procedural disputes.
16        (e) The development and implementation of formal
17    interagency agreements, and the entry into such
18    agreements, between the lead agency and (i) the Department
19    of Healthcare and Family Services, (ii) the University of
20    Illinois Division of Specialized Care for Children, and
21    (iii) other relevant State agencies that:
22            (1) define the financial responsibility of each
23        agency for paying for early intervention services
24        (consistent with existing State and federal law and
25        rules, including the requirement that early
26        intervention funds be used as the payor of last

 

 

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1        resort), a hierarchical order of payment as among the
2        agencies for early intervention services that are
3        covered under or may be paid by programs in other
4        agencies, and procedures for direct billing,
5        collecting reimbursements for payments made, and
6        resolving service and payment disputes; and
7            (2) include all additional components necessary to
8        ensure meaningful cooperation and coordination. By
9        January 31, 2027, interagency agreements under this
10        paragraph (e) must be reviewed and revised to
11        implement the purposes of this Act.
12        (f) The maintenance of an early intervention website.
13    The lead agency shall post and keep posted on this website
14    the following: (i) the current annual report required
15    under subdivision (b)(5) of Section 10-30 of this Act, and
16    the annual reports of the prior 3 years, (ii) the most
17    recent Illinois application for funds prepared under
18    Section 637 of the Individuals with Disabilities Education
19    Act filed with the United States Department of Education,
20    (iii) proposed modifications of the application prepared
21    for public comment, (iv) notice of Council meetings,
22    Council agendas, and minutes of its proceedings for at
23    least the previous year, (v) proposed and final early
24    intervention rules, and (vi) all reports created for
25    dissemination to the public that are related to the early
26    intervention program, including reports prepared at the

 

 

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1    request of the Council and the General Assembly. Each such
2    document shall be posted on the website within 3 working
3    days after the document's completion.
4        (g) Before adopting any new policy or procedure
5    (including any revisions to an existing policy or
6    procedure) needed to comply with Part C of the Individuals
7    with Disabilities Education Act, the lead agency must hold
8    public hearings on the new policy or procedure, provide
9    notice of the hearings at least 30 days before the
10    hearings are conducted to enable public participation, and
11    provide an opportunity for the general public, including
12    individuals with disabilities and parents of infants and
13    toddlers with disabilities, early intervention providers,
14    and members of the Council to comment for at least 30 days
15    on the new policy or procedure needed to comply with Part C
16    of the Individuals with Disabilities Education Act and
17    with 34 CFR Part 300 and Part 303.
 
18    Section 10-40. Local structure and interagency councils.
19The lead agency, in conjunction with the Council and as
20defined by administrative rule, shall define local service
21areas and define the geographic boundaries of each so that all
22areas of the State are included in a local service area but no
23area of the State is included in more than one service area. In
24each local service area, the lead agency shall designate a
25regional entity responsible for the assessment of eligibility

 

 

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1and services and a local interagency council responsible for
2coordination and design of child find and public awareness.
3The regional entity shall be responsible for staffing the
4local council, carrying out child find and public awareness
5activities, and providing advocacy for eligible families
6within the given geographic area. The regional entity is the
7prime contractor responsible to the lead agency for
8implementation of this Act.
9    The lead agency, in conjunction with the Council, shall
10create local interagency councils. Members of each local
11interagency council shall include, but not be limited to, the
12following: parents; representatives from coordination and
13advocacy service providers; local education agencies; other
14local public and private service providers; representatives
15from State agencies at the local level; and others deemed
16necessary by the local council.
17    Local interagency councils shall:
18        (a) assist in the development of collaborative
19    agreements between local service providers, diagnostic and
20    other agencies providing additional services to the child
21    and family;
22        (b) assist in conducting local needs assessments and
23    planning efforts;
24        (c) identify and resolve local access issues;
25        (d) conduct collaborative child find activities;
26        (e) coordinate public awareness initiatives;

 

 

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1        (f) coordinate local planning and evaluation;
2        (g) assist in the recruitment of specialty personnel;
3        (h) develop plans for facilitating transition and
4    integration of eligible children and families into the
5    community;
6        (i) facilitate conflict resolution at the local level;
7    and
8        (j) report annually to the Council.
 
9    Section 10-45. Essential components of the statewide
10service system. As required by federal laws and regulations, a
11statewide system of coordinated, comprehensive, interagency
12and interdisciplinary programs shall be established and
13maintained. The framework of the statewide system shall be
14based on the components set forth in this Section. This
15framework shall be used for planning, implementation,
16coordination and evaluation of the statewide system of locally
17based early intervention services.
18    The statewide system shall include, at a minimum:
19        (a) a definition of the term "developmentally
20    delayed", in accordance with the definition in Section
21    10-15, that will be used in Illinois in carrying out
22    programs under this Act;
23        (b) timetables for ensuring that appropriate early
24    intervention services, based on scientifically based
25    research, to the extent practicable, will be available to

 

 

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1    all eligible infants and toddlers in this State after the
2    effective date of this Act;
3        (c) a timely, comprehensive, multidisciplinary
4    evaluation of each potentially eligible infant and toddler
5    in this State, unless the child meets the definition of
6    eligibility based upon his or her medical and other
7    records; for a child determined eligible, a
8    multidisciplinary assessment of the unique strengths and
9    needs of that infant or toddler and the identification of
10    services appropriate to meet those needs and a
11    family-directed assessment of the resources, priorities,
12    and concerns of the family and the identification of
13    supports and services necessary to enhance the family's
14    capacity to meet the developmental needs of that infant or
15    toddler;
16        (d) for each eligible infant and toddler, an
17    Individualized Family Service Plan, including service
18    coordination (case management) services;
19        (e) a comprehensive child find system, consistent with
20    Part B of the Individuals with Disabilities Education Act
21    (20 United States Code 1411 through 1420 and as set forth
22    in 34 CFR 300.115), which includes timelines and provides
23    for participation by primary referral sources;
24        (f) a public awareness program focusing on early
25    identification of eligible infants and toddlers;
26        (g) a central directory which includes public and

 

 

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1    private early intervention services, resources, and
2    experts available in this State, professional and other
3    groups (including parent support groups and training and
4    information centers) that provide assistance to infants
5    and toddlers with disabilities who are eligible for early
6    intervention programs assisted under Part C of the
7    Individuals with Disabilities Education Act and their
8    families, and research and demonstration projects being
9    conducted in this State relating to infants and toddlers
10    with disabilities;
11        (h) a comprehensive system of personnel development;
12        (i) a policy pertaining to the contracting or making
13    of other arrangements with public and private service
14    providers to provide early intervention services in this
15    State, consistent with the provisions of this Act,
16    including the contents of the application used and the
17    conditions of the contract or other arrangements;
18        (j) a procedure for securing timely reimbursement of
19    funds;
20        (k) procedural safeguards with respect to programs
21    under this Act;
22        (l) policies and procedures relating to the
23    establishment and maintenance of standards to ensure that
24    personnel necessary to carry out this Act are
25    appropriately and adequately prepared and trained;
26        (m) a system of evaluation of, and compliance with,

 

 

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1    program standards;
2        (n) a system for compiling data on the numbers of
3    eligible infants and toddlers and their families in this
4    State in need of appropriate early intervention services;
5    the numbers served; the types of services provided; and
6    other information required by the State or federal
7    government; and
8        (o) a single line of responsibility in a lead agency
9    designated by the Governor to carry out its
10    responsibilities as required by this Act.
11    In addition to these required components, linkages may be
12established within a local community area among the prenatal
13initiatives affording services to high risk pregnant women.
14Additional linkages among at risk programs and local literacy
15programs may also be established.
16    On and after July 1, 2026, the Department of Early
17Childhood shall continue implementation of the 5-fiscal-year
18implementation plan that was created by the Department of
19Human Services with the concurrence of the Interagency Council
20on Early Intervention. The plan shall list specific activities
21to be accomplished each year, with cost estimates for each
22activity. The lead agency shall, with the concurrence of the
23Interagency Council, submit to the Governor's Office a report
24on accomplishments of the previous year and a revised list of
25activities for the remainder of the 5-fiscal-year plan, with
26cost estimates for each. The Governor shall certify that

 

 

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1specific activities in the plan for the previous year have
2been substantially completed before authorizing relevant State
3or local agencies to implement activities listed in the
4revised plan that depend substantially upon completion of one
5or more of the earlier activities.
 
6    Section 10-50. Authority to adopt rules. The lead agency
7shall adopt rules under this Act. These rules shall reflect
8the intent of federal regulations adopted under Part C of the
9Individuals with Disabilities Education Improvement Act of
102004 (Sections 1431 through 1444 of Title 20 of the United
11States Code).
 
12    Section 10-55. Role of other State entities. The
13Departments of Public Health, Early Childhood, Human Services,
14Children and Family Services, and Healthcare and Family
15Services; the University of Illinois Division of Specialized
16Care for Children; the State Board of Education; and any other
17State agency which directly or indirectly provides or
18administers early intervention services shall adopt compatible
19rules for the provision of services to eligible infants and
20toddlers and their families by July 1, 2026.
21    These agencies shall enter into and maintain formal
22interagency agreements to enable the State and local agencies
23serving eligible children and their families to establish
24working relationships that will increase the efficiency and

 

 

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1effectiveness of their early intervention services. The
2agreements shall outline the administrative, program and
3financial responsibilities of the relevant State agencies and
4shall implement a coordinated service delivery system through
5local interagency agreements.
6    There shall be created in the Office of the Governor an
7Early Childhood Intervention Ombudsman to assist families and
8local parties in ensuring that all State agencies serving
9eligible families do so in a comprehensive and collaborative
10manner. The Governor shall appoint the Ombudsman, which shall
11be a continuation of the position that was created under
12Section 9 of the Early Intervention Services System Act and
13that is repealed on July 1, 2026 by Section 20.1 of the Early
14Intervention Services System Act.
 
15    Section 10-60. Standards. The Council and the lead agency,
16with assistance from parents and providers, shall develop and
17promulgate policies and procedures relating to the
18establishment and implementation of program and personnel
19standards to ensure that services provided are consistent with
20any State-approved or recognized certification, licensing,
21registration, or other comparable requirements which apply to
22the area of early intervention program service standards. Only
23State-approved public or private early intervention service
24providers shall be eligible to receive State and federal
25funding for early intervention services. All early childhood

 

 

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

 

 

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1    Section 10-65. Individualized Family Service Plans.
2    (a) Each eligible infant or toddler and that infant's or
3toddler's family shall receive:
4        (1) timely, comprehensive, multidisciplinary
5    assessment of the unique strengths and needs of each
6    eligible infant and toddler, and assessment of the
7    concerns and priorities of the families to appropriately
8    assist them in meeting their needs and identify supports
9    and services to meet those needs; and
10        (2) a written Individualized Family Service Plan
11    developed by a multidisciplinary team which includes the
12    parent or guardian. The individualized family service plan
13    shall be based on the multidisciplinary team's assessment
14    of the resources, priorities, and concerns of the family
15    and its identification of the supports and services
16    necessary to enhance the family's capacity to meet the
17    developmental needs of the infant or toddler, and shall
18    include the identification of services appropriate to meet
19    those needs, including the frequency, intensity, and
20    method of delivering services. During and as part of the
21    initial development of the individualized family services
22    plan, and any periodic reviews of the plan, the
23    multidisciplinary team may seek consultation from the lead
24    agency's designated experts, if any, to help determine
25    appropriate services and the frequency and intensity of

 

 

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

 

 

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

 

 

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

 

 

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1    (f) The individualized family service plan must state
2whether the family has private insurance coverage and, if the
3family has such coverage, must have attached to it a copy of
4the family's insurance identification card or otherwise
5include all of the following information:
6        (1) The name, address, and telephone number of the
7    insurance carrier.
8        (2) The contract number and policy number of the
9    insurance plan.
10        (3) The name, address, and social security number of
11    the primary insured.
12        (4) The beginning date of the insurance benefit year.
13    (g) A copy of the individualized family service plan must
14be provided to each enrolled provider who is providing early
15intervention services to the child who is the subject of that
16plan.
17    (h) Children receiving services under this Act shall
18receive a smooth and effective transition by their third
19birthday consistent with federal regulations adopted pursuant
20to Sections 1431 through 1444 of Title 20 of the United States
21Code. Beginning January 1, 2022, children who receive early
22intervention services prior to their third birthday and are
23found eligible for an individualized education program under
24the Individuals with Disabilities Education Act, 20 U.S.C.
251414(d)(1)(A), and under Section 14-8.02 of the School Code
26and whose birthday falls between May 1 and August 31 may

 

 

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

 

 

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

 

 

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

 

 

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1be used by the lead agency to pay the provider of services (A)
2pending reimbursement from the appropriate State agency or (B)
3if (i) the claim for payment is denied in whole or in part by a
4public or private source, or would be denied under the written
5terms of the public program or plan or private plan, or (ii)
6use of private insurance for the service has been exempted
7under Section 10-100. Payment under item (B)(i) may be made
8based on a pre-determination telephone inquiry supported by
9written documentation of the denial supplied thereafter by the
10insurance carrier.
11    (d) Nothing in this Act shall be construed to permit the
12State to reduce medical or other assistance available or to
13alter eligibility under Title V and Title XIX of the Social
14Security Act relating to the Maternal Child Health Program and
15Medicaid for eligible infants and toddlers in this State.
16    (e) The lead agency shall create a central billing office
17to receive and dispense all relevant State and federal
18resources, as well as local government or independent
19resources available, for early intervention services. This
20office shall assure that maximum federal resources are
21utilized and that providers receive funds with minimal
22duplications or interagency reporting and with consolidated
23audit procedures.
24    (f) The lead agency shall, by rule, create a system of
25payments by families, including a schedule of fees. No fees,
26however, may be charged for implementing child find,

 

 

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1evaluation and assessment, service coordination,
2administrative and coordination activities related to the
3development, review, and evaluation of Individualized Family
4Service Plans, or the implementation of procedural safeguards
5and other administrative components of the statewide early
6intervention system.
7    The system of payments, called family fees, shall be
8structured on a sliding scale based on the family's ability to
9pay. The family's coverage or lack of coverage under a public
10or private insurance plan or policy shall not be a factor in
11determining the amount of the family fees.
12    Each family's fee obligation shall be established
13annually, and shall be paid by families to the central billing
14office in installments. At the written request of the family,
15the fee obligation shall be adjusted prospectively at any
16point during the year upon proof of a change in family income
17or family size. The inability of the parents of an eligible
18child to pay family fees due to catastrophic circumstances or
19extraordinary expenses shall not result in the denial of
20services to the child or the child's family. A family must
21document its extraordinary expenses or other catastrophic
22circumstances by showing one of the following: (i)
23out-of-pocket medical expenses in excess of 15% of gross
24income; (ii) a fire, flood, or other disaster causing a direct
25out-of-pocket loss in excess of 15% of gross income; or (iii)
26other catastrophic circumstances causing out-of-pocket losses

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1providers; and
2    (b) Courses held no less than twice per year for no fewer
3than 4 hours each in no fewer than 5 separate locales
4throughout the State each on the following topics:
5        (1) Practice and procedures of private insurance
6    billing.
7        (2) The role of the regional intake entities; service
8    coordination; program eligibility determinations; family
9    fees; any federally funded, Department of Healthcare and
10    Family Services administered, medical programs, and
11    Division of Specialized Care applications, referrals, and
12    coordination with Early Intervention; and procedural
13    safeguards.
14        (3) Introduction to the early intervention program,
15    including provider enrollment and credentialing, overview
16    of Early Intervention program policies and rules, and
17    billing requirements.
18        (4) Evaluation and assessment of birth-to-3 children;
19    individualized family service plan development,
20    monitoring, and review; best practices; service
21    guidelines; and quality assurance.
 
22    Section 10-110. Contracting. In accordance with Section
231-30(c) of this Act, the lead agency may enter into contracts
24for some or all of its responsibilities under this Act,
25including, but not limited to: credentialing and enrolling

 

 

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1providers; training under Section 10-105; maintaining a
2central billing office; data collection and analysis;
3establishing and maintaining a computerized case management
4system accessible to local referral offices and providers;
5creating and maintaining a system for provider credentialing
6and enrollment; creating and maintaining the central directory
7required under subsection (g) of Section 10-45 of this Act;
8and program operations. Contracts with or grants to regional
9intake entities must be made subject to public bid under a
10request for proposals process.
 
11    Section 10-120. Early Intervention Services Revolving
12Fund. The Early Intervention Services Revolving Fund, created
13by Public Act 89-106, shall be held by the lead agency.
14    The Early Intervention Services Revolving Fund shall be
15used to the extent determined necessary by the lead agency to
16pay for early intervention services.
17    Local Accounts for such purposes may be established by the
18lead agency.
19    Expenditures from the Early Intervention Services
20Revolving Fund shall be made in accordance with applicable
21program provisions and shall be limited to those purposes and
22amounts specified under applicable program guidelines. Funding
23of the Fund shall be from family fees, insurance company
24payments, federal financial participation received as
25reimbursement for expenditures from the Fund, and

 

 

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

 
13    Section 15-5. Transition of administrative
14responsibilities related to home-visiting services Beginning
15July 1, 2024, the Department of Early Childhood and the
16Department of Human Services shall collaborate and plan for
17the transition of administrative responsibilities related to
18home-visiting services as prescribed in Section 10-16 of the
19Department of Human Services Act.
 
20    Section 15-10. Home visiting program.
21    (a) The General Assembly finds that research-informed home
22visiting programs work to strengthen families' functioning and
23support parents in caring for their children to ensure optimal

 

 

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

 

 

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

 

 

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

 

 

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1    (g) An advisory committee shall advise the Department
2administering home-visiting programs subject to Section
315-10(b) and Section 15-10(b-5) concerning the implementation
4of the home visiting program. The advisory committee shall
5make recommendations on policy and implementation. The
6Department shall determine whether the advisory committee
7shall be a newly created body or an existing body such as a
8committee of the Illinois Early Learning Council. The advisory
9committee shall consist of one or more representatives of the
10Department, other members representing public and private
11entities that serve and interact with the families served
12under the home visiting program, with the input of families
13engaged in home visiting or related services themselves.
14Family input may be secured by engaging families as members of
15this advisory committee or as a separate committee of family
16representatives.
17    (h) The Department of Early Childhood may adopt any rules
18necessary to implement this Section.
 
19    Section 15-15. Collaboration; planning. Beginning July 1,
202024, the Department of Early Childhood shall collaborate with
21the Illinois State Board of Education on administration of the
22early childhood programs established in Sections 1C-2, 2-3.71,
232-3.71a, and 2-3.89 of the School Code. The Department of
24Early Childhood and the Illinois State Board of Education
25shall plan for the transfer of administrative responsibilities

 

 

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

 

 

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1this Section may subcontract with other eligible entities.
2    (c) The Department shall report to the General Assembly by
3July 1, 2028 and every 2 years thereafter, using the most
4current data available, on the status of programs funded under
5this Section, including without limitation characteristics of
6participants, services delivered, program models used, unmet
7needs, and results of the programs funded.
 
8    Section 15-25. Block grants.
9    (a) Through June 30, 2026, the State Board of Education
10shall award block grants to school districts and other
11entities pursuant to Section 1C-2 of the School Code.
12    (b) On and after July 1, 2026, the Department of Early
13Childhood shall award to school districts and other entities
14block grants as described in subsection (c). The Department of
15Early Childhood may adopt rules necessary to implement this
16Section. Block grants are subject to audit. Therefore, block
17grant receipts and block grant expenditures shall be recorded
18to the appropriate fund code.
19    (c) An Early Childhood Education Block Grant shall be
20created by combining the following programs: Preschool
21Education, Parental Training and Prevention Initiative. These
22funds shall be distributed to school districts and other
23entities on a competitive basis, except that the Department of
24Early Childhood shall award to a school district having a
25population exceeding 500,000 inhabitants 37% of the funds in

 

 

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1each fiscal year. Not less than 14% of the Early Childhood
2Education Block Grant allocation of funds shall be used to
3fund programs for children ages 0-3. Beginning in Fiscal Year
42016, at least 25% of any additional Early Childhood Education
5Block Grant funding over and above the previous fiscal year's
6allocation shall be used to fund programs for children ages
70-3. Once the percentage of Early Childhood Education Block
8Grant funding allocated to programs for children ages 0-3
9reaches 20% of the overall Early Childhood Education Block
10Grant allocation for a full fiscal year, thereafter in
11subsequent fiscal years the percentage of Early Childhood
12Education Block Grant funding allocated to programs for
13children ages 0-3 each fiscal year shall remain at least 20% of
14the overall Early Childhood Education Block Grant allocation.
15However, if, in a given fiscal year, the amount appropriated
16for the Early Childhood Education Block Grant is insufficient
17to increase the percentage of the grant to fund programs for
18children ages 0-3 without reducing the amount of the grant for
19existing providers of preschool education programs, then the
20percentage of the grant to fund programs for children ages 0-3
21may be held steady instead of increased.
22    (d) A school district in a city having a population
23exceeding 500,000 is not required to file any application or
24other claim in order to receive the block grant to which it is
25entitled under this Section. The Department of Early Childhood
26shall make payments to the district of amounts due under the

 

 

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

 

 

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

 

 

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

 

 

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1    the program. Such funds shall be distributed to achieve a
2    goal of "Preschool for All Children" for the benefit of
3    all children whose families choose to participate in the
4    program. Based on available appropriations, newly funded
5    programs shall be selected through a process giving first
6    priority to qualified programs serving primarily at-risk
7    children and second priority to qualified programs serving
8    primarily children with a family income of less than 4
9    times the poverty guidelines updated periodically in the
10    Federal Register by the U.S. Department of Health and
11    Human Services under the authority of 42 U.S.C. 9902(2).
12    For purposes of this paragraph (4), at-risk children are
13    those who because of their home and community environment
14    are subject to such language, cultural, economic and like
15    disadvantages to cause them to have been determined as a
16    result of screening procedures to be at risk of academic
17    failure. Through June 30, 2026, such screening procedures
18    shall be based on criteria established by the State Board
19    of Education. On and after July 1, 2026, such screening
20    procedures shall be based on criteria established by the
21    Department of Early Childhood. Except as otherwise
22    provided in this paragraph (4), grantees under the program
23    must enter into a memorandum of understanding with the
24    appropriate local Head Start agency. This memorandum must
25    be entered into no later than 3 months after the award of a
26    grantee's grant under the program and must address

 

 

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1    collaboration between the grantee's program and the local
2    Head Start agency on certain issues, which shall include
3    without limitation the following:
4            (A) educational activities, curricular objectives,
5        and instruction;
6            (B) public information dissemination and access to
7        programs for families contacting programs;
8            (C) service areas;
9            (D) selection priorities for eligible children to
10        be served by programs;
11            (E) maximizing the impact of federal and State
12        funding to benefit young children;
13            (F) staff training, including opportunities for
14        joint staff training;
15            (G) technical assistance;
16            (H) communication and parent outreach for smooth
17        transitions to kindergarten;
18            (I) provision and use of facilities,
19        transportation, and other program elements;
20            (J) facilitating each program's fulfillment of its
21        statutory and regulatory requirements;
22            (K) improving local planning and collaboration;
23        and
24            (L) providing comprehensive services for the
25        neediest Illinois children and families. Through June
26        30, 2026, if the appropriate local Head Start agency

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1        necessary, including, but not limited to,
2        developmental screenings, referrals to programs and
3        services administered by a local educational agency or
4        early intervention agency under Parts B and C of the
5        federal Individual with Disabilities Education Act,
6        and consultation with infant and early childhood
7        mental health consultants and the child's health care
8        provider. The program shall document attempts to
9        engage these resources, including parent or legal
10        guardian participation and consent attempted and
11        obtained. Communication with the parent or legal
12        guardian shall take place in a culturally and
13        linguistically competent manner.
14            (C) If there is documented evidence that all
15        available interventions and supports recommended by a
16        qualified professional have been exhausted and the
17        program determines in its professional judgment that
18        transitioning a child to another program is necessary
19        for the well-being of the child or his or her peers and
20        staff, with parent or legal guardian permission, both
21        the current and pending programs shall create a
22        transition plan designed to ensure continuity of
23        services and the comprehensive development of the
24        child. Communication with families shall occur in a
25        culturally and linguistically competent manner.
26            (D) Nothing in this paragraph (7) shall preclude a

 

 

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1        parent's or legal guardian's right to voluntarily
2        withdraw his or her child from an early childhood
3        program. Early childhood programs shall request and
4        keep on file, when received, a written statement from
5        the parent or legal guardian stating the reason for
6        his or her decision to withdraw his or her child.
7            (E) In the case of the determination of a serious
8        safety threat to a child or others or in the case of
9        behaviors listed in subsection (d) of Section 10-22.6
10        of the School Code, the temporary removal of a child
11        from attendance in group settings may be used.
12        Temporary removal of a child from attendance in a
13        group setting shall trigger the process detailed in
14        subparagraphs (A), (B), and (C) of this paragraph (7),
15        with the child placed back in a group setting as
16        quickly as possible.
17            (F) Early childhood programs may use and the
18        Department of Early Childhood, State Board of
19        Education, the Department of Human Services, and the
20        Department of Children and Family Services shall
21        recommend training, technical support, and
22        professional development resources to improve the
23        ability of teachers, administrators, program
24        directors, and other staff to promote social-emotional
25        development and behavioral health, to address
26        challenging behaviors, and to understand trauma and

 

 

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

 

 

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

 

 

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1                (iv) Hours of infant and early childhood
2            mental health consultant contact with program
3            leaders, staff, and families over the program
4            year.
5            (H) Changes to services for children with an
6        individualized education program or individual family
7        service plan shall be construed in a manner consistent
8        with the federal Individuals with Disabilities
9        Education Act.
10        The Department of Early Childhood, in consultation
11    with the Department of Children and Family Services, shall
12    adopt rules to administer this paragraph (7).
13    (b) Notwithstanding any other provisions of this Section,
14grantees may serve children ages 0 to 12 of essential workers
15if the Governor has declared a disaster due to a public health
16emergency pursuant to Section 7 of the Illinois Emergency
17Management Agency Act. The Department of Early Childhood may
18adopt rules to administer this subsection.
 
19    Section 15-35. Chronic absenteeism in preschool children.
20    (a) In this Section, "chronic absence" means absences that
21total 10% or more of school days of the most recent academic
22school year, including absences with and without valid cause,
23as defined in Section 26-2a of the School Code.
24    (b) The General Assembly makes all of the following
25findings:

 

 

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

 

 

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

 

 

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1purchase a standardized assessment for students enrolled or
2preparing to enroll in prekindergarten, other than for
3diagnostic and screening purposes.
4    (c) Consistent with Section 2-3.64a-15 of the School Code,
5the Department of Early Childhood may not provide funding for
6any standardized assessment of students enrolled or preparing
7to enroll in prekindergarten, other than for diagnostic and
8screening purposes.
9    (d) Nothing in this Section shall be construed to limit
10the ability of a classroom teacher or school district to
11develop, purchase, administer, or score an assessment for an
12individual classroom, grade level, or group of grade levels in
13any subject area in prekindergarten.
14    (e) Nothing in this Section limits procedures used by a
15school or school district for child find under 34 CFR
16300.111(c) or evaluation under 34 CFR 300.304.
17    (f) Nothing in this Section restricts the use of an annual
18assessment of English proficiency of all English learners to
19comply with Section 1111(b)(2)(G) of the federal Elementary
20and Secondary Education Act of 1965.
 
21    Section 15-45. Grants for early childhood parental
22training programs. On and after July 1, 2026, the Department
23of Early Childhood shall implement and administer a grant
24program consisting of grants to public school districts and
25other eligible entities, as defined by the Department, to

 

 

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

 

 

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

 

 

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1child care expenses from the school district receiving funds
2pursuant to this Section.
3    (f) Districts and other eligible entities receiving grants
4pursuant to this Section shall coordinate programs created
5under this Section with other preschool educational programs,
6including "at-risk" preschool programs, special and vocational
7education, and related services provided by other governmental
8agencies and not-for-profit agencies.
9    (g) Early childhood programs under this Section are
10subject to the requirements under paragraph (7) of subsection
11(a) of Section 15-30 of this Act.
 
12    Section 15-50. Early childhood construction grants.
13    (a) The Capital Development Board is authorized to make
14grants to public school districts and not-for-profit entities
15for early childhood construction projects, except that in
16Fiscal Year 2024 those grants may be made only to public school
17districts. These grants shall be paid out of moneys
18appropriated for that purpose from the School Construction
19Fund, the Build Illinois Bond Fund, or the Rebuild Illinois
20Projects Fund. No grants may be awarded to entities providing
21services within private residences. A public school district
22or other eligible entity must provide local matching funds in
23the following manner:
24        (1) A public school district assigned to Tier 1 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 3% of
3    the grant awarded under this Section.
4        (2) A public school district assigned to Tier 2 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 7.5% of
8    the grant awarded under this Section.
9        (3) A public school district assigned to Tier 3 under
10    Section 18-8.15 of the School Code or any other eligible
11    entity in an area encompassed by that district must
12    provide local matching funds in an amount equal to 8.75%
13    of the grant awarded under this Section.
14        (4) A public school district assigned to Tier 4 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 10% of
18    the grant awarded under this Section.
19    A public school district or other eligible entity has no
20entitlement to a grant under this Section.
21    (b) The Capital Development Board shall adopt rules to
22implement this Section. These rules need not be the same as the
23rules for school construction project grants or school
24maintenance project grants. The rules may specify:
25        (1) the manner of applying for grants;
26        (2) project eligibility requirements;

 

 

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1        (3) restrictions on the use of grant moneys;
2        (4) the manner in which school districts and other
3    eligible entities must account for the use of grant
4    moneys;
5        (5) requirements that new or improved facilities be
6    used for early childhood and other related programs for a
7    period of at least 10 years; and
8        (6) any other provision that the Capital Development
9    Board determines to be necessary or useful for the
10    administration of this Section.
11    (b-5) When grants are made to non-profit corporations for
12the acquisition or construction of new facilities, the Capital
13Development Board or any State agency it so designates shall
14hold title to or place a lien on the facility for a period of
1510 years after the date of the grant award, after which title
16to the facility shall be transferred to the non-profit
17corporation or the lien shall be removed, provided that the
18non-profit corporation has complied with the terms of its
19grant agreement. When grants are made to non-profit
20corporations for the purpose of renovation or rehabilitation,
21if the non-profit corporation does not comply with item (5) of
22subsection (b) of this Section, the Capital Development Board
23or any State agency it so designates shall recover the grant
24pursuant to the procedures outlined in the Illinois Grant
25Funds Recovery Act.
26    (c) On and after July 1, 2026, the Capital Development

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1
CARE LICENSING

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

 

 

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

 

 

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1Illinois Housing Development Authority, and other state
2agencies as determined by the Department shall act in a
3consulting role only for the evaluation of applicants, scoring
4of applicants, or administration of the grant program.
 
5    Section 20-15. Day care services.
6    (a) For the purpose of ensuring effective statewide
7planning, development, and utilization of resources for the
8day care of children, operated under various auspices, the
9Department of Early Childhood is designated on and after July
101, 2026 to coordinate all day care activities for children of
11the State and shall develop or continue, and shall update
12every year, a State comprehensive day care plan for submission
13to the Governor that identifies high-priority areas and
14groups, relating them to available resources and identifying
15the most effective approaches to the use of existing day care
16services. The State comprehensive day care plan shall be made
17available to the General Assembly following the Governor's
18approval of the plan.
19    The plan shall include methods and procedures for the
20development of additional day care resources for children to
21meet the goal of reducing short-run and long-run dependency
22and to provide necessary enrichment and stimulation to the
23education of young children. Recommendations shall be made for
24State policy on optimum use of private and public, local,
25State and federal resources, including an estimate of the

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 
24    Section 80-5. Transfer of functions. On and after July 1,

 

 

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12026:
2    (a) The powers, duties, rights, and responsibilities
3vested in the transferring agencies relating to early care and
4education programs and services to children and families
5transferred by this Act shall be vested in and shall be
6exercised by the Department of Early Childhood.
7    (b) Personnel employed by the Department of Human Services
8or the Department of Children and Family Services who are
9engaged in the performance of functions transferred to the
10Department or who are engaged in the administration of a law
11the administration of which is transferred to the Department
12shall be transferred to the Department of Early Childhood.
13    (c) All books, records, papers, documents, property (real
14and personal), contracts, causes of action, and pending
15business pertaining to the powers, duties, rights, and
16responsibilities relating to functions transferred under this
17Act to the Department of Early Childhood, including, but not
18limited to, material in electronic or magnetic format and
19necessary computer hardware and software, shall be transferred
20to the Department.
21    (d) Whenever reports or notices are now required to be
22made or given or papers or documents furnished or served by any
23person in connection with any of the powers, duties, rights,
24and responsibilities relating to functions transferred by this
25Act, the same shall be made, given, furnished, or served in the
26same manner to or upon the Department.

 

 

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

 

 

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

 

 

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

 

 

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

 
5    Section 90-5. The Civil Administrative Code of Illinois is
6amended by changing Sections 5-10, 5-15, and 5-20 and by
7adding Section 5-336 as follows:
 
8    (20 ILCS 5/5-10)  (was 20 ILCS 5/2.1)
9    Sec. 5-10. "Director". As used in the Civil Administrative
10Code of Illinois, unless the context clearly indicates
11otherwise, the word "director" means the several directors of
12the departments of State government as designated in Section
135-20 of this Law and includes the Secretary of Early
14Childhood, the Secretary of Financial and Professional
15Regulation, the Secretary of Innovation and Technology, the
16Secretary of Human Services, and the Secretary of
17Transportation.
18(Source: P.A. 100-611, eff. 7-20-18.)
 
19    (20 ILCS 5/5-15)  (was 20 ILCS 5/3)
20    Sec. 5-15. Departments of State government. The
21Departments of State government are created as follows:
22    The Department on Aging.

 

 

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

 

 

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

 

 

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1    Director of Healthcare and Family Services, for the
2Department of Healthcare and Family Services.
3    Director of Human Rights, for the Department of Human
4Rights.
5    Secretary of Human Services, for the Department of Human
6Services.
7    Secretary of Innovation and Technology, for the Department
8of Innovation and Technology.
9    Director of Insurance, for the Department of Insurance.
10    Director of Juvenile Justice, for the Department of
11Juvenile Justice.
12    Director of Labor, for the Department of Labor.
13    Director of the Lottery, for the Department of the
14Lottery.
15    Director of Natural Resources, for the Department of
16Natural Resources.
17    Director of Public Health, for the Department of Public
18Health.
19    Director of Revenue, for the Department of Revenue.
20    Director of the Illinois State Police, for the Illinois
21State Police.
22    Secretary of Transportation, for the Department of
23Transportation.
24    Director of Veterans' Affairs, for the Department of
25Veterans' Affairs.
26(Source: P.A. 102-538, eff. 8-20-21.)
 

 

 

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1    (20 ILCS 5/5-336 new)
2    Sec. 5-336. In the Department of Early Childhood. For
3terms beginning on or after July 1, 2024, the Secretary shall
4receive an annual salary of $214,988 or as set by the Governor,
5whichever is higher. On July 1, 2025, and on each July 1
6thereafter, the Secretary shall receive an increase in salary
7based on the cost of living adjustment as authorized by Senate
8Joint Resolution 192 of the 86th General Assembly.
 
9    Section 90-10. The Children and Family Services Act is
10amended by changing Sections 5a, 5.15, 5.20, 22.1, 34.9, and
1134.10 as follows:
 
12    (20 ILCS 505/5a)  (from Ch. 23, par. 5005a)
13    Sec. 5a. Reimbursable services for which the Department of
14Children and Family Services shall pay 100% of the reasonable
15cost pursuant to a written contract negotiated between the
16Department and the agency furnishing the services (which shall
17include but not be limited to the determination of reasonable
18cost, the services being purchased and the duration of the
19agreement) include, but are not limited to:
 
20SERVICE ACTIVITIES
21    Adjunctive Therapy;
22    Child Care Service, including day care;

 

 

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1    Clinical Therapy;
2    Custodial Service;
3    Field Work Students;
4    Food Service;
5    Normal Education;
6    In-Service Training;
7    Intake or Evaluation, or both;
8    Medical Services;
9    Recreation;
10    Social Work or Counselling, or both;
11    Supportive Staff;
12    Volunteers.
 
13OBJECT EXPENSES
14    Professional Fees and Contract Service Payments;
15    Supplies;
16    Telephone and Telegram;
17    Occupancy;
18    Local Transportation;
19    Equipment and Other Fixed Assets, including amortization
20        of same;
21    Miscellaneous.
 
22ADMINISTRATIVE COSTS
23    Program Administration;
24    Supervision and Consultation;

 

 

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1    Inspection and Monitoring for purposes of issuing
2        licenses;
3    Determination of Children who are eligible
4    for federal or other reimbursement;
5    Postage and Shipping;
6    Outside Printing, Artwork, etc.;
7    Subscriptions and Reference Publications;
8    Management and General Expense.
9Reimbursement of administrative costs other than inspection
10and monitoring for purposes of issuing licenses may not exceed
1120% of the costs for other services.
12    The Department may offer services to any child or family
13with respect to whom a report of suspected child abuse or
14neglect has been called in to the hotline after completion of a
15family assessment as provided under subsection (a-5) of
16Section 7.4 of the Abused and Neglected Child Reporting Act
17and the Department has determined that services are needed to
18address the safety of the child and other family members and
19the risk of subsequent maltreatment. Acceptance of such
20services shall be voluntary.
21    All Object Expenses, Service Activities and Administrative
22Costs are allowable.
23    If a survey instrument is used in the rate setting
24process:
25        (a) with respect to any day care centers, it shall be
26    limited to those agencies which receive reimbursement from

 

 

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1    the State;
2        (b) the cost survey instrument shall be promulgated by
3    rule;
4        (c) any requirements of the respondents shall be
5    promulgated by rule;
6        (d) all screens, limits or other tests of
7    reasonableness, allowability and reimbursability shall be
8    promulgated by rule;
9        (e) adjustments may be made by the Department to rates
10    when it determines that reported wage and salary levels
11    are insufficient to attract capable caregivers in
12    sufficient numbers.
13    The Department of Children and Family Services may pay
14100% of the reasonable costs of research and valuation focused
15exclusively on services to youth in care. Such research
16projects must be approved, in advance, by the Director of the
17Department.
18    In addition to reimbursements otherwise provided for in
19this Section, the Department of Human Services, through June
2030, 2026 and Department of Early Childhood beginning on and
21after July 1, 2026, shall, in accordance with annual written
22agreements, make advance quarterly disbursements to local
23public agencies for child day care services with funds
24appropriated from the Local Effort Day Care Fund.
25    Neither the Department of Children and Family Services nor
26the Department of Human Services through June 30, 2026 and the

 

 

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1Department of Early Childhood beginning on and after July 1,
22026 shall pay or approve reimbursement for day care in a
3facility which is operating without a valid license or permit,
4except in the case of day care homes or day care centers which
5are exempt from the licensing requirements of the Child Care
6Act of 1969.
7    The rates paid to day care providers by the Department of
8Children and Family Services shall match the rates paid to
9child care providers by the Department of Human Services,
10including base rates and any relevant rate enhancements
11through June 30, 2026. On and after July 1, 2026, the
12Department of Early Childhood shall pay day care providers,
13who service the Department of Children and Family Services
14under the child care assistance program, including base rates
15and any relevant rate enhancements.
16    In addition to reimbursements otherwise provided for in
17this Section, the Department of Human Services shall, in
18accordance with annual written agreements, make advance
19quarterly disbursements to local public agencies for child day
20care services with funds appropriated from the Local Effort
21Day Care Fund.
22    Neither the Department of Children and Family Services nor
23the Department of Human Services shall pay or approve
24reimbursement for day care in a facility which is operating
25without a valid license or permit, except in the case of day
26care homes or day care centers which are exempt from the

 

 

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1licensing requirements of the "Child Care Act of 1969".
2    The rates paid to day care providers by the Department of
3Children and Family Services shall match the rates paid to
4child care providers by the Department of Human Services under
5the child care assistance program, including base rates and
6any relevant rate enhancements.
7(Source: P.A. 102-926, eff. 7-1-23.)
 
8    (20 ILCS 505/5.15)
9    Sec. 5.15. Day care Daycare; Department of Human Services.
10    (a) For the purpose of ensuring effective statewide
11planning, development, and utilization of resources for the
12day care of children, operated under various auspices, the
13Department of Human Services is designated to coordinate all
14day care activities for children of the State and shall
15develop or continue, and shall update every year, a State
16comprehensive day-care plan for submission to the Governor
17that identifies high-priority areas and groups, relating them
18to available resources and identifying the most effective
19approaches to the use of existing day care services. The State
20comprehensive day-care plan shall be made available to the
21General Assembly following the Governor's approval of the
22plan.
23    The plan shall include methods and procedures for the
24development of additional day care resources for children to
25meet the goal of reducing short-run and long-run dependency

 

 

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

 

 

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1        (3) The average wages and salaries and fringe benefit
2    packages paid to caregivers throughout the State, computed
3    on a regional basis, compared to similarly qualified
4    employees in other but related fields.
5        (4) The qualifications of new caregivers hired at
6    licensed day care facilities during the previous 2-year
7    period.
8        (5) Recommendations for increasing caregiver wages and
9    salaries to ensure quality care for children.
10        (6) Evaluation of the fee structure and income
11    eligibility for child care subsidized by the State.
12    The requirement for reporting to the General Assembly
13shall be satisfied by filing copies of the report as required
14by Section 3.1 of the General Assembly Organization Act, and
15filing such additional copies with the State Government Report
16Distribution Center for the General Assembly as is required
17under paragraph (t) of Section 7 of the State Library Act.
18    (b) The Department of Human Services shall establish
19policies and procedures for developing and implementing
20interagency agreements with other agencies of the State
21providing child care services or reimbursement for such
22services. The plans shall be annually reviewed and modified
23for the purpose of addressing issues of applicability and
24service system barriers.
25    (c) In cooperation with other State agencies, the
26Department of Human Services shall develop and implement, or

 

 

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1shall continue, a resource and referral system for the State
2of Illinois either within the Department or by contract with
3local or regional agencies. Funding for implementation of this
4system may be provided through Department appropriations or
5other inter-agency funding arrangements. The resource and
6referral system shall provide at least the following services:
7        (1) Assembling and maintaining a data base on the
8    supply of child care services.
9        (2) Providing information and referrals for parents.
10        (3) Coordinating the development of new child care
11    resources.
12        (4) Providing technical assistance and training to
13    child care service providers.
14        (5) Recording and analyzing the demand for child care
15    services.
16    (d) The Department of Human Services shall conduct day
17care planning activities with the following priorities:
18        (1) Development of voluntary day care resources
19    wherever possible, with the provision for grants-in-aid
20    only where demonstrated to be useful and necessary as
21    incentives or supports. By January 1, 2002, the Department
22    shall design a plan to create more child care slots as well
23    as goals and timetables to improve quality and
24    accessibility of child care.
25        (2) Emphasis on service to children of recipients of
26    public assistance when such service will allow training or

 

 

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1    employment of the parent toward achieving the goal of
2    independence.
3        (3) (Blank).
4        (4) Care of children from families in stress and
5    crises whose members potentially may become, or are in
6    danger of becoming, non-productive and dependent.
7        (5) Expansion of family day care facilities wherever
8    possible.
9        (6) Location of centers in economically depressed
10    neighborhoods, preferably in multi-service centers with
11    cooperation of other agencies. The Department shall
12    coordinate the provision of grants, but only to the extent
13    funds are specifically appropriated for this purpose, to
14    encourage the creation and expansion of child care centers
15    in high need communities to be issued by the State,
16    business, and local governments.
17        (7) Use of existing facilities free of charge or for
18    reasonable rental whenever possible in lieu of
19    construction.
20        (8) Development of strategies for assuring a more
21    complete range of day care options, including provision of
22    day care services in homes, in schools, or in centers,
23    which will enable a parent or parents to complete a course
24    of education or obtain or maintain employment and the
25    creation of more child care options for swing shift,
26    evening, and weekend workers and for working women with

 

 

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1    sick children. The Department shall encourage companies to
2    provide child care in their own offices or in the building
3    in which the corporation is located so that employees of
4    all the building's tenants can benefit from the facility.
5        (9) Development of strategies for subsidizing students
6    pursuing degrees in the child care field.
7        (10) Continuation and expansion of service programs
8    that assist teen parents to continue and complete their
9    education.
10    Emphasis shall be given to support services that will help
11to ensure such parents' graduation from high school and to
12services for participants in any programs of job training
13conducted by the Department.
14    (e) The Department of Human Services shall actively
15stimulate the development of public and private resources at
16the local level. It shall also seek the fullest utilization of
17federal funds directly or indirectly available to the
18Department.
19    Where appropriate, existing non-governmental agencies or
20associations shall be involved in planning by the Department.
21    (f) To better accommodate the child care needs of low
22income working families, especially those who receive
23Temporary Assistance for Needy Families (TANF) or who are
24transitioning from TANF to work, or who are at risk of
25depending on TANF in the absence of child care, the Department
26shall complete a study using outcome-based assessment

 

 

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1measurements to analyze the various types of child care needs,
2including but not limited to: child care homes; child care
3facilities; before and after school care; and evening and
4weekend care. Based upon the findings of the study, the
5Department shall develop a plan by April 15, 1998, that
6identifies the various types of child care needs within
7various geographic locations. The plan shall include, but not
8be limited to, the special needs of parents and guardians in
9need of non-traditional child care services such as early
10mornings, evenings, and weekends; the needs of very low income
11families and children and how they might be better served; and
12strategies to assist child care providers to meet the needs
13and schedules of low income families.
14    (g) This Section is repealed on July 1, 2026.
15(Source: P.A. 100-1148, eff. 12-10-18.)
 
16    (20 ILCS 505/5.20)
17    Sec. 5.20. Child care for former public aid recipients;
18Department of Human Services. The Department of Human Services
19may provide child care services to former recipients of
20assistance under the Illinois Public Aid Code as authorized by
21Section 9-6.3 of that Code. This Section is repealed on July 1,
222026.
23(Source: P.A. 89-507, eff. 7-1-97.)
 
24    (20 ILCS 505/22.1)  (from Ch. 23, par. 5022.1)

 

 

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1    Sec. 22.1. Grants-in-aid for child care services;
2Department of Human Services.
3    (a) Blank.
4    (b) Blank.
5    (c) The Department of Human Services shall establish and
6operate day care facilities for the children of migrant
7workers in areas of the State where they are needed. The
8Department may provide these day care services by contracting
9with private centers if practicable. "Migrant worker" means
10any person who moves seasonally from one place to another,
11within or without the State, for the purpose of employment in
12agricultural activities. This Section is repealed on July 1,
132026.
14(Source: P.A. 97-516, eff. 8-23-11.)
 
15    (20 ILCS 505/34.9)  (from Ch. 23, par. 5034.9)
16    Sec. 34.9. The Department may, in conjunction with
17colleges or universities in this State, establish programs to
18train low-income older persons to be child care workers. The
19Department shall prescribe, by rule:
20    (a) age and income qualifications for persons to be
21trained under such programs; and
22    (b) standards for such programs to ensure that such
23programs train participants to be skilled workers for the
24child care industry.
25    This Section is repealed on July 1, 2026.

 

 

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1(Source: P.A. 86-889.)
 
2    (20 ILCS 505/34.10)  (from Ch. 23, par. 5034.10)
3    Sec. 34.10. Home child care demonstration project;
4conversion and renovation grants; Department of Human
5Services.
6    (a) The legislature finds that the demand for quality
7child care far outweighs the number of safe, quality spaces
8for our children. The purpose of this Section is to increase
9the number of child care providers by:
10        (1) developing a demonstration project to train
11    individuals to become home child care providers who are
12    able to establish and operate their own child care
13    facility; and
14        (2) providing grants to convert and renovate existing
15    facilities.
16    (b) The Department of Human Services may from
17appropriations from the Child Care Development Block Grant
18establish a demonstration project to train individuals to
19become home child care providers who are able to establish and
20operate their own home-based child care facilities. The
21Department of Human Services is authorized to use funds for
22this purpose from the child care and development funds
23deposited into the DHS Special Purposes Trust Fund as
24described in Section 12-10 of the Illinois Public Aid Code or
25deposited into the Employment and Training Fund as described

 

 

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1in Section 12-10.3 of the Illinois Public Aid Code. As an
2economic development program, the project's focus is to foster
3individual self-sufficiency through an entrepreneurial
4approach by the creation of new jobs and opening of new small
5home-based child care businesses. The demonstration project
6shall involve coordination among State and county governments
7and the private sector, including but not limited to: the
8community college system, the Departments of Labor and
9Commerce and Economic Opportunity, the State Board of
10Education, large and small private businesses, nonprofit
11programs, unions, and child care providers in the State.
12    The Department shall submit:
13        (1) a progress report on the demonstration project to
14    the legislature by one year after January 1, 1992 (the
15    effective date of Public Act 87-332); and
16        (2) a final evaluation report on the demonstration
17    project, including findings and recommendations, to the
18    legislature by one year after the due date of the progress
19    report.
20    (c) The Department of Human Services may from
21appropriations from the Child Care Development Block Grant
22provide grants to family child care providers and center based
23programs to convert and renovate existing facilities, to the
24extent permitted by federal law, so additional family child
25care homes and child care centers can be located in such
26facilities.

 

 

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1        (1) Applications for grants shall be made to the
2    Department and shall contain information as the Department
3    shall require by rule. Every applicant shall provide
4    assurance to the Department that:
5            (A) the facility to be renovated or improved shall
6        be used as family child care home or child care center
7        for a continuous period of at least 5 years;
8            (B) any family child care home or child care
9        center program located in a renovated or improved
10        facility shall be licensed by the Department;
11            (C) the program shall comply with applicable
12        federal and State laws prohibiting discrimination
13        against any person on the basis of race, color,
14        national origin, religion, creed, or sex;
15            (D) the grant shall not be used for purposes of
16        entertainment or perquisites;
17            (E) the applicant shall comply with any other
18        requirement the Department may prescribe to ensure
19        adherence to applicable federal, State, and county
20        laws;
21            (F) all renovations and improvements undertaken
22        with funds received under this Section shall comply
23        with all applicable State and county statutes and
24        ordinances including applicable building codes and
25        structural requirements of the Department; and
26            (G) the applicant shall indemnify and save

 

 

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

 

 

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1        (3) In selecting applicants for funding, the
2    Department shall make every effort to ensure that family
3    child care home or child care center facilities are
4    equitably distributed throughout the State according to
5    demographic need. The Department shall give priority
6    consideration to rural/Downstate areas of the State that
7    are currently experiencing a shortage of child care
8    services.
9        (4) In considering applications for grants to renovate
10    or improve an existing facility used for the operations of
11    a family child care home or child care center, the
12    Department shall give preference to applications to
13    renovate facilities most in need of repair to address
14    safety and habitability concerns. No grant shall be
15    disbursed unless an agreement is entered into between the
16    applicant and the State, by and through the Department.
17    The agreement shall include the assurances and conditions
18    required by this Section and any other terms which the
19    Department may require.
20    (d) This Section is repealed on July 1, 2026.
21(Source: P.A. 103-363, eff. 7-28-23.)
 
22    Section 90-15. The Department of Human Services Act is
23amended by changing Sections 1-75, 10-16, and 10-22 as
24follows:
 

 

 

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1    (20 ILCS 1305/1-75)
2    Sec. 1-75. Off-Hours Child Care Program.
3    (a) Legislative intent. The General Assembly finds that:
4        (1) Finding child care can be a challenge for
5    firefighters, paramedics, police officers, nurses, and
6    other third shift workers across the State who often work
7    non-typical work hours. This can impact home life, school,
8    bedtime routines, job safety, and the mental health of
9    some of our most critical front line workers and their
10    families.
11        (2) There is a need for increased options for
12    off-hours child care in the State. A majority of the
13    State's child care facilities do not provide care outside
14    of normal work hours, with just 3,251 day care homes and
15    435 group day care homes that provide night care.
16        (3) Illinois has a vested interest in ensuring that
17    our first responders and working families can provide
18    their children with appropriate care during off hours to
19    improve the morale of existing first responders and to
20    improve recruitment into the future.
21    (b) As used in this Section, "first responders" means
22emergency medical services personnel as defined in the
23Emergency Medical Services (EMS) Systems Act, firefighters,
24law enforcement officers, and, as determined by the
25Department, any other workers who, on account of their work
26schedule, need child care outside of the hours when licensed

 

 

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1child care facilities typically operate.
2    (c) Subject to appropriation, the Department of Human
3Services shall establish and administer an Off-Hours Child
4Care Program to help first responders and other workers
5identify and access off-hours, night, or sleep time child
6care. Services funded under the program must address the child
7care needs of first responders. Funding provided under the
8program may also be used to cover any capital and operating
9expenses related to the provision of off-hours, night, or
10sleep time child care for first responders. Funding awarded
11under this Section shall be funded through appropriations from
12the Off-Hours Child Care Program Fund created under subsection
13(d). The Department shall implement the program by July 1,
142023. The Department may adopt any rules necessary to
15implement the program.
16    (d) The Off-Hours Child Care Program Fund is created as a
17special fund in the State treasury. The Fund shall consist of
18any moneys appropriated to the Department of Human Services
19for the Off-Hours Child Care Program. Moneys in the Fund shall
20be expended for the Off-Hours Child Care Program and for no
21other purpose. All interest earned on moneys in the Fund shall
22be deposited into the Fund.
23    (e) This Section is repealed on July 1, 2026.
24(Source: P.A. 102-912, eff. 5-27-22; 103-154, eff. 6-30-23.)
 
25    (20 ILCS 1305/10-16)

 

 

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

 

 

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

 

 

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1Section and any other rules that may be adopted by the
2Department. Successful grantees under this program shall
3comply with policies and procedures on program, data, and
4expense reporting as developed by the Department.
5    (d) Funds received under this Section shall supplement,
6not supplant, other existing or new federal, State, or local
7sources of funding for these services. Any new federal funding
8received shall supplement and not supplant funding for this
9program.
10    (e) The Department shall collaborate with relevant
11agencies to support the coordination and alignment of home
12visiting services provided through other State and federal
13funds, to the extent possible. The Department shall
14collaborate with the State Board of Education, the Department
15of Healthcare and Family Services, and Head Start and Early
16Head Start in the implementation of these services to support
17alignment with home visiting services provided through the
18Early Childhood Block Grant and the State's Medical Assistance
19Program, respectively, to the extent possible.
20    (f) An advisory committee shall advise the Department
21concerning the implementation of the home visiting program.
22The advisory committee shall make recommendations on policy
23and implementation. The Department shall determine whether the
24advisory committee shall be a newly created body or an
25existing body such as a committee of the Illinois Early
26Learning Council. The advisory committee shall consist of one

 

 

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1or more representatives of the Department, other members
2representing public and private entities that serve and
3interact with the families served under the home visiting
4program, with the input of families engaged in home visiting
5or related services themselves. Family input may be secured by
6engaging families as members of this advisory committee or as
7a separate committee of family representatives.
8    (g) The Department may adopt any rules necessary to
9implement this Section.
10    (i) This Section is repealed on July 1, 2026.
11(Source: P.A. 103-498, eff. 1-1-24.)
 
12    (20 ILCS 1305/10-22)
13    Sec. 10-22. Great START program.
14    (a) The Department of Human Services shall, subject to a
15specific appropriation for this purpose, operate a Great START
16(Strategy To Attract and Retain Teachers) program. The goal of
17the program is to improve children's developmental and
18educational outcomes in child care by encouraging increased
19professional preparation by staff and staff retention. The
20Great START program shall coordinate with the TEACH
21professional development program.
22    The program shall provide wage supplements and may include
23other incentives to licensed child care center personnel,
24including early childhood teachers, school-age workers, early
25childhood assistants, school-age assistants, and directors, as

 

 

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1such positions are defined by administrative rule of the
2Department of Children and Family Services. The program shall
3provide wage supplements and may include other incentives to
4licensed family day care home personnel and licensed group day
5care home personnel, including caregivers and assistants as
6such positions are defined by administrative rule of the
7Department of Children and Family Services. Individuals will
8receive supplements commensurate with their qualifications.
9    (b) (Blank).
10    (c) The Department shall, by rule, define the scope and
11operation of the program, including a wage supplement scale.
12The scale shall pay increasing amounts for higher levels of
13educational attainment beyond minimum qualifications and shall
14recognize longevity of employment. Subject to the availability
15of sufficient appropriation, the wage supplements shall be
16paid to child care personnel in the form of bonuses at 6 month
17intervals. Six months of continuous service with a single
18employer is required to be eligible to receive a wage
19supplement bonus. Wage supplements shall be paid directly to
20individual day care personnel, not to their employers.
21Eligible individuals must provide to the Department or its
22agent all information and documentation, including but not
23limited to college transcripts, to demonstrate their
24qualifications for a particular wage supplement level.
25    If appropriations permit, the Department may include
26one-time signing bonuses or other incentives to help providers

 

 

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1attract staff, provided that the signing bonuses are less than
2the supplement staff would have received if they had remained
3employed with another day care center or family day care home.
4    If appropriations permit, the Department may include
5one-time longevity bonuses or other incentives to recognize
6staff who have remained with a single employer.
7    (d) (Blank).
8    (e) This Section is repealed on July 1, 2026.
9(Source: P.A. 93-711, eff. 7-12-04.)
 
10    Section 90-20. The Illinois Early Learning Council Act is
11amended by changing Section 10 as follows:
 
12    (20 ILCS 3933/10)
13    Sec. 10. Membership. The Illinois Early Learning Council
14shall include representation from both public and private
15organizations, and its membership shall reflect regional,
16racial, and cultural diversity to ensure representation of the
17needs of all Illinois children. One member shall be appointed
18by the President of the Senate, one member appointed by the
19Minority Leader of the Senate, one member appointed by the
20Speaker of the House of Representatives, one member appointed
21by the Minority Leader of the House of Representatives, and
22other members appointed by the Governor. The Governor's
23appointments shall include without limitation the following:
24        (1) A leader of stature from the Governor's office, to

 

 

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1    serve as co-chairperson of the Council.
2        (2) The chief administrators of the following State
3    agencies: Department of Early Childhood, State Board of
4    Education; Department of Human Services; Department of
5    Children and Family Services; Department of Public Health;
6    Department of Healthcare and Family Services; Board of
7    Higher Education; and Illinois Community College Board.
8        (3) Local government stakeholders and nongovernment
9    stakeholders with an interest in early childhood care and
10    education, including representation from the following
11    private-sector fields and constituencies: early childhood
12    education and development; child care; child advocacy;
13    parenting support; local community collaborations among
14    early care and education programs and services; maternal
15    and child health; children with special needs; business;
16    labor; and law enforcement. The Governor shall designate
17    one of the members who is a nongovernment stakeholder to
18    serve as co-chairperson.
19In addition, the Governor shall request that the Region V
20office of the U.S. Department of Health and Human Services'
21Administration for Children and Families appoint a member to
22the Council to represent federal children's programs and
23services.
24    Members appointed by General Assembly members and members
25appointed by the Governor who are local government or
26nongovernment stakeholders shall serve 3-year terms, except

 

 

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1that of the initial appointments, half of these members, as
2determined by lot, shall be appointed to 2-year terms so that
3terms are staggered. Members shall serve on a voluntary,
4unpaid basis.
5(Source: P.A. 95-331, eff. 8-21-07.)
 
6    Section 90-25. The Illinois Procurement Code is amended by
7changing Section 1-10 as follows:
 
8    (30 ILCS 500/1-10)
9    Sec. 1-10. Application.
10    (a) This Code applies only to procurements for which
11bidders, offerors, potential contractors, or contractors were
12first solicited on or after July 1, 1998. This Code shall not
13be construed to affect or impair any contract, or any
14provision of a contract, entered into based on a solicitation
15prior to the implementation date of this Code as described in
16Article 99, including, but not limited to, any covenant
17entered into with respect to any revenue bonds or similar
18instruments. All procurements for which contracts are
19solicited between the effective date of Articles 50 and 99 and
20July 1, 1998 shall be substantially in accordance with this
21Code and its intent.
22    (b) This Code shall apply regardless of the source of the
23funds with which the contracts are paid, including federal
24assistance moneys. This Code shall not apply to:

 

 

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1        (1) Contracts between the State and its political
2    subdivisions or other governments, or between State
3    governmental bodies, except as specifically provided in
4    this Code.
5        (2) Grants, except for the filing requirements of
6    Section 20-80.
7        (3) Purchase of care, except as provided in Section
8    5-30.6 of the Illinois Public Aid Code and this Section.
9        (4) Hiring of an individual as an employee and not as
10    an independent contractor, whether pursuant to an
11    employment code or policy or by contract directly with
12    that individual.
13        (5) Collective bargaining contracts.
14        (6) Purchase of real estate, except that notice of
15    this type of contract with a value of more than $25,000
16    must be published in the Procurement Bulletin within 10
17    calendar days after the deed is recorded in the county of
18    jurisdiction. The notice shall identify the real estate
19    purchased, the names of all parties to the contract, the
20    value of the contract, and the effective date of the
21    contract.
22        (7) Contracts necessary to prepare for anticipated
23    litigation, enforcement actions, or investigations,
24    provided that the chief legal counsel to the Governor
25    shall give his or her prior approval when the procuring
26    agency is one subject to the jurisdiction of the Governor,

 

 

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1    and provided that the chief legal counsel of any other
2    procuring entity subject to this Code shall give his or
3    her prior approval when the procuring entity is not one
4    subject to the jurisdiction of the Governor.
5        (8) (Blank).
6        (9) Procurement expenditures by the Illinois
7    Conservation Foundation when only private funds are used.
8        (10) (Blank).
9        (11) Public-private agreements entered into according
10    to the procurement requirements of Section 20 of the
11    Public-Private Partnerships for Transportation Act and
12    design-build agreements entered into according to the
13    procurement requirements of Section 25 of the
14    Public-Private Partnerships for Transportation Act.
15        (12) (A) Contracts for legal, financial, and other
16    professional and artistic services entered into by the
17    Illinois Finance Authority in which the State of Illinois
18    is not obligated. Such contracts shall be awarded through
19    a competitive process authorized by the members of the
20    Illinois Finance Authority and are subject to Sections
21    5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,
22    as well as the final approval by the members of the
23    Illinois Finance Authority of the terms of the contract.
24        (B) Contracts for legal and financial services entered
25    into by the Illinois Housing Development Authority in
26    connection with the issuance of bonds in which the State

 

 

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1    of Illinois is not obligated. Such contracts shall be
2    awarded through a competitive process authorized by the
3    members of the Illinois Housing Development Authority and
4    are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,
5    and 50-37 of this Code, as well as the final approval by
6    the members of the Illinois Housing Development Authority
7    of the terms of the contract.
8        (13) Contracts for services, commodities, and
9    equipment to support the delivery of timely forensic
10    science services in consultation with and subject to the
11    approval of the Chief Procurement Officer as provided in
12    subsection (d) of Section 5-4-3a of the Unified Code of
13    Corrections, except for the requirements of Sections
14    20-60, 20-65, 20-70, and 20-160 and Article 50 of this
15    Code; however, the Chief Procurement Officer may, in
16    writing with justification, waive any certification
17    required under Article 50 of this Code. For any contracts
18    for services which are currently provided by members of a
19    collective bargaining agreement, the applicable terms of
20    the collective bargaining agreement concerning
21    subcontracting shall be followed.
22        On and after January 1, 2019, this paragraph (13),
23    except for this sentence, is inoperative.
24        (14) Contracts for participation expenditures required
25    by a domestic or international trade show or exhibition of
26    an exhibitor, member, or sponsor.

 

 

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1        (15) Contracts with a railroad or utility that
2    requires the State to reimburse the railroad or utilities
3    for the relocation of utilities for construction or other
4    public purpose. Contracts included within this paragraph
5    (15) shall include, but not be limited to, those
6    associated with: relocations, crossings, installations,
7    and maintenance. For the purposes of this paragraph (15),
8    "railroad" means any form of non-highway ground
9    transportation that runs on rails or electromagnetic
10    guideways and "utility" means: (1) public utilities as
11    defined in Section 3-105 of the Public Utilities Act, (2)
12    telecommunications carriers as defined in Section 13-202
13    of the Public Utilities Act, (3) electric cooperatives as
14    defined in Section 3.4 of the Electric Supplier Act, (4)
15    telephone or telecommunications cooperatives as defined in
16    Section 13-212 of the Public Utilities Act, (5) rural
17    water or waste water systems with 10,000 connections or
18    less, (6) a holder as defined in Section 21-201 of the
19    Public Utilities Act, and (7) municipalities owning or
20    operating utility systems consisting of public utilities
21    as that term is defined in Section 11-117-2 of the
22    Illinois Municipal Code.
23        (16) Procurement expenditures necessary for the
24    Department of Public Health to provide the delivery of
25    timely newborn screening services in accordance with the
26    Newborn Metabolic Screening Act.

 

 

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1        (17) Procurement expenditures necessary for the
2    Department of Agriculture, the Department of Financial and
3    Professional Regulation, the Department of Human Services,
4    and the Department of Public Health to implement the
5    Compassionate Use of Medical Cannabis Program and Opioid
6    Alternative Pilot Program requirements and ensure access
7    to medical cannabis for patients with debilitating medical
8    conditions in accordance with the Compassionate Use of
9    Medical Cannabis Program Act.
10        (18) This Code does not apply to any procurements
11    necessary for the Department of Agriculture, the
12    Department of Financial and Professional Regulation, the
13    Department of Human Services, the Department of Commerce
14    and Economic Opportunity, and the Department of Public
15    Health to implement the Cannabis Regulation and Tax Act if
16    the applicable agency has made a good faith determination
17    that it is necessary and appropriate for the expenditure
18    to fall within this exemption and if the process is
19    conducted in a manner substantially in accordance with the
20    requirements of Sections 20-160, 25-60, 30-22, 50-5,
21    50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
22    50-36, 50-37, 50-38, and 50-50 of this Code; however, for
23    Section 50-35, compliance applies only to contracts or
24    subcontracts over $100,000. Notice of each contract
25    entered into under this paragraph (18) that is related to
26    the procurement of goods and services identified in

 

 

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1    paragraph (1) through (9) of this subsection shall be
2    published in the Procurement Bulletin within 14 calendar
3    days after contract execution. The Chief Procurement
4    Officer shall prescribe the form and content of the
5    notice. Each agency shall provide the Chief Procurement
6    Officer, on a monthly basis, in the form and content
7    prescribed by the Chief Procurement Officer, a report of
8    contracts that are related to the procurement of goods and
9    services identified in this subsection. At a minimum, this
10    report shall include the name of the contractor, a
11    description of the supply or service provided, the total
12    amount of the contract, the term of the contract, and the
13    exception to this Code utilized. A copy of any or all of
14    these contracts shall be made available to the Chief
15    Procurement Officer immediately upon request. The Chief
16    Procurement Officer shall submit a report to the Governor
17    and General Assembly no later than November 1 of each year
18    that includes, at a minimum, an annual summary of the
19    monthly information reported to the Chief Procurement
20    Officer. This exemption becomes inoperative 5 years after
21    June 25, 2019 (the effective date of Public Act 101-27).
22        (19) Acquisition of modifications or adjustments,
23    limited to assistive technology devices and assistive
24    technology services, adaptive equipment, repairs, and
25    replacement parts to provide reasonable accommodations (i)
26    that enable a qualified applicant with a disability to

 

 

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1    complete the job application process and be considered for
2    the position such qualified applicant desires, (ii) that
3    modify or adjust the work environment to enable a
4    qualified current employee with a disability to perform
5    the essential functions of the position held by that
6    employee, (iii) to enable a qualified current employee
7    with a disability to enjoy equal benefits and privileges
8    of employment as are enjoyed by other similarly situated
9    employees without disabilities, and (iv) that allow a
10    customer, client, claimant, or member of the public
11    seeking State services full use and enjoyment of and
12    access to its programs, services, or benefits.
13        For purposes of this paragraph (19):
14        "Assistive technology devices" means any item, piece
15    of equipment, or product system, whether acquired
16    commercially off the shelf, modified, or customized, that
17    is used to increase, maintain, or improve functional
18    capabilities of individuals with disabilities.
19        "Assistive technology services" means any service that
20    directly assists an individual with a disability in
21    selection, acquisition, or use of an assistive technology
22    device.
23        "Qualified" has the same meaning and use as provided
24    under the federal Americans with Disabilities Act when
25    describing an individual with a disability.
26        (20) Procurement expenditures necessary for the

 

 

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1    Illinois Commerce Commission to hire third-party
2    facilitators pursuant to Sections 16-105.17 and 16-108.18
3    of the Public Utilities Act or an ombudsman pursuant to
4    Section 16-107.5 of the Public Utilities Act, a
5    facilitator pursuant to Section 16-105.17 of the Public
6    Utilities Act, or a grid auditor pursuant to Section
7    16-105.10 of the Public Utilities Act.
8        (21) Procurement expenditures for the purchase,
9    renewal, and expansion of software, software licenses, or
10    software maintenance agreements that support the efforts
11    of the Illinois State Police to enforce, regulate, and
12    administer the Firearm Owners Identification Card Act, the
13    Firearm Concealed Carry Act, the Firearms Restraining
14    Order Act, the Firearm Dealer License Certification Act,
15    the Law Enforcement Agencies Data System (LEADS), the
16    Uniform Crime Reporting Act, the Criminal Identification
17    Act, the Illinois Uniform Conviction Information Act, and
18    the Gun Trafficking Information Act, or establish or
19    maintain record management systems necessary to conduct
20    human trafficking investigations or gun trafficking or
21    other stolen firearm investigations. This paragraph (21)
22    applies to contracts entered into on or after January 10,
23    2023 (the effective date of Public Act 102-1116) and the
24    renewal of contracts that are in effect on January 10,
25    2023 (the effective date of Public Act 102-1116).
26        (22) Contracts for project management services and

 

 

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1    system integration services required for the completion of
2    the State's enterprise resource planning project. This
3    exemption becomes inoperative 5 years after June 7, 2023
4    (the effective date of the changes made to this Section by
5    Public Act 103-8). This paragraph (22) applies to
6    contracts entered into on or after June 7, 2023 (the
7    effective date of the changes made to this Section by
8    Public Act 103-8) and the renewal of contracts that are in
9    effect on June 7, 2023 (the effective date of the changes
10    made to this Section by Public Act 103-8).
11        (23) Procurements necessary for the Department of
12    Insurance to implement the Illinois Health Benefits
13    Exchange Law if the Department of Insurance has made a
14    good faith determination that it is necessary and
15    appropriate for the expenditure to fall within this
16    exemption. The procurement process shall be conducted in a
17    manner substantially in accordance with the requirements
18    of Sections 20-160 and 25-60 and Article 50 of this Code. A
19    copy of these contracts shall be made available to the
20    Chief Procurement Officer immediately upon request. This
21    paragraph is inoperative 5 years after June 27, 2023 (the
22    effective date of Public Act 103-103).
23        (24) (22) Contracts for public education programming,
24    noncommercial sustaining announcements, public service
25    announcements, and public awareness and education
26    messaging with the nonprofit trade associations of the

 

 

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1    providers of those services that inform the public on
2    immediate and ongoing health and safety risks and hazards.
3        (25) Procurements necessary for the Department of
4    Early Childhood to implement the Department of Early
5    Childhood Act if the Department has made a good faith
6    determination that it is necessary and appropriate for the
7    expenditure to fall within this exemption. This exemption
8    shall only be used for products and services procured
9    solely for use by the Department of Early Childhood. The
10    procurements may include those necessary to design and
11    build integrated, operational systems of programs and
12    services. The procurements may include, but are not
13    limited to, those necessary to align and update program
14    standards, integrate funding systems, design and establish
15    data and reporting systems, align and update models for
16    technical assistance and professional development, design
17    systems to manage grants and ensure compliance, design and
18    implement management and operational structures, and
19    establish new means of engaging with families, educators,
20    providers, and stakeholders. The procurement processes
21    shall be conducted in a manner substantially in accordance
22    with the requirements of Article 50 (ethics) and Sections
23    5-5 (Procurement Policy Board), 5-7 (Commission on Equity
24    and Inclusion), 20-80 (contract files), 20-120
25    (subcontractors), 20-155 (paperwork), 20-160
26    (ethics/campaign contribution prohibitions), 25-60

 

 

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1    (prevailing wage), and 25-90 (prohibited and authorized
2    cybersecurity) of this Code. Beginning January 1, 2025,
3    the Department of Early Childhood shall provide a
4    quarterly report to the General Assembly detailing a list
5    of expenditures and contracts for which the Department
6    uses this exemption. This paragraph is inoperative on and
7    after July 1, 2027.
8    Notwithstanding any other provision of law, for contracts
9with an annual value of more than $100,000 entered into on or
10after October 1, 2017 under an exemption provided in any
11paragraph of this subsection (b), except paragraph (1), (2),
12or (5), each State agency shall post to the appropriate
13procurement bulletin the name of the contractor, a description
14of the supply or service provided, the total amount of the
15contract, the term of the contract, and the exception to the
16Code utilized. The chief procurement officer shall submit a
17report to the Governor and General Assembly no later than
18November 1 of each year that shall include, at a minimum, an
19annual summary of the monthly information reported to the
20chief procurement officer.
21    (c) This Code does not apply to the electric power
22procurement process provided for under Section 1-75 of the
23Illinois Power Agency Act and Section 16-111.5 of the Public
24Utilities Act. This Code does not apply to the procurement of
25technical and policy experts pursuant to Section 1-129 of the
26Illinois Power Agency Act.

 

 

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1    (d) Except for Section 20-160 and Article 50 of this Code,
2and as expressly required by Section 9.1 of the Illinois
3Lottery Law, the provisions of this Code do not apply to the
4procurement process provided for under Section 9.1 of the
5Illinois Lottery Law.
6    (e) This Code does not apply to the process used by the
7Capital Development Board to retain a person or entity to
8assist the Capital Development Board with its duties related
9to the determination of costs of a clean coal SNG brownfield
10facility, as defined by Section 1-10 of the Illinois Power
11Agency Act, as required in subsection (h-3) of Section 9-220
12of the Public Utilities Act, including calculating the range
13of capital costs, the range of operating and maintenance
14costs, or the sequestration costs or monitoring the
15construction of clean coal SNG brownfield facility for the
16full duration of construction.
17    (f) (Blank).
18    (g) (Blank).
19    (h) This Code does not apply to the process to procure or
20contracts entered into in accordance with Sections 11-5.2 and
2111-5.3 of the Illinois Public Aid Code.
22    (i) Each chief procurement officer may access records
23necessary to review whether a contract, purchase, or other
24expenditure is or is not subject to the provisions of this
25Code, unless such records would be subject to attorney-client
26privilege.

 

 

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1    (j) This Code does not apply to the process used by the
2Capital Development Board to retain an artist or work or works
3of art as required in Section 14 of the Capital Development
4Board Act.
5    (k) This Code does not apply to the process to procure
6contracts, or contracts entered into, by the State Board of
7Elections or the State Electoral Board for hearing officers
8appointed pursuant to the Election Code.
9    (l) This Code does not apply to the processes used by the
10Illinois Student Assistance Commission to procure supplies and
11services paid for from the private funds of the Illinois
12Prepaid Tuition Fund. As used in this subsection (l), "private
13funds" means funds derived from deposits paid into the
14Illinois Prepaid Tuition Trust Fund and the earnings thereon.
15    (m) This Code shall apply regardless of the source of
16funds with which contracts are paid, including federal
17assistance moneys. Except as specifically provided in this
18Code, this Code shall not apply to procurement expenditures
19necessary for the Department of Public Health to conduct the
20Healthy Illinois Survey in accordance with Section 2310-431 of
21the Department of Public Health Powers and Duties Law of the
22Civil Administrative Code of Illinois.
23(Source: P.A. 102-175, eff. 7-29-21; 102-483, eff 1-1-22;
24102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, eff.
259-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22;
26102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-103, eff.

 

 

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16-27-23; 103-570, eff. 1-1-24; 103-580, eff. 12-8-23; revised
21-2-24.)
 
3    Section 90-30. The School Code is amended by changing
4Sections 1A-4, 1C-2, 1C-4, 1D-1, 2-3.47, 2-3.64a-10, 2-3.71,
52-3.71a, 2-3.79, 2-3.89, 10-22.6, 21B-50, 22-45, and 26-19 as
6follows:
 
7    (105 ILCS 5/1A-4)  (from Ch. 122, par. 1A-4)
8    Sec. 1A-4. Powers and duties of the Board.
9    A. (Blank).
10    B. The Board shall determine the qualifications of and
11appoint a chief education officer, to be known as the State
12Superintendent of Education, who may be proposed by the
13Governor and who shall serve at the pleasure of the Board and
14pursuant to a performance-based contract linked to statewide
15student performance and academic improvement within Illinois
16schools. Upon expiration or buyout of the contract of the
17State Superintendent of Education in office on the effective
18date of this amendatory Act of the 93rd General Assembly, a
19State Superintendent of Education shall be appointed by a
20State Board of Education that includes the 7 new Board members
21who were appointed to fill seats of members whose terms were
22terminated on the effective date of this amendatory Act of the
2393rd General Assembly. Thereafter, a State Superintendent of
24Education must, at a minimum, be appointed at the beginning of

 

 

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1each term of a Governor after that Governor has made
2appointments to the Board. A performance-based contract issued
3for the employment of a State Superintendent of Education
4entered into on or after the effective date of this amendatory
5Act of the 93rd General Assembly must expire no later than
6February 1, 2007, and subsequent contracts must expire no
7later than February 1 each 4 years thereafter. No contract
8shall be extended or renewed beyond February 1, 2007 and
9February 1 each 4 years thereafter, but a State Superintendent
10of Education shall serve until his or her successor is
11appointed. Each contract entered into on or before January 8,
122007 with a State Superintendent of Education must provide
13that the State Board of Education may terminate the contract
14for cause, and the State Board of Education shall not
15thereafter be liable for further payments under the contract.
16With regard to this amendatory Act of the 93rd General
17Assembly, it is the intent of the General Assembly that,
18beginning with the Governor who takes office on the second
19Monday of January, 2007, a State Superintendent of Education
20be appointed at the beginning of each term of a Governor after
21that Governor has made appointments to the Board. The State
22Superintendent of Education shall not serve as a member of the
23State Board of Education. The Board shall set the compensation
24of the State Superintendent of Education who shall serve as
25the Board's chief executive officer. The Board shall also
26establish the duties, powers and responsibilities of the State

 

 

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1Superintendent, which shall be included in the State
2Superintendent's performance-based contract along with the
3goals and indicators of student performance and academic
4improvement used to measure the performance and effectiveness
5of the State Superintendent. The State Board of Education may
6delegate to the State Superintendent of Education the
7authority to act on the Board's behalf, provided such
8delegation is made pursuant to adopted board policy or the
9powers delegated are ministerial in nature. The State Board
10may not delegate authority under this Section to the State
11Superintendent to (1) nonrecognize school districts, (2)
12withhold State payments as a penalty, or (3) make final
13decisions under the contested case provisions of the Illinois
14Administrative Procedure Act unless otherwise provided by law.
15    C. The powers and duties of the State Board of Education
16shall encompass all duties delegated to the Office of
17Superintendent of Public Instruction on January 12, 1975,
18except as the law providing for such powers and duties is
19thereafter amended, and such other powers and duties as the
20General Assembly shall designate. The Board shall be
21responsible for the educational policies and guidelines for
22public schools, pre-school through grade 12 and Vocational
23Education in the State of Illinois. Beginning July 1, 2024,
24educational policies and guidelines pertaining to pre-school
25and the Prevention Initiative program shall be done in
26consultation with the Department of Early Childhood. The Board

 

 

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1shall analyze the present and future aims, needs, and
2requirements of education in the State of Illinois and
3recommend to the General Assembly the powers which should be
4exercised by the Board. The Board shall recommend the passage
5and the legislation necessary to determine the appropriate
6relationship between the Board and local boards of education
7and the various State agencies and shall recommend desirable
8modifications in the laws which affect schools.
9    D. Two members of the Board shall be appointed by the
10chairperson to serve on a standing joint Education Committee,
112 others shall be appointed from the Board of Higher
12Education, 2 others shall be appointed by the chairperson of
13the Illinois Community College Board, and 2 others shall be
14appointed by the chairperson of the Human Resource Investment
15Council. The Committee shall be responsible for making
16recommendations concerning the submission of any workforce
17development plan or workforce training program required by
18federal law or under any block grant authority. The Committee
19will be responsible for developing policy on matters of mutual
20concern to elementary, secondary and higher education such as
21Occupational and Career Education, Teacher Preparation and
22Licensure, Educational Finance, Articulation between
23Elementary, Secondary and Higher Education and Research and
24Planning. The joint Education Committee shall meet at least
25quarterly and submit an annual report of its findings,
26conclusions, and recommendations to the State Board of

 

 

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1Education, the Board of Higher Education, the Illinois
2Community College Board, the Human Resource Investment
3Council, the Governor, and the General Assembly. All meetings
4of this Committee shall be official meetings for reimbursement
5under this Act. On the effective date of this amendatory Act of
6the 95th General Assembly, the Joint Education Committee is
7abolished.
8    E. Five members of the Board shall constitute a quorum. A
9majority vote of the members appointed, confirmed and serving
10on the Board is required to approve any action, except that the
117 new Board members who were appointed to fill seats of members
12whose terms were terminated on the effective date of this
13amendatory act of the 93rd General Assembly may vote to
14approve actions when appointed and serving.
15    F. Upon appointment of the 7 new Board members who were
16appointed to fill seats of members whose terms were terminated
17on the effective date of this amendatory Act of the 93rd
18General Assembly, the Board shall review all of its current
19rules in an effort to streamline procedures, improve
20efficiency, and eliminate unnecessary forms and paperwork.
21(Source: P.A. 102-894, eff. 5-20-22.)
 
22    (105 ILCS 5/1C-2)
23    Sec. 1C-2. Block grants.
24    (a) For fiscal year 1999, and each fiscal year thereafter
25through fiscal year 2026, the State Board of Education shall

 

 

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1award to school districts block grants as described in
2subsection (c). The State Board of Education may adopt rules
3and regulations necessary to implement this Section. In
4accordance with Section 2-3.32, all state block grants are
5subject to an audit. Therefore, block grant receipts and block
6grant expenditures shall be recorded to the appropriate fund
7code.
8    (b) (Blank).
9    (c) An Early Childhood Education Block Grant shall be
10created by combining the following programs: Preschool
11Education, Parental Training and Prevention Initiative. These
12funds shall be distributed to school districts and other
13entities on a competitive basis, except that the State Board
14of Education shall award to a school district having a
15population exceeding 500,000 inhabitants 37% of the funds in
16each fiscal year. Not less than 14% of the Early Childhood
17Education Block Grant allocation of funds shall be used to
18fund programs for children ages 0-3. Beginning in Fiscal Year
192016, at least 25% of any additional Early Childhood Education
20Block Grant funding over and above the previous fiscal year's
21allocation shall be used to fund programs for children ages
220-3. Once the percentage of Early Childhood Education Block
23Grant funding allocated to programs for children ages 0-3
24reaches 20% of the overall Early Childhood Education Block
25Grant allocation for a full fiscal year, thereafter in
26subsequent fiscal years the percentage of Early Childhood

 

 

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1Education Block Grant funding allocated to programs for
2children ages 0-3 each fiscal year shall remain at least 20% of
3the overall Early Childhood Education Block Grant allocation.
4However, if, in a given fiscal year, the amount appropriated
5for the Early Childhood Education Block Grant is insufficient
6to increase the percentage of the grant to fund programs for
7children ages 0-3 without reducing the amount of the grant for
8existing providers of preschool education programs, then the
9percentage of the grant to fund programs for children ages 0-3
10may be held steady instead of increased.This subsection (c) is
11inoperative on and after July 1, 2026.
12(Source: P.A. 99-589, eff. 7-21-16; 100-465, eff. 8-31-17.)
 
13    (105 ILCS 5/1C-4)
14    Sec. 1C-4. Reports. A school district that receives an
15Early Childhood Education Block Grant shall report to the
16State Board of Education on its use of the block grant in such
17form and detail as the State Board of Education may specify. In
18addition, the report must include the following description
19for the district, which must also be reported to the General
20Assembly: block grant allocation and expenditures by program;
21population and service levels by program; and administrative
22expenditures by program. The State Board of Education shall
23ensure that the reporting requirements for a district
24organized under Article 34 of this Code are the same as for all
25other school districts in this State.

 

 

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1    This Section is repealed on July 1, 2026.
2(Source: P.A. 99-30, eff. 7-10-15.)
 
3    (105 ILCS 5/1D-1)
4    (Text of Section from P.A. 100-55)
5    Sec. 1D-1. Block grant funding.
6    (a) For fiscal year 1996 and each fiscal year thereafter,
7the State Board of Education shall award to a school district
8having a population exceeding 500,000 inhabitants a general
9education block grant and an educational services block grant,
10determined as provided in this Section, in lieu of
11distributing to the district separate State funding for the
12programs described in subsections (b) and (c). The provisions
13of this Section, however, do not apply to any federal funds
14that the district is entitled to receive. In accordance with
15Section 2-3.32, all block grants are subject to an audit.
16Therefore, block grant receipts and block grant expenditures
17shall be recorded to the appropriate fund code for the
18designated block grant.
19    (b) The general education block grant shall include the
20following programs: REI Initiative, Summer Bridges, Preschool
21Education, K-6 Comprehensive Arts, School Improvement Support,
22Urban Education, Scientific Literacy, Substance Abuse
23Prevention, Second Language Planning, Staff Development,
24Outcomes and Assessment, K-6 Reading Improvement, 7-12
25Continued Reading Improvement, Truants' Optional Education,

 

 

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1Hispanic Programs, Agriculture Education, Parental Training,
2Prevention Initiative, Report Cards, and Criminal Background
3Investigations. The general education block grant shall also
4include Preschool Education, Parental Training, and Prevention
5Initiative through June 30, 2026. Notwithstanding any other
6provision of law, all amounts paid under the general education
7block grant from State appropriations to a school district in
8a city having a population exceeding 500,000 inhabitants shall
9be appropriated and expended by the board of that district for
10any of the programs included in the block grant or any of the
11board's lawful purposes. Beginning in Fiscal Year 2018, at
12least 25% of any additional Preschool Education, Parental
13Training, and Prevention Initiative program funding over and
14above the previous fiscal year's allocation shall be used to
15fund programs for children ages 0-3. Beginning in Fiscal Year
162018, funding for Preschool Education, Parental Training, and
17Prevention Initiative programs above the allocation for these
18programs in Fiscal Year 2017 must be used solely as a
19supplement for these programs and may not supplant funds
20received from other sources.
21    (b-5) Beginning in Fiscal Year 2027, the Department of
22Early Childhood shall award a block grant for Preschool
23Education, Parental Training, and Prevention Initiative to a
24school district having a population exceeding 500,000
25inhabitants. The grants are subject to audit. Therefore, block
26grant receipts and block grant expenditures shall be recorded

 

 

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1to the appropriate fund code for the designated block grant.
2Notwithstanding any other provision of law, all amounts paid
3under the block grant from State appropriations to a school
4district in a city having a population exceeding 500,000
5inhabitants shall be appropriated and expended by the board of
6that district for any of the programs included in the block
7grant or any of the board's lawful purposes. The district is
8not required to file any application or other claim in order to
9receive the block grant to which it is entitled under this
10Section. The Department of Early Childhood shall make payments
11to the district of amounts due under the district's block
12grant on a schedule determined by the Department. A school
13district to which this Section applies shall report to the
14Department of Early Childhood on its use of the block grant in
15such form and detail as the Department may specify. In
16addition, the report must include the following description
17for the district, which must also be reported to the General
18Assembly: block grant allocation and expenditures by program;
19population and service levels by program; and administrative
20expenditures by program. The Department shall ensure that the
21reporting requirements for the district are the same as for
22all other school districts in this State. Beginning in Fiscal
23Year 2018, at least 25% of any additional Preschool Education,
24Parental Training, and Prevention Initiative program funding
25over and above the previous fiscal year's allocation shall be
26used to fund programs for children ages 0-3. Beginning in

 

 

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1Fiscal Year 2018, funding for Preschool Education, Parental
2Training, and Prevention Initiative programs above the
3allocation for these programs in Fiscal Year 2017 must be used
4solely as a supplement for these programs and may not supplant
5funds received from other sources.
6    (c) The educational services block grant shall include the
7following programs: Regular and Vocational Transportation,
8State Lunch and Free Breakfast Program, Special Education
9(Personnel, Transportation, Orphanage, Private Tuition),
10funding for children requiring special education services,
11Summer School, Educational Service Centers, and
12Administrator's Academy. This subsection (c) does not relieve
13the district of its obligation to provide the services
14required under a program that is included within the
15educational services block grant. It is the intention of the
16General Assembly in enacting the provisions of this subsection
17(c) to relieve the district of the administrative burdens that
18impede efficiency and accompany single-program funding. The
19General Assembly encourages the board to pursue mandate
20waivers pursuant to Section 2-3.25g.
21    The funding program included in the educational services
22block grant for funding for children requiring special
23education services in each fiscal year shall be treated in
24that fiscal year as a payment to the school district in respect
25of services provided or costs incurred in the prior fiscal
26year, calculated in each case as provided in this Section.

 

 

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1Nothing in this Section shall change the nature of payments
2for any program that, apart from this Section, would be or,
3prior to adoption or amendment of this Section, was on the
4basis of a payment in a fiscal year in respect of services
5provided or costs incurred in the prior fiscal year,
6calculated in each case as provided in this Section.
7    (d) For fiscal year 1996 and each fiscal year thereafter,
8the amount of the district's block grants shall be determined
9as follows: (i) with respect to each program that is included
10within each block grant, the district shall receive an amount
11equal to the same percentage of the current fiscal year
12appropriation made for that program as the percentage of the
13appropriation received by the district from the 1995 fiscal
14year appropriation made for that program, and (ii) the total
15amount that is due the district under the block grant shall be
16the aggregate of the amounts that the district is entitled to
17receive for the fiscal year with respect to each program that
18is included within the block grant that the State Board of
19Education shall award the district under this Section for that
20fiscal year. In the case of the Summer Bridges program, the
21amount of the district's block grant shall be equal to 44% of
22the amount of the current fiscal year appropriation made for
23that program.
24    (e) The district is not required to file any application
25or other claim in order to receive the block grants to which it
26is entitled under this Section. The State Board of Education

 

 

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1shall make payments to the district of amounts due under the
2district's block grants on a schedule determined by the State
3Board of Education.
4    (f) A school district to which this Section applies shall
5report to the State Board of Education on its use of the block
6grants in such form and detail as the State Board of Education
7may specify. In addition, the report must include the
8following description for the district, which must also be
9reported to the General Assembly: block grant allocation and
10expenditures by program; population and service levels by
11program; and administrative expenditures by program. The State
12Board of Education shall ensure that the reporting
13requirements for the district are the same as for all other
14school districts in this State.
15    (g) This paragraph provides for the treatment of block
16grants under Article 1C for purposes of calculating the amount
17of block grants for a district under this Section. Those block
18grants under Article 1C are, for this purpose, treated as
19included in the amount of appropriation for the various
20programs set forth in paragraph (b) above. The appropriation
21in each current fiscal year for each block grant under Article
221C shall be treated for these purposes as appropriations for
23the individual program included in that block grant. The
24proportion of each block grant so allocated to each such
25program included in it shall be the proportion which the
26appropriation for that program was of all appropriations for

 

 

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1such purposes now in that block grant, in fiscal 1995.
2    Payments to the school district under this Section with
3respect to each program for which payments to school districts
4generally, as of the date of this amendatory Act of the 92nd
5General Assembly, are on a reimbursement basis shall continue
6to be made to the district on a reimbursement basis, pursuant
7to the provisions of this Code governing those programs.
8    (h) Notwithstanding any other provision of law, any school
9district receiving a block grant under this Section may
10classify all or a portion of the funds that it receives in a
11particular fiscal year from any block grant authorized under
12this Code or from general State aid pursuant to Section
1318-8.05 of this Code (other than supplemental general State
14aid) as funds received in connection with any funding program
15for which it is entitled to receive funds from the State in
16that fiscal year (including, without limitation, any funding
17program referred to in subsection (c) of this Section),
18regardless of the source or timing of the receipt. The
19district may not classify more funds as funds received in
20connection with the funding program than the district is
21entitled to receive in that fiscal year for that program. Any
22classification by a district must be made by a resolution of
23its board of education. The resolution must identify the
24amount of any block grant or general State aid to be classified
25under this subsection (h) and must specify the funding program
26to which the funds are to be treated as received in connection

 

 

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1therewith. This resolution is controlling as to the
2classification of funds referenced therein. A certified copy
3of the resolution must be sent to the State Superintendent of
4Education. The resolution shall still take effect even though
5a copy of the resolution has not been sent to the State
6Superintendent of Education in a timely manner. No
7classification under this subsection (h) by a district shall
8affect the total amount or timing of money the district is
9entitled to receive under this Code. No classification under
10this subsection (h) by a district shall in any way relieve the
11district from or affect any requirements that otherwise would
12apply with respect to the block grant as provided in this
13Section, including any accounting of funds by source,
14reporting expenditures by original source and purpose,
15reporting requirements, or requirements of provision of
16services.
17(Source: P.A. 100-55, eff. 8-11-17.)
 
18    (Text of Section from P.A. 100-465)
19    Sec. 1D-1. Block grant funding.
20    (a) For fiscal year 1996 through fiscal year 2017, the
21State 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
25distributing to the district separate State funding for the

 

 

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1programs described in subsections (b) and (c). The provisions
2of this Section, however, do not apply to any federal funds
3that the district is entitled to receive. In accordance with
4Section 2-3.32, all block grants are subject to an audit.
5Therefore, block grant receipts and block grant expenditures
6shall be recorded to the appropriate fund code for the
7designated block grant.
8    (b) The general education block grant shall include the
9following programs: REI Initiative, Summer Bridges, Preschool
10At Risk, K-6 Comprehensive Arts, School Improvement Support,
11Urban Education, Scientific Literacy, Substance Abuse
12Prevention, Second Language Planning, Staff Development,
13Outcomes and Assessment, K-6 Reading Improvement, 7-12
14Continued Reading Improvement, Truants' Optional Education,
15Hispanic Programs, Agriculture Education, Parental Education,
16Prevention Initiative, Report Cards, and Criminal Background
17Investigations. The general education block grant shall also
18include Preschool Education, Parental Training, and Prevention
19Initiative through June 30, 2026. Notwithstanding any other
20provision of law, all amounts paid under the general education
21block grant from State appropriations to a school district in
22a city having a population exceeding 500,000 inhabitants shall
23be appropriated and expended by the board of that district for
24any of the programs included in the block grant or any of the
25board's lawful purposes.
26    (b-5) Beginning in Fiscal Year 2027, the Department of

 

 

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1Early Childhood shall award a block grant for Preschool
2Education, Parental Training, and Prevention Initiative to a
3school district having a population exceeding 500,000
4inhabitants. The grants are subject to audit. Therefore, block
5grant receipts and block grant expenditures shall be recorded
6to the appropriate fund code for the designated block grant.
7Notwithstanding any other provision of law, all amounts paid
8under the block grant from State appropriations to a school
9district in a city having a population exceeding 500,000
10inhabitants shall be appropriated and expended by the board of
11that district for any of the programs included in the block
12grant or any of the board's lawful purposes. The district is
13not required to file any application or other claim in order to
14receive the block grant to which it is entitled under this
15Section. The Department of Early Childhood shall make payments
16to the district of amounts due under the district's block
17grant on a schedule determined by the Department. A school
18district to which this Section applies shall report to the
19Department of Early Childhood on its use of the block grant in
20such form and detail as the Department may specify. In
21addition, the report must include the following description
22for the district, which must also be reported to the General
23Assembly: block grant allocation and expenditures by program;
24population and service levels by program; and administrative
25expenditures by program. The Department shall ensure that the
26reporting requirements for the district are the same as for

 

 

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1all other school districts in this State. Beginning in Fiscal
2Year 2018, at least 25% of any additional Preschool Education,
3Parental Training, and Prevention Initiative program funding
4over and above the previous fiscal year's allocation shall be
5used to fund programs for children ages 0-3. Beginning in
6Fiscal Year 2018, funding for Preschool Education, Parental
7Training, and Prevention Initiative programs above the
8allocation for these programs in Fiscal Year 2017 must be used
9solely as a supplement for these programs and may not supplant
10funds received from other sources. (b-10).
11    (c) The educational services block grant shall include the
12following programs: Regular and Vocational Transportation,
13State Lunch and Free Breakfast Program, Special Education
14(Personnel, Transportation, Orphanage, Private Tuition),
15funding for children requiring special education services,
16Summer School, Educational Service Centers, and
17Administrator's Academy. This subsection (c) does not relieve
18the district of its obligation to provide the services
19required under a program that is included within the
20educational services block grant. It is the intention of the
21General Assembly in enacting the provisions of this subsection
22(c) to relieve the district of the administrative burdens that
23impede efficiency and accompany single-program funding. The
24General Assembly encourages the board to pursue mandate
25waivers pursuant to Section 2-3.25g.
26    The funding program included in the educational services

 

 

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1block grant for funding for children requiring special
2education services in each fiscal year shall be treated in
3that fiscal year as a payment to the school district in respect
4of services provided or costs incurred in the prior fiscal
5year, calculated in each case as provided in this Section.
6Nothing in this Section shall change the nature of payments
7for any program that, apart from this Section, would be or,
8prior to adoption or amendment of this Section, was on the
9basis of a payment in a fiscal year in respect of services
10provided or costs incurred in the prior fiscal year,
11calculated in each case as provided in this Section.
12    (d) For fiscal year 1996 through fiscal year 2017, the
13amount of the district's block grants shall be determined as
14follows: (i) with respect to each program that is included
15within each block grant, the district shall receive an amount
16equal to the same percentage of the current fiscal year
17appropriation made for that program as the percentage of the
18appropriation received by the district from the 1995 fiscal
19year appropriation made for that program, and (ii) the total
20amount that is due the district under the block grant shall be
21the aggregate of the amounts that the district is entitled to
22receive for the fiscal year with respect to each program that
23is included within the block grant that the State Board of
24Education shall award the district under this Section for that
25fiscal year. In the case of the Summer Bridges program, the
26amount of the district's block grant shall be equal to 44% of

 

 

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1the amount of the current fiscal year appropriation made for
2that program.
3    (e) The district is not required to file any application
4or other claim in order to receive the block grants to which it
5is entitled under this Section. The State Board of Education
6shall make payments to the district of amounts due under the
7district's block grants on a schedule determined by the State
8Board of Education.
9    (f) A school district to which this Section applies shall
10report to the State Board of Education on its use of the block
11grants in such form and detail as the State Board of Education
12may specify. In addition, the report must include the
13following description for the district, which must also be
14reported to the General Assembly: block grant allocation and
15expenditures by program; population and service levels by
16program; and administrative expenditures by program. The State
17Board of Education shall ensure that the reporting
18requirements for the district are the same as for all other
19school districts in this State.
20    (g) Through fiscal year 2017, this paragraph provides for
21the treatment of block grants under Article 1C for purposes of
22calculating the amount of block grants for a district under
23this Section. Those block grants under Article 1C are, for
24this purpose, treated as included in the amount of
25appropriation for the various programs set forth in paragraph
26(b) above. The appropriation in each current fiscal year for

 

 

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1each block grant under Article 1C shall be treated for these
2purposes as appropriations for the individual program included
3in that block grant. The proportion of each block grant so
4allocated to each such program included in it shall be the
5proportion which the appropriation for that program was of all
6appropriations for such purposes now in that block grant, in
7fiscal 1995.
8    Payments to the school district under this Section with
9respect to each program for which payments to school districts
10generally, as of the date of this amendatory Act of the 92nd
11General Assembly, are on a reimbursement basis shall continue
12to be made to the district on a reimbursement basis, pursuant
13to the provisions of this Code governing those programs.
14    (h) Notwithstanding any other provision of law, any school
15district receiving a block grant under this Section may
16classify all or a portion of the funds that it receives in a
17particular fiscal year from any block grant authorized under
18this Code or from general State aid pursuant to Section
1918-8.05 of this Code (other than supplemental general State
20aid) as funds received in connection with any funding program
21for which it is entitled to receive funds from the State in
22that fiscal year (including, without limitation, any funding
23program referred to in subsection (c) of this Section),
24regardless of the source or timing of the receipt. The
25district may not classify more funds as funds received in
26connection with the funding program than the district is

 

 

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1entitled to receive in that fiscal year for that program. Any
2classification by a district must be made by a resolution of
3its board of education. The resolution must identify the
4amount of any block grant or general State aid to be classified
5under this subsection (h) and must specify the funding program
6to which the funds are to be treated as received in connection
7therewith. This resolution is controlling as to the
8classification of funds referenced therein. A certified copy
9of the resolution must be sent to the State Superintendent of
10Education. The resolution shall still take effect even though
11a copy of the resolution has not been sent to the State
12Superintendent of Education in a timely manner. No
13classification under this subsection (h) by a district shall
14affect the total amount or timing of money the district is
15entitled to receive under this Code. No classification under
16this subsection (h) by a district shall in any way relieve the
17district from or affect any requirements that otherwise would
18apply with respect to the block grant as provided in this
19Section, including any accounting of funds by source,
20reporting expenditures by original source and purpose,
21reporting requirements, or requirements of provision of
22services.
23(Source: P.A. 100-465, eff. 8-31-17.)
 
24    (105 ILCS 5/2-3.47)  (from Ch. 122, par. 2-3.47)
25    Sec. 2-3.47. The State Board of Education shall annually

 

 

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1submit a budget recommendation to the Governor and General
2Assembly that contains recommendations for funding for
3pre-school through grade 12 through Fiscal Year 2026. For
4Fiscal Year 2027, and annually thereafter, the State Board of
5Education shall submit a budget recommendation to the Governor
6and General Assembly that contains recommendations for funding
7for kindergarten through grade 12.
8(Source: P.A. 98-739, eff. 7-16-14.)
 
9    (105 ILCS 5/2-3.64a-10)
10    Sec. 2-3.64a-10. Kindergarten assessment.
11    (a) For the purposes of this Section, "kindergarten"
12includes both full-day and half-day kindergarten programs.
13    (b) Beginning no later than the 2021-2022 school year, the
14State Board of Education shall annually assess all public
15school students entering kindergarten using a common
16assessment tool, unless the State Board determines that a
17student is otherwise exempt. The common assessment tool must
18assess multiple developmental domains, including literacy,
19language, mathematics, and social and emotional development.
20The assessment must be valid, reliable, and developmentally
21appropriate to formatively assess a child's development and
22readiness for kindergarten.
23    (c) Results from the assessment may be used by the school
24to understand the child's development and readiness for
25kindergarten, to tailor instruction, and to measure the

 

 

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1child's progress over time. Assessment results may also be
2used to identify a need for the professional development of
3teachers and early childhood educators and to inform
4State-level and district-level policies and resource
5allocation.
6    The school shall make the assessment results available to
7the child's parent or guardian.
8    The assessment results may not be used (i) to prevent a
9child from enrolling in kindergarten or (ii) as the sole
10measure used in determining the grade promotion or retention
11of a student.
12    (d) On an annual basis, the State Board shall report
13publicly, at a minimum, data from the assessment for the State
14overall and for each school district. The State Board's report
15must disaggregate data by race and ethnicity, household
16income, students who are English learners, and students who
17have an individualized education program.
18    (e) The State Superintendent of Education shall appoint a
19committee of no more than 22 21 members, including the
20Secretary of Early Childhood or the Secretary's designee,
21parents, teachers, school administrators, assessment experts,
22regional superintendents of schools, state policy advocates,
23early childhood administrators, and other stakeholders, to
24review, on an ongoing basis, the content and design of the
25assessment, the collective results of the assessment as
26measured against kindergarten-readiness standards, and other

 

 

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1issues involving the assessment as identified by the
2committee.
3    The committee shall make periodic recommendations to the
4State Superintendent of Education and the General Assembly
5concerning the assessments.
6    (f) The State Board may adopt rules to implement and
7administer this Section.
8(Source: P.A. 101-654, eff. 3-8-21; 102-635, eff. 11-30-21
9(See Section 10 of P.A. 102-671 for effective date of P.A.
10102-209).)
 
11    (105 ILCS 5/2-3.71)  (from Ch. 122, par. 2-3.71)
12    Sec. 2-3.71. Grants for preschool educational programs.
13    (a) Preschool program.
14        (1) Through June 30, 2026, the The State Board of
15    Education shall implement and administer a grant program
16    under the provisions of this subsection which shall
17    consist of grants to public school districts and other
18    eligible entities, as defined by the State Board of
19    Education, to conduct voluntary preschool educational
20    programs for children ages 3 to 5 which include a parent
21    education component. A public school district which
22    receives grants under this subsection may subcontract with
23    other entities that are eligible to conduct a preschool
24    educational program. These grants must be used to
25    supplement, not supplant, funds received from any other

 

 

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1    source.
2        (1.5) On and after July 1, 2026, the Department of
3    Early Childhood shall implement and administer a grant
4    program for school districts and other eligible entities,
5    as defined by the Department, to conduct voluntary
6    preschool educational programs for children ages 3 to 5
7    which include a parent education component. A public
8    school district which receives grants under this
9    subsection may subcontract with other entities that are
10    eligible to conduct a preschool educational program. These
11    grants must be used to supplement, not supplant, funds
12    received from any other source.
13        (2) (Blank).
14        (3) Except as otherwise provided under this subsection
15    (a), any teacher of preschool children in the program
16    authorized by this subsection shall hold a Professional
17    Educator License with an early childhood education
18    endorsement.
19        (3.5) Beginning with the 2018-2019 school year and
20    until the 2028-2029 school year, an individual may teach
21    preschool children in an early childhood program under
22    this Section if he or she holds a Professional Educator
23    License with an early childhood education endorsement or
24    with short-term approval for early childhood education or
25    he or she pursues a Professional Educator License and
26    holds any of the following:

 

 

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1            (A) An ECE Credential Level of 5 awarded by the
2        Department of Human Services under the Gateways to
3        Opportunity Program developed under Section 10-70 of
4        the Department of Human Services Act.
5            (B) An Educator License with Stipulations with a
6        transitional bilingual educator endorsement and he or
7        she has (i) passed an early childhood education
8        content test or (ii) completed no less than 9 semester
9        hours of postsecondary coursework in the area of early
10        childhood education.
11        (4) (Blank).
12        (4.5) Through June 30, 2026, the State Board of
13    Education shall provide the primary source of funding
14    through appropriations for the program. On and after July
15    1, 2026, the Department of Early Childhood shall provide
16    the primary source of funding through appropriations for
17    the program. The State Board of Education shall provide
18    the primary source of funding through appropriations for
19    the program. Such funds shall be distributed to achieve a
20    goal of "Preschool for All Children" for the benefit of
21    all children whose families choose to participate in the
22    program. Based on available appropriations, newly funded
23    programs shall be selected through a process giving first
24    priority to qualified programs serving primarily at-risk
25    children and second priority to qualified programs serving
26    primarily children with a family income of less than 4

 

 

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1    times the poverty guidelines updated periodically in the
2    Federal Register by the U.S. Department of Health and
3    Human Services under the authority of 42 U.S.C. 9902(2).
4    For purposes of this paragraph (4.5), at-risk children are
5    those who because of their home and community environment
6    are subject to such language, cultural, economic and like
7    disadvantages to cause them to have been determined as a
8    result of screening procedures to be at risk of academic
9    failure. Through June 30, 2026, such screening procedures
10    shall be based on criteria established by the State Board
11    of Education. On and after July 1, 2026, such screening
12    procedures shall be based on criteria established by the
13    Department of Early Childhood. Such screening procedures
14    shall be based on criteria established by the State Board
15    of Education.
16        Except as otherwise provided in this paragraph (4.5),
17    grantees under the program must enter into a memorandum of
18    understanding with the appropriate local Head Start
19    agency. This memorandum must be entered into no later than
20    3 months after the award of a grantee's grant under the
21    program, except that, in the case of the 2009-2010 program
22    year, the memorandum must be entered into no later than
23    the deadline set by the State Board of Education for
24    applications to participate in the program in fiscal year
25    2011, and must address collaboration between the grantee's
26    program and the local Head Start agency on certain issues,

 

 

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1    which shall include without limitation the following:
2            (A) educational activities, curricular objectives,
3        and instruction;
4            (B) public information dissemination and access to
5        programs for families contacting programs;
6            (C) service areas;
7            (D) selection priorities for eligible children to
8        be served by programs;
9            (E) maximizing the impact of federal and State
10        funding to benefit young children;
11            (F) staff training, including opportunities for
12        joint staff training;
13            (G) technical assistance;
14            (H) communication and parent outreach for smooth
15        transitions to kindergarten;
16            (I) provision and use of facilities,
17        transportation, and other program elements;
18            (J) facilitating each program's fulfillment of its
19        statutory and regulatory requirements;
20            (K) improving local planning and collaboration;
21        and
22            (L) providing comprehensive services for the
23        neediest Illinois children and families.
24    Through June 30, 2026, if If the appropriate local Head
25    Start agency is unable or unwilling to enter into a
26    memorandum of understanding as required under this

 

 

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1    paragraph (4.5), the memorandum of understanding
2    requirement shall not apply and the grantee under the
3    program must notify the State Board of Education in
4    writing of the Head Start agency's inability or
5    unwillingness. The State Board of Education shall compile
6    all such written notices and make them available to the
7    public. On and after July 1, 2026, if the appropriate
8    local Head Start agency is unable or unwilling to enter
9    into a memorandum of understanding as required under this
10    paragraph (4.5), the memorandum of understanding
11    requirement shall not apply and the grantee under the
12    program must notify the Department of Early Childhood in
13    writing of the Head Start agency's inability or
14    unwillingness. The Department of Early Childhood shall
15    compile all such written notices and make them available
16    to the public.
17        (5) Through June 30, 2026, the The State Board of
18    Education shall develop and provide evaluation tools,
19    including tests, that school districts and other eligible
20    entities may use to evaluate children for school readiness
21    prior to age 5. The State Board of Education shall require
22    school districts and other eligible entities to obtain
23    consent from the parents or guardians of children before
24    any evaluations are conducted. The State Board of
25    Education shall encourage local school districts and other
26    eligible entities to evaluate the population of preschool

 

 

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

 

 

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1    of each fiscal year in which the General Assembly provides
2    funding for new programs under paragraph (4.5) of this
3    Section, the State Board of Education shall report to the
4    General Assembly on what percentage of new funding was
5    provided to programs serving primarily at-risk children,
6    what percentage of new funding was provided to programs
7    serving primarily children with a family income of less
8    than 4 times the federal poverty level, and what
9    percentage of new funding was provided to other programs.
10        (6.1) On and after July 1, 2026, the Department of
11    Early Childhood shall report to the General Assembly by
12    November 1, 2026 and every 2 years thereafter on the
13    results and progress of students who were enrolled in
14    preschool educational programs, including an assessment of
15    which programs have been most successful in promoting
16    academic excellence and alleviating academic failure. On
17    and after July 1, 2026, the Department of Early Childhood
18    shall assess the academic progress of all students who
19    have been enrolled in preschool educational programs.
20    Beginning in fiscal year 2027, on or before November 1 of
21    each fiscal year in which the General Assembly provides
22    funding for new programs under paragraph (4.5) of this
23    Section, the Department of Early Childhood shall report to
24    the General Assembly on what percentage of new funding was
25    provided to programs serving primarily at-risk children,
26    what percentage of new funding was provided to programs

 

 

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

 

 

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1        services administered by a local educational agency or
2        early intervention agency under Parts B and C of the
3        federal Individual with Disabilities Education Act,
4        and consultation with infant and early childhood
5        mental health consultants and the child's health care
6        provider. The program shall document attempts to
7        engage these resources, including parent or legal
8        guardian participation and consent attempted and
9        obtained. Communication with the parent or legal
10        guardian shall take place in a culturally and
11        linguistically competent manner.
12            (C) If there is documented evidence that all
13        available interventions and supports recommended by a
14        qualified professional have been exhausted and the
15        program determines in its professional judgment that
16        transitioning a child to another program is necessary
17        for the well-being of the child or his or her peers and
18        staff, with parent or legal guardian permission, both
19        the current and pending programs shall create a
20        transition plan designed to ensure continuity of
21        services and the comprehensive development of the
22        child. Communication with families shall occur in a
23        culturally and linguistically competent manner.
24            (D) Nothing in this paragraph (7) shall preclude a
25        parent's or legal guardian's right to voluntarily
26        withdraw his or her child from an early childhood

 

 

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1        program. Early childhood programs shall request and
2        keep on file, when received, a written statement from
3        the parent or legal guardian stating the reason for
4        his or her decision to withdraw his or her child.
5            (E) In the case of the determination of a serious
6        safety threat to a child or others or in the case of
7        behaviors listed in subsection (d) of Section 10-22.6
8        of this Code, the temporary removal of a child from
9        attendance in group settings may be used. Temporary
10        removal of a child from attendance in a group setting
11        shall trigger the process detailed in subparagraphs
12        (A), (B), and (C) of this paragraph (7), with the child
13        placed back in a group setting as quickly as possible.
14            (F) Early childhood programs may utilize and the
15        Department of Early Childhood, State Board of
16        Education, the Department of Human Services, and the
17        Department of Children and Family Services shall
18        recommend training, technical support, and
19        professional development resources to improve the
20        ability of teachers, administrators, program
21        directors, and other staff to promote social-emotional
22        development and behavioral health, to address
23        challenging behaviors, and to understand trauma and
24        trauma-informed care, cultural competence, family
25        engagement with diverse populations, the impact of
26        implicit bias on adult behavior, and the use of

 

 

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1        reflective practice techniques. Support shall include
2        the availability of resources to contract with infant
3        and early childhood mental health consultants.
4            (G) Through June 30, 2026 Beginning on July 1,
5        2018, early childhood programs shall annually report
6        to the State Board of Education, and, beginning in
7        fiscal year 2020, the State Board of Education shall
8        make available on a biennial basis, in an existing
9        report, all of the following data for children from
10        birth to age 5 who are served by the program:
11                (i) Total number served over the course of the
12            program year and the total number of children who
13            left the program during the program year.
14                (ii) Number of planned transitions to another
15            program due to children's behavior, by children's
16            race, gender, disability, language, class/group
17            size, teacher-child ratio, and length of program
18            day.
19                (iii) Number of temporary removals of a child
20            from attendance in group settings due to a serious
21            safety threat under subparagraph (E) of this
22            paragraph (7), by children's race, gender,
23            disability, language, class/group size,
24            teacher-child ratio, and length of program day.
25                (iv) Hours of infant and early childhood
26            mental health consultant contact with program

 

 

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

 

 

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1            year.
2            (H) Changes to services for children with an
3        individualized education program or individual family
4        service plan shall be construed in a manner consistent
5        with the federal Individuals with Disabilities
6        Education Act.
7        The Department of Early Childhood State Board of
8    Education, in consultation with the Governor's Office of
9    Early Childhood Development and the Department of Children
10    and Family Services, shall adopt rules to administer this
11    paragraph (7).
12    (b) (Blank).
13    (c) Notwithstanding any other provisions of this Section,
14grantees may serve children ages 0 to 12 of essential workers
15if the Governor has declared a disaster due to a public health
16emergency pursuant to Section 7 of the Illinois Emergency
17Management Agency Act. For the purposes of this subsection,
18essential workers include those outlined in Executive Order
1920-8 and school employees. The State Board of Education shall
20adopt rules to administer this subsection.
21    (d) Paragraphs (a)(1), (a)(1.5), (a)(4.5), (a)(5),
22(a)(5.1), (a)(6), (a)(6.1), and (a)(7) and subsection (c) of
23this Section are inoperative on and after July 1, 2026.
24(Source: P.A. 103-111, eff. 6-29-23.)
 
25    (105 ILCS 5/2-3.71a)  (from Ch. 122, par. 2-3.71a)

 

 

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1    Sec. 2-3.71a. Grants for early childhood parental training
2programs. The State Board of Education shall implement and
3administer a grant program consisting of grants to public
4school districts and other eligible entities, as defined by
5the State Board of Education, to conduct early childhood
6parental training programs for the parents of children in the
7period of life from birth to kindergarten. A public school
8district that receives grants under this Section may contract
9with other eligible entities to conduct an early childhood
10parental training program. These grants must be used to
11supplement, not supplant, funds received from any other
12source. A school board or other eligible entity shall employ
13appropriately qualified personnel for its early childhood
14parental training program, including but not limited to
15certified teachers, counselors, psychiatrists, psychologists
16and social workers.
17    (a) As used in this Section, "parental training" means and
18includes instruction in the following:
19        (1) Child growth and development, including prenatal
20    development.
21        (2) Childbirth and child care.
22        (3) Family structure, function and management.
23        (4) Prenatal and postnatal care for mothers and
24    infants.
25        (5) Prevention of child abuse.
26        (6) The physical, mental, emotional, social, economic

 

 

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

 

 

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1entity may waive all or part of such charges if it determines
2that the parent is indigent or that the educational needs of
3the parent require his or her attendance at such courses.
4    (e) Parents who participate in early childhood parental
5training programs under this Section may be eligible for
6reasonable reimbursement of any incidental transportation and
7child care expenses from the school district receiving funds
8pursuant to this Section.
9    (f) Districts and other eligible entities receiving grants
10pursuant to this Section shall coordinate programs created
11under this Section with other preschool educational programs,
12including "at-risk" preschool programs, special and vocational
13education, and related services provided by other governmental
14agencies and not-for-profit agencies.
15    (g) The State Board of Education shall report to the
16General Assembly by July 1, 1991, on the results of the
17programs funded pursuant to this Section and whether a need
18continues for such programs.
19    (h) After July 1, 2006, any parental training services
20funded pursuant to this Section on the effective date of this
21amendatory Act of the 94th General Assembly shall continue to
22be funded pursuant to this Section, subject to appropriation
23and the meeting of program standards. Any additional parental
24training services must be funded, subject to appropriation,
25through preschool education grants pursuant to subdivision (4)
26of subsection (a) of Section 2-3.71 of this Code for families

 

 

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1with children ages 3 to 5 and through prevention initiative
2grants pursuant to subsection (b) of Section 2-3.89 of this
3Code for expecting families and those with children from birth
4to 3 years of age.
5    (i) Early childhood programs under this Section are
6subject to the requirements under paragraph (7) of subsection
7(a) of Section 2-3.71 of this Code.
8    (j) This Section is repealed on July 1, 2026.
9(Source: P.A. 100-105, eff. 1-1-18.)
 
10    (105 ILCS 5/2-3.79)  (from Ch. 122, par. 2-3.79)
11    Sec. 2-3.79. Pilot programs and special education services
12for preschool children with disabilities from birth to age 3.
13The State Board of Education may enter into contracts with
14public or not-for-profit private organizations or agencies to
15establish model pilot programs which provide services to
16children with disabilities from birth up to the age of 3 years.
17Annual grants shall be awarded on a competitive basis pursuant
18to established criteria provided that there is an annual
19appropriation for this purpose. Public or not-for-profit
20private organizations or agencies that are providing services
21to children with disabilities up to the age of 3 years prior to
22September 22, 1985 are eligible to receive grants awarded
23pursuant to this Section.
24    Each pilot program shall include, but not be limited to: a
25process for identification of infants with disabilities in the

 

 

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1region; community awareness of the project and the services
2provided; an intervention system; methods to assess and
3diagnose infants with disabilities; written individual
4treatment programs that include parental involvement; an
5interdisciplinary treatment approach to include other agencies
6and not-for-profit organizations; and a written evaluation
7submitted to the State Board of Education at the end of the
8grant period.
9    An Interagency Coordination Council shall be established
10consisting of a representative of the State Superintendent of
11Education who shall serve as chairman, and one representative
12from the following departments appointed by the respective
13directors or secretary: Children and Family Services, Public
14Health, Human Services, Public Aid, and the Division of
15Specialized Care for Children of the University of Illinois.
16The council shall recommend criteria to the State Board of
17Education for the awarding of grants pursuant to this Section
18and shall assist in coordinating the services provided by
19agencies to the children with disabilities described in this
20Section.
21    A report containing recommendations concerning all of the
22pilot programs shall be submitted by the State Board of
23Education to the General Assembly by January of 1989. The
24report which shall analyze the results of the pilot programs
25funded under this Section and make recommendations concerning
26existing and proposed programs shall include, but not be

 

 

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1limited to: recommendations for staff licensure and
2qualifications; the number of children and families eligible
3for services statewide; the cost of serving the children and
4their families; the types of services to be provided; and
5designs for the most effective delivery systems of these
6services.
7    This Section is repealed on July 1, 2026.
8(Source: P.A. 89-397, eff. 8-20-95; 89-507, eff. 7-1-97.)
 
9    (105 ILCS 5/2-3.89)  (from Ch. 122, par. 2-3.89)
10    Sec. 2-3.89. Programs concerning services to at-risk
11children and their families.
12    (a) The State Board of Education may provide grants to
13eligible entities, as defined by the State Board of Education,
14to establish programs which offer coordinated services to
15at-risk infants and toddlers and their families. Each program
16shall include a parent education program relating to the
17development and nurturing of infants and toddlers and case
18management services to coordinate existing services available
19in the region served by the program. These services shall be
20provided through the implementation of an individual family
21service plan. Each program will have a community involvement
22component to provide coordination in the service system.
23    (b) The State Board of Education shall administer the
24programs through the grants to public school districts and
25other eligible entities. These grants must be used to

 

 

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1supplement, not supplant, funds received from any other
2source. School districts and other eligible entities receiving
3grants pursuant to this Section shall conduct voluntary,
4intensive, research-based, and comprehensive prevention
5services, as defined by the State Board of Education, for
6expecting parents and families with children from birth to age
73 who are at-risk of academic failure. A public school
8district that receives a grant under this Section may
9subcontract with other eligible entities.
10    (c) The State Board of Education shall report to the
11General Assembly by July 1, 2006 and every 2 years thereafter,
12using the most current data available, on the status of
13programs funded under this Section, including without
14limitation characteristics of participants, services
15delivered, program models used, unmet needs, and results of
16the programs funded.
17    (d) This Section is repealed on July 1, 2026.
18(Source: P.A. 96-734, eff. 8-25-09.)
 
19    (105 ILCS 5/10-22.6)  (from Ch. 122, par. 10-22.6)
20    (Text of Section before amendment by P.A. 102-466)
21    Sec. 10-22.6. Suspension or expulsion of pupils; school
22searches.
23    (a) To expel pupils guilty of gross disobedience or
24misconduct, including gross disobedience or misconduct
25perpetuated by electronic means, pursuant to subsection (b-20)

 

 

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1of this Section, and no action shall lie against them for such
2expulsion. Expulsion shall take place only after the parents
3have been requested to appear at a meeting of the board, or
4with a hearing officer appointed by it, to discuss their
5child's behavior. Such request shall be made by registered or
6certified mail and shall state the time, place and purpose of
7the meeting. The board, or a hearing officer appointed by it,
8at such meeting shall state the reasons for dismissal and the
9date on which the expulsion is to become effective. If a
10hearing officer is appointed by the board, he shall report to
11the board a written summary of the evidence heard at the
12meeting and the board may take such action thereon as it finds
13appropriate. If the board acts to expel a pupil, the written
14expulsion decision shall detail the specific reasons why
15removing the pupil from the learning environment is in the
16best interest of the school. The expulsion decision shall also
17include a rationale as to the specific duration of the
18expulsion. An expelled pupil may be immediately transferred to
19an alternative program in the manner provided in Article 13A
20or 13B of this Code. A pupil must not be denied transfer
21because of the expulsion, except in cases in which such
22transfer is deemed to cause a threat to the safety of students
23or staff in the alternative program.
24    (b) To suspend or by policy to authorize the
25superintendent of the district or the principal, assistant
26principal, or dean of students of any school to suspend pupils

 

 

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1guilty of gross disobedience or misconduct, or to suspend
2pupils guilty of gross disobedience or misconduct on the
3school bus from riding the school bus, pursuant to subsections
4(b-15) and (b-20) of this Section, and no action shall lie
5against them for such suspension. The board may by policy
6authorize the superintendent of the district or the principal,
7assistant principal, or dean of students of any school to
8suspend pupils guilty of such acts for a period not to exceed
910 school days. If a pupil is suspended due to gross
10disobedience or misconduct on a school bus, the board may
11suspend the pupil in excess of 10 school days for safety
12reasons.
13    Any suspension shall be reported immediately to the
14parents or guardian of a pupil along with a full statement of
15the reasons for such suspension and a notice of their right to
16a review. The school board must be given a summary of the
17notice, including the reason for the suspension and the
18suspension length. Upon request of the parents or guardian,
19the school board or a hearing officer appointed by it shall
20review such action of the superintendent or principal,
21assistant principal, or dean of students. At such review, the
22parents or guardian of the pupil may appear and discuss the
23suspension with the board or its hearing officer. If a hearing
24officer is appointed by the board, he shall report to the board
25a written summary of the evidence heard at the meeting. After
26its hearing or upon receipt of the written report of its

 

 

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1hearing officer, the board may take such action as it finds
2appropriate. If a student is suspended pursuant to this
3subsection (b), the board shall, in the written suspension
4decision, detail the specific act of gross disobedience or
5misconduct resulting in the decision to suspend. The
6suspension decision shall also include a rationale as to the
7specific duration of the suspension. A pupil who is suspended
8in excess of 20 school days may be immediately transferred to
9an alternative program in the manner provided in Article 13A
10or 13B of this Code. A pupil must not be denied transfer
11because of the suspension, except in cases in which such
12transfer is deemed to cause a threat to the safety of students
13or staff in the alternative program.
14    (b-5) Among the many possible disciplinary interventions
15and consequences available to school officials, school
16exclusions, such as out-of-school suspensions and expulsions,
17are the most serious. School officials shall limit the number
18and duration of expulsions and suspensions to the greatest
19extent practicable, and it is recommended that they use them
20only for legitimate educational purposes. To ensure that
21students are not excluded from school unnecessarily, it is
22recommended that school officials consider forms of
23non-exclusionary discipline prior to using out-of-school
24suspensions or expulsions.
25    (b-10) Unless otherwise required by federal law or this
26Code, school boards may not institute zero-tolerance policies

 

 

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

 

 

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1(b-20), the determination of whether "appropriate and
2available behavioral and disciplinary interventions have been
3exhausted" shall be made by school officials. School officials
4shall make all reasonable efforts to resolve such threats,
5address such disruptions, and minimize the length of student
6exclusions to the greatest extent practicable. Within the
7suspension decision described in subsection (b) of this
8Section or the expulsion decision described in subsection (a)
9of this Section, it shall be documented whether other
10interventions were attempted or whether it was determined that
11there were no other appropriate and available interventions.
12    (b-25) Students who are suspended out-of-school for longer
13than 4 school days shall be provided appropriate and available
14support services during the period of their suspension. For
15purposes of this subsection (b-25), "appropriate and available
16support services" shall be determined by school authorities.
17Within the suspension decision described in subsection (b) of
18this Section, it shall be documented whether such services are
19to be provided or whether it was determined that there are no
20such appropriate and available services.
21    A school district may refer students who are expelled to
22appropriate and available support services.
23    A school district shall create a policy to facilitate the
24re-engagement of students who are suspended out-of-school,
25expelled, or returning from an alternative school setting.
26    (b-30) A school district shall create a policy by which

 

 

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1suspended pupils, including those pupils suspended from the
2school bus who do not have alternate transportation to school,
3shall have the opportunity to make up work for equivalent
4academic credit. It shall be the responsibility of a pupil's
5parent or guardian to notify school officials that a pupil
6suspended from the school bus does not have alternate
7transportation to school.
8    (c) A school board must invite a representative from a
9local mental health agency to consult with the board at the
10meeting whenever there is evidence that mental illness may be
11the cause of a student's expulsion or suspension.
12    (c-5) School districts shall make reasonable efforts to
13provide ongoing professional development to teachers,
14administrators, school board members, school resource
15officers, and staff on the adverse consequences of school
16exclusion and justice-system involvement, effective classroom
17management strategies, culturally responsive discipline, the
18appropriate and available supportive services for the
19promotion of student attendance and engagement, and
20developmentally appropriate disciplinary methods that promote
21positive and healthy school climates.
22    (d) The board may expel a student for a definite period of
23time not to exceed 2 calendar years, as determined on a
24case-by-case basis. A student who is determined to have
25brought one of the following objects to school, any
26school-sponsored activity or event, or any activity or event

 

 

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

 

 

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

 

 

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1the assistance of law enforcement officials for the purpose of
2conducting inspections and searches of lockers, desks, parking
3lots, and other school property and equipment owned or
4controlled by the school for illegal drugs, weapons, or other
5illegal or dangerous substances or materials, including
6searches conducted through the use of specially trained dogs.
7If a search conducted in accordance with this Section produces
8evidence that the student has violated or is violating either
9the law, local ordinance, or the school's policies or rules,
10such evidence may be seized by school authorities, and
11disciplinary action may be taken. School authorities may also
12turn over such evidence to law enforcement authorities.
13    (f) Suspension or expulsion may include suspension or
14expulsion from school and all school activities and a
15prohibition from being present on school grounds.
16    (g) A school district may adopt a policy providing that if
17a student is suspended or expelled for any reason from any
18public or private school in this or any other state, the
19student must complete the entire term of the suspension or
20expulsion in an alternative school program under Article 13A
21of this Code or an alternative learning opportunities program
22under Article 13B of this Code before being admitted into the
23school district if there is no threat to the safety of students
24or staff in the alternative program.
25    (h) School officials shall not advise or encourage
26students to drop out voluntarily due to behavioral or academic

 

 

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1difficulties.
2    (i) A student may not be issued a monetary fine or fee as a
3disciplinary consequence, though this shall not preclude
4requiring a student to provide restitution for lost, stolen,
5or damaged property.
6    (j) Subsections (a) through (i) of this Section shall
7apply to elementary and secondary schools, charter schools,
8special charter districts, and school districts organized
9under Article 34 of this Code.
10    (k) The expulsion of children enrolled in programs funded
11under Section 1C-2 of this Code is subject to the requirements
12under paragraph (7) of subsection (a) of Section 2-3.71 of
13this Code.
14    (l) Beginning with the 2018-2019 school year, an in-school
15suspension program provided by a school district for any
16students in kindergarten through grade 12 may focus on
17promoting non-violent conflict resolution and positive
18interaction with other students and school personnel. A school
19district may employ a school social worker or a licensed
20mental health professional to oversee an in-school suspension
21program in kindergarten through grade 12.
22(Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21;
23102-813, eff. 5-13-22.)
 
24    (Text of Section after amendment by P.A. 102-466)
25    Sec. 10-22.6. Suspension or expulsion of pupils; school

 

 

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1searches.
2    (a) To expel pupils guilty of gross disobedience or
3misconduct, including gross disobedience or misconduct
4perpetuated by electronic means, pursuant to subsection (b-20)
5of this Section, and no action shall lie against them for such
6expulsion. Expulsion shall take place only after the parents
7or guardians have been requested to appear at a meeting of the
8board, or with a hearing officer appointed by it, to discuss
9their child's behavior. Such request shall be made by
10registered or certified mail and shall state the time, place
11and purpose of the meeting. The board, or a hearing officer
12appointed by it, at such meeting shall state the reasons for
13dismissal and the date on which the expulsion is to become
14effective. If a hearing officer is appointed by the board, he
15shall report to the board a written summary of the evidence
16heard at the meeting and the board may take such action thereon
17as it finds appropriate. If the board acts to expel a pupil,
18the written expulsion decision shall detail the specific
19reasons why removing the pupil from the learning environment
20is in the best interest of the school. The expulsion decision
21shall also include a rationale as to the specific duration of
22the expulsion. An expelled pupil may be immediately
23transferred to an alternative program in the manner provided
24in Article 13A or 13B of this Code. A pupil must not be denied
25transfer because of the expulsion, except in cases in which
26such transfer is deemed to cause a threat to the safety of

 

 

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1students or staff in the alternative program.
2    (b) To suspend or by policy to authorize the
3superintendent of the district or the principal, assistant
4principal, or dean of students of any school to suspend pupils
5guilty of gross disobedience or misconduct, or to suspend
6pupils guilty of gross disobedience or misconduct on the
7school bus from riding the school bus, pursuant to subsections
8(b-15) and (b-20) of this Section, and no action shall lie
9against them for such suspension. The board may by policy
10authorize the superintendent of the district or the principal,
11assistant principal, or dean of students of any school to
12suspend pupils guilty of such acts for a period not to exceed
1310 school days. If a pupil is suspended due to gross
14disobedience or misconduct on a school bus, the board may
15suspend the pupil in excess of 10 school days for safety
16reasons.
17    Any suspension shall be reported immediately to the
18parents or guardians of a pupil along with a full statement of
19the reasons for such suspension and a notice of their right to
20a review. The school board must be given a summary of the
21notice, including the reason for the suspension and the
22suspension length. Upon request of the parents or guardians,
23the school board or a hearing officer appointed by it shall
24review such action of the superintendent or principal,
25assistant principal, or dean of students. At such review, the
26parents or guardians of the pupil may appear and discuss the

 

 

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1suspension with the board or its hearing officer. If a hearing
2officer is appointed by the board, he shall report to the board
3a written summary of the evidence heard at the meeting. After
4its hearing or upon receipt of the written report of its
5hearing officer, the board may take such action as it finds
6appropriate. If a student is suspended pursuant to this
7subsection (b), the board shall, in the written suspension
8decision, detail the specific act of gross disobedience or
9misconduct resulting in the decision to suspend. The
10suspension decision shall also include a rationale as to the
11specific duration of the suspension. A pupil who is suspended
12in excess of 20 school days may be immediately transferred to
13an alternative program in the manner provided in Article 13A
14or 13B of this Code. A pupil must not be denied transfer
15because of the suspension, except in cases in which such
16transfer is deemed to cause a threat to the safety of students
17or staff in the alternative program.
18    (b-5) Among the many possible disciplinary interventions
19and consequences available to school officials, school
20exclusions, such as out-of-school suspensions and expulsions,
21are the most serious. School officials shall limit the number
22and duration of expulsions and suspensions to the greatest
23extent practicable, and it is recommended that they use them
24only for legitimate educational purposes. To ensure that
25students are not excluded from school unnecessarily, it is
26recommended that school officials consider forms of

 

 

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1non-exclusionary discipline prior to using out-of-school
2suspensions or expulsions.
3    (b-10) Unless otherwise required by federal law or this
4Code, school boards may not institute zero-tolerance policies
5by which school administrators are required to suspend or
6expel students for particular behaviors.
7    (b-15) Out-of-school suspensions of 3 days or less may be
8used only if the student's continuing presence in school would
9pose a threat to school safety or a disruption to other
10students' learning opportunities. For purposes of this
11subsection (b-15), "threat to school safety or a disruption to
12other students' learning opportunities" shall be determined on
13a case-by-case basis by the school board or its designee.
14School officials shall make all reasonable efforts to resolve
15such threats, address such disruptions, and minimize the
16length of suspensions to the greatest extent practicable.
17    (b-20) Unless otherwise required by this Code,
18out-of-school suspensions of longer than 3 days, expulsions,
19and disciplinary removals to alternative schools may be used
20only if other appropriate and available behavioral and
21disciplinary interventions have been exhausted and the
22student's continuing presence in school would either (i) pose
23a threat to the safety of other students, staff, or members of
24the school community or (ii) substantially disrupt, impede, or
25interfere with the operation of the school. For purposes of
26this subsection (b-20), "threat to the safety of other

 

 

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1students, staff, or members of the school community" and
2"substantially disrupt, impede, or interfere with the
3operation of the school" shall be determined on a case-by-case
4basis by school officials. For purposes of this subsection
5(b-20), the determination of whether "appropriate and
6available behavioral and disciplinary interventions have been
7exhausted" shall be made by school officials. School officials
8shall make all reasonable efforts to resolve such threats,
9address such disruptions, and minimize the length of student
10exclusions to the greatest extent practicable. Within the
11suspension decision described in subsection (b) of this
12Section or the expulsion decision described in subsection (a)
13of this Section, it shall be documented whether other
14interventions were attempted or whether it was determined that
15there were no other appropriate and available interventions.
16    (b-25) Students who are suspended out-of-school for longer
17than 4 school days shall be provided appropriate and available
18support services during the period of their suspension. For
19purposes of this subsection (b-25), "appropriate and available
20support services" shall be determined by school authorities.
21Within the suspension decision described in subsection (b) of
22this Section, it shall be documented whether such services are
23to be provided or whether it was determined that there are no
24such appropriate and available services.
25    A school district may refer students who are expelled to
26appropriate and available support services.

 

 

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1    A school district shall create a policy to facilitate the
2re-engagement of students who are suspended out-of-school,
3expelled, or returning from an alternative school setting.
4    (b-30) A school district shall create a policy by which
5suspended pupils, including those pupils suspended from the
6school bus who do not have alternate transportation to school,
7shall have the opportunity to make up work for equivalent
8academic credit. It shall be the responsibility of a pupil's
9parents or guardians to notify school officials that a pupil
10suspended from the school bus does not have alternate
11transportation to school.
12    (b-35) In all suspension review hearings conducted under
13subsection (b) or expulsion hearings conducted under
14subsection (a), a student may disclose any factor to be
15considered in mitigation, including his or her status as a
16parent, expectant parent, or victim of domestic or sexual
17violence, as defined in Article 26A. A representative of the
18parent's or guardian's choice, or of the student's choice if
19emancipated, must be permitted to represent the student
20throughout the proceedings and to address the school board or
21its appointed hearing officer. With the approval of the
22student's parent or guardian, or of the student if
23emancipated, a support person must be permitted to accompany
24the student to any disciplinary hearings or proceedings. The
25representative or support person must comply with any rules of
26the school district's hearing process. If the representative

 

 

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1or support person violates the rules or engages in behavior or
2advocacy that harasses, abuses, or intimidates either party, a
3witness, or anyone else in attendance at the hearing, the
4representative or support person may be prohibited from
5further participation in the hearing or proceeding. A
6suspension or expulsion proceeding under this subsection
7(b-35) must be conducted independently from any ongoing
8criminal investigation or proceeding, and an absence of
9pending or possible criminal charges, criminal investigations,
10or proceedings may not be a factor in school disciplinary
11decisions.
12    (b-40) During a suspension review hearing conducted under
13subsection (b) or an expulsion hearing conducted under
14subsection (a) that involves allegations of sexual violence by
15the student who is subject to discipline, neither the student
16nor his or her representative shall directly question nor have
17direct contact with the alleged victim. The student who is
18subject to discipline or his or her representative may, at the
19discretion and direction of the school board or its appointed
20hearing officer, suggest questions to be posed by the school
21board or its appointed hearing officer to the alleged victim.
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. A school district that
13adopts a policy under this subsection (g) must include a
14provision allowing for consideration of any mitigating
15factors, including, but not limited to, a student's status as
16a parent, expectant parent, or victim of domestic or sexual
17violence, as defined in Article 26A.
18    (h) School officials shall not advise or encourage
19students to drop out voluntarily due to behavioral or academic
20difficulties.
21    (i) A student may not be issued a monetary fine or fee as a
22disciplinary consequence, though this shall not preclude
23requiring a student to provide restitution for lost, stolen,
24or damaged property.
25    (j) Subsections (a) through (i) of this Section shall
26apply to elementary and secondary schools, charter schools,

 

 

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1special charter districts, and school districts organized
2under Article 34 of this Code.
3    (k) Through June 30, 2026, the The expulsion of children
4enrolled in programs funded under Section 1C-2 of this Code is
5subject to the requirements under paragraph (7) of subsection
6(a) of Section 2-3.71 of this Code.
7    (k-5) On and after July 1, 2026, the expulsion of children
8enrolled in programs funded under Section 15-25 of the
9Department of Early Childhood Act is subject to the
10requirements of paragraph (7) of subsection (a) of Section
1115-30 of the Department of Early Childhood Act.
12    (l) Beginning with the 2018-2019 school year, an in-school
13suspension program provided by a school district for any
14students in kindergarten through grade 12 may focus on
15promoting non-violent conflict resolution and positive
16interaction with other students and school personnel. A school
17district may employ a school social worker or a licensed
18mental health professional to oversee an in-school suspension
19program in kindergarten through grade 12.
20(Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25;
21102-539, eff. 8-20-21; 102-813, eff. 5-13-22.)
 
22    (105 ILCS 5/21B-50)
23    Sec. 21B-50. Alternative Educator Licensure Program for
24Teachers.
25    (a) There is established an alternative educator licensure

 

 

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1program, to be known as the Alternative Educator Licensure
2Program for Teachers.
3    (b) The Alternative Educator Licensure Program for
4Teachers may be offered by a recognized institution approved
5to offer educator preparation programs by the State Board of
6Education, in consultation with the State Educator Preparation
7and Licensure Board.
8    The program shall be comprised of up to 3 phases:
9        (1) A course of study that at a minimum includes
10    instructional planning; instructional strategies,
11    including special education, reading, and English language
12    learning; classroom management; and the assessment of
13    students and use of data to drive instruction.
14        (2) A year of residency, which is a candidate's
15    assignment to a full-time teaching position or as a
16    co-teacher for one full school year. An individual must
17    hold an Educator License with Stipulations with an
18    alternative provisional educator endorsement in order to
19    enter the residency. In residency, the candidate must: be
20    assigned an effective, fully licensed teacher by the
21    principal or principal equivalent to act as a mentor and
22    coach the candidate through residency, complete additional
23    program requirements that address required State and
24    national standards, pass the State Board's teacher
25    performance assessment, if required under Section 21B-30,
26    and be recommended by the principal or qualified

 

 

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1    equivalent of a principal, as required under subsection
2    (d) of this Section, and the program coordinator to be
3    recommended for full licensure or to continue with a
4    second year of the residency.
5        (3) (Blank).
6        (4) A comprehensive assessment of the candidate's
7    teaching effectiveness, as evaluated by the principal or
8    qualified equivalent of a principal, as required under
9    subsection (d) of this Section, and the program
10    coordinator, at the end of either the first or the second
11    year of residency. If there is disagreement between the 2
12    evaluators about the candidate's teaching effectiveness at
13    the end of the first year of residency, a second year of
14    residency shall be required. If there is disagreement
15    between the 2 evaluators at the end of the second year of
16    residency, the candidate may complete one additional year
17    of residency teaching under a professional development
18    plan developed by the principal or qualified equivalent
19    and the preparation program. At the completion of the
20    third year, a candidate must have positive evaluations and
21    a recommendation for full licensure from both the
22    principal or qualified equivalent and the program
23    coordinator or no Professional Educator License shall be
24    issued.
25    Successful completion of the program shall be deemed to
26satisfy any other practice or student teaching and content

 

 

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1matter requirements established by law.
2    (c) An alternative provisional educator endorsement on an
3Educator License with Stipulations is valid for up to 2 years
4of teaching in the public schools, including without
5limitation a preschool educational program under Section
62-3.71 of this Code or Section 15-30 of the Department of Early
7Childhood Act or charter school, or in a State-recognized
8nonpublic school in which the chief administrator is required
9to have the licensure necessary to be a principal in a public
10school in this State and in which a majority of the teachers
11are required to have the licensure necessary to be instructors
12in a public school in this State, but may be renewed for a
13third year if needed to complete the Alternative Educator
14Licensure Program for Teachers. The endorsement shall be
15issued only once to an individual who meets all of the
16following requirements:
17        (1) Has graduated from a regionally accredited college
18    or university with a bachelor's degree or higher.
19        (2) (Blank).
20        (3) Has completed a major in the content area if
21    seeking a middle or secondary level endorsement or, if
22    seeking an early childhood, elementary, or special
23    education endorsement, has completed a major in the
24    content area of early childhood reading, English/language
25    arts, mathematics, or one of the sciences. If the
26    individual does not have a major in a content area for any

 

 

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1    level of teaching, he or she must submit transcripts to
2    the State Board of Education to be reviewed for
3    equivalency.
4        (4) Has successfully completed phase (1) of subsection
5    (b) of this Section.
6        (5) Has passed a content area test required for the
7    specific endorsement for admission into the program, as
8    required under Section 21B-30 of this Code.
9    A candidate possessing the alternative provisional
10educator endorsement may receive a salary, benefits, and any
11other terms of employment offered to teachers in the school
12who are members of an exclusive bargaining representative, if
13any, but a school is not required to provide these benefits
14during the years of residency if the candidate is serving only
15as a co-teacher. If the candidate is serving as the teacher of
16record, the candidate must receive a salary, benefits, and any
17other terms of employment. Residency experiences must not be
18counted towards tenure.
19    (d) The recognized institution offering the Alternative
20Educator Licensure Program for Teachers must partner with a
21school district, including without limitation a preschool
22educational program under Section 2-3.71 of this Code or
23Section 15-30 of the Department of Early Childhood Act or
24charter school, or a State-recognized, nonpublic school in
25this State in which the chief administrator is required to
26have the licensure necessary to be a principal in a public

 

 

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1school in this State and in which a majority of the teachers
2are required to have the licensure necessary to be instructors
3in a public school in this State. A recognized institution
4that partners with a public school district administering a
5preschool educational program under Section 2-3.71 of this
6Code or Section 15-30 of the Department of Early Childhood Act
7must require a principal to recommend or evaluate candidates
8in the program. A recognized institution that partners with an
9eligible entity administering a preschool educational program
10under Section 2-3.71 of this Code or Section 15-30 of the
11Department of Early Childhood Act and that is not a public
12school district must require a principal or qualified
13equivalent of a principal to recommend or evaluate candidates
14in the program. The program presented for approval by the
15State Board of Education must demonstrate the supports that
16are to be provided to assist the provisional teacher during
17the one-year 1-year or 2-year residency period and if the
18residency period is to be less than 2 years in length,
19assurances from the partner school districts to provide
20intensive mentoring and supports through at least the end of
21the second full year of teaching for educators who completed
22the Alternative Educator Educators Licensure Program for
23Teachers in less than 2 years. These supports must, at a
24minimum, provide additional contact hours with mentors during
25the first year of residency.
26    (e) Upon completion of phases under paragraphs (1), (2),

 

 

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1(4), and, if needed, (3) in subsection (b) of this Section and
2all assessments required under Section 21B-30 of this Code, an
3individual shall receive a Professional Educator License.
4    (f) The State Board of Education, in consultation with the
5State Educator Preparation and Licensure Board, may adopt such
6rules as may be necessary to establish and implement the
7Alternative Educator Licensure Program for Teachers.
8(Source: P.A. 103-111, eff. 6-29-23; 103-488, eff. 8-4-23;
9revised 9-1-23.)
 
10    (105 ILCS 5/22-45)
11    Sec. 22-45. Illinois P-20 Council.
12    (a) The General Assembly finds that preparing Illinoisans
13for success in school and the workplace requires a continuum
14of quality education from preschool through graduate school.
15This State needs a framework to guide education policy and
16integrate education at every level. A statewide coordinating
17council to study and make recommendations concerning education
18at all levels can avoid fragmentation of policies, promote
19improved teaching and learning, and continue to cultivate and
20demonstrate strong accountability and efficiency. Establishing
21an Illinois P-20 Council will develop a statewide agenda that
22will move the State towards the common goals of improving
23academic achievement, increasing college access and success,
24improving use of existing data and measurements, developing
25improved accountability, fostering innovative approaches to

 

 

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1education, promoting lifelong learning, easing the transition
2to college, and reducing remediation. A pre-kindergarten
3through grade 20 agenda will strengthen this State's economic
4competitiveness by producing a highly-skilled workforce. In
5addition, lifelong learning plans will enhance this State's
6ability to leverage funding.
7    (b) There is created the Illinois P-20 Council. The
8Illinois P-20 Council shall include all of the following
9members:
10        (1) The Governor or his or her designee, to serve as
11    chairperson.
12        (2) Four members of the General Assembly, one
13    appointed by the Speaker of the House of Representatives,
14    one appointed by the Minority Leader of the House of
15    Representatives, one appointed by the President of the
16    Senate, and one appointed by the Minority Leader of the
17    Senate.
18        (3) Six at-large members appointed by the Governor as
19    follows, with 2 members being from the City of Chicago, 2
20    members being from Lake County, McHenry County, Kane
21    County, DuPage County, Will County, or that part of Cook
22    County outside of the City of Chicago, and 2 members being
23    from the remainder of the State:
24            (A) one representative of civic leaders;
25            (B) one representative of local government;
26            (C) one representative of trade unions;

 

 

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1            (D) one representative of nonprofit organizations
2        or foundations;
3            (E) one representative of parents' organizations;
4        and
5            (F) one education research expert.
6        (4) Five members appointed by statewide business
7    organizations and business trade associations.
8        (5) Six members appointed by statewide professional
9    organizations and associations representing
10    pre-kindergarten through grade 20 teachers, community
11    college faculty, and public university faculty.
12        (6) Two members appointed by associations representing
13    local school administrators and school board members. One
14    of these members must be a special education
15    administrator.
16        (7) One member representing community colleges,
17    appointed by the Illinois Council of Community College
18    Presidents.
19        (8) One member representing 4-year independent
20    colleges and universities, appointed by a statewide
21    organization representing private institutions of higher
22    learning.
23        (9) One member representing public 4-year
24    universities, appointed jointly by the university
25    presidents and chancellors.
26        (10) Ex-officio members as follows:

 

 

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1            (A) The State Superintendent of Education or his
2        or her designee.
3            (A-5) The Secretary of Early Childhood or the
4        Secretary's designee.
5            (B) The Executive Director of the Board of Higher
6        Education or his or her designee.
7            (C) The Executive Director of the Illinois
8        Community College Board or his or her designee.
9            (D) The Executive Director of the Illinois Student
10        Assistance Commission or his or her designee.
11            (E) The Co-chairpersons of the Illinois Workforce
12        Investment Board or their designee.
13            (F) The Director of Commerce and Economic
14        Opportunity or his or her designee.
15            (G) The Chairperson of the Illinois Early Learning
16        Council or his or her designee.
17            (H) The President of the Illinois Mathematics and
18        Science Academy or his or her designee.
19            (I) The president of an association representing
20        educators of adult learners or his or her designee.
21Ex-officio members shall have no vote on the Illinois P-20
22Council.
23    Appointed members shall serve for staggered terms expiring
24on July 1 of the first, second, or third calendar year
25following their appointments or until their successors are
26appointed and have qualified. Staggered terms shall be

 

 

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1determined by lot at the organizing meeting of the Illinois
2P-20 Council.
3    Vacancies shall be filled in the same manner as original
4appointments, and any member so appointed shall serve during
5the remainder of the term for which the vacancy occurred.
6    (c) The Illinois P-20 Council shall be funded through
7State appropriations to support staff activities, research,
8data-collection, and dissemination. The Illinois P-20 Council
9shall be staffed by the Office of the Governor, in
10coordination with relevant State agencies, boards, and
11commissions. The Illinois Education Research Council shall
12provide research and coordinate research collection activities
13for the Illinois P-20 Council.
14    (d) The Illinois P-20 Council shall have all of the
15following duties:
16        (1) To make recommendations to do all of the
17    following:
18            (A) Coordinate pre-kindergarten through grade 20
19        (graduate school) education in this State through
20        working at the intersections of educational systems to
21        promote collaborative infrastructure.
22            (B) Coordinate and leverage strategies, actions,
23        legislation, policies, and resources of all
24        stakeholders to support fundamental and lasting
25        improvement in this State's public schools, community
26        colleges, and universities.

 

 

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1            (C) Better align the high school curriculum with
2        postsecondary expectations.
3            (D) Better align assessments across all levels of
4        education.
5            (E) Reduce the need for students entering
6        institutions of higher education to take remedial
7        courses.
8            (F) Smooth the transition from high school to
9        college.
10            (G) Improve high school and college graduation
11        rates.
12            (H) Improve the rigor and relevance of academic
13        standards for college and workforce readiness.
14            (I) Better align college and university teaching
15        programs with the needs of Illinois schools.
16        (2) To advise the Governor, the General Assembly, the
17    State's education and higher education agencies, and the
18    State's workforce and economic development boards and
19    agencies on policies related to lifelong learning for
20    Illinois students and families.
21        (3) To articulate a framework for systemic educational
22    improvement and innovation that will enable every student
23    to meet or exceed Illinois learning standards and be
24    well-prepared to succeed in the workforce and community.
25        (4) To provide an estimated fiscal impact for
26    implementation of all Council recommendations.

 

 

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1        (5) To make recommendations for short-term and
2    long-term learning recovery actions for public school
3    students in this State in the wake of the COVID-19
4    pandemic. The Illinois P-20 Council shall submit a report
5    with its recommendations for a multi-year recovery plan by
6    December 31, 2021 to the Governor, the State Board of
7    Education, the Board of Higher Education, the Illinois
8    Community College Board, and the General Assembly that
9    addresses all of the following:
10            (A) Closing the digital divide for all students,
11        including access to devices, Internet connectivity,
12        and ensuring that educators have the necessary support
13        and training to provide high quality remote and
14        blended learning to students.
15            (B) Evaluating the academic growth and proficiency
16        of students in order to understand the impact of
17        school closures and remote and blended remote learning
18        conditions on student academic outcomes, including
19        disaggregating data by race, income, diverse learners,
20        and English learners, in ways that balance the need to
21        understand that impact with the need to support
22        student well-being and also take into consideration
23        the logistical constraints facing schools and
24        districts.
25            (C) Establishing a system for the collection and
26        review of student data at the State level, including

 

 

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1        data about prekindergarten through higher education
2        student attendance, engagement and participation,
3        discipline, and social-emotional and mental health
4        inputs and outcomes, in order to better understand the
5        full impact of disrupted learning.
6            (D) Providing students with resources and programs
7        for academic support, such as enrichment
8        opportunities, tutoring corps, summer bridge programs,
9        youth leadership and development programs, youth and
10        community-led restorative and transformative justice
11        programs, and youth internship and apprenticeship
12        programs.
13            (E) Providing students with resources and support
14        to ensure access to social-emotional learning, mental
15        health services, and trauma responsive, restorative
16        justice and anti-racist practices in order to support
17        the growth of the whole child, such as investing in
18        community schools and providing comprehensive
19        year-round services and support for both students and
20        their families.
21            (F) Ensuring more time for students' academic,
22        social-emotional, and mental health needs by
23        considering such strategies as: (i) extending planning
24        time for teachers, (ii) extending the school day and
25        school year, and (iii) transitioning to year-round
26        schooling.

 

 

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1            (G) Strengthening the transition from secondary
2        education to postsecondary education in the wake of
3        threats to alignment and affordability created by the
4        pandemic and related conditions.
5    (e) The chairperson of the Illinois P-20 Council may
6authorize the creation of working groups focusing on areas of
7interest to Illinois educational and workforce development,
8including without limitation the following areas:
9        (1) Preparation, recruitment, and certification of
10    highly qualified teachers.
11        (2) Mentoring and induction of highly qualified
12    teachers.
13        (3) The diversity of highly qualified teachers.
14        (4) Funding for highly qualified teachers, including
15    developing a strategic and collaborative plan to seek
16    federal and private grants to support initiatives
17    targeting teacher preparation and its impact on student
18    achievement.
19        (5) Highly effective administrators.
20        (6) Illinois birth through age 3 education,
21    pre-kindergarten, and early childhood education.
22        (7) The assessment, alignment, outreach, and network
23    of college and workforce readiness efforts.
24        (8) Alternative routes to college access.
25        (9) Research data and accountability.
26        (10) Community schools, community participation, and

 

 

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1    other innovative approaches to education that foster
2    community partnerships.
3        (11) Tuition, financial aid, and other issues related
4    to keeping postsecondary education affordable for Illinois
5    residents.
6        (12) Learning recovery in the wake of the COVID-19
7    pandemic.
8    The chairperson of the Illinois P-20 Council may designate
9Council members to serve as working group chairpersons.
10Working groups may invite organizations and individuals
11representing pre-kindergarten through grade 20 interests to
12participate in discussions, data collection, and
13dissemination.
14(Source: P.A. 101-654, eff. 3-8-21.)
 
15    (105 ILCS 5/26-19)
16    Sec. 26-19. Chronic absenteeism in preschool children.
17    (a) In this Section, "chronic absence" has the meaning
18ascribed to that term in Section 26-18 of this Code.
19    (b) The General Assembly makes all of the following
20findings:
21        (1) The early years are an extremely important period
22    in a child's learning and development.
23        (2) Missed learning opportunities in the early years
24    make it difficult for a child to enter kindergarten ready
25    for success.

 

 

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1        (3) Attendance patterns in the early years serve as
2    predictors of chronic absenteeism and reduced educational
3    outcomes in later school years. Therefore, it is crucial
4    that the implications of chronic absence be understood and
5    reviewed regularly under the Preschool for All Program and
6    Preschool for All Expansion Program under Section 2-3.71
7    of this Code.
8    (c) The Preschool for All Program and Preschool for All
9Expansion Program under Section 2-3.71 of this Code shall
10collect and review its chronic absence data and determine what
11support and resources are needed to positively engage
12chronically absent students and their families to encourage
13the habit of daily attendance and promote success.
14    (d) The Preschool for All Program and Preschool for All
15Expansion Program under Section 2-3.71 of this Code are
16encouraged to do all of the following:
17        (1) Provide support to students who are at risk of
18    reaching or exceeding chronic absence levels.
19        (2) Make resources available to families, such as
20    those available through the State Board of Education's
21    Family Engagement Framework, to support and encourage
22    families to ensure their children's daily program
23    attendance.
24        (3) Include information about chronic absenteeism as
25    part of their preschool to kindergarten transition
26    resources.

 

 

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1    (e) On or before July 1, 2020, and annually thereafter,
2the Preschool for All Program and Preschool for All Expansion
3Program shall report all data collected under subsection (c)
4of this Section to the State Board of Education, which shall
5make the report publicly available via the Illinois Early
6Childhood Asset Map Internet website and the Preschool for All
7Program or Preschool for All Expansion Program triennial
8report.
9    (f) This Section is repealed on July 1, 2026.
10(Source: P.A. 102-539, eff. 8-20-21.)
 
11    Section 90-35. The School Construction Law is amended by
12changing Section 5-300 as follows:
 
13    (105 ILCS 230/5-300)
14    Sec. 5-300. Early childhood construction grants.
15    (a) The Capital Development Board is authorized to make
16grants to public school districts and not-for-profit entities
17for early childhood construction projects, except that in
18fiscal year 2024 those grants may be made only to public school
19districts. These grants shall be paid out of moneys
20appropriated for that purpose from the School Construction
21Fund, the Build Illinois Bond Fund, or the Rebuild Illinois
22Projects Fund. No grants may be awarded to entities providing
23services within private residences. A public school district
24or other eligible entity must provide local matching funds in

 

 

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

 

 

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1maintenance project grants. The rules may specify:
2        (1) the manner of applying for grants;
3        (2) project eligibility requirements;
4        (3) restrictions on the use of grant moneys;
5        (4) the manner in which school districts and other
6    eligible entities must account for the use of grant
7    moneys;
8        (5) requirements that new or improved facilities be
9    used for early childhood and other related programs for a
10    period of at least 10 years; and
11        (6) any other provision that the Capital Development
12    Board determines to be necessary or useful for the
13    administration of this Section.
14    (b-5) When grants are made to non-profit corporations for
15the acquisition or construction of new facilities, the Capital
16Development Board or any State agency it so designates shall
17hold title to or place a lien on the facility for a period of
1810 years after the date of the grant award, after which title
19to the facility shall be transferred to the non-profit
20corporation or the lien shall be removed, provided that the
21non-profit corporation has complied with the terms of its
22grant agreement. When grants are made to non-profit
23corporations for the purpose of renovation or rehabilitation,
24if the non-profit corporation does not comply with item (5) of
25subsection (b) of this Section, the Capital Development Board
26or any State agency it so designates shall recover the grant

 

 

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1pursuant to the procedures outlined in the Illinois Grant
2Funds Recovery Act.
3    (c) The Capital Development Board, in consultation with
4the State Board of Education, shall establish standards for
5the determination of priority needs concerning early childhood
6projects based on projects located in communities in the State
7with the greatest underserved population of young children,
8utilizing Census data and other reliable local early childhood
9service data.
10    (d) In each school year in which early childhood
11construction project grants are awarded, 20% of the total
12amount awarded shall be awarded to a school district with a
13population of more than 500,000, provided that the school
14district complies with the requirements of this Section and
15the rules adopted under this Section.
16    (e) This Section is repealed on July 1, 2026.
17(Source: P.A. 102-16, eff. 6-17-21; 103-8, eff. 6-7-23.)
 
18    Section 90-40. The Early Childhood Access Consortium for
19Equity Act is amended by changing Sections 25 and 35 as
20follows:
 
21    (110 ILCS 28/25)
22    Sec. 25. Advisory committee; membership.
23    (a) The Board of Higher Education, the Illinois Community
24College Board, the State Board of Education, the Department of

 

 

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1Human Services, and the Department of Early Childhood
2Governor's Office of Early Childhood Development shall jointly
3convene a Consortium advisory committee to provide guidance on
4the operation of the Consortium.
5    (b) Membership on the advisory committee shall be
6comprised of employers and experts appointed by the Board of
7Higher Education, the Illinois Community College Board, the
8Department of Early Childhood, the Department of Human
9Services Governor's Office of Early Childhood Development, and
10the State Board of Education. Membership shall also include
11all of the following members:
12        (1) An employer from a community-based child care
13    provider, appointed by the Department of Human Services
14    Governor's Office of Early Childhood Development.
15        (2) An employer from a for-profit child care provider,
16    appointed by the Department of Human Services Governor's
17    Office of Early Childhood Development.
18        (3) An employer from a nonprofit child care provider,
19    appointed by the Department of Human Services Governor's
20    Office of Early Childhood Development.
21        (4) A provider of family child care, appointed by the
22    Department of Human Services Governor's Office of Early
23    Childhood Development.
24        (5) An employer located in southern Illinois,
25    appointed by the Department of Early Childhood Governor's
26    Office of Early Childhood Development.

 

 

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1        (6) An employer located in central Illinois, appointed
2    by the Department of Early Childhood Governor's Office of
3    Early Childhood Development.
4        (7) At least one member who represents an urban school
5    district, appointed by the State Board of Education.
6        (8) At least one member who represents a suburban
7    school district, appointed by the State Board of
8    Education.
9        (9) At least one member who represents a rural school
10    district, appointed by the State Board of Education.
11        (10) At least one member who represents a school
12    district in a city with a population of 500,000 or more,
13    appointed by the State Board of Education.
14        (11) Two early childhood advocates with statewide
15    expertise in early childhood workforce issues, appointed
16    by the Department of Early Childhood Governor's Office of
17    Early Childhood Development.
18        (12) The Chairperson or Vice-Chairperson and the
19    Minority Spokesperson or a designee of the Senate
20    Committee on Higher Education.
21        (13) The Chairperson or Vice-Chairperson and the
22    Minority Spokesperson or a designee of the House Committee
23    on Higher Education.
24        (14) One member representing the Illinois Community
25    College Board, who shall serve as co-chairperson,
26    appointed by the Illinois Community College Board.

 

 

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1        (15) One member representing the Board of Higher
2    Education, who shall serve as co-chairperson, appointed by
3    the Board of Higher Education.
4        (16) One member representing the Illinois Student
5    Assistance Commission, appointed by the Board of Higher
6    Education.
7        (17) One member representing the State Board of
8    Education, who shall serve as co-chairperson, appointed by
9    the State Board of Education.
10        (18) One member representing the Department of Early
11    Childhood Governor's Office of Early Childhood
12    Development, who shall serve as co-chairperson, appointed
13    by the Department of Early Childhood Governor's Office of
14    Early Childhood Development.
15        (19) One member representing the Department of Human
16    Services, who shall serve as co-chairperson, appointed by
17    the Department of Human Services Governor's Office of
18    Early Childhood Development.
19        (20) One member representing INCCRRA, appointed by the
20    Department of Early Childhood Governor's Office of Early
21    Childhood Development.
22        (21) One member representing the Department of
23    Children and Family Services, appointed by the Department
24    of Children and Family Services Governor's Office of Early
25    Childhood Development.
26        (22) One member representing an organization that

 

 

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

 

 

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1    appointed by the Illinois Community College Board.
2    (c) The advisory committee shall meet quarterly. The
3committee meetings shall be open to the public in accordance
4with the provisions of the Open Meetings Act.
5(Source: P.A. 102-174, eff. 7-28-21.)
 
6    (110 ILCS 28/35)
7    Sec. 35. Goals and metrics.
8    (a) By July 1, 2021 or within 60 days after the effective
9date of this amendatory Act of the 102nd General Assembly, the
10Board of Higher Education's Strategic Plan Educator Workforce
11subgroup on the early childhood workforce must set goals for
12the Consortium for the enrollment, persistence, and completion
13of members of the incumbent workforce in associate,
14bachelor's, and master's degree programs, Gateways Credentials
15in Level 2, 3, or 4, and Professional Educator Licensure by
16September 30, 2024. The goals set for the Consortium must be
17data informed and include targets for annual enrollment and
18persistence.
19    (b) Data from the Gateways Registry, March 2020, indicates
20that there are 7,670 individuals with an associate degree who
21would benefit from progressing to a baccalaureate degree and
2220,467 individuals with a high school diploma or some college
23who would benefit from progressing to an associate degree. If
24the goals cannot be set in accordance with subsection (a), the
25goal for the Consortium shall be that by September 30, 2024,

 

 

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120% of the individuals described in this subsection (b) who do
2not have a degree will have enrolled and be persisting toward
3or have attained a Gateways Credential in Level 2, 3, or 4 or
4an associate degree and, of the individuals who have an
5associate degree, will be enrolled and persisting toward or
6have attained a baccalaureate degree or will be persisting
7toward or have attained a Professional Educator License.
8    (c) Student financial aid, including incentives and
9stipends, data-sharing, and professional statewide engagement
10and marketing campaign and recruitment efforts are critical to
11the Consortium's ability to quickly attract and enroll
12students into these programs. Navigators, mentors, and
13advisors are critical for persistence and completion. If
14federal funds are not appropriated for these purposes and the
15other purposes of this Section, the Board of Higher Education,
16the Illinois Community College Board, the State Board of
17Education, the Department of Human Services, and the
18Department of Early Childhood Governor's Office of Early
19Childhood Development, in consultation with the advisory
20committee, shall adjust the initial target metrics
21appropriately by adopting challenging goals that may be
22attainable with less public investment.
23    (d) The Board of Higher Education, the Illinois Community
24College Board, the State Board of Education, the Department of
25Human Services, and the Department of Early Childhood
26Governor's Office of Early Childhood Development, in

 

 

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1consultation with the advisory committee, shall determine new
2metrics and goals for the Consortium as they relate to the
3remaining and future early childhood workforce, to be
4instituted after the close of the 2024-2025 academic year and
5going forward. Metrics must take into consideration that the
6pipeline depends on sustained, increased student enrollment
7and completion rates at the associate degree level if this
8State aims to continue with sustained, increased student
9enrollment and completion at the bachelor's degree level.
10(Source: P.A. 102-174, eff. 7-28-21.)
 
11    Section 90-45. The Illinois Public Aid Code is amended by
12changing Sections 2-12, 2-12.5, 9A-11, 9A-11.5, and 9A-17 as
13follows:
 
14    (305 ILCS 5/2-12)  (from Ch. 23, par. 2-12)
15    Sec. 2-12. "Illinois Department"; "Department". In this
16Code, "Illinois Department" or "Department", when a particular
17entity is not specified, means the following:
18    (1) In the case of a function performed before July 1, 1997
19(the effective date of the Department of Human Services Act),
20the term means the Department of Public Aid.
21    (2) Except as provided in paragraph (2.5), in In the case
22of a function to be performed on or after July 1, 1997 under
23Article III, IV, VI, IX, or IXA, the term means the Department
24of Human Services as successor to the Illinois Department of

 

 

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

 

 

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1    (1) In the case of a function performed before July 1, 1997
2(the effective date of the Department of Human Services Act),
3the term means the Director of Public Aid.
4    (2) Except as provided in paragraph (2.5), in In the case
5of a function to be performed on or after July 1, 1997 under
6Article III, IV, VI, IX, or IXA, the term means the Secretary
7of Human Services.
8(2.5) In the case of a function to be performed on or after
9July 1, 2026 under Sections 9A-11 and 9A-11-5, the term means
10the Secretary of Early Childhood.
11    (3) In the case of a function to be performed on or after
12July 1, 1997 under Article V, V-A, V-B, V-C, V-D, V-E, X, XIV,
13or XV, the term means the Director of Healthcare and Family
14Services (formerly Director of Public Aid).
15    (4) In the case of a function to be performed on or after
16July 1, 1997 under Article I, II, VIIIA, XI, XII, or XIII, the
17term means the Secretary of Human Services or the Director of
18Healthcare and Family Services (formerly Director of Public
19Aid) or both, according to whether that function, in the
20specific context, has been allocated to the Department of
21Human Services or the Department of Healthcare and Family
22Services (formerly Department of Public Aid) or both of those
23departments.
24(Source: P.A. 95-331, eff. 8-21-07.)
 
25    (305 ILCS 5/9A-11)  (from Ch. 23, par. 9A-11)

 

 

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1    Sec. 9A-11. Child care.
2    (a) The General Assembly recognizes that families with
3children need child care in order to work. Child care is
4expensive and families with limited access to economic
5resources, including those who are transitioning from welfare
6to work, often struggle to pay the costs of day care. The
7General Assembly understands the importance of helping working
8families with limited access to economic resources become and
9remain self-sufficient. The General Assembly also believes
10that it is the responsibility of families to share in the costs
11of child care. It is also the preference of the General
12Assembly that all working families with limited access to
13economic resources should be treated equally, regardless of
14their welfare status.
15    (b) To the extent resources permit, the Illinois
16Department shall provide child care services to parents or
17other relatives as defined by rule who are working or
18participating in employment or Department approved education
19or training programs. At a minimum, the Illinois Department
20shall cover the following categories of families:
21        (1) recipients of TANF under Article IV participating
22    in work and training activities as specified in the
23    personal plan for employment and self-sufficiency;
24        (2) families transitioning from TANF to work;
25        (3) families at risk of becoming recipients of TANF;
26        (4) families with special needs as defined by rule;

 

 

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1        (5) working families with very low incomes as defined
2    by rule;
3        (6) families that are not recipients of TANF and that
4    need child care assistance to participate in education and
5    training activities;
6        (7) youth in care, as defined in Section 4d of the
7    Children and Family Services Act, who are parents,
8    regardless of income or whether they are working or
9    participating in Department-approved employment or
10    education or training programs. Any family that receives
11    child care assistance in accordance with this paragraph
12    shall receive one additional 12-month child care
13    eligibility period after the parenting youth in care's
14    case with the Department of Children and Family Services
15    is closed, regardless of income or whether the parenting
16    youth in care is working or participating in
17    Department-approved employment or education or training
18    programs;
19        (8) families receiving Extended Family Support Program
20    services from the Department of Children and Family
21    Services, regardless of income or whether they are working
22    or participating in Department-approved employment or
23    education or training programs; and
24        (9) families with children under the age of 5 who have
25    an open intact family services case with the Department of
26    Children and Family Services. Any family that receives

 

 

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1    child care assistance in accordance with this paragraph
2    shall remain eligible for child care assistance 6 months
3    after the child's intact family services case is closed,
4    regardless of whether the child's parents or other
5    relatives as defined by rule are working or participating
6    in Department approved employment or education or training
7    programs. The Department of Early Childhood Human
8    Services, in consultation with the Department of Children
9    and Family Services, shall adopt rules to protect the
10    privacy of families who are the subject of an open intact
11    family services case when such families enroll in child
12    care services. Additional rules shall be adopted to offer
13    children who have an open intact family services case the
14    opportunity to receive an Early Intervention screening and
15    other services that their families may be eligible for as
16    provided by the Department of Human Services.
17    Beginning October 1, 2027 2023, and every October 1
18thereafter, the Department of Children and Family Services
19shall report to the General Assembly on the number of children
20who received child care via vouchers paid for by the
21Department of Early Childhood Children and Family Services
22during the preceding fiscal year. The report shall include the
23ages of children who received child care, the type of child
24care they received, and the number of months they received
25child care.
26    The Department shall specify by rule the conditions of

 

 

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1eligibility, the application process, and the types, amounts,
2and duration of services. Eligibility for child care benefits
3and the amount of child care provided may vary based on family
4size, income, and other factors as specified by rule.
5    The Department shall update the Child Care Assistance
6Program Eligibility Calculator posted on its website to
7include a question on whether a family is applying for child
8care assistance for the first time or is applying for a
9redetermination of eligibility.
10    A family's eligibility for child care services shall be
11redetermined no sooner than 12 months following the initial
12determination or most recent redetermination. During the
1312-month periods, the family shall remain eligible for child
14care services regardless of (i) a change in family income,
15unless family income exceeds 85% of State median income, or
16(ii) a temporary change in the ongoing status of the parents or
17other relatives, as defined by rule, as working or attending a
18job training or educational program.
19    In determining income eligibility for child care benefits,
20the Department annually, at the beginning of each fiscal year,
21shall establish, by rule, one income threshold for each family
22size, in relation to percentage of State median income for a
23family of that size, that makes families with incomes below
24the specified threshold eligible for assistance and families
25with incomes above the specified threshold ineligible for
26assistance. Through and including fiscal year 2007, the

 

 

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1specified threshold must be no less than 50% of the
2then-current State median income for each family size.
3Beginning in fiscal year 2008, the specified threshold must be
4no less than 185% of the then-current federal poverty level
5for each family size. Notwithstanding any other provision of
6law or administrative rule to the contrary, beginning in
7fiscal year 2019, the specified threshold for working families
8with very low incomes as defined by rule must be no less than
9185% of the then-current federal poverty level for each family
10size. Notwithstanding any other provision of law or
11administrative rule to the contrary, beginning in State fiscal
12year 2022 through State fiscal year 2023, the specified income
13threshold shall be no less than 200% of the then-current
14federal poverty level for each family size. Beginning in State
15fiscal year 2024, the specified income threshold shall be no
16less than 225% of the then-current federal poverty level for
17each family size.
18    In determining eligibility for assistance, the Department
19shall not give preference to any category of recipients or
20give preference to individuals based on their receipt of
21benefits under this Code.
22    Nothing in this Section shall be construed as conferring
23entitlement status to eligible families.
24    The Illinois Department is authorized to lower income
25eligibility ceilings, raise parent co-payments, create waiting
26lists, or take such other actions during a fiscal year as are

 

 

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1necessary to ensure that child care benefits paid under this
2Article do not exceed the amounts appropriated for those child
3care benefits. These changes may be accomplished by emergency
4rule under Section 5-45 of the Illinois Administrative
5Procedure Act, except that the limitation on the number of
6emergency rules that may be adopted in a 24-month period shall
7not apply.
8    The Illinois Department may contract with other State
9agencies or child care organizations for the administration of
10child care services.
11    (c) Payment shall be made for child care that otherwise
12meets the requirements of this Section and applicable
13standards of State and local law and regulation, including any
14requirements the Illinois Department promulgates by rule.
15Through June 30, 2026, the rules of this Section include
16licensure requirements adopted by the Department of Children
17and Family Services. On and after July 1, 2026, the rules of
18this Section include licensure requirements adopted by the
19Department of Early Childhood. In addition, the regulations of
20this Section include the in addition to the licensure
21requirements promulgated by the Department of Children and
22Family Services and Fire Prevention and Safety requirements
23promulgated by the Office of the State Fire Marshal, and is
24provided in any of the following:
25        (1) a child care center which is licensed or exempt
26    from licensure pursuant to Section 2.09 of the Child Care

 

 

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1    Act of 1969;
2        (2) a licensed child care home or home exempt from
3    licensing;
4        (3) a licensed group child care home;
5        (4) other types of child care, including child care
6    provided by relatives or persons living in the same home
7    as the child, as determined by the Illinois Department by
8    rule.
9    (c-5) Solely for the purposes of coverage under the
10Illinois Public Labor Relations Act, child and day care home
11providers, including licensed and license exempt,
12participating in the Department's child care assistance
13program shall be considered to be public employees and the
14State of Illinois shall be considered to be their employer as
15of January 1, 2006 (the effective date of Public Act 94-320),
16but not before. The State shall engage in collective
17bargaining with an exclusive representative of child and day
18care home providers participating in the child care assistance
19program concerning their terms and conditions of employment
20that are within the State's control. Nothing in this
21subsection shall be understood to limit the right of families
22receiving services defined in this Section to select child and
23day care home providers or supervise them within the limits of
24this Section. The State shall not be considered to be the
25employer of child and day care home providers for any purposes
26not specifically provided in Public Act 94-320, including, but

 

 

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1not limited to, purposes of vicarious liability in tort and
2purposes of statutory retirement or health insurance benefits.
3Child and day care home providers shall not be covered by the
4State Employees Group Insurance Act of 1971.
5    In according child and day care home providers and their
6selected representative rights under the Illinois Public Labor
7Relations Act, the State intends that the State action
8exemption to application of federal and State antitrust laws
9be fully available to the extent that their activities are
10authorized by Public Act 94-320.
11    (d) The Illinois Department shall establish, by rule, a
12co-payment scale that provides for cost sharing by families
13that receive child care services, including parents whose only
14income is from assistance under this Code. The co-payment
15shall be based on family income and family size and may be
16based on other factors as appropriate. Co-payments may be
17waived for families whose incomes are at or below the federal
18poverty level.
19    (d-5) The Illinois Department, in consultation with its
20Child Care and Development Advisory Council, shall develop a
21plan to revise the child care assistance program's co-payment
22scale. The plan shall be completed no later than February 1,
232008, and shall include:
24        (1) findings as to the percentage of income that the
25    average American family spends on child care and the
26    relative amounts that low-income families and the average

 

 

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1    American family spend on other necessities of life;
2        (2) recommendations for revising the child care
3    co-payment scale to assure that families receiving child
4    care services from the Department are paying no more than
5    they can reasonably afford;
6        (3) recommendations for revising the child care
7    co-payment scale to provide at-risk children with complete
8    access to Preschool for All and Head Start; and
9        (4) recommendations for changes in child care program
10    policies that affect the affordability of child care.
11    (e) (Blank).
12    (f) The Illinois Department shall, by rule, set rates to
13be paid for the various types of child care. Child care may be
14provided through one of the following methods:
15        (1) arranging the child care through eligible
16    providers by use of purchase of service contracts or
17    vouchers;
18        (2) arranging with other agencies and community
19    volunteer groups for non-reimbursed child care;
20        (3) (blank); or
21        (4) adopting such other arrangements as the Department
22    determines appropriate.
23    (f-1) Within 30 days after June 4, 2018 (the effective
24date of Public Act 100-587), the Department of Human Services
25shall establish rates for child care providers that are no
26less than the rates in effect on January 1, 2018 increased by

 

 

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14.26%.
2    (f-5) (Blank).
3    (g) Families eligible for assistance under this Section
4shall be given the following options:
5        (1) receiving a child care certificate issued by the
6    Department or a subcontractor of the Department that may
7    be used by the parents as payment for child care and
8    development services only; or
9        (2) if space is available, enrolling the child with a
10    child care provider that has a purchase of service
11    contract with the Department or a subcontractor of the
12    Department for the provision of child care and development
13    services. The Department may identify particular priority
14    populations for whom they may request special
15    consideration by a provider with purchase of service
16    contracts, provided that the providers shall be permitted
17    to maintain a balance of clients in terms of household
18    incomes and families and children with special needs, as
19    defined by rule.
20(Source: P.A. 102-491, eff. 8-20-21; 102-813, eff. 5-13-22;
21102-926, eff. 5-27-22; 103-8, eff. 6-7-23.)
 
22    (305 ILCS 5/9A-11.5)
23    Sec. 9A-11.5. Investigate child care providers.
24    (a) Through June 30, 2026, any Any child care provider
25receiving funds from the child care assistance program under

 

 

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1this Code who is not required to be licensed under the Child
2Care Act of 1969 shall, as a condition of eligibility to
3participate in the child care assistance program under this
4Code, authorize in writing on a form prescribed by the
5Department of Children and Family Services, periodic
6investigations of the Central Register, as defined in the
7Abused and Neglected Child Reporting Act, to ascertain if the
8child care provider has been determined to be a perpetrator in
9an indicated report of child abuse or neglect. The Department
10of Children and Family Services shall conduct an investigation
11of the Central Register at the request of the Department of
12Human Services.
13    (a-5) On and after July 1, 2026, any child care provider
14receiving funds from the child care assistance program under
15this Code who is not required to be licensed under the Child
16Care Act of 1969 shall, as a condition of eligibility to
17participate in the child care assistance program under this
18Code, authorize in writing on a form prescribed by the
19Department of Early Childhood, periodic investigations of the
20Central Register, as defined in the Abused and Neglected Child
21Reporting Act, to ascertain if the child care provider has
22been determined to be a perpetrator in an indicated report of
23child abuse or neglect.
24    (b) Any child care provider, other than a relative of the
25child, receiving funds from the child care assistance program
26under this Code who is not required to be licensed under the

 

 

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1Child Care Act of 1969 shall, as a condition of eligibility to
2participate in the child care assistance program under this
3Code, authorize in writing a State and Federal Bureau of
4Investigation fingerprint-based criminal history record check
5to determine if the child care provider has ever been
6convicted of a crime with respect to which the conviction has
7not been overturned and the criminal records have not been
8sealed or expunged. Upon this authorization, the Department
9shall request and receive information and assistance from any
10federal or State governmental agency as part of the authorized
11criminal history record check. The Illinois State Police shall
12provide information concerning any conviction that has not
13been overturned and with respect to which the criminal records
14have not been sealed or expunged, whether the conviction
15occurred before or on or after the effective date of this
16amendatory Act of the 96th General Assembly, of a child care
17provider upon the request of the Department when the request
18is made in the form and manner required by the Illinois State
19Police. The Illinois State Police shall charge a fee not to
20exceed the cost of processing the criminal history record
21check. The fee is to be deposited into the State Police
22Services Fund. Any information concerning convictions that
23have not been overturned and with respect to which the
24criminal records have not been sealed or expunged obtained by
25the Department is confidential and may not be transmitted (i)
26outside the Department except as required in this Section or

 

 

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1(ii) to anyone within the Department except as needed for the
2purposes of determining participation in the child care
3assistance program. A copy of the criminal history record
4check obtained from the Illinois State Police shall be
5provided to the unlicensed child care provider.
6    (c) The Department shall by rule set standards for
7determining when to disqualify an unlicensed child care
8provider for payment because (i) there is an indicated finding
9against the provider based on the results of the Central
10Register search or (ii) there is a disqualifying criminal
11charge pending against the provider or the provider has a
12disqualifying criminal conviction that has not been overturned
13and with respect to which the criminal records have not been
14expunged or sealed based on the results of the
15fingerprint-based Illinois State Police and Federal Bureau of
16Investigation criminal history record check. In determining
17whether to disqualify an unlicensed child care provider for
18payment under this subsection, the Department shall consider
19the nature and gravity of any offense or offenses; the time
20that has passed since the offense or offenses or the
21completion of the criminal sentence or both; and the
22relationship of the offense or offenses to the
23responsibilities of the child care provider.
24(Source: P.A. 102-538, eff. 8-20-21.)
 
25    (305 ILCS 5/9A-17)

 

 

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1    Sec. 9A-17. Smart Start Child Care Program. Subject to
2appropriation, the Department of Human Services shall
3establish the Smart Start Child Care Program. The Smart Start
4Child Care Program shall focus on creating affordable child
5care, as well as increasing access to child care, for Illinois
6residents and may include, but is not limited to, providing
7funding to increase preschool availability, providing funding
8for childcare workforce compensation or capital investments,
9and expanding funding for Early Childhood Access Consortium
10for Equity Scholarships. The Department shall establish
11program eligibility criteria, participation conditions,
12payment levels, and other program requirements by rule. The
13Department of Human Services may consult with the Capital
14Development Board, the Department of Commerce and Economic
15Opportunity, and the Illinois Housing Development Authority in
16the management and disbursement of funds for capital-related
17projects. The Capital Development Board, the Department of
18Commerce and Economic Opportunity, and the Illinois Housing
19Development Authority shall act in a consulting role only for
20the evaluation of applicants, scoring of applicants, or
21administration of the grant program.
22    This Section is repealed on July 1, 2026.
23(Source: P.A. 103-8, eff. 6-7-23.)
 
24    Section 90-50. The Early Intervention Services System Act
25is amended by adding Section 20.1 as follows:
 

 

 

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1    (325 ILCS 20/20.1 new)
2    Sec. 20.1. Repeal. This Act is repealed on July 1, 2026.
 
3    Section 90-55. The Infant/Early Childhood Mental Health
4Consultations Act is amended by changing Section 35-5 as
5follows:
 
6    (405 ILCS 47/35-5)
7    Sec. 35-5. Findings; policies.
8    (a) The General Assembly finds the following:
9        (1) Social and emotional development is a core
10    developmental domain in young children and is codified in
11    the Illinois Early Learning Standards.
12        (2) Fostering social and emotional development in
13    early childhood means both providing the supportive
14    settings and interactions to maximize healthy social and
15    emotional development for all children, as well as
16    providing communities, programs, and providers with
17    systems of tiered supports with training to respond to
18    more significant social and emotional challenges or where
19    experiences of trauma may be more prevalent.
20        (3) Early care and education programs and providers,
21    across a range of settings, have an important role to play
22    in supporting young children and families, especially
23    those who face greater challenges, such as trauma

 

 

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1    exposure, social isolation, pervasive poverty, and toxic
2    stress; if programs, teaching staff, caregivers, and
3    providers are not provided with the support, services, and
4    training needed to accomplish these goals, it can lead to
5    children and families being asked to leave programs,
6    particularly without connection to more appropriate
7    services, thereby creating a disruption in learning and
8    social-emotional development; investments in reflective
9    supervision, professional development specific to
10    diversity, equity and inclusion practice, culturally
11    responsive training, implicit bias training, and how
12    trauma experienced during the early years can manifest in
13    challenging behaviors will create systems for serving
14    children that are informed in developmentally appropriate
15    and responsive supports.
16        (4) Studies have shown that the expulsion of infants,
17    toddlers, and young children in early care and education
18    settings is occurring at alarmingly high rates, more than
19    3 times that of students in K-12; further, expulsion
20    occurs more frequently for Black children and Latinx
21    children and more frequently for boys than for girls, with
22    Black boys being most frequently expelled; there is
23    evidence to show that the expulsion of Black girls is
24    occurring with increasing frequency.
25        (5) Illinois took its first steps toward addressing
26    this disparity through Public Act 100-105 to prohibit

 

 

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1    expulsion due to child behavior in early care and
2    education settings, but further work is needed to
3    implement this law, including strengthening provider
4    understanding of a successful transition and beginning to
5    identify strategies to reduce "soft expulsions" and to
6    ensure more young children and their teachers, providers,
7    and caregivers, in a range of early care and education
8    settings, can benefit from services, such as Infant/Early
9    Childhood Mental Health Consultations (I/ECMHC) and
10    positive behavior interventions and supports such as the
11    Pyramid Model.
12        (6) I/ECMHC is a critical component needed to align
13    social-emotional well-being with the public health model
14    of promotion, prevention, and intervention across early
15    care and education systems.
16    (b) The General Assembly encourages that all of the
17following actions be taken by:
18        (1) the State to increase the availability of
19    Infant/Early Childhood Mental Health Consultations
20    (I/ECMHC) through increased funding in early childhood
21    programs and sustainable funding for coordination of
22    I/ECMHC and other social and emotional support at the
23    State level;
24        (2) the Department of Human Services (IDHS), the
25    Illinois State Board of Education (ISBE), the Governor's
26    Office of Early Childhood Development (GOECD), and other

 

 

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1    relevant agencies to develop and promote
2    provider-accessible and parent-accessible materials,
3    including native language, on the role and value of
4    I/ECMHC, including targeted promotion in underserved
5    communities, and promote the use of existing I/ECMHCs, the
6    I/ECMHC consultant database, or other existing services;
7        (3) the State to increase funding to promote and
8    provide training and implementation support for systems of
9    tiered support, such as the Pyramid Model, across early
10    childhood settings and urge DHS, ISBE, GOECD, and other
11    relevant State agencies to coordinate efforts and develop
12    strategies to provide outreach to and support providers in
13    underserved communities and communities with fewer
14    programmatic resources; and
15        (4) ISBE and DCFS to provide the data required by
16    Public Act 100-105, even if the data is incomplete at the
17    time due to data system challenges.
18    (c) This Section is repealed on July 1, 2026.
19(Source: P.A. 101-654, eff. 3-8-21.)
 
20    Section 90-60. The Children's Mental Health Act is amended
21by changing Section 5 as follows:
 
22    (405 ILCS 49/5)
23    Sec. 5. Children's Mental Health Partnership; Children's
24Mental Health Plan.

 

 

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1    (a) The Children's Mental Health Partnership (hereafter
2referred to as "the Partnership") created under Public Act
393-495 and continued under Public Act 102-899 shall advise
4State agencies on designing and implementing short-term and
5long-term strategies to provide comprehensive and coordinated
6services for children from birth to age 25 and their families
7with the goal of addressing children's mental health needs
8across a full continuum of care, including social determinants
9of health, prevention, early identification, and treatment.
10The recommended strategies shall build upon the
11recommendations in the Children's Mental Health Plan of 2022
12and may include, but are not limited to, recommendations
13regarding the following:
14        (1) Increasing public awareness on issues connected to
15    children's mental health and wellness to decrease stigma,
16    promote acceptance, and strengthen the ability of
17    children, families, and communities to access supports.
18        (2) Coordination of programs, services, and policies
19    across child-serving State agencies to best monitor and
20    assess spending, as well as foster innovation of adaptive
21    or new practices.
22        (3) Funding and resources for children's mental health
23    prevention, early identification, and treatment across
24    child-serving State agencies.
25        (4) Facilitation of research on best practices and
26    model programs and dissemination of this information to

 

 

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1    State policymakers, practitioners, and the general public.
2        (5) Monitoring programs, services, and policies
3    addressing children's mental health and wellness.
4        (6) Growing, retaining, diversifying, and supporting
5    the child-serving workforce, with special emphasis on
6    professional development around child and family mental
7    health and wellness services.
8        (7) Supporting the design, implementation, and
9    evaluation of a quality-driven children's mental health
10    system of care across all child services that prevents
11    mental health concerns and mitigates trauma.
12        (8) Improving the system to more effectively meet the
13    emergency and residential placement needs for all children
14    with severe mental and behavioral challenges.
15    (b) The Partnership shall have the responsibility of
16developing and updating the Children's Mental Health Plan and
17advising the relevant State agencies on implementation of the
18Plan. The Children's Mental Health Partnership shall be
19comprised of the following members:
20        (1) The Governor or his or her designee.
21        (2) The Attorney General or his or her designee.
22        (3) The Secretary of the Department of Human Services
23    or his or her designee.
24        (4) The State Superintendent of Education or his or
25    her designee.
26        (5) The Director of the Department of Children and

 

 

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1    Family Services or his or her designee.
2        (6) The Director of the Department of Healthcare and
3    Family Services or his or her designee.
4        (7) The Director of the Department of Public Health or
5    his or her designee.
6        (8) The Director of the Department of Juvenile Justice
7    or his or her designee.
8        (9) The Secretary of Early Childhood Executive
9    Director of the Governor's Office of Early Childhood
10    Development or his or her designee.
11        (10) The Director of the Criminal Justice Information
12    Authority or his or her designee.
13        (11) One member of the General Assembly appointed by
14    the Speaker of the House.
15        (12) One member of the General Assembly appointed by
16    the President of the Senate.
17        (13) One member of the General Assembly appointed by
18    the Minority Leader of the Senate.
19        (14) One member of the General Assembly appointed by
20    the Minority Leader of the House.
21        (15) Up to 25 representatives from the public
22    reflecting a diversity of age, gender identity, race,
23    ethnicity, socioeconomic status, and geographic location,
24    to be appointed by the Governor. Those public members
25    appointed under this paragraph must include, but are not
26    limited to:

 

 

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1            (A) a family member or individual with lived
2        experience in the children's mental health system;
3            (B) a child advocate;
4            (C) a community mental health expert,
5        practitioner, or provider;
6            (D) a representative of a statewide association
7        representing a majority of hospitals in the State;
8            (E) an early childhood expert or practitioner;
9            (F) a representative from the K-12 school system;
10            (G) a representative from the healthcare sector;
11            (H) a substance use prevention expert or
12        practitioner, or a representative of a statewide
13        association representing community-based mental health
14        substance use disorder treatment providers in the
15        State;
16            (I) a violence prevention expert or practitioner;
17            (J) a representative from the juvenile justice
18        system;
19            (K) a school social worker; and
20            (L) a representative of a statewide organization
21        representing pediatricians.
22        (16) Two co-chairs appointed by the Governor, one
23    being a representative from the public and one being a
24    representative from the State.
25    The members appointed by the Governor shall be appointed
26for 4 years with one opportunity for reappointment, except as

 

 

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1otherwise provided for in this subsection. Members who were
2appointed by the Governor and are serving on January 1, 2023
3(the effective date of Public Act 102-899) shall maintain
4their appointment until the term of their appointment has
5expired. For new appointments made pursuant to Public Act
6102-899, members shall be appointed for one-year, 2-year, or
74-year terms, as determined by the Governor, with no more than
89 of the Governor's new or existing appointees serving the
9same term. Those new appointments serving a one-year or 2-year
10term may be appointed to 2 additional 4-year terms. If a
11vacancy occurs in the Partnership membership, the vacancy
12shall be filled in the same manner as the original appointment
13for the remainder of the term.
14    The Partnership shall be convened no later than January
1531, 2023 to discuss the changes in Public Act 102-899.
16    The members of the Partnership shall serve without
17compensation but may be entitled to reimbursement for all
18necessary expenses incurred in the performance of their
19official duties as members of the Partnership from funds
20appropriated for that purpose.
21    The Partnership may convene and appoint special committees
22or study groups to operate under the direction of the
23Partnership. Persons appointed to such special committees or
24study groups shall only receive reimbursement for reasonable
25expenses.
26    (b-5) The Partnership shall include an adjunct council

 

 

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1comprised of no more than 6 youth aged 14 to 25 and 4
2representatives of 4 different community-based organizations
3that focus on youth mental health. Of the community-based
4organizations that focus on youth mental health, one of the
5community-based organizations shall be led by an
6LGBTQ-identified person, one of the community-based
7organizations shall be led by a person of color, and one of the
8community-based organizations shall be led by a woman. Of the
9representatives appointed to the council from the
10community-based organizations, at least one representative
11shall be LGBTQ-identified, at least one representative shall
12be a person of color, and at least one representative shall be
13a woman. The council members shall be appointed by the Chair of
14the Partnership and shall reflect the racial, gender identity,
15sexual orientation, ability, socioeconomic, ethnic, and
16geographic diversity of the State, including rural, suburban,
17and urban appointees. The council shall make recommendations
18to the Partnership regarding youth mental health, including,
19but not limited to, identifying barriers to youth feeling
20supported by and empowered by the system of mental health and
21treatment providers, barriers perceived by youth in accessing
22mental health services, gaps in the mental health system,
23available resources in schools, including youth's perceptions
24and experiences with outreach personnel, agency websites, and
25informational materials, methods to destigmatize mental health
26services, and how to improve State policy concerning student

 

 

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1mental health. The mental health system may include services
2for substance use disorders and addiction. The council shall
3meet at least 4 times annually.
4    (c) (Blank).
5    (d) The Illinois Children's Mental Health Partnership has
6the following powers and duties:
7        (1) Conducting research assessments to determine the
8    needs and gaps of programs, services, and policies that
9    touch children's mental health.
10        (2) Developing policy statements for interagency
11    cooperation to cover all aspects of mental health
12    delivery, including social determinants of health,
13    prevention, early identification, and treatment.
14        (3) Recommending policies and providing information on
15    effective programs for delivery of mental health services.
16        (4) Using funding from federal, State, or
17    philanthropic partners, to fund pilot programs or research
18    activities to resource innovative practices by
19    organizational partners that will address children's
20    mental health. However, the Partnership may not provide
21    direct services.
22        (5) Submitting an annual report, on or before December
23    30 of each year, to the Governor and the General Assembly
24    on the progress of the Plan, any recommendations regarding
25    State policies, laws, or rules necessary to fulfill the
26    purposes of the Act, and any additional recommendations

 

 

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1    regarding mental or behavioral health that the Partnership
2    deems necessary.
3        (6) Employing an Executive Director and setting the
4    compensation of the Executive Director and other such
5    employees and technical assistance as it deems necessary
6    to carry out its duties under this Section.
7    The Partnership may designate a fiscal and administrative
8agent that can accept funds to carry out its duties as outlined
9in this Section.
10    The Department of Healthcare and Family Services shall
11provide technical and administrative support for the
12Partnership.
13    (e) The Partnership may accept monetary gifts or grants
14from the federal government or any agency thereof, from any
15charitable foundation or professional association, or from any
16reputable source for implementation of any program necessary
17or desirable to carry out the powers and duties as defined
18under this Section.
19    (f) On or before January 1, 2027, the Partnership shall
20submit recommendations to the Governor and General Assembly
21that includes recommended updates to the Act to reflect the
22current mental health landscape in this State.
23(Source: P.A. 102-16, eff. 6-17-21; 102-116, eff. 7-23-21;
24102-899, eff. 1-1-23; 102-1034, eff. 1-1-23; 103-154, eff.
256-30-23.)
 

 

 

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1    Section 90-65. The Advisory Board for the Maternal and
2Child Health Block Grant Programs Act is amended by changing
3Section 15 as follows:
 
4    (410 ILCS 221/15)
5    Sec. 15. Advisory Board for the Maternal and Child Health
6Block Grant Programs.
7    (a) The Advisory Board for the Maternal and Child Health
8Block Grant Programs is created within the Department to
9advise the Department on programs and activities related to
10maternal and child health in the State of Illinois.
11    The Board shall consist of the Director's designee
12responsible for maternal and child health programs, who shall
13serve as the Chair of the Board; the Department's Title V
14administrator, if the Director's designee is not serving in
15the capacity of Title V Director at the Department; one
16representative each from the Department of Early Childhood,
17the Department of Children and Family Services, the Department
18of Human Services, and the Department of Healthcare and Family
19Services, appointed by the Director or Secretary of each
20Department; the Director of the University of Illinois at
21Chicago's Division of Specialized Care for Children; 4 members
22of the General Assembly, one each appointed by the President
23and Minority Leader of the Senate and the Speaker and Minority
24Leader of the House of Representatives; and 20 additional
25members appointed by the Director.

 

 

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1    Of the members appointed by the Director:
2        (1) Two shall be physicians licensed to practice
3    medicine in all of its branches who currently serve
4    patients enrolled in maternal and child health programs
5    funded by the State of Illinois, one of whom shall be an
6    individual with a specialty in obstetrics and gynecology
7    and one of whom shall be an individual with a specialty in
8    pediatric medicine;
9        (2) Sixteen shall be persons with expertise in one or
10    more of the following areas, with no more than 3 persons
11    from each listed area of expertise and with preference
12    given to the areas of need identified by the most recent
13    State needs assessment: the health of women, infants,
14    young children, school-aged children, adolescents, and
15    children with special health care needs; public health;
16    epidemiology; behavioral health; nursing; social work;
17    substance abuse prevention; juvenile justice; oral health;
18    child development; chronic disease prevention; health
19    promotion; and education; 5 of the 16 members shall
20    represent organizations that provide maternal and child
21    health services with funds from the Department; and
22        (3) either 2 consumers who have received services
23    through a Department-funded maternal and child health
24    program, 2 representatives from advocacy groups that
25    advocate on behalf of such consumers, or one such consumer
26    and one such representative of an advocacy group.

 

 

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1    Members appointed by the Director shall be selected to
2represent the racial, ethnic, and geographic diversity of the
3State's population and shall include representatives of local
4health departments, other direct service providers, and
5faculty of the University of Illinois at Chicago School of
6Public Health Center of Excellence in Maternal and Child
7Health.
8    Legislative members shall serve during their term of
9office in the General Assembly. Members appointed by the
10Director shall serve a term of 4 years or until their
11successors are appointed.
12    Any member appointed to fill a vacancy occurring prior to
13the expiration of the term for which his or her predecessor was
14appointed shall be appointed for the remainder of such term.
15Members of the Board shall serve without compensation but
16shall be reimbursed for necessary expenses incurred in the
17performance of their duties.
18    (b) The Board shall advise the Director on improving the
19well-being of mothers, fathers, infants, children, families,
20and adults, considering both physical and social determinants
21of health, and using a life-span approach to health promotion
22and disease prevention in the State of Illinois. In addition,
23the Board shall review and make recommendations to the
24Department and the Governor in regard to the system for
25maternal and child health programs, collaboration, and
26interrelation between and delivery of programs, both within

 

 

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1the Department and with related programs in other departments.
2In performing its duties, the Board may hold hearings
3throughout the State and advise and receive advice from any
4local advisory bodies created to address maternal and child
5health.
6    (c) The Board may offer recommendations and feedback
7regarding the development of the State's annual Maternal and
8Child Health Services Block Grant application and report as
9well as the periodic needs assessment.
10(Source: P.A. 99-901, eff. 8-26-16.)
 
11
ARTICLE 95. CHILD CARE ACT OF 1969 AMENDMENTS

 
12    (225 ILCS 10/2.11 rep.)
13    Section 95-5. The Child Care Act of 1969 is amended by
14repealing Section 2.11.
 
15    Section 95-10. The Child Care Act of 1969 is amended by
16changing Sections 2.09, 3, 4, 4.1, 4.3, 4.4, 4.5, 5, 5.1, 5.2,
175.8, 5.9, 5.10, 5.11, 6, 7, 7.2, 7.10, 8, 8.1, 8.2, 8.5, 9,
189.1, 9.1c, 9.2, 10, 11, 11.1, 11.2, 12, 15, 16, 17, and 18 and
19by adding Sections 3.01, 4.01, 4.2a, 4.3a, 4.4a, 5.01, 5.1a,
205.2a, 6.1, 7.01, 8a, 8.1a, 8.2a, 8.6, 9.01, 11.1a, 11.3, 12.1,
2115.1, 16.1, and 18.1 as follows:
 
22    (225 ILCS 10/2.09)  (from Ch. 23, par. 2212.09)

 

 

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1    Sec. 2.09. "Day care center" means any child care facility
2which regularly provides day care for less than 24 hours per
3day for (1) more than 8 children in a family home, or (2) more
4than 3 children in a facility other than a family home,
5including senior citizen buildings.
6    The term does not include:
7        (a) programs operated by (i) public or private
8    elementary school systems or secondary level school units
9    or institutions of higher learning that serve children who
10    shall have attained the age of 3 years or (ii) private
11    entities on the grounds of public or private elementary or
12    secondary schools and that serve children who have
13    attained the age of 3 years, except that this exception
14    applies only to the facility and not to the private
15    entities' personnel operating the program;
16        (b) programs or that portion of the program which
17    serves children who shall have attained the age of 3 years
18    and which are recognized by the State Board of Education;
19        (c) educational program or programs serving children
20    who shall have attained the age of 3 years and which are
21    operated by a school which is registered with the State
22    Board of Education and which is recognized or accredited
23    by a recognized national or multistate educational
24    organization or association which regularly recognizes or
25    accredits schools;
26        (d) programs which exclusively serve or that portion

 

 

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1    of the program which serves children with disabilities who
2    shall have attained the age of 3 years but are less than 21
3    years of age and which are registered and approved as
4    meeting standards of the State Board of Education and
5    applicable fire marshal standards;
6        (e) facilities operated in connection with a shopping
7    center or service, religious services, or other similar
8    facility, where transient children are cared for
9    temporarily while parents or custodians of the children
10    are occupied on the premises and readily available;
11        (f) any type of day care center that is conducted on
12    federal government premises;
13        (g) special activities programs, including athletics,
14    recreation, crafts instruction, and similar activities
15    conducted on an organized and periodic basis by civic,
16    charitable and governmental organizations, including, but
17    not limited to, programs offered by park districts
18    organized under the Park District Code to children who
19    shall have attained the age of 3 years old if the program
20    meets no more than 3.5 continuous hours at a time or less
21    and no more than 25 hours during any week, and the park
22    district conducts background investigations on employees
23    of the program pursuant to Section 8-23 of the Park
24    District Code;
25        (h) part day child care facilities, as defined in
26    Section 2.10 of this Act;

 

 

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1        (i) programs or that portion of the program which:
2            (1) serves children who shall have attained the
3        age of 3 years;
4            (2) is operated by churches or religious
5        institutions as described in Section 501(c)(3) of the
6        federal Internal Revenue Code;
7            (3) receives no governmental aid;
8            (4) is operated as a component of a religious,
9        nonprofit elementary school;
10            (5) operates primarily to provide religious
11        education; and
12            (6) meets appropriate State or local health and
13        fire safety standards; or
14        (j) programs or portions of programs that:
15            (1) serve only school-age children and youth
16        (defined as full-time kindergarten children, as
17        defined in 89 Ill. Adm. Code 407.45, or older);
18            (2) are organized to promote childhood learning,
19        child and youth development, educational or
20        recreational activities, or character-building;
21            (3) operate primarily during out-of-school time or
22        at times when school is not normally in session;
23            (4) comply with the standards of the Illinois
24        Department of Public Health (77 Ill. Adm. Code 750) or
25        the local health department, the Illinois State Fire
26        Marshal (41 Ill. Adm. Code 100), and the following

 

 

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1        additional health and safety requirements: procedures
2        for employee and volunteer emergency preparedness and
3        practice drills; procedures to ensure that first aid
4        kits are maintained and ready to use; the placement of
5        a minimum level of liability insurance as determined
6        by the Department; procedures for the availability of
7        a working telephone that is onsite and accessible at
8        all times; procedures to ensure that emergency phone
9        numbers are posted onsite; and a restriction on
10        handgun or weapon possession onsite, except if
11        possessed by a peace officer;
12            (5) perform and maintain authorization and results
13        of criminal history checks through the Illinois State
14        Police and FBI and checks of the Illinois Sex Offender
15        Registry, the National Sex Offender Registry, and
16        Child Abuse and Neglect Tracking System for employees
17        and volunteers who work directly with children;
18            (6) make hiring decisions in accordance with the
19        prohibitions against barrier crimes as specified in
20        Section 4.2 of this Act or in Section 21B-80 of the
21        School Code;
22            (7) provide parents with written disclosure that
23        the operations of the program are not regulated by
24        licensing requirements; and
25            (8) obtain and maintain records showing the first
26        and last name and date of birth of the child, name,

 

 

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1        address, and telephone number of each parent,
2        emergency contact information, and written
3        authorization for medical care.
4    Programs or portions of programs requesting Child Care
5Assistance Program (CCAP) funding and otherwise meeting the
6requirements under item (j) shall request exemption from the
7Department and be determined exempt prior to receiving funding
8and must annually meet the eligibility requirements and be
9appropriate for payment under the CCAP.
10    Programs or portions of programs under item (j) that do
11not receive State or federal funds must comply with staff
12qualification and training standards established by rule by
13the Department of Human Services. The Department of Human
14Services shall set such standards after review of Afterschool
15for Children and Teens Now (ACT Now) evidence-based quality
16standards developed for school-age out-of-school time
17programs, feedback from the school-age out-of-school time
18program professionals, and review of out-of-school time
19professional development frameworks and quality tools.
20    Out-of-school time programs for school-age youth that
21receive State or federal funds must comply with only those
22staff qualifications and training standards set for the
23program by the State or federal entity issuing the funds.
24    For purposes of items (a), (b), (c), (d), and (i) of this
25Section, "children who shall have attained the age of 3 years"
26shall mean children who are 3 years of age, but less than 4

 

 

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1years of age, at the time of enrollment in the program.
2(Source: P.A. 103-153, eff. 6-30-23.)
 
3    (225 ILCS 10/3)  (from Ch. 23, par. 2213)
4    Sec. 3. (a) No person, group of persons or corporation may
5operate or conduct any facility for child care, as defined in
6this Act, without a license or permit issued by the Department
7or without being approved by the Department as meeting the
8standards established for such licensing, with the exception
9of facilities for whom standards are established by the
10Department of Corrections under Section 3-15-2 of the Unified
11Code of Corrections and with the exception of facilities
12defined in Section 2.10 of this Act, and with the exception of
13programs or facilities licensed by the Department of Human
14Services under the Substance Use Disorder Act, and with the
15exception of day care centers, day care homes, and group day
16care homes.
17    (b) (Blank) No part day child care facility as described
18in Section 2.10 may operate without written notification to
19the Department or without complying with Section 7.1.
20Notification shall include a notarized statement by the
21facility that the facility complies with state or local health
22standards and state fire safety standards, and shall be filed
23with the department every 2 years.
24    (c) (Blank) The Director of the Department shall establish
25policies and coordinate activities relating to child care

 

 

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1licensing, licensing of day care homes and day care centers.
2    (d) Any facility or agency which is exempt from licensing
3may apply for licensing if licensing is required for some
4government benefit.
5    (e) (Blank) A provider of day care described in items (a)
6through (j) of Section 2.09 of this Act is exempt from
7licensure. The Department shall provide written verification
8of exemption and description of compliance with standards for
9the health, safety, and development of the children who
10receive the services upon submission by the provider of, in
11addition to any other documentation required by the
12Department, a notarized statement that the facility complies
13with: (1) the standards of the Department of Public Health or
14local health department, (2) the fire safety standards of the
15State Fire Marshal, and (3) if operated in a public school
16building, the health and safety standards of the State Board
17of Education.
18(Source: P.A. 99-699, eff. 7-29-16; 100-759, eff. 1-1-19.)
 
19    (225 ILCS 10/3.01 new)
20    Sec. 3.01. License or permit; Department of Early
21Childhood.
22    (a) No person, group of persons or corporation may operate
23or conduct any day care center, day care home, or group day
24care home without a license or permit issued by the Department
25of Early Childhood or without being approved by the Department

 

 

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1of Early Childhood meeting the standards established for such
2licensing, with the exception of facilities for whom standards
3are established by the Department of Corrections under Section
43-15-2 of the Unified Code of Corrections and with the
5exception of facilities defined in Section 2.10 of this Act,
6and with the exception of programs or facilities licensed by
7the Department of Human Services under the Substance Use
8Disorder Act.
9    (b) No part day child care facility as described in
10Section 2.10 may operate without written notification to the
11Department of Early Childhood or without complying with
12Section 7.1. Notification shall include a notarized statement
13by the facility that the facility complies with state or local
14health standards and state fire safety standards, and shall be
15filed with the Department every 2 years.
16    (c) The Secretary of Early Childhood shall establish
17policies and coordinate activities relating to licensing of
18day care centers, group day care homes, and day care homes.
19    (d) Any facility or agency which is exempt from licensing
20may apply for licensing if licensing is required for some
21government benefit.
22    (e) A provider of day care described in items (a) through
23(j) of Section 2.09 of this Act is exempt from licensure. The
24Department of Early Childhood shall provide written
25verification of exemption and description of compliance with
26standards for the health, safety, and development of the

 

 

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1children who receive the services upon submission by the
2provider of, in addition to any other documentation required
3by the Department of Early Childhood, a notarized statement
4that the facility complies with: (1) the standards of the
5Department of Public Health or local health department, (2)
6the fire safety standards of the State Fire Marshal, and (3) if
7operated in a public school building, the health and safety
8standards of the State Board of Education.
 
9    (225 ILCS 10/4)  (from Ch. 23, par. 2214)
10    Sec. 4. License requirement; application; notice;
11Department of Children and Family Services.
12    (a) Any person, group of persons or corporation who or
13which receives children or arranges for care or placement of
14one or more children unrelated to the operator must apply for a
15license to operate one of the types of facilities defined in
16Sections 2.05 through 2.19 (other than a day care center or day
17care home) and in Section 2.22 of this Act. Any relative, as
18defined in Section 2.17 of this Act, who receives a child or
19children for placement by the Department on a full-time basis
20may apply for a license to operate a foster family home as
21defined in Section 2.17 of this Act.
22    (a-5) Any agency, person, group of persons, association,
23organization, corporation, institution, center, or group
24providing adoption services must be licensed by the Department
25as a child welfare agency as defined in Section 2.08 of this

 

 

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1Act. "Providing adoption services" as used in this Act,
2includes facilitating or engaging in adoption services.
3    (b) Application for a license to operate a child care
4facility (other than a day care center, day care home, or group
5day care home) must be made to the Department in the manner and
6on forms prescribed by it. An application to operate a foster
7family home shall include, at a minimum: a completed written
8form; written authorization by the applicant and all adult
9members of the applicant's household to conduct a criminal
10background investigation; medical evidence in the form of a
11medical report, on forms prescribed by the Department, that
12the applicant and all members of the household are free from
13communicable diseases or physical and mental conditions that
14affect their ability to provide care for the child or
15children; the names and addresses of at least 3 persons not
16related to the applicant who can attest to the applicant's
17moral character; the name and address of at least one relative
18who can attest to the applicant's capability to care for the
19child or children; and fingerprints submitted by the applicant
20and all adult members of the applicant's household.
21    (b-5) Prior to submitting an application for a foster
22family home license, a quality of care concerns applicant as
23defined in Section 2.22a of this Act must submit a preliminary
24application to the Department in the manner and on forms
25prescribed by it. The Department shall explain to the quality
26of care concerns applicant the grounds for requiring a

 

 

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1preliminary application. The preliminary application shall
2include a list of (i) all children placed in the home by the
3Department who were removed by the Department for reasons
4other than returning to a parent and the circumstances under
5which they were removed and (ii) all children placed by the
6Department who were subsequently adopted by or placed in the
7private guardianship of the quality of care concerns applicant
8who are currently under 18 and who no longer reside in the home
9and the reasons why they no longer reside in the home. The
10preliminary application shall also include, if the quality of
11care concerns applicant chooses to submit, (1) a response to
12the quality of care concerns, including any reason the
13concerns are invalid, have been addressed or ameliorated, or
14no longer apply and (2) affirmative documentation
15demonstrating that the quality of care concerns applicant's
16home does not pose a risk to children and that the family will
17be able to meet the physical and emotional needs of children.
18The Department shall verify the information in the preliminary
19application and review (i) information regarding any prior
20licensing complaints, (ii) information regarding any prior
21child abuse or neglect investigations, (iii) information
22regarding any involuntary foster home holds placed on the home
23by the Department, and (iv) information regarding all child
24exit interviews, as provided in Section 5.26 of the Children
25and Family Services Act, regarding the home. Foster home
26applicants with quality of care concerns are presumed

 

 

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1unsuitable for future licensure.
2    Notwithstanding the provisions of this subsection (b-5),
3the Department may make an exception and issue a foster family
4license to a quality of care concerns applicant if the
5Department is satisfied that the foster family home does not
6pose a risk to children and that the foster family will be able
7to meet the physical and emotional needs of children. In
8making this determination, the Department must obtain and
9carefully review all relevant documents and shall obtain
10consultation from its Clinical Division as appropriate and as
11prescribed by Department rule and procedure. The Department
12has the authority to deny a preliminary application based on
13the record of quality of care concerns of the foster family
14home. In the alternative, the Department may (i) approve the
15preliminary application, (ii) approve the preliminary
16application subject to obtaining additional information or
17assessments, or (iii) approve the preliminary application for
18purposes of placing a particular child or children only in the
19foster family home. If the Department approves a preliminary
20application, the foster family shall submit an application for
21licensure as described in subsection (b) of this Section. The
22Department shall notify the quality of care concerns applicant
23of its decision and the basis for its decision in writing.
24    (c) The Department shall notify the public when a child
25care institution, maternity center, or group home licensed by
26the Department undergoes a change in (i) the range of care or

 

 

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1services offered at the facility, (ii) the age or type of
2children served, or (iii) the area within the facility used by
3children. The Department shall notify the public of the change
4in a newspaper of general circulation in the county or
5municipality in which the applicant's facility is or is
6proposed to be located.
7    (d) If, upon examination of the facility and investigation
8of persons responsible for care of children and, in the case of
9a foster home, taking into account information obtained for
10purposes of evaluating a preliminary application, if
11applicable, the Department is satisfied that the facility and
12responsible persons reasonably meet standards prescribed for
13the type of facility for which application is made, it shall
14issue a license in proper form, designating on that license
15the type of child care facility and, except for a child welfare
16agency, the number of children to be served at any one time.
17    (e) The Department shall not issue or renew the license of
18any child welfare agency providing adoption services, unless
19the agency (i) is officially recognized by the United States
20Internal Revenue Service as a tax-exempt organization
21described in Section 501(c)(3) of the Internal Revenue Code of
221986 (or any successor provision of federal tax law) and (ii)
23is in compliance with all of the standards necessary to
24maintain its status as an organization described in Section
25501(c)(3) of the Internal Revenue Code of 1986 (or any
26successor provision of federal tax law). The Department shall

 

 

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1grant a grace period of 24 months from the effective date of
2this amendatory Act of the 94th General Assembly for existing
3child welfare agencies providing adoption services to obtain
4501(c)(3) status. The Department shall permit an existing
5child welfare agency that converts from its current structure
6in order to be recognized as a 501(c)(3) organization as
7required by this Section to either retain its current license
8or transfer its current license to a newly formed entity, if
9the creation of a new entity is required in order to comply
10with this Section, provided that the child welfare agency
11demonstrates that it continues to meet all other licensing
12requirements and that the principal officers and directors and
13programs of the converted child welfare agency or newly
14organized child welfare agency are substantially the same as
15the original. The Department shall have the sole discretion to
16grant a one year extension to any agency unable to obtain
17501(c)(3) status within the timeframe specified in this
18subsection (e), provided that such agency has filed an
19application for 501(c)(3) status with the Internal Revenue
20Service within the 2-year timeframe specified in this
21subsection (e).
22(Source: P.A. 101-63, eff. 7-12-19; 102-763, eff. 1-1-23.)
 
23    (225 ILCS 10/4.01 new)
24    Sec. 4.01. License requirement; application; notice;
25Department of Early Childhood.

 

 

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1    (a) Any person, group of persons or corporation who or
2which receives children or arranges for care of one or more
3children unrelated to the operator must apply for a license to
4operate one of the types of facilities defined in Sections
52.09, 2.18, and 2.20.
6    (b) Application for a license to operate a day care
7center, day care home, or group day care home must be made to
8the Department of Early Childhood in the manner and on forms
9prescribed by it.
10    (c) If, upon examination of the facility and investigation
11of persons responsible for care of children, the Department of
12Early Childhood is satisfied that the facility and responsible
13persons reasonably meet standards prescribed for the type of
14facility for which application is made, it shall issue a
15license in proper form, designating on that license the type
16of child care facility and the number of children to be served
17at any one time.
 
18    (225 ILCS 10/4.1)  (from Ch. 23, par. 2214.1)
19    Sec. 4.1. Criminal background investigations. The
20Department of Children and Family Services or the Department
21of Early Childhood shall require that each child care facility
22license applicant under the agencies' respective authority as
23part of the application process, and each employee and
24volunteer of a child care facility or non-licensed service
25provider, as a condition of employment, authorize an

 

 

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1investigation to determine if such applicant, employee, or
2volunteer has ever been charged with a crime and if so, the
3disposition of those charges; this authorization shall
4indicate the scope of the inquiry and the agencies which may be
5contacted. Upon this authorization, the Director shall request
6and receive information and assistance from any federal, State
7or local governmental agency as part of the authorized
8investigation. Each applicant, employee, or volunteer of a
9child care facility or non-licensed service provider shall
10submit the applicant's, employee's, or volunteer's
11fingerprints to the Illinois State Police in the form and
12manner prescribed by the Illinois State Police. These
13fingerprints shall be checked against the fingerprint records
14now and hereafter filed in the Illinois State Police and
15Federal Bureau of Investigation criminal history records
16databases. The Illinois State Police shall charge a fee for
17conducting the criminal history records check, which shall be
18deposited in the State Police Services Fund and shall not
19exceed the actual cost of the records check. The Illinois
20State Police shall provide information concerning any criminal
21charges, and their disposition, now or hereafter filed,
22against an applicant, employee, or volunteer of a child care
23facility or non-licensed service provider upon request of the
24Department of Children and Family Services or the Department
25of Early Childhood when the request is made in the form and
26manner required by the Illinois State Police.

 

 

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1    Information concerning convictions of a license applicant,
2employee, or volunteer of a child care facility or
3non-licensed service provider investigated under this Section,
4including the source of the information and any conclusions or
5recommendations derived from the information, shall be
6provided, upon request, to such applicant, employee, or
7volunteer of a child care facility or non-licensed service
8provider prior to final action by the Department of Children
9and Family Services or the Department of Early Childhood under
10the agencies' respective authority on the application. State
11conviction information provided by the Illinois State Police
12regarding employees, prospective employees, or volunteers of
13non-licensed service providers and child care facilities
14licensed under this Act shall be provided to the operator of
15such facility, and, upon request, to the employee, prospective
16employee, or volunteer of a child care facility or
17non-licensed service provider. Any information concerning
18criminal charges and the disposition of such charges obtained
19by the Department of Children and Family Services or the
20Department of Early Childhood shall be confidential and may
21not be transmitted outside the Department of Children and
22Family Services or the Department of Early Childhood, except
23as required herein, and may not be transmitted to anyone
24within the Department of Children and Family Services or the
25Department of Early Childhood except as needed for the purpose
26of evaluating an application or an employee or volunteer of a

 

 

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1child care facility or non-licensed service provider. Only
2information and standards which bear a reasonable and rational
3relation to the performance of a child care facility shall be
4used by the Department of Children and Family Services or the
5Department of Early Childhood or any licensee. Any employee of
6the Department of Children and Family Services, Department of
7Early Childhood, Illinois State Police, or a child care
8facility receiving confidential information under this Section
9who gives or causes to be given any confidential information
10concerning any criminal convictions of an applicant, employee,
11or volunteer of a child care facility or non-licensed service
12provider, shall be guilty of a Class A misdemeanor unless
13release of such information is authorized by this Section.
14    A child care facility may hire, on a probationary basis,
15any employee or volunteer of a child care facility or
16non-licensed service provider authorizing a criminal
17background investigation under this Section, pending the
18result of such investigation. Employees and volunteers of a
19child care facility or non-licensed service provider shall be
20notified prior to hiring that such employment may be
21terminated on the basis of criminal background information
22obtained by the facility.
23(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23.)
 
24    (225 ILCS 10/4.2a new)
25    Sec. 4.2a. License eligibility; Department of Early

 

 

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1Childhood.
2    (a) No applicant may receive a license from the Department
3of Early Childhood and no person may be employed by a licensed
4child care facility who refuses to authorize an investigation
5as required by Section 4.1.
6    (b) In addition to the other provisions of this Section,
7no applicant may receive a license from the Department of
8Early Childhood and no person may be employed by a child care
9facility licensed by the Department of Early Childhood who has
10been declared a sexually dangerous person under the Sexually
11Dangerous Persons Act, or convicted of committing or
12attempting to commit any of the following offenses stipulated
13under the Criminal Code of 1961 or the Criminal Code of 2012:
14        (1) murder;
15        (1.1) solicitation of murder;
16        (1.2) solicitation of murder for hire;
17        (1.3) intentional homicide of an unborn child;
18        (1.4) voluntary manslaughter of an unborn child;
19        (1.5) involuntary manslaughter;
20        (1.6) reckless homicide;
21        (1.7) concealment of a homicidal death;
22        (1.8) involuntary manslaughter of an unborn child;
23        (1.9) reckless homicide of an unborn child;
24        (1.10) drug-induced homicide;
25        (2) a sex offense under Article 11, except offenses
26    described in Sections 11-7, 11-8, 11-12, 11-13, 11-35,

 

 

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1    11-40, and 11-45;
2        (3) kidnapping;
3        (3.1) aggravated unlawful restraint;
4        (3.2) forcible detention;
5        (3.3) harboring a runaway;
6        (3.4) aiding and abetting child abduction;
7        (4) aggravated kidnapping;
8        (5) child abduction;
9        (6) aggravated battery of a child as described in
10    Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
11        (7) criminal sexual assault;
12        (8) aggravated criminal sexual assault;
13        (8.1) predatory criminal sexual assault of a child;
14        (9) criminal sexual abuse;
15        (10) aggravated sexual abuse;
16        (11) heinous battery as described in Section 12-4.1 or
17    subdivision (a)(2) of Section 12-3.05;
18        (12) aggravated battery with a firearm as described in
19    Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
20    (e)(4) of Section 12-3.05;
21        (13) tampering with food, drugs, or cosmetics;
22        (14) drug induced infliction of great bodily harm as
23    described in Section 12-4.7 or subdivision (g)(1) of
24    Section 12-3.05;
25        (15) hate crime;
26        (16) stalking;

 

 

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1        (17) aggravated stalking;
2        (18) threatening public officials;
3        (19) home invasion;
4        (20) vehicular invasion;
5        (21) criminal transmission of HIV;
6        (22) criminal abuse or neglect of an elderly person or
7    person with a disability as described in Section 12-21 or
8    subsection (e) of Section 12-4.4a;
9        (23) child abandonment;
10        (24) endangering the life or health of a child;
11        (25) ritual mutilation;
12        (26) ritualized abuse of a child;
13        (27) an offense in any other jurisdiction the elements
14    of which are similar and bear a substantial relationship
15    to any of the foregoing offenses.
16    (b-1) In addition to the other provisions of this Section,
17beginning January 1, 2004, no new applicant and, on the date of
18licensure renewal, no current licensee may operate or receive
19a license from the Department of Early Childhood to operate,
20no person may be employed by, and no adult person may reside in
21a child care facility licensed by the Department of Early
22Childhood who has been convicted of committing or attempting
23to commit any of the following offenses or an offense in any
24other jurisdiction the elements of which are similar and bear
25a substantial relationship to any of the following offenses:
 

 

 

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1    (I) BODILY HARM
2        (1) Felony aggravated assault.
3        (2) Vehicular endangerment.
4        (3) Felony domestic battery.
5        (4) Aggravated battery.
6        (5) Heinous battery.
7        (6) Aggravated battery with a firearm.
8        (7) Aggravated battery of an unborn child.
9        (8) Aggravated battery of a senior citizen.
10        (9) Intimidation.
11        (10) Compelling organization membership of persons.
12        (11) Abuse and criminal neglect of a long term care
13    facility resident.
14        (12) Felony violation of an order of protection.
 
15    (II) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY
16        (1) Felony unlawful use of weapons.
17        (2) Aggravated discharge of a firearm.
18        (3) Reckless discharge of a firearm.
19        (4) Unlawful use of metal piercing bullets.
20        (5) Unlawful sale or delivery of firearms on the
21    premises of any school.
22        (6) Disarming a police officer.
23        (7) Obstructing justice.
24        (8) Concealing or aiding a fugitive.
25        (9) Armed violence.

 

 

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1        (10) Felony contributing to the criminal delinquency
2    of a juvenile.
 
3    (III) DRUG OFFENSES
4        (1) Possession of more than 30 grams of cannabis.
5        (2) Manufacture of more than 10 grams of cannabis.
6        (3) Cannabis trafficking.
7        (4) Delivery of cannabis on school grounds.
8        (5) Unauthorized production of more than 5 cannabis
9    sativa plants.
10        (6) Calculated criminal cannabis conspiracy.
11        (7) Unauthorized manufacture or delivery of controlled
12    substances.
13        (8) Controlled substance trafficking.
14        (9) Manufacture, distribution, or advertisement of
15    look-alike substances.
16        (10) Calculated criminal drug conspiracy.
17        (11) Street gang criminal drug conspiracy.
18        (12) Permitting unlawful use of a building.
19        (13) Delivery of controlled, counterfeit, or
20    look-alike substances to persons under age 18, or at truck
21    stops, rest stops, or safety rest areas, or on school
22    property.
23        (14) Using, engaging, or employing persons under 18 to
24    deliver controlled, counterfeit, or look-alike substances.
25        (15) Delivery of controlled substances.

 

 

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1        (16) Sale or delivery of drug paraphernalia.
2        (17) Felony possession, sale, or exchange of
3    instruments adapted for use of a controlled substance,
4    methamphetamine, or cannabis by subcutaneous injection.
5        (18) Felony possession of a controlled substance.
6        (19) Any violation of the Methamphetamine Control and
7    Community Protection Act.
8    (b-1.5) In addition to any other provision of this
9Section, for applicants with access to confidential financial
10information or who submit documentation to support billing,
11the Department of Early Childhood may, in its discretion, deny
12or refuse to renew a license to an applicant who has been
13convicted of committing or attempting to commit any of the
14following felony offenses:
15        (1) financial institution fraud under Section 17-10.6
16    of the Criminal Code of 1961 or the Criminal Code of 2012;
17        (2) identity theft under Section 16-30 of the Criminal
18    Code of 1961 or the Criminal Code of 2012;
19        (3) financial exploitation of an elderly person or a
20    person with a disability under Section 17-56 of the
21    Criminal Code of 1961 or the Criminal Code of 2012;
22        (4) computer tampering under Section 17-51 of the
23    Criminal Code of 1961 or the Criminal Code of 2012;
24        (5) aggravated computer tampering under Section 17-52
25    of the Criminal Code of 1961 or the Criminal Code of 2012;
26        (6) computer fraud under Section 17-50 of the Criminal

 

 

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1    Code of 1961 or the Criminal Code of 2012;
2        (7) deceptive practices under Section 17-1 of the
3    Criminal Code of 1961 or the Criminal Code of 2012;
4        (8) forgery under Section 17-3 of the Criminal Code of
5    1961 or the Criminal Code of 2012;
6        (9) State benefits fraud under Section 17-6 of the
7    Criminal Code of 1961 or the Criminal Code of 2012;
8        (10) mail fraud and wire fraud under Section 17-24 of
9    the Criminal Code of 1961 or the Criminal Code of 2012;
10        (11) theft under paragraphs (1.1) through (11) of
11    subsection (b) of Section 16-1 of the Criminal Code of
12    1961 or the Criminal Code of 2012.
13    (b-2) Notwithstanding subsection (b-1), the Department of
14Early Childhood may make an exception and, for a day care
15center, day care home, or group day care home, issue a new
16child care facility license to or renew the existing child
17care facility license of an applicant, a person employed by a
18child care facility, or an applicant who has an adult residing
19in a home child care facility who was convicted of an offense
20described in subsection (b-1), provided that all of the
21following requirements are met:
22        (1) The relevant criminal offense occurred more than 5
23    years prior to the date of application or renewal, except
24    for drug offenses. The relevant drug offense must have
25    occurred more than 10 years prior to the date of
26    application or renewal, unless the applicant passed a drug

 

 

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1    test, arranged and paid for by the child care facility, no
2    less than 5 years after the offense.
3        (2) The Department of Early Childhood must conduct a
4    background check and assess all convictions and
5    recommendations of the child care facility to determine if
6    hiring or licensing the applicant is in accordance with
7    Department of Early Childhood administrative rules and
8    procedures.
9        (3) The applicant meets all other requirements and
10    qualifications to be licensed as the pertinent type of
11    child care facility under this Act and the Department of
12    Early Childhood administrative rules.
13    (c) In evaluating the exception pursuant to subsection
14(b-2), the Department of Early Childhood must carefully review
15any relevant documents to determine whether the applicant,
16despite the disqualifying convictions, poses a substantial
17risk to State resources or clients. In making such a
18determination, the following guidelines shall be used:
19        (1) the age of the applicant when the offense was
20    committed;
21        (2) the circumstances surrounding the offense;
22        (3) the length of time since the conviction;
23        (4) the specific duties and responsibilities
24    necessarily related to the license being applied for and
25    the bearing, if any, that the applicant's conviction
26    history may have on the applicant's fitness to perform

 

 

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1    these duties and responsibilities;
2        (5) the applicant's employment references;
3        (6) the applicant's character references and any
4    certificates of achievement;
5        (7) an academic transcript showing educational
6    attainment since the disqualifying conviction;
7        (8) a Certificate of Relief from Disabilities or
8    Certificate of Good Conduct; and
9        (9) anything else that speaks to the applicant's
10    character.
 
11    (225 ILCS 10/4.3)  (from Ch. 23, par. 2214.3)
12    Sec. 4.3. Child Abuse and Neglect Reports. All child care
13facility license applicants (other than a day care center, day
14care home, or group day care home) and all current and
15prospective employees of a child care facility (other than a
16day care center, day care home, or group day care home) who
17have any possible contact with children in the course of their
18duties, as a condition of such licensure or employment, shall
19authorize in writing on a form prescribed by the Department an
20investigation of the Central Register, as defined in the
21Abused and Neglected Child Reporting Act, to ascertain if such
22applicant or employee has been determined to be a perpetrator
23in an indicated report of child abuse or neglect.
24    All child care facilities (other than a day care center,
25day care home, or group day care home) as a condition of

 

 

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1licensure pursuant to this Act shall maintain such information
2which demonstrates that all current employees and other
3applicants for employment who have any possible contact with
4children in the course of their duties have authorized an
5investigation of the Central Register as hereinabove required.
6Only those current or prospective employees who will have no
7possible contact with children as part of their present or
8prospective employment may be excluded from provisions
9requiring authorization of an investigation.
10    Such information concerning a license applicant, employee
11or prospective employee obtained by the Department shall be
12confidential and exempt from public inspection and copying as
13provided under Section 7 of The Freedom of Information Act,
14and such information shall not be transmitted outside the
15Department, except as provided in the Abused and Neglected
16Child Reporting Act, and shall not be transmitted to anyone
17within the Department except as provided in the Abused and
18Neglected Child Reporting Act, and shall not be transmitted to
19anyone within the Department except as needed for the purposes
20of evaluation of an application for licensure or for
21consideration by a child care facility of an employee. Any
22employee of the Department of Children and Family Services
23under this Section who gives or causes to be given any
24confidential information concerning any child abuse or neglect
25reports about a child care facility applicant, child care
26facility employee, shall be guilty of a Class A misdemeanor,

 

 

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1unless release of such information is authorized by Section
211.1 of the Abused and Neglected Child Reporting Act.
3    Additionally, any licensee who is informed by the
4Department of Children and Family Services, pursuant to
5Section 7.4 of the Abused and Neglected Child Reporting Act,
6approved June 26, 1975, as amended, that a formal
7investigation has commenced relating to an employee of the
8child care facility or any other person in frequent contact
9with children at the facility, shall take reasonable action
10necessary to insure that the employee or other person is
11restricted during the pendency of the investigation from
12contact with children whose care has been entrusted to the
13facility.
14    When a foster family home is the subject of an indicated
15report under the Abused and Neglected Child Reporting Act, the
16Department of Children and Family Services must immediately
17conduct a re-examination of the foster family home to evaluate
18whether it continues to meet the minimum standards for
19licensure. The re-examination is separate and apart from the
20formal investigation of the report. The Department must
21establish a schedule for re-examination of the foster family
22home mentioned in the report at least once a year.
23(Source: P.A. 91-557, eff. 1-1-00.)
 
24    (225 ILCS 10/4.3a new)
25    Sec. 4.3a. Child Abuse and Neglect Reports; Department of

 

 

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1Early Childhood. All child care facility license applicants
2and all current and prospective employees of a day care
3center, day care home, or group day care home who have any
4possible contact with children in the course of their duties,
5as a condition of such licensure or employment, shall
6authorize in writing on a form prescribed by the Department of
7Early Childhood an investigation of the Central Register, as
8defined in the Abused and Neglected Child Reporting Act, to
9ascertain if such applicant or employee has been determined to
10be a perpetrator in an indicated report of child abuse or
11neglect. All child care facilities as a condition of licensure
12pursuant to this Act shall maintain such information which
13demonstrates that all current employees and other applicants
14for employment who have any possible contact with children in
15the course of their duties have authorized an investigation of
16the Central Register as hereinabove required. Only those
17current or prospective employees who will have no possible
18contact with children as part of their present or prospective
19employment may be excluded from provisions requiring
20authorization of an investigation. Such information concerning
21a license applicant, employee or prospective employee obtained
22by the Department of Early Childhood shall be confidential and
23exempt from public inspection and copying as provided under
24Section 7 of The Freedom of Information Act, and such
25information shall not be transmitted outside the Department of
26Early Childhood, except as provided in the Abused and

 

 

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1Neglected Child Reporting Act, and shall not be transmitted to
2anyone within the Department of Early Childhood except as
3provided in the Abused and Neglected Child Reporting Act, and
4shall not be transmitted to anyone within the Department of
5Early Childhood except as needed for the purposes of
6evaluation of an application for licensure or for
7consideration by a child care facility of an employee. Any
8employee of the Department of Early Childhood under this
9Section who gives or causes to be given any confidential
10information concerning any child abuse or neglect reports
11about a child care facility applicant or child care facility
12employee shall be guilty of a Class A misdemeanor, unless
13release of such information is authorized by Section 11.1 of
14the Abused and Neglected Child Reporting Act. Additionally,
15any licensee who is informed by the Department of Children and
16Family Services, pursuant to Section 7.4 of the Abused and
17Neglected Child Reporting Act that a formal investigation has
18commenced relating to an employee of the child care facility
19or any other person in frequent contact with children at the
20facility shall take reasonable action necessary to ensure that
21the employee or other person is restricted during the pendency
22of the investigation from contact with children whose care has
23been entrusted to the facility.
 
24    (225 ILCS 10/4.4)  (from Ch. 23, par. 2214.4)
25    Sec. 4.4. This Section does not apply to any day care

 

 

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1center, day care home, or group day care home. For the purposes
2of background investigations authorized in this Act, "license
3applicant" means the operator or person with direct
4responsibility for daily operation of the facility to be
5licensed. In the case of facilities to be operated in a family
6home, the Department may, by rule, require that other adult
7residents of that home also authorize such investigations with
8the exception of day care homes and group day care homes.
9(Source: P.A. 84-158.)
 
10    (225 ILCS 10/4.4a new)
11    Sec. 4.4a. Background investigations; Department of Early
12Childhood. For the purposes of background investigations
13authorized in this Act, "license applicant" means the operator
14or person with direct responsibility for daily operation of
15the day care center, day care home, or group day care home to
16be licensed. In the case of facilities to be operated in a
17family home, as related to day care homes and group day care
18homes, the Department of Early Childhood may, by rule, require
19that other adult residents of that home also authorize such
20investigations.
 
21    (225 ILCS 10/4.5)
22    Sec. 4.5. Children with disabilities; training.
23    (a) An owner or operator of a licensed day care home or
24group day care home or the onsite executive director of a

 

 

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1licensed day care center must successfully complete a basic
2training course in providing care to children with
3disabilities. The basic training course will also be made
4available on a voluntary basis to those providers who are
5exempt from the licensure requirements of this Act.
6    (b) The Department of Early Childhood Children and Family
7Services shall promulgate rules establishing the requirements
8for basic training in providing care to children with
9disabilities.
10(Source: P.A. 92-164, eff. 1-1-02.)
 
11    (225 ILCS 10/5)  (from Ch. 23, par. 2215)
12    Sec. 5. (a) This Section does not apply to any day care
13center, day care home, or group day care home.
14    In respect to child care institutions, maternity centers,
15child welfare agencies, day care centers, day care agencies
16and group homes, the Department, upon receiving application
17filed in proper order, shall examine the facilities and
18persons responsible for care of children therein.
19    (b) In respect to foster family and day care homes,
20applications may be filed on behalf of such homes by a licensed
21child welfare agency, by a State agency authorized to place
22children in foster care or by out-of-State agencies approved
23by the Department to place children in this State. In respect
24to day care homes, applications may be filed on behalf of such
25homes by a licensed day care agency or licensed child welfare

 

 

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1agency. In applying for license in behalf of a home in which
2children are placed by and remain under supervision of the
3applicant agency, such agency shall certify that the home and
4persons responsible for care of unrelated children therein, or
5the home and relatives, as defined in Section 2.17 of this Act,
6responsible for the care of related children therein, were
7found to be in reasonable compliance with standards prescribed
8by the Department for the type of care indicated.
9    (c) The Department shall not allow any person to examine
10facilities under a provision of this Act who has not passed an
11examination demonstrating that such person is familiar with
12this Act and with the appropriate standards and regulations of
13the Department.
14    (d) Licenses With the exception of day care centers, day
15care homes, and group day care homes, licenses shall be issued
16in such form and manner as prescribed by the Department and are
17valid for 4 years from the date issued, unless revoked by the
18Department or voluntarily surrendered by the licensee.
19Licenses issued for day care centers, day care homes, and
20group day care homes shall be valid for 3 years from the date
21issued, unless revoked by the Department or voluntarily
22surrendered by the licensee. When a licensee has made timely
23and sufficient application for the renewal of a license or a
24new license with reference to any activity of a continuing
25nature, the existing license shall continue in full force and
26effect for up to 30 days until the final agency decision on the

 

 

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1application has been made. The Department may further extend
2the period in which such decision must be made in individual
3cases for up to 30 days, but such extensions shall be only upon
4good cause shown.
5    (e) The Department may issue one 6-month permit to a newly
6established facility for child care to allow that facility
7reasonable time to become eligible for a full license. If the
8facility for child care is a foster family home, or day care
9home the Department may issue one 2-month permit only.
10    (f) The Department may issue an emergency permit to a
11child care facility taking in children as a result of the
12temporary closure for more than 2 weeks of a licensed child
13care facility due to a natural disaster. An emergency permit
14under this subsection shall be issued to a facility only if the
15persons providing child care services at the facility were
16employees of the temporarily closed facility day care center
17at the time it was closed. No investigation of an employee of a
18child care facility receiving an emergency permit under this
19subsection shall be required if that employee has previously
20been investigated at another child care facility. No emergency
21permit issued under this subsection shall be valid for more
22than 90 days after the date of issuance.
23    (g) During the hours of operation of any licensed child
24care facility, authorized representatives of the Department
25may without notice visit the facility for the purpose of
26determining its continuing compliance with this Act or

 

 

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1regulations adopted pursuant thereto.
2    (h) (Blank) Day care centers, day care homes, and group
3day care homes shall be monitored at least annually by a
4licensing representative from the Department or the agency
5that recommended licensure.
6(Source: P.A. 98-804, eff. 1-1-15.)
 
7    (225 ILCS 10/5.01 new)
8    Sec. 5.01. Licenses; permits; Department of Early
9Childhood. In respect to day care centers, the Department of
10Early Childhood, upon receiving application filed in proper
11order, shall examine the facilities and persons responsible
12for care of children therein.
13    (b) In respect to day care homes, applications may be
14filed on behalf of such homes by the Department of Early
15Childhood.
16    (c) The Department of Early Childhood shall not allow any
17person to examine facilities under a provision of this Act who
18has not passed an examination demonstrating that such person
19is familiar with this Act and with the appropriate standards
20and regulations of the Department of Early Childhood.
21    (d) Licenses issued for day care centers, day care homes,
22and group day care homes shall be valid for 3 years from the
23date issued, unless revoked by the Department of Early
24Childhood or voluntarily surrendered by the licensee. When a
25licensee has made timely and sufficient application for the

 

 

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1renewal of a license or a new license with reference to any
2activity of a continuing nature, the existing license shall
3continue in full force and effect for up to 30 days until the
4final agency decision on the application has been made. The
5Department of Early Childhood may further extend the period in
6which such decision must be made in individual cases for up to
730 days, but such extensions shall be only upon good cause
8shown.
9    (e) The Department of Early Childhood may issue one
106-month permit to a newly established facility for child care
11to allow that facility reasonable time to become eligible for
12a full license. If the facility for child care is a day care
13home the Department of Early Childhood may issue one 2-month
14permit only.
15    (f) The Department of Early Childhood may issue an
16emergency permit to a day care center taking in children as a
17result of the temporary closure for more than 2 weeks of a
18licensed child care facility due to a natural disaster. An
19emergency permit under this subsection shall be issued to a
20facility only if the persons providing child care services at
21the facility were employees of the temporarily closed day care
22center at the time it was closed. No investigation of an
23employee of a child care facility receiving an emergency
24permit under this subsection shall be required if that
25employee has previously been investigated at another child
26care facility. No emergency permit issued under this

 

 

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1subsection shall be valid for more than 90 days after the date
2of issuance.
3    (g) During the hours of operation of any licensed day care
4center, day care home, or group day care home, authorized
5representatives of the Department of Early Childhood may
6without notice visit the facility for the purpose of
7determining its continuing compliance with this Act or rules
8adopted pursuant thereto.
9    (h) Day care centers, day care homes, and group day care
10homes shall be monitored at least annually by a licensing
11representative from the Department of Early Childhood that
12recommended licensure.
 
13    (225 ILCS 10/5.1)  (from Ch. 23, par. 2215.1)
14    Sec. 5.1. (a) The Department shall ensure that no day care
15center, group home or child care institution as defined in
16this Act shall on a regular basis transport a child or children
17with any motor vehicle unless such vehicle is operated by a
18person who complies with the following requirements:
19        1. is 21 years of age or older;
20        2. currently holds a valid driver's license, which has
21    not been revoked or suspended for one or more traffic
22    violations during the 3 years immediately prior to the
23    date of application;
24        3. demonstrates physical fitness to operate vehicles
25    by submitting the results of a medical examination

 

 

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1    conducted by a licensed physician;
2        4. has not been convicted of more than 2 offenses
3    against traffic regulations governing the movement of
4    vehicles within a 12-month twelve month period;
5        5. has not been convicted of reckless driving or
6    driving under the influence or manslaughter or reckless
7    homicide resulting from the operation of a motor vehicle
8    within the past 3 years;
9        6. has signed and submitted a written statement
10    certifying that the person has not, through the unlawful
11    operation of a motor vehicle, caused a crash which
12    resulted in the death of any person within the 5 years
13    immediately prior to the date of application.
14    However, such day care centers, group homes and child care
15institutions may provide for transportation of a child or
16children for special outings, functions, or purposes that are
17not scheduled on a regular basis without verification that
18drivers for such purposes meet the requirements of this
19Section.
20    (a-5) As a means of ensuring compliance with the
21requirements set forth in subsection (a), the Department shall
22implement appropriate measures to verify that every individual
23who is employed at a group home or child care institution meets
24those requirements.
25    For every person employed at a group home or child care
26institution who regularly transports children in the course of

 

 

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1performing the person's duties, the Department must make the
2verification every 2 years. Upon the Department's request, the
3Secretary of State shall provide the Department with the
4information necessary to enable the Department to make the
5verifications required under subsection (a).
6    In the case of an individual employed at a group home or
7child care institution who becomes subject to subsection (a)
8for the first time after January 1, 2007 (the effective date of
9Public Act 94-943) this amendatory Act of the 94th General
10Assembly, the Department must make that verification with the
11Secretary of State before the individual operates a motor
12vehicle to transport a child or children under the
13circumstances described in subsection (a).
14    In the case of an individual employed at a group home or
15child care institution who is subject to subsection (a) on
16January 1, 2007 (the effective date of Public Act 94-943) this
17amendatory Act of the 94th General Assembly, the Department
18must make that verification with the Secretary of State within
1930 days after January 1, 2007 that effective date.
20    If the Department discovers that an individual fails to
21meet the requirements set forth in subsection (a), the
22Department shall promptly notify the appropriate group home or
23child care institution.
24    (b) Any individual who holds a valid Illinois school bus
25driver permit issued by the Secretary of State pursuant to the
26The Illinois Vehicle Code, and who is currently employed by a

 

 

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1school district or parochial school, or by a contractor with a
2school district or parochial school, to drive a school bus
3transporting children to and from school, shall be deemed in
4compliance with the requirements of subsection (a).
5    (c) The Department may, pursuant to Section 8 of this Act,
6revoke the license of any day care center, group home or child
7care institution that fails to meet the requirements of this
8Section.
9    (d) A group home or child care institution that fails to
10meet the requirements of this Section is guilty of a petty
11offense and is subject to a fine of not more than $1,000. Each
12day that a group home or child care institution fails to meet
13the requirements of this Section is a separate offense.
14(Source: P.A. 102-982, eff. 7-1-23; 103-22, eff. 8-8-23;
15revised 9-21-23.)
 
16    (225 ILCS 10/5.1a new)
17    Sec. 5.1a. Transportation of children; day care centers.
18    The Department of Early Childhood shall ensure that no day
19care center shall on a regular basis transport a child or
20children with any motor vehicle unless such vehicle is
21operated by a person who complies with the following
22requirements:
23        (1) is 21 years of age or older;
24        (2) currently holds a valid driver's license, which
25    has not been revoked or suspended for one or more traffic

 

 

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1    violations during the 3 years immediately prior to the
2    date of application;
3        (3) demonstrates physical fitness to operate vehicles
4    by submitting the results of a medical examination
5    conducted by a licensed physician;
6        (4) has not been convicted of more than 2 offenses
7    against traffic regulations governing the movement of
8    vehicles within a 12-month period;
9        (5) has not been convicted of reckless driving or
10    driving under the influence or manslaughter or reckless
11    homicide resulting from the operation of a motor vehicle
12    within the past 3 years;
13        (6) has signed and submitted a written statement
14    certifying that the person has not, through the unlawful
15    operation of a motor vehicle, caused a crash which
16    resulted in the death of any person within the 5 years
17    immediately prior to the date of application.
18    However, such day care centers may provide for
19transportation of a child or children for special outings,
20functions or purposes that are not scheduled on a regular
21basis without verification that drivers for such purposes meet
22the requirements of this Section.
23    (b) Any individual who holds a valid Illinois school bus
24driver permit issued by the Secretary of State pursuant to the
25Illinois Vehicle Code, and who is currently employed by a
26school district or parochial school, or by a contractor with a

 

 

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1school district or parochial school, to drive a school bus
2transporting children to and from school, shall be deemed in
3compliance with the requirements of subsection (a).
4    (c) The Department of Early Childhood may, pursuant to
5Section 8a of this Act, revoke the license of any day care
6center that fails to meet the requirements of this Section.
 
7    (225 ILCS 10/5.2)
8    Sec. 5.2. Unsafe children's products; Department of
9Children and Family Services.
10    (a) A child care facility may not use or have on the
11premises, on or after July 1, 2000, an unsafe children's
12product as described in Section 15 of the Children's Product
13Safety Act. This subsection (a) does not apply to an antique or
14collectible children's product if it is not used by, or
15accessible to, any child in the child care facility.
16    (b) The Department of Children and Family Services shall
17notify child care facilities (other than a day care center,
18day care home, or group day care home), on an ongoing basis,
19including during the license application facility examination
20and during annual license monitoring visits, of the provisions
21of this Section and the Children's Product Safety Act and of
22the comprehensive list of unsafe children's products as
23provided and maintained by the Department of Public Health
24available on the Internet, as determined in accordance with
25that Act, in plain, non-technical language that will enable

 

 

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1each child care facility to effectively inspect children's
2products and identify unsafe children's products. Subject to
3availability of appropriations, the Department of Children and
4Family Services, in accordance with the requirements of this
5Section, shall establish and maintain a database on the safety
6of consumer products and other products or substances
7regulated by the Department that is: (i) publicly available;
8(ii) searchable; and (iii) accessible through the Internet
9website of the Department. Child care facilities must maintain
10all written information provided pursuant to this subsection
11in a file accessible to both facility staff and parents of
12children attending the facility. Child care facilities must
13post in prominent locations regularly visited by parents
14written notification of the existence of the comprehensive
15list of unsafe children's products available on the Internet.
16The Department of Children and Family Services shall adopt
17rules to carry out this Section.
18(Source: P.A. 103-44, eff. 1-1-24.)
 
19    (225 ILCS 10/5.2a new)
20    Sec. 5.2a. Unsafe children's products; Department of Early
21Childhood.
22    (a) A day care center, day care home, or group day care
23home may not use or have on the premises an unsafe children's
24product as described in Section 15 of the Children's Product
25Safety Act. This subsection (a) does not apply to an antique or

 

 

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1collectible children's product if it is not used by, or
2accessible to, any child in the day care center, day care home,
3or group day care home.
4    (b) The Department of Early Childhood shall notify day
5care centers, day care homes, and group day care homes, on an
6ongoing basis, including during the license application
7facility examination and during annual license monitoring
8visits, of the provisions of this Section and the Children's
9Product Safety Act and of the comprehensive list of unsafe
10children's products as provided and maintained by the
11Department of Public Health available on the Internet, as
12determined in accordance with that Act, in plain,
13non-technical language that will enable each child care
14facility to effectively inspect children's products and
15identify unsafe children's products. Subject to availability
16of appropriations, the Department of Early Childhood, in
17accordance with the requirements of this Section, shall
18establish and maintain a database on the safety of consumer
19products and other products or substances regulated by the
20Department of Early Childhood that is: (i) publicly available;
21(ii) searchable; and (iii) accessible through the Internet
22website of the Department of Early Childhood. Child care
23facilities must maintain all written information provided
24pursuant to this subsection in a file accessible to both
25facility staff and parents of children attending the facility.
26Day care centers, day care homes, and group day care homes must

 

 

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1post in prominent locations regularly visited by parents
2written notification of the existence of the comprehensive
3list of unsafe children's products available on the Internet.
4The Department of Early Childhood shall adopt rules to carry
5out this Section.
 
6    (225 ILCS 10/5.8)
7    Sec. 5.8. Radon testing of licensed day care centers,
8licensed day care homes, and licensed group day care homes.
9    (a) Licensed Effective January 1, 2013, licensed day care
10centers, licensed day care homes, and licensed group day care
11homes shall have the facility tested for radon at least once
12every 3 years pursuant to rules established by the Illinois
13Emergency Management Agency.
14    (b) As Effective January 1, 2014, as part of an initial
15application or application for renewal of a license for day
16care centers, day care homes, and group day care homes, the
17Department of Early Childhood shall require proof the facility
18has been tested within the last 3 years for radon pursuant to
19rules established by the Illinois Emergency Management Agency.
20    (c) The report of the most current radon measurement shall
21be posted in the facility next to the license issued by the
22Department of Early Childhood. Copies of the report shall be
23provided to parents or guardians upon request.
24    (d) Included with the report referenced in subsection (c)
25shall be the following statement:

 

 

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1        "Every parent or guardian is notified that this
2    facility has performed radon measurements to ensure the
3    health and safety of the occupants. The Illinois Emergency
4    Management Agency (IEMA) recommends that all residential
5    homes be tested and that corrective actions be taken at
6    levels equal to or greater than 4.0 pCi/L. Radon is a Class
7    A human carcinogen, the leading cause of lung cancer in
8    non-smokers, and the second leading cause of lung cancer
9    overall. For additional information about this facility
10    contact the licensee and for additional information
11    regarding radon contact the IEMA Radon Program at
12    800-325-1245 or on the Internet at
13    www.radon.illinois.gov.".
14(Source: P.A. 97-981, eff. 1-1-13.)
 
15    (225 ILCS 10/5.9)
16    Sec. 5.9. Lead testing of water in licensed day care
17centers, day care homes and group day care homes.
18    (a) The On or before January 1, 2018, the Department of
19Early Childhood, in consultation with the Department of Public
20Health, shall adopt rules that prescribe the procedures and
21standards to be used by the Department of Early Childhood in
22assessing levels of lead in water in licensed day care
23centers, day care homes, and group day care homes constructed
24on or before January 1, 2000 that serve children under the age
25of 6. Such rules shall, at a minimum, include provisions

 

 

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1regarding testing parameters, the notification of sampling
2results, training requirements for lead exposure and
3mitigation.
4    (b) After adoption of the rules required by subsection
5(a), and as part of an initial application or application for
6renewal of a license for day care centers, day care homes, and
7group day care homes, the Department shall require proof that
8the applicant has complied with all such rules.
9(Source: P.A. 99-922, eff. 1-17-17.)
 
10    (225 ILCS 10/5.10)
11    Sec. 5.10. Child care limitation on expulsions. Consistent
12with the purposes of Public Act 100-105 this amendatory Act of
13the 100th General Assembly and the requirements therein under
14paragraph (7) of subsection (a) of Section 2-3.71 of the
15School Code, the Department of Early Childhood, in
16consultation with the Governor's Office of Early Childhood
17Development and the State Board of Education, shall adopt
18rules prohibiting the use of expulsion due to a child's
19persistent and serious challenging behaviors in licensed day
20care centers, day care homes, and group day care homes. The
21rulemaking shall address, at a minimum, requirements for
22licensees to establish intervention and transition policies,
23notify parents of policies, document intervention steps, and
24collect and report data on children transitioning out of the
25program.

 

 

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1(Source: P.A. 100-105, eff. 1-1-18.)
 
2    (225 ILCS 10/5.11)
3    Sec. 5.11. Plan for anaphylactic shock. The Department of
4Early Childhood shall require each licensed day care center,
5day care home, and group day care home to have a plan for
6anaphylactic shock to be followed for the prevention of
7anaphylaxis and during a medical emergency resulting from
8anaphylaxis. The plan should be based on the guidance and
9recommendations provided by the American Academy of Pediatrics
10relating to the management of food allergies or other
11allergies. The plan should be shared with parents or guardians
12upon enrollment at each licensed day care center, day care
13home, and group day care home. If a child requires specific
14specialized treatment during an episode of anaphylaxis, that
15child's treatment plan should be kept by the staff of the day
16care center, day care home, or group day care home and followed
17in the event of an emergency. Each licensed day care center,
18day care home, and group day care home shall have at least one
19staff member present at all times who has taken a training
20course in recognizing and responding to anaphylaxis.
21(Source: P.A. 102-413, eff. 8-20-21.)
 
22    (225 ILCS 10/6)  (from Ch. 23, par. 2216)
23    Sec. 6. (a) A licensed facility operating as a "child care
24institution", "maternity center", or "child welfare agency",

 

 

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1"day care agency" or "day care center" must apply for renewal
2of its license held, the application to be made to the
3Department on forms prescribed by it.
4    (b) The Department, a duly licensed child welfare agency
5or a suitable agency or person designated by the Department as
6its agent to do so, must re-examine every child care facility
7for renewal of license, including in that process the
8examination of the premises and records of the facility as the
9Department considers necessary to determine that minimum
10standards for licensing continue to be met, and random surveys
11of parents or legal guardians who are consumers of such
12facilities' services to assess the quality of care at such
13facilities. In the case of foster family homes, or day care
14homes under the supervision of or otherwise required to be
15licensed by the Department, or under supervision of a licensed
16child welfare agency or day care agency, the examination shall
17be made by the Department, or agency supervising such homes.
18If the Department is satisfied that the facility continues to
19maintain minimum standards which it prescribes and publishes,
20it shall renew the license to operate the facility.
21    (b-5) In the case of a quality of care concerns applicant
22as defined in Section 2.22a of this Act, in addition to the
23examination required in subsection (b) of this Section, the
24Department shall not renew the license of a quality of care
25concerns applicant unless the Department is satisfied that the
26foster family home does not pose a risk to children and that

 

 

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1the foster family home will be able to meet the physical and
2emotional needs of children. In making this determination, the
3Department must obtain and carefully review all relevant
4documents and shall obtain consultation from its Clinical
5Division as appropriate and as prescribed by Department rule
6and procedure. The Department has the authority to deny an
7application for renewal based on a record of quality of care
8concerns. In the alternative, the Department may (i) approve
9the application for renewal subject to obtaining additional
10information or assessments, (ii) approve the application for
11renewal for purposes of placing or maintaining only a
12particular child or children only in the foster home, or (iii)
13approve the application for renewal. The Department shall
14notify the quality of care concerns applicant of its decision
15and the basis for its decision in writing.
16    (c) If a child care facility's (other than a day care
17center, day care home, or group day care home) license, other
18than a license for a foster family home, is revoked, or if the
19Department refuses to renew a facility's license, the facility
20may not reapply for a license before the expiration of 12
21months following the Department's action; provided, however,
22that the denial of a reapplication for a license pursuant to
23this subsection must be supported by evidence that the prior
24revocation renders the applicant unqualified or incapable of
25satisfying the standards and rules promulgated by the
26Department pursuant to this Act or maintaining a facility

 

 

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1which adheres to such standards and rules.
2    (d) If a foster family home license (i) is revoked, (ii) is
3surrendered for cause, or (iii) expires or is surrendered with
4either certain types of involuntary placement holds in place
5or while a licensing or child abuse or neglect investigation
6is pending, or if the Department refuses to renew a foster home
7license, the foster home may not reapply for a license before
8the expiration of 5 years following the Department's action or
9following the expiration or surrender of the license.
10(Source: P.A. 99-779, eff. 1-1-17.)
 
11    (225 ILCS 10/6.1 new)
12    Sec. 6.1. License renewal; Department of Early Childhood.
13    (a) A licensed facility operating as a day care center
14must apply for renewal of its license held, the application to
15be made to the Department of Early Childhood on forms
16prescribed by it.
17    (b) The Department of Early Childhood must re-examine
18every day care center, day care home, and group day care home
19for renewal of license, including in that process the
20examination of the premises and records of the facility as the
21Department of Early Childhood considers necessary to determine
22that minimum standards for licensing continue to be met, and
23random surveys of parents or legal guardians who are consumers
24of such facilities' services to assess the quality of care at
25such facilities. In the case of day care homes under the

 

 

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1supervision of or otherwise required to be licensed by the
2Department of Early Childhood, the examination shall be made
3by the Department of Early Childhood. If the Department of
4Early Childhood is satisfied that the facility continues to
5maintain minimum standards which it prescribes and publishes,
6it shall renew the license to operate the facility.
7    (c) If a day care center's, day care home's, or group day
8care home's license is revoked, or if the Department of Early
9Childhood refuses to renew a day care center's, day care
10home's, or group day care home's license, the facility may not
11reapply for a license before the expiration of 12 months
12following the Department of Early Childhood's action;
13provided, however, that the denial of a reapplication for a
14license pursuant to this subsection must be supported by
15evidence that the prior revocation renders the applicant
16unqualified or incapable of satisfying the standards and rules
17promulgated by the Department of Early Childhood pursuant to
18this Act or maintaining a facility which adheres to such
19standards and rules.
 
20    (225 ILCS 10/7)  (from Ch. 23, par. 2217)
21    Sec. 7. (a) The Department must prescribe and publish
22minimum standards for licensing that apply to the various
23types of facilities for child care defined in this Act (other
24than a day care center, day care home, or group day care home)
25and that are equally applicable to like institutions under the

 

 

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1control of the Department and to foster family homes used by
2and under the direct supervision of the Department. The
3Department shall seek the advice and assistance of persons
4representative of the various types of child care facilities
5in establishing such standards. The standards prescribed and
6published under this Act take effect as provided in the
7Illinois Administrative Procedure Act, and are restricted to
8regulations pertaining to the following matters and to any
9rules and regulations required or permitted by any other
10Section of this Act:
11        (1) The operation and conduct of the facility and
12    responsibility it assumes for child care;
13        (2) The character, suitability and qualifications of
14    the applicant and other persons directly responsible for
15    the care and welfare of children served. All child day
16    care center licensees and employees who are required to
17    report child abuse or neglect under the Abused and
18    Neglected Child Reporting Act shall be required to attend
19    training on recognizing child abuse and neglect, as
20    prescribed by Department rules;
21        (3) The general financial ability and competence of
22    the applicant to provide necessary care for children and
23    to maintain prescribed standards;
24        (4) The number of individuals or staff required to
25    insure adequate supervision and care of the children
26    received. The standards shall provide that each child care

 

 

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1    institution, maternity center, and day care center, group
2    home, day care home, and group day care home shall have on
3    its premises during its hours of operation at least one
4    staff member certified in first aid, in the Heimlich
5    maneuver and in cardiopulmonary resuscitation by the
6    American Red Cross or other organization approved by rule
7    of the Department. Child welfare agencies shall not be
8    subject to such a staffing requirement. The Department may
9    offer, or arrange for the offering, on a periodic basis in
10    each community in this State in cooperation with the
11    American Red Cross, the American Heart Association or
12    other appropriate organization, voluntary programs to
13    train operators of foster family homes and day care homes
14    in first aid and cardiopulmonary resuscitation;
15        (5) The appropriateness, safety, cleanliness, and
16    general adequacy of the premises, including maintenance of
17    adequate fire prevention and health standards conforming
18    to State laws and municipal codes to provide for the
19    physical comfort, care, and well-being of children
20    received;
21        (6) Provisions for food, clothing, educational
22    opportunities, program, equipment and individual supplies
23    to assure the healthy physical, mental, and spiritual
24    development of children served;
25        (7) Provisions to safeguard the legal rights of
26    children served;

 

 

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1        (8) Maintenance of records pertaining to the
2    admission, progress, health, and discharge of children,
3    including, for day care centers and day care homes,
4    records indicating each child has been immunized as
5    required by State regulations. The Department shall
6    require proof that children enrolled in a facility (other
7    than a day care center, day care home, or group day care
8    home) have been immunized against Haemophilus Influenzae B
9    (HIB);
10        (9) Filing of reports with the Department;
11        (10) Discipline of children;
12        (11) Protection and fostering of the particular
13    religious faith of the children served;
14        (12) (Blank) Provisions prohibiting firearms on day
15    care center premises except in the possession of peace
16    officers;
17        (13) (Blank) Provisions prohibiting handguns on day
18    care home premises except in the possession of peace
19    officers or other adults who must possess a handgun as a
20    condition of employment and who reside on the premises of
21    a day care home;
22        (14) (Blank) Provisions requiring that any firearm
23    permitted on day care home premises, except handguns in
24    the possession of peace officers, shall be kept in a
25    disassembled state, without ammunition, in locked storage,
26    inaccessible to children and that ammunition permitted on

 

 

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1    day care home premises shall be kept in locked storage
2    separate from that of disassembled firearms, inaccessible
3    to children;
4        (15) (Blank) Provisions requiring notification of
5    parents or guardians enrolling children at a day care home
6    of the presence in the day care home of any firearms and
7    ammunition and of the arrangements for the separate,
8    locked storage of such firearms and ammunition;
9        (16) Provisions requiring all licensed child care
10    facility employees who care for newborns and infants to
11    complete training every 3 years on the nature of sudden
12    unexpected infant death (SUID), sudden infant death
13    syndrome (SIDS), and the safe sleep recommendations of the
14    American Academy of Pediatrics (other than employees of a
15    day care center, day care home, or group day care home);
16    and
17        (17) With respect to foster family homes, provisions
18    requiring the Department to review quality of care
19    concerns and to consider those concerns in determining
20    whether a foster family home is qualified to care for
21    children.
22    By July 1, 2022, all licensed day care home providers,
23licensed group day care home providers, and licensed day care
24center directors and classroom staff shall participate in at
25least one training that includes the topics of early childhood
26social emotional learning, infant and early childhood mental

 

 

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1health, early childhood trauma, or adverse childhood
2experiences. Current licensed providers, directors, and
3classroom staff shall complete training by July 1, 2022 and
4shall participate in training that includes the above topics
5at least once every 3 years.
6    (b) If, in a facility for general child care (other than a
7day care center, day care home, or group day care home), there
8are children diagnosed as mentally ill or children diagnosed
9as having an intellectual or physical disability, who are
10determined to be in need of special mental treatment or of
11nursing care, or both mental treatment and nursing care, the
12Department shall seek the advice and recommendation of the
13Department of Human Services, the Department of Public Health,
14or both Departments regarding the residential treatment and
15nursing care provided by the institution.
16    (c) The Department shall investigate any person applying
17to be licensed as a foster parent to determine whether there is
18any evidence of current drug or alcohol abuse in the
19prospective foster family. The Department shall not license a
20person as a foster parent if drug or alcohol abuse has been
21identified in the foster family or if a reasonable suspicion
22of such abuse exists, except that the Department may grant a
23foster parent license to an applicant identified with an
24alcohol or drug problem if the applicant has successfully
25participated in an alcohol or drug treatment program,
26self-help group, or other suitable activities and if the

 

 

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1Department determines that the foster family home can provide
2a safe, appropriate environment and meet the physical and
3emotional needs of children.
4    (d) The Department, in applying standards prescribed and
5published, as herein provided, shall offer consultation
6through employed staff or other qualified persons to assist
7applicants and licensees (other than applicants and licensees
8of a day care center, day care home, or group day care home) in
9meeting and maintaining minimum requirements for a license and
10to help them otherwise to achieve programs of excellence
11related to the care of children served. Such consultation
12shall include providing information concerning education and
13training in early childhood development to providers of day
14care home services. The Department may provide or arrange for
15such education and training for those providers who request
16such assistance (other than providers at a day care center,
17day care home, or group day care home).
18    (e) The Department shall distribute copies of licensing
19standards to all licensees and applicants for a license (other
20than licensees and applicants of a day care center, day care
21home, or group day care home). Each licensee or holder of a
22permit shall distribute copies of the appropriate licensing
23standards and any other information required by the Department
24to child care facilities under its supervision. Each licensee
25or holder of a permit shall maintain appropriate documentation
26of the distribution of the standards. Such documentation shall

 

 

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1be part of the records of the facility and subject to
2inspection by authorized representatives of the Department.
3    (f) (Blank) The Department shall prepare summaries of day
4care licensing standards. Each licensee or holder of a permit
5for a day care facility shall distribute a copy of the
6appropriate summary and any other information required by the
7Department, to the legal guardian of each child cared for in
8that facility at the time when the child is enrolled or
9initially placed in the facility. The licensee or holder of a
10permit for a day care facility shall secure appropriate
11documentation of the distribution of the summary and brochure.
12Such documentation shall be a part of the records of the
13facility and subject to inspection by an authorized
14representative of the Department.
15    (g) The Department shall distribute to each licensee and
16holder of a permit copies of the licensing or permit standards
17applicable to such person's facility (other than a day care
18center, day care home, or group day care home). Each licensee
19or holder of a permit shall make available by posting at all
20times in a common or otherwise accessible area a complete and
21current set of licensing standards in order that all employees
22of the facility may have unrestricted access to such
23standards. All employees of the facility shall have reviewed
24the standards and any subsequent changes. Each licensee or
25holder of a permit shall maintain appropriate documentation of
26the current review of licensing standards by all employees.

 

 

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1Such records shall be part of the records of the facility and
2subject to inspection by authorized representatives of the
3Department.
4    (h) Any standards (other than standards of a day care
5center, day care home, or group day care home) involving
6physical examinations, immunization, or medical treatment
7shall include appropriate exemptions for children whose
8parents object thereto on the grounds that they conflict with
9the tenets and practices of a recognized church or religious
10organization, of which the parent is an adherent or member,
11and for children who should not be subjected to immunization
12for clinical reasons.
13    (i) (Blank) The Department, in cooperation with the
14Department of Public Health, shall work to increase
15immunization awareness and participation among parents of
16children enrolled in day care centers and day care homes by
17publishing on the Department's website information about the
18benefits of immunization against vaccine preventable diseases,
19including influenza and pertussis. The information for vaccine
20preventable diseases shall include the incidence and severity
21of the diseases, the availability of vaccines, and the
22importance of immunizing children and persons who frequently
23have close contact with children. The website content shall be
24reviewed annually in collaboration with the Department of
25Public Health to reflect the most current recommendations of
26the Advisory Committee on Immunization Practices (ACIP). The

 

 

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1Department shall work with day care centers and day care homes
2licensed under this Act to ensure that the information is
3annually distributed to parents in August or September.
4    (j) (Blank) Any standard adopted by the Department that
5requires an applicant for a license to operate a day care home
6to include a copy of a high school diploma or equivalent
7certificate with the person's application shall be deemed to
8be satisfied if the applicant includes a copy of a high school
9diploma or equivalent certificate or a copy of a degree from an
10accredited institution of higher education or vocational
11institution or equivalent certificate.
12(Source: P.A. 102-4, eff. 4-27-21; 103-22, eff. 8-8-23.)
 
13    (225 ILCS 10/7.01 new)
14    Sec. 7.01. Minimum standards for licensing; Department of
15Early Childhood.
16    (a) The Department of Early Childhood must prescribe and
17publish minimum standards for licensing that apply to day care
18centers, day care homes, and group day care homes. The
19Department of Early Childhood shall seek the advice and
20assistance of persons representative of day care centers, day
21care homes, and group day care homes in establishing such
22standards. The standards prescribed and published under this
23Act take effect as provided in the Illinois Administrative
24Procedure Act, and are restricted to rules pertaining to the
25following matters and to any rules required or permitted by

 

 

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1any other Section of this Act:
2        (1) The operation and conduct of the facility and
3    responsibility it assumes for child care;
4        (2) The character, suitability and qualifications of
5    the applicant and other persons directly responsible for
6    the care and welfare of children served. All child day
7    care center licensees and employees who are required to
8    report child abuse or neglect under the Abused and
9    Neglected Child Reporting Act shall be required to attend
10    training on recognizing child abuse and neglect, as
11    prescribed by Department of Early Childhood rules;
12        (3) The general financial ability and competence of
13    the applicant to provide necessary care for children and
14    to maintain prescribed standards;
15        (4) The number of individuals or staff required to
16    ensure adequate supervision and care of the children
17    received. The standards shall provide that each day care
18    center, day care home, and group day care home shall have
19    on its premises during its hours of operation at least one
20    staff member certified in first aid, in the Heimlich
21    maneuver and in cardiopulmonary resuscitation by the
22    American Red Cross or other organization approved by rule
23    of the Department of Early Childhood. The Department of
24    Early Childhood may offer, or arrange for the offering, on
25    a periodic basis in each community in this State in
26    cooperation with the American Red Cross, the American

 

 

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1    Heart Association or other appropriate organization,
2    voluntary programs to train operators of day care homes in
3    first aid and cardiopulmonary resuscitation;
4        (5) The appropriateness, safety, cleanliness, and
5    general adequacy of the premises, including maintenance of
6    adequate fire prevention and health standards conforming
7    to State laws and municipal codes to provide for the
8    physical comfort, care, and well-being of children
9    received;
10        (6) Provisions for food, clothing, educational
11    opportunities, program, equipment and individual supplies
12    to ensure the healthy physical, mental, and spiritual
13    development of children served;
14        (7) Provisions to safeguard the legal rights of
15    children served;
16        (8) Maintenance of records pertaining to the
17    admission, progress, health, and discharge of children,
18    including, for day care centers and day care homes,
19    records indicating each child has been immunized as
20    required by State regulations. The Department of Early
21    Childhood shall require proof that children enrolled in a
22    facility have been immunized against Haemophilus
23    Influenzae B (HIB);
24        (9) Filing of reports with the Department of Early
25    Childhood;
26        (10) Discipline of children;

 

 

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1        (11) Protection and fostering of the particular
2    religious faith of the children served;
3        (12) Provisions prohibiting firearms on day care
4    center premises except in the possession of peace
5    officers;
6        (13) Provisions prohibiting handguns on day care home
7    premises except in the possession of peace officers or
8    other adults who must possess a handgun as a condition of
9    employment and who reside on the premises of a day care
10    home;
11        (14) Provisions requiring that any firearm permitted
12    on day care home premises, except handguns in the
13    possession of peace officers, shall be kept in a
14    disassembled state, without ammunition, in locked storage,
15    inaccessible to children and that ammunition permitted on
16    day care home premises shall be kept in locked storage
17    separate from that of disassembled firearms, inaccessible
18    to children;
19        (15) Provisions requiring notification of parents or
20    guardians enrolling children at a day care home of the
21    presence in the day care home of any firearms and
22    ammunition and of the arrangements for the separate,
23    locked storage of such firearms and ammunition; and
24        (16) Provisions requiring all licensed child care
25    facility employees who care for newborns and infants to
26    complete training every 3 years on the nature of sudden

 

 

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1    unexpected infant death (SUID), sudden infant death
2    syndrome (SIDS), and the safe sleep recommendations of the
3    American Academy of Pediatrics.
4    All licensed day care home providers, licensed group day
5care home providers, and licensed day care center directors
6and classroom staff shall participate in at least one training
7that includes the topics of early childhood social emotional
8learning, infant and early childhood mental health, early
9childhood trauma, or adverse childhood experiences. Current
10licensed providers, directors, and classroom staff shall
11complete training and shall participate in training that
12includes the above topics at least once every 3 years.
13    (b) The Department of Early Childhood, in applying
14standards prescribed and published, as herein provided, shall
15offer consultation through employed staff or other qualified
16persons to assist applicants and licensees in meeting and
17maintaining minimum requirements for a license and to help
18them otherwise to achieve programs of excellence related to
19the care of children served. Such consultation shall include
20providing information concerning education and training in
21early childhood development to providers of day care home
22services. The Department of Early Childhood may provide or
23arrange for such education and training for those providers
24who request such assistance.
25    (c) The Department of Early Childhood shall distribute
26copies of licensing standards to all licensees and applicants

 

 

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1for a license. Each licensee or holder of a permit shall
2distribute copies of the appropriate licensing standards and
3any other information required by the Department of Early
4Childhood to child care facilities under its supervision. Each
5licensee or holder of a permit shall maintain appropriate
6documentation of the distribution of the standards. Such
7documentation shall be part of the records of the facility and
8subject to inspection by authorized representatives of the
9Department of Early Childhood.
10    (d) The Department of Early Childhood shall prepare
11summaries of day care licensing standards. Each licensee or
12holder of a permit for a day care facility shall distribute a
13copy of the appropriate summary and any other information
14required by the Department of Early Childhood, to the legal
15guardian of each child cared for in that facility at the time
16when the child is enrolled or initially placed in the
17facility. The licensee or holder of a permit for a day care
18facility shall secure appropriate documentation of the
19distribution of the summary and brochure. Such documentation
20shall be a part of the records of the facility and subject to
21inspection by an authorized representative of the Department
22of Early Childhood.
23    (e) The Department of Early Childhood shall distribute to
24each licensee and holder of a permit copies of the licensing or
25permit standards applicable to such person's facility. Each
26licensee or holder of a permit shall make available by posting

 

 

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1at all times in a common or otherwise accessible area a
2complete and current set of licensing standards in order that
3all employees of the facility may have unrestricted access to
4such standards. All employees of the facility shall have
5reviewed the standards and any subsequent changes. Each
6licensee or holder of a permit shall maintain appropriate
7documentation of the current review of licensing standards by
8all employees. Such records shall be part of the records of the
9facility and subject to inspection by authorized
10representatives of the Department of Early Childhood.
11    (f) Any standards involving physical examinations,
12immunization, or medical treatment shall include appropriate
13exemptions for children whose parents object thereto on the
14grounds that they conflict with the tenets and practices of a
15recognized church or religious organization, of which the
16parent is an adherent or member, and for children who should
17not be subjected to immunization for clinical reasons.
18    (g) The Department of Early Childhood, in cooperation with
19the Department of Public Health, shall work to increase
20immunization awareness and participation among parents of
21children enrolled in day care centers and day care homes by
22publishing on the Department of Early Childhood's website
23information about the benefits of immunization against vaccine
24preventable diseases, including influenza and pertussis. The
25information for vaccine preventable diseases shall include the
26incidence and severity of the diseases, the availability of

 

 

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1vaccines, and the importance of immunizing children and
2persons who frequently have close contact with children. The
3website content shall be reviewed annually in collaboration
4with the Department of Public Health to reflect the most
5current recommendations of the Advisory Committee on
6Immunization Practices (ACIP). The Department of Early
7Childhood shall work with day care centers and day care homes
8licensed under this Act to ensure that the information is
9annually distributed to parents in August or September.
10    (h) Any standard adopted by the Department of Early
11Childhood that requires an applicant for a license to operate
12a day care home to include a copy of a high school diploma or
13equivalent certificate with the person's application shall be
14deemed to be satisfied if the applicant includes a copy of a
15high school diploma or equivalent certificate or a copy of a
16degree from an accredited institution of higher education or
17vocational institution or equivalent certificate.
 
18    (225 ILCS 10/7.2)  (from Ch. 23, par. 2217.2)
19    Sec. 7.2. Employer discrimination.
20    (a) For purposes of this Section: ,
21    "Employer" "employer" means a licensee or holder of a
22permit subject to this Act.
23    "Employee" means an employee of such an employer.
24    (b) No employer shall discharge, demote, or suspend, or
25threaten to discharge, demote, or suspend, or in any manner

 

 

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1discriminate against any employee who:
2        (1) Makes any good faith oral or written complaint of
3    any employer's violation of any licensing or other laws
4    (including, but not limited to, laws concerning child
5    abuse or the transportation of children) which may result
6    in closure of the facility pursuant to Section 11.2 or
7    11.3 of this Act to the Department of Children and Family
8    Services or the Department of Early Childhood or other
9    agency having statutory responsibility for the enforcement
10    of such laws or to the employer or representative of the
11    employer;
12        (2) Institutes or causes to be instituted against any
13    employer any proceeding concerning the violation of any
14    licensing or other laws, including a proceeding to revoke
15    or to refuse to renew a license under Section 9 or 9.01 of
16    this Act;
17        (3) Is or will be a witness or testify in any
18    proceeding concerning the violation of any licensing or
19    other laws, including a proceeding to revoke or to refuse
20    to renew a license under Section 9 or 9.01 of this Act; or
21        (4) Refuses to perform work in violation of a
22    licensing or other law or regulation after notifying the
23    employer of the violation.
24    (c)(1) A claim by an employee alleging an employer's
25violation of subsection (b) of this Section shall be presented
26to the employer within 30 days after the date of the action

 

 

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1complained of and shall be filed with the Department of Labor
2within 60 days after the date of the action complained of.
3    (2) Upon receipt of the complaint, the Department of Labor
4shall conduct whatever investigation it deems appropriate, and
5may hold a hearing. After investigation or hearing, the
6Department of Labor shall determine whether the employer has
7violated subsection (b) of this Section and it shall notify
8the employer and the employee of its determination.
9    (3) If the Department of Labor determines that the
10employer has violated subsection (b) of this Section, and the
11employer refuses to take remedial action to comply with the
12determination, the Department of Labor shall so notify the
13Attorney General, who shall bring an action against the
14employer in the circuit court seeking enforcement of its
15determination. The court may order any appropriate relief,
16including rehiring and reinstatement of the employee to the
17person's former position with backpay and other benefits.
18    (d) Except for any grievance procedure, arbitration, or
19hearing which is available to the employee pursuant to a
20collective bargaining agreement, this Section shall be the
21exclusive remedy for an employee complaining of any action
22described in subsection (b).
23    (e) Any employer who willfully refuses to rehire, promote,
24or otherwise restore an employee or former employee who has
25been determined eligible for rehiring or promotion as a result
26of any grievance procedure, arbitration, or hearing authorized

 

 

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1by law shall be guilty of a Class A misdemeanor.
2(Source: P.A. 103-22, eff. 8-8-23; revised 9-21-23.)
 
3    (225 ILCS 10/7.10)
4    Sec. 7.10. Progress report.
5    (a) For the purposes of this Section, "child day care
6licensing" or "day care licensing" means licensing of day care
7centers, day care homes, and group day care homes.
8    (b) No later than September 30th of each year, the
9Department of Early Childhood shall provide the General
10Assembly with a comprehensive report on its progress in
11meeting performance measures and goals related to child day
12care licensing.
13    (c) The report shall include:
14        (1) details on the funding for child day care
15    licensing, including:
16            (A) the total number of full-time employees
17        working on child day care licensing;
18            (B) the names of all sources of revenue used to
19        support child day care licensing;
20            (C) the amount of expenditures that is claimed
21        against federal funding sources;
22            (D) the identity of federal funding sources; and
23            (E) how funds are appropriated, including
24        appropriations for line staff, support staff,
25        supervisory staff, and training and other expenses and

 

 

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1        the funding history of such licensing since fiscal
2        year 2010;
3        (2) current staffing qualifications of day care
4    licensing representatives and day care licensing
5    supervisors in comparison with staffing qualifications
6    specified in the job description;
7        (3) data history for fiscal year 2010 to the current
8    fiscal year on day care licensing representative caseloads
9    and staffing levels in all areas of the State;
10        (4) per the DCFS Child Day Care Licensing Advisory
11    Council's work plan, quarterly data on the following
12    measures:
13            (A) the percentage of new applications disposed of
14        within 90 days;
15            (B) the percentage of licenses renewed on time;
16            (C) the percentage of day care centers receiving
17        timely annual monitoring visits;
18            (D) the percentage of day care homes receiving
19        timely annual monitoring visits;
20            (E) the percentage of group day care homes
21        receiving timely annual monitoring visits;
22            (F) the percentage of provider requests for
23        supervisory review;
24            (G) the progress on adopting a key indicator
25        system;
26            (H) the percentage of complaints disposed of

 

 

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1        within 30 days;
2            (I) the average number of days a day care center
3        applicant must wait to attend a licensing orientation;
4            (J) the number of licensing orientation sessions
5        available per region in the past year; and
6            (K) the number of Department of Early Childhood
7        trainings related to licensing and child development
8        available to providers in the past year; and
9        (5) efforts to coordinate with the Department of Human
10    Services and the State Board of Education on professional
11    development, credentialing issues, and child developers,
12    including training registry, child developers, and Quality
13    Rating and Improvement Systems (QRIS).
14    (d) The Department of Early Childhood shall work with the
15Governor's appointed Early Learning Council on issues related
16to and concerning child day care.
17(Source: P.A. 97-1096, eff. 8-24-12; 98-839, eff. 1-1-15.)
 
18    (225 ILCS 10/8)  (from Ch. 23, par. 2218)
19    Sec. 8. The Department may revoke or refuse to renew the
20license of any child care facility (other than a day care
21center, day care home, or group day care home) or child welfare
22agency or refuse to issue full license to the holder of a
23permit should the licensee or holder of a permit:
24        (1) fail to maintain standards prescribed and
25    published by the Department;

 

 

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1        (2) violate any of the provisions of the license
2    issued;
3        (3) furnish or make any misleading or any false
4    statement or report to the Department;
5        (4) refuse to submit to the Department any reports or
6    refuse to make available to the Department any records
7    required by the Department in making investigation of the
8    facility for licensing purposes;
9        (5) fail or refuse to submit to an investigation by
10    the Department;
11        (6) fail or refuse to admit authorized representatives
12    of the Department at any reasonable time for the purpose
13    of investigation;
14        (7) fail to provide, maintain, equip and keep in safe
15    and sanitary condition premises established or used for
16    child care as required under standards prescribed by the
17    Department, or as otherwise required by any law,
18    regulation or ordinance applicable to the location of such
19    facility;
20        (8) refuse to display its license or permit;
21        (9) be the subject of an indicated report under
22    Section 3 of the Abused and Neglected Child Reporting Act
23    or fail to discharge or sever affiliation with the child
24    care facility of an employee or volunteer at the facility
25    with direct contact with children who is the subject of an
26    indicated report under Section 3 of that Act;

 

 

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1        (10) fail to comply with the provisions of Section
2    7.1;
3        (11) fail to exercise reasonable care in the hiring,
4    training and supervision of facility personnel;
5        (12) fail to report suspected abuse or neglect of
6    children within the facility, as required by the Abused
7    and Neglected Child Reporting Act;
8        (12.5) fail to comply with subsection (c-5) of Section
9    7.4;
10        (13) fail to comply with Section 5.1 or 5.2 of this
11    Act; or
12        (14) be identified in an investigation by the
13    Department as a person with a substance use disorder, as
14    defined in the Substance Use Disorder Act, or be a person
15    whom the Department knows has abused alcohol or drugs, and
16    has not successfully participated in treatment, self-help
17    groups or other suitable activities, and the Department
18    determines that because of such abuse the licensee, holder
19    of the permit, or any other person directly responsible
20    for the care and welfare of the children served, does not
21    comply with standards relating to character, suitability
22    or other qualifications established under Section 7 of
23    this Act.
24(Source: P.A. 100-759, eff. 1-1-19.)
 
25    (225 ILCS 10/8a new)

 

 

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1    Sec. 8a. Grounds for revocation or refusal to renew
2license; Department of Early Childhood. The Department of
3Early Childhood may revoke or refuse to renew the license of
4any day care center, day care home, or group day care home or
5refuse to issue full license to the holder of a permit should
6the licensee or holder of a permit:
7        (1) fail to maintain standards prescribed and
8    published by the Department of Early Childhood;
9        (2) violate any of the provisions of the license
10    issued;
11        (3) furnish or make any misleading or any false
12    statement or report to the Department of Early Childhood;
13        (4) refuse to submit Department of Early Childhood any
14    reports or refuse to make available Department of Early
15    Childhood any records required by the Department of Early
16    Childhood in making investigation of the facility for
17    licensing purposes;
18        (5) fail or refuse to submit to an investigation by
19    the Department of Early Childhood;
20        (6) fail or refuse to admit authorized representatives
21    of the Department of Early Childhood at any reasonable
22    time for the purpose of investigation;
23        (7) fail to provide, maintain, equip and keep in safe
24    and sanitary condition premises established or used for
25    child care as required under standards prescribed by the
26    Department of Early Childhood or as otherwise required by

 

 

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1    any law, regulation or ordinance applicable to the
2    location of such facility;
3        (8) refuse to display its license or permit;
4        (9) be the subject of an indicated report under
5    Section 3 of the Abused and Neglected Child Reporting Act
6    or fail to discharge or sever affiliation with the day
7    care center, day care home, or group day care home of an
8    employee or volunteer at the day care center, day care
9    home, or group day care home with direct contact with
10    children who is the subject of an indicated report under
11    Section 3 of that Act;
12        (10) fail to comply with the provisions of Section
13    7.1;
14        (11) fail to exercise reasonable care in the hiring,
15    training and supervision of facility personnel;
16        (12) fail to report suspected abuse or neglect of
17    children within the facility, as required by the Abused
18    and Neglected Child Reporting Act;
19        (12.5) fail to comply with subsection (c-5) of Section
20    7.4;
21        (13) fail to comply with Section 5.1 or 5.2 of this
22    Act; or
23        (14) be identified in an investigation by the
24    Department of Early Childhood as a person with a substance
25    use disorder, as defined in the Substance Use Disorder
26    Act, or be a person whom the Department of Early Childhood

 

 

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1    knows has abused alcohol or drugs, and has not
2    successfully participated in treatment, self-help groups
3    or other suitable activities, and the Department of Early
4    Childhood determines that because of such abuse the
5    licensee, holder of the permit, or any other person
6    directly responsible for the care and welfare of the
7    children served, does not comply with standards relating
8    to character, suitability or other qualifications
9    established under Section 7.01 of this Act.
 
10    (225 ILCS 10/8.1)  (from Ch. 23, par. 2218.1)
11    Sec. 8.1. The Department shall revoke or refuse to renew
12the license of any child care facility (other than a day care
13center, day care home, or group day care home) or refuse to
14issue a full license to the holder of a permit should the
15licensee or holder of a permit:
16    (1) fail to correct any condition which jeopardizes the
17health, safety, morals, or welfare of children served by the
18facility;
19    (2) fail to correct any condition or occurrence relating
20to the operation or maintenance of the facility comprising a
21violation under Section 8 of this Act; or
22    (3) fail to maintain financial resources adequate for the
23satisfactory care of children served in regard to upkeep of
24premises, and provisions for personal care, medical services,
25clothing, education and other essentials in the proper care,

 

 

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1rearing and training of children.
2(Source: P.A. 83-1362.)
 
3    (225 ILCS 10/8.1a new)
4    Sec. 8.1a. Other grounds for revocation or refusal to
5renew license; Department of Early Childhood. The Department
6of Early Childhood shall revoke or refuse to renew the license
7of any day care center, day care home, or group day care home
8or refuse to issue a full license to the holder of a permit
9should the licensee or holder of a permit:
10        (1) fail to correct any condition which jeopardizes
11    the health, safety, morals, or welfare of children served
12    by the facility;
13        (2) fail to correct any condition or occurrence
14    relating to the operation or maintenance of the facility
15    comprising a violation under Section 8a of this Act; or
16        (3) fail to maintain financial resources adequate for
17    the satisfactory care of children served in regard to
18    upkeep of premises, and provisions for personal care,
19    medical services, clothing, education and other essentials
20    in the proper care, rearing and training of children.
 
21    (225 ILCS 10/8.2)  (from Ch. 23, par. 2218.2)
22    Sec. 8.2. The Department may issue a conditional license
23to any child care facility (other than a day care center, day
24care home, or group day care home) which currently is licensed

 

 

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1under this Act. The conditional license shall be a
2nonrenewable license for a period of 6 months and the
3Department shall revoke any other license held by the
4conditionally licensed facility. Conditional licenses shall
5only be granted to facilities where no threat to the health,
6safety, morals or welfare of the children served exists. A
7complete listing of deficiencies and a corrective plan
8approved by the Department shall be in existence at the time a
9conditional license is issued. Failure by the facility to
10correct the deficiencies or meet all licensing standards at
11the end of the conditional license period shall result in
12immediate revocation of or refusal to renew the facility's
13license as provided in Section 8.1 of this Act.
14(Source: P.A. 85-216.)
 
15    (225 ILCS 10/8.2a new)
16    Sec. 8.2a. Conditional license; Department of Early
17Childhood. The Department of Early Childhood may issue a
18conditional license to any day care center, day care home, or
19group day care home which currently is licensed under this
20Act. The conditional license shall be a nonrenewable license
21for a period of 6 months and the Department of Early Childhood
22shall revoke any other license held by the conditionally
23licensed facility. Conditional licenses shall only be granted
24to facilities where no threat to the health, safety, morals or
25welfare of the children served exists. A complete listing of

 

 

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1deficiencies and a corrective plan approved by the Department
2of Early Childhood shall be in existence at the time a
3conditional license is issued. Failure by the facility to
4correct the deficiencies or meet all licensing standards at
5the end of the conditional license period shall result in
6immediate revocation of or refusal to renew the facility's
7license as provided in Section 8.1a of this Act.
 
8    (225 ILCS 10/8.5)
9    Sec. 8.5. Reporting suspected abuse or neglect; Department
10of Children and Family Services. The Department shall address
11through rules and procedures the failure of individual staff
12at child care facilities (other than a day care center, day
13care home, or group day care home) or child welfare agencies to
14report suspected abuse or neglect of children within the child
15care facility as required by the Abused and Neglected Child
16Reporting Act.
17    The rules and procedures shall include provisions for when
18the Department learns of the child care facility's staff's
19failure to report suspected abuse or neglect of children and
20the actions the Department will take to (i) ensure that the
21child care facility takes immediate action with the individual
22staff involved and (ii) investigate whether the failure to
23report suspected abuse and neglect was a single incident or
24part of a larger incident involving additional staff members
25who failed to report, or whether the failure to report

 

 

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1suspected abuse and neglect is a system-wide problem within
2the child care facility or child welfare agency. The rules and
3procedures shall also include the use of corrective action
4plans and the use of supervisory teams to review staff and
5facility understanding of their reporting requirements.
6    The Department shall adopt rules by July 1, 2016.
7(Source: P.A. 99-350, eff. 1-1-16.)
 
8    (225 ILCS 10/8.6 new)
9    Sec. 8.6. Reporting suspected abuse or neglect; Department
10of Early Childhood. The Department of Early Childhood shall
11address through rules and procedures the failure of individual
12staff at day care centers, day care homes, and group day care
13homes to report suspected abuse or neglect of children within
14the child care facility as required by the Abused and
15Neglected Child Reporting Act.
16    The rules and procedures shall include provisions for when
17the Department of Early Childhood learns of the child care
18facility's staff's failure to report suspected abuse or
19neglect of children and the actions the Department of Early
20Childhood will take to (i) ensure that the child care facility
21takes immediate action with the individual staff involved and
22(ii) investigate whether the failure to report suspected abuse
23and neglect was a single incident or part of a larger incident
24involving additional staff members who failed to report, or
25whether the failure to report suspected abuse and neglect is a

 

 

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1system-wide problem within the child care facility. The rules
2and procedures shall also include the use of corrective action
3plans and the use of supervisory teams to review staff and
4facility understanding of their reporting requirements.
5    The Department of Early Childhood shall adopt rules to
6administer this Section.
 
7    (225 ILCS 10/9)  (from Ch. 23, par. 2219)
8    Sec. 9. Prior to revocation or refusal to renew a license
9(other than a license of a day care center, day care home, or
10group day care home), the Department shall notify the licensee
11by registered mail with postage prepaid, at the address
12specified on the license, or at the address of the ranking or
13presiding officer of a board of directors, or any equivalent
14body conducting a child care facility, of the contemplated
15action and that the licensee may, within 10 days of such
16notification, dating from the postmark of the registered mail,
17request in writing a public hearing before the Department,
18and, at the same time, may request a written statement of
19charges from the Department.
20    (a) Upon written request by the licensee, the Department
21shall furnish such written statement of charges, and, at the
22same time, shall set the date and place for the hearing. The
23charges and notice of the hearing shall be delivered by
24registered mail with postage prepaid, and the hearing must be
25held within 30 days, dating from the date of the postmark of

 

 

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1the registered mail, except that notification must be made at
2least 15 days in advance of the date set for the hearing.
3    (b) If no request for a hearing is made within 10 days
4after notification, or if the Department determines, upon
5holding a hearing, that the license should be revoked or
6renewal denied, then the license shall be revoked or renewal
7denied.
8    (c) Upon the hearing of proceedings in which the license
9is revoked, renewal of license is refused or full license is
10denied, the Director of the Department, or any officer or
11employee duly authorized by the Director in writing, may
12administer oaths and the Department may procure, by its
13subpoena, the attendance of witnesses and the production of
14relevant books and papers.
15    (d) At the time and place designated, the Director of the
16Department or the officer or employee authorized by the
17Director in writing, shall hear the charges, and both the
18Department and the licensee shall be allowed to present in
19person or by counsel such statements, testimony and evidence
20as may be pertinent to the charges or to the defense thereto.
21The hearing officer may continue such hearing from time to
22time, but not to exceed a single period of 30 days, unless
23special extenuating circumstances make further continuance
24feasible.
25(Source: P.A. 103-22, eff. 8-8-23.)
 

 

 

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1    (225 ILCS 10/9.01 new)
2    Sec. 9.01. Revocation or refusal to renew a license;
3Department of Early Childhood. Prior to revocation or refusal
4to renew a license of a day care center, day care home, or
5group day care home, the Department of Early Childhood shall
6notify the licensee by registered mail with postage prepaid,
7at the address specified on the license, or at the address of
8the ranking or presiding officer of a board of directors, or
9any equivalent body conducting a day care center, day care
10home, or group day care home, of the contemplated action and
11that the licensee may, within 10 days of such notification,
12dating from the postmark of the registered mail, request in
13writing a public hearing before the Department of Early
14Childhood, and, at the same time, may request a written
15statement of charges from the Department of Early Childhood.
16    (a) Upon written request by the licensee, the Department
17of Early Childhood shall furnish such written statement of
18charges, and, at the same time, shall set the date and place
19for the hearing. The charges and notice of the hearing shall be
20delivered by registered mail with postage prepaid, and the
21hearing must be held within 30 days, dating from the date of
22the postmark of the registered mail, except that notification
23must be made at least 15 days in advance of the date set for
24the hearing.
25    (b) If no request for a hearing is made within 10 days
26after notification, or if the Department of Early Childhood

 

 

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1determines, upon holding a hearing, that the license should be
2revoked or renewal denied, then the license shall be revoked
3or renewal denied.
4    (c) Upon the hearing of proceedings in which the license
5is revoked, renewal of license is refused, or full license is
6denied, the Secretary of Early Childhood, or any officer or
7employee duly authorized by the Secretary in writing, may
8administer oaths and the Department of Early Childhood may
9procure, by its subpoena, the attendance of witnesses and the
10production of relevant books and papers.
11    (d) At the time and place designated, the Secretary of
12Early Childhood or the officer or employee authorized by the
13Secretary in writing shall hear the charges, and both the
14Department of Early Childhood and the licensee shall be
15allowed to present in person or by counsel such statements,
16testimony, and evidence as may be pertinent to the charges or
17to the defense thereto. The hearing officer may continue such
18hearing from time to time, but not to exceed a single period of
1930 days, unless special extenuating circumstances make further
20continuance feasible.
 
21    (225 ILCS 10/9.1)  (from Ch. 23, par. 2219.1)
22    Sec. 9.1. Before the Department of Children and Family
23Services or the Department of Early Childhood initiates a
24full-scale investigation of any complaint received regarding a
25child care facility the Department may, when appropriate,

 

 

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1provide procedures for the substantiation of the complaint.
2(Source: P.A. 87-265.)
 
3    (225 ILCS 10/9.1c)
4    Sec. 9.1c. Public database of day care homes, group day
5care homes, and day care centers; license status. The No later
6than July 1, 2018, the Department of Early Childhood shall
7establish and maintain on its official website a searchable
8database, freely accessible to the public, that provides the
9following information on each day care home, group day care
10home, and day care center licensed by the Department of Early
11Childhood: whether, within the past 5 years, the day care
12home, group day care home, or day care center has had its
13license revoked by or surrendered to the Department of
14Children and Family Services or the Department of Early
15Childhood during a child abuse or neglect investigation or its
16application for a renewal of its license was denied by the
17Department of Children and Family Services or the Department
18of Early Childhood, and, if so, the dates upon which the
19license was revoked by or surrendered to the Department of
20Children and Family Services or the Department of Early
21Childhood or the application for a renewal of the license was
22denied by the Department of Children and Family Services or
23the Department of Early Childhood. The Department of Early
24Childhood may adopt any rules necessary to implement this
25Section. Nothing in this Section shall be construed to allow

 

 

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1or authorize the Department of Early Childhood to release or
2disclose any information that is prohibited from public
3disclosure under this Act or under any other State or federal
4law.
5(Source: P.A. 100-52, eff. 1-1-18.)
 
6    (225 ILCS 10/9.2)
7    Sec. 9.2. Toll free number; day care information. The
8Department of Children and Family Services and the Department
9of Early Childhood shall establish and maintain a statewide
10toll-free telephone numbers number that all persons may use to
11inquire about the past history and record of a day care
12facility operating in this State under the jurisdiction of
13each of the Departments. The past history and record shall
14include, but shall not be limited to, Department substantiated
15complaints by each Department against a day care facility and
16Department staff findings by each Department of license
17violations by a day care facility. Information disclosed in
18accordance with this Section shall be subject to the
19confidentiality requirements provided in this Act.
20(Source: P.A. 90-671, eff. 1-1-99.)
 
21    (225 ILCS 10/10)  (from Ch. 23, par. 2220)
22    Sec. 10. Any circuit court, upon application either of the
23person requesting a hearing or of the Department of Children
24and Family Services or the Department of Early Childhood, may

 

 

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1require the attendance of witnesses and the production of
2relevant books and papers before the Department of Children
3and Family Services or the Department of Early Childhood in
4any hearing relating to the refusal or revocation of licenses.
5The refusal or neglect to obey the order of the court
6compelling the attendance or production, is punishable as in
7other cases of contempt.
8(Source: P.A. 83-334.)
 
9    (225 ILCS 10/11)  (from Ch. 23, par. 2221)
10    Sec. 11. Whenever the Department of Children and Family
11Services or the Department of Early Childhood is advised, or
12has reason to believe, that any person, group of persons or
13corporation is operating a child welfare agency or a child
14care facility without a license or permit, it shall make an
15investigation to ascertain the facts. If the Department is
16denied access, it shall request intervention of local, county
17or State law enforcement agencies to seek an appropriate court
18order or warrant to examine the premises. A person or entity
19preventing the Department of Children and Family Services or
20the Department of Early Childhood from carrying out its duties
21under this Section shall be guilty of a violation of this Act
22and shall be subject to such penalties related thereto. If the
23Department of Children and Family Services or the Department
24of Early Childhood it finds that the child welfare agency or
25child care facility is being, or has been operated without a

 

 

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1license or permit, it shall report the results of its
2investigation to the Attorney General, and to the appropriate
3State's Attorney for investigation and, if appropriate,
4prosecution.
5    Operating a child welfare agency or child care facility
6without a license constitutes a Class A misdemeanor, followed
7by a business offense, if the operator continues to operate
8the facility and no effort is made to obtain a license. The
9business offense fine shall not exceed $10,000 and each day of
10a violation is a separate offense.
11(Source: P.A. 94-586, eff. 8-15-05.)
 
12    (225 ILCS 10/11.1)  (from Ch. 23, par. 2221.1)
13    Sec. 11.1. Referrals to law enforcement.
14    (a) If the Department of Children and Family Services or
15the Department of Early Childhood has reasonable cause to
16believe that any person, group of persons, corporation,
17agency, association, organization, institution, center, or
18group is engaged or about to engage in any acts or practices
19that constitute or will constitute a violation of this Act,
20the Department shall inform the Attorney General or the
21State's Attorney of the appropriate county, who may initiate
22the appropriate civil or criminal proceedings. Upon a proper
23showing, any circuit court may enter a permanent or
24preliminary injunction or temporary restraining order without
25bond to enforce this Act or any rule or regulation prescribed

 

 

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1thereunder in addition to the penalties and other remedies
2provided in this Act.
3    (b) If the Department has reasonable cause to believe that
4any person, group of persons, corporation, agency,
5association, organization, institution, center, or group is
6engaged or is about to engage in any act or practice that
7constitutes or may constitute a violation of any rule adopted
8under the authority of this Act, the Department may inform the
9Attorney General or the State's Attorney of the appropriate
10county, who may initiate the appropriate civil or criminal
11proceedings. Upon a proper showing, any circuit court may
12enter a permanent or preliminary injunction or temporary
13restraining order without bond to enforce this Act or any rule
14prescribed under this Act, in addition to the penalties and
15other remedies provided in this Act.
16(Source: P.A. 94-586, eff. 8-15-05.)
 
17    (225 ILCS 10/11.1a new)
18    Sec. 11.1a. Referrals to law enforcement; Department of
19Early Childhood.
20    (a) If the Department of Early Childhood has reasonable
21cause to believe that any person, group of persons,
22corporation, agency, association, organization, institution,
23center, or group is engaged or about to engage in any acts or
24practices that constitute or will constitute a violation of
25this Act, the Department of Early Childhood shall inform the

 

 

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1Attorney General or the State's Attorney of the appropriate
2county, who may initiate the appropriate civil or criminal
3proceedings. Upon a proper showing, any circuit court may
4enter a permanent or preliminary injunction or temporary
5restraining order without bond to enforce this Act or any rule
6or regulation prescribed thereunder in addition to the
7penalties and other remedies provided in this Act.
8    (b) If the Department of Early Childhood has reasonable
9cause to believe that any person, group of persons,
10corporation, agency, association, organization, institution,
11center, or group is engaged or is about to engage in any act or
12practice that constitutes or may constitute a violation of any
13rule adopted under the authority of this Act, the Department
14of Early Childhood may inform the Attorney General or the
15State's Attorney of the appropriate county, who may initiate
16the appropriate civil or criminal proceedings. Upon a proper
17showing, any circuit court may enter a permanent or
18preliminary injunction or temporary restraining order without
19bond to enforce this Act or any rule prescribed under this Act,
20in addition to the penalties and other remedies provided in
21this Act.
 
22    (225 ILCS 10/11.2)  (from Ch. 23, par. 2221.2)
23    Sec. 11.2. Whenever the Department expressly finds that
24the continued operation of a child care facility, including
25such facilities defined in Section 2.10 and unlicensed

 

 

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1facilities, jeopardizes the health, safety, morals, or welfare
2of children served by the facility, the Department shall issue
3an order of closure directing that the operation of the
4facility terminate immediately, and, if applicable, shall
5initiate revocation proceedings under Section 9 within ten
6working days. A facility closed under this Section may not
7operate during the pendency of any proceeding for the judicial
8review of the decision of the Department to issue an order of
9closure or to revoke or refuse to renew the license, except
10under court order.
11    This Section does not apply to unlicensed facilities that
12qualify for an exemption under Section 2.10, day care centers,
13day care homes, and group day care homes.
14(Source: P.A. 85-216.)
 
15    (225 ILCS 10/11.3 new)
16    Sec. 11.3. Order of closure; Department of Early
17Childhood. Whenever the Department of Early Childhood
18expressly finds that the continued operation of a day care
19center, day care home, or group day care home, including a
20facility defined in Section 2.10 and an unlicensed facility,
21jeopardizes the health, safety, morals, or welfare of children
22served by the facility, the Department of Early Childhood
23shall issue an order of closure directing that the operation
24of the facility terminate immediately, and, if applicable,
25shall initiate revocation proceedings under Section 9.01

 

 

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1within 10 working days. A facility closed under this Section
2may not operate during the pendency of any proceeding for the
3judicial review of the decision of the Department of Early
4Childhood to issue an order of closure or to revoke or refuse
5to renew the license, except under court order.
 
6    (225 ILCS 10/12)  (from Ch. 23, par. 2222)
7    Sec. 12. Advertisements; Department of Children and Family
8Services.
9    (a) In this Section, "advertise" means communication by
10any public medium originating or distributed in this State,
11including, but not limited to, newspapers, periodicals,
12telephone book listings, outdoor advertising signs, radio, or
13television.
14    (b) With the exception of day care centers, day care
15homes, and group day care homes, a A child care facility or
16child welfare agency licensed or operating under a permit
17issued by the Department may publish advertisements for the
18services that the facility is specifically licensed or issued
19a permit under this Act to provide. A person, group of persons,
20agency, association, organization, corporation, institution,
21center, or group who advertises or causes to be published any
22advertisement offering, soliciting, or promising to perform
23adoption services as defined in Section 2.24 of this Act is
24guilty of a Class A misdemeanor and shall be subject to a fine
25not to exceed $10,000 or 9 months imprisonment for each

 

 

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1advertisement, unless that person, group of persons, agency,
2association, organization, corporation, institution, center,
3or group is (i) licensed or operating under a permit issued by
4the Department as a child care facility or child welfare
5agency, (ii) a birth parent or a prospective adoptive parent
6acting on the birth parent's or prospective adoptive parent's
7own behalf, or (iii) a licensed attorney advertising the
8licensed attorney's availability to provide legal services
9relating to adoption, as permitted by law.
10    (c) Every advertisement published after the effective date
11of this amendatory Act of the 94th General Assembly shall
12include the Department-issued license number of the facility
13or agency.
14    (d) Any licensed child welfare agency providing adoption
15services that, after the effective date of this amendatory Act
16of the 94th General Assembly, causes to be published an
17advertisement containing reckless or intentional
18misrepresentations concerning adoption services or
19circumstances material to the placement of a child for
20adoption is guilty of a Class A misdemeanor and is subject to a
21fine not to exceed $10,000 or 9 months imprisonment for each
22advertisement.
23    (e) An out-of-state agency that is not licensed in
24Illinois and that has a written interagency agreement with one
25or more Illinois licensed child welfare agencies may advertise
26under this Section, provided that (i) the out-of-state agency

 

 

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1must be officially recognized by the United States Internal
2Revenue Service as a tax-exempt organization under 501(c)(3)
3of the Internal Revenue Code of 1986 (or any successor
4provision of federal tax law), (ii) the out-of-state agency
5provides only international adoption services and is covered
6by the Intercountry Adoption Act of 2000, (iii) the
7out-of-state agency displays, in the advertisement, the
8license number of at least one of the Illinois licensed child
9welfare agencies with which it has a written agreement, and
10(iv) the advertisements pertain only to international adoption
11services. Subsection (d) of this Section shall apply to any
12out-of-state agencies described in this subsection (e).
13    (f) An advertiser, publisher, or broadcaster, including,
14but not limited to, newspapers, periodicals, telephone book
15publishers, outdoor advertising signs, radio stations, or
16television stations, who knowingly or recklessly advertises or
17publishes any advertisement offering, soliciting, or promising
18to perform adoption services, as defined in Section 2.24 of
19this Act, on behalf of a person, group of persons, agency,
20association, organization, corporation, institution, center,
21or group, not authorized to advertise under subsection (b) or
22subsection (e) of this Section, is guilty of a Class A
23misdemeanor and is subject to a fine not to exceed $10,000 or 9
24months imprisonment for each advertisement.
25    (g) The Department shall maintain a website listing child
26welfare agencies licensed by the Department that provide

 

 

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1adoption services and other general information for birth
2parents and adoptive parents. The website shall include, but
3not be limited to, agency addresses, phone numbers, e-mail
4addresses, website addresses, annual reports as referenced in
5Section 7.6 of this Act, agency license numbers, the Birth
6Parent Bill of Rights, the Adoptive Parents Bill of Rights,
7and the Department's complaint registry established under
8Section 9.1a of this Act. The Department shall adopt any rules
9necessary to implement this Section.
10    (h) (Blank) Nothing in this Act shall prohibit a day care
11agency, day care center, day care home, or group day care home
12that does not provide or perform adoption services, as defined
13in Section 2.24 of this Act, from advertising or marketing the
14day care agency, day care center, day care home, or group day
15care home.
16(Source: P.A. 103-22, eff. 8-8-23.)
 
17    (225 ILCS 10/12.1 new)
18    Sec. 12.1. Advertisements; Department of Early Childhood.
19    (a) In this Section, "advertise" means communication by
20any public medium originating or distributed in this State,
21including, but not limited to, newspapers, periodicals,
22telephone book listings, outdoor advertising signs, radio, or
23television.
24    (b) A day care center, day care home, or group day care
25home licensed or operating under a permit issued by the

 

 

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1Department of Early Childhood may publish advertisements for
2the services that the day care center, day care home, or group
3day care home is specifically licensed or issued a permit
4under this Act to provide. A person, group of persons, agency,
5association, organization, corporation, institution, center,
6or group that advertises or causes to be published any
7advertisement offering, soliciting, or promising to perform
8adoption services as defined in Section 2.24 of this Act is
9guilty of a Class A misdemeanor and shall be subject to a fine
10not to exceed $10,000 or 9 months' imprisonment for each
11advertisement, unless that person, group of persons, agency,
12association, organization, corporation, institution, center,
13or group is licensed or operating under a permit issued by
14Department of Early Childhood as a day care center, day care
15home, or group day care home, as permitted by law.
16    (c) Every advertisement published after the effective date
17of this amendatory Act of the 103rd General Assembly shall
18include the Department of Early Childhood license number of
19the facility or agency.

 
20    (225 ILCS 10/15)  (from Ch. 23, par. 2225)
21    Sec. 15. With the exception of day care centers, day care
22homes, and group day care homes, every Every child care
23facility must keep and maintain such records as the Department
24may prescribe pertaining to the admission, progress, health
25and discharge of children under the care of the facility and

 

 

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1shall report relative thereto to the Department whenever
2called for, upon forms prescribed by the Department. All
3records regarding children and all facts learned about
4children and their relatives must be kept confidential both by
5the child care facility and by the Department.
6    Nothing contained in this Act prevents the sharing or
7disclosure of information or records relating or pertaining to
8juveniles subject to the provisions of the Serious Habitual
9Offender Comprehensive Action Program when that information is
10used to assist in the early identification and treatment of
11habitual juvenile offenders.
12    Nothing contained in this Act prevents the disclosure of
13information or records by a licensed child welfare agency as
14required under subsection (c-5) of Section 7.4.
15(Source: P.A. 94-1010, eff. 10-1-06.)
 
16    (225 ILCS 10/15.1 new)
17    Sec. 15.1. Records; confidentiality; Department of Early
18Childhood. Every day care center, day care home, and group day
19care home must keep and maintain such records as the
20Department of Early Childhood may prescribe pertaining to the
21admission, progress, health and discharge of children under
22the care of the day care center, day care home, or group day
23care home, and shall report relative thereto to the Department
24of Early Childhood whenever called for, upon forms prescribed
25by the Department of Early Childhood. All records regarding

 

 

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1children and all facts learned about children and their
2relatives must be kept confidential both by the day care
3center, day care home, or group day care home and by the
4Department of Early Childhood.
 
5    (225 ILCS 10/16)  (from Ch. 23, par. 2226)
6    Sec. 16. (a) Subsections (a-1) through (d) do not apply to
7any circumstances to which Section 16.1 applies.
8    (a-1) (a) Any child care facility receiving a child for
9care or supervision from a foreign state or country shall
10report that child to the Department in the same manner as is
11required for reporting other children.
12    (b) A person, agency or organization, other than a
13licensed child care institution or child welfare agency, may
14not receive a foreign child without prior notice to and
15approval of the Department.
16    (c) In all instances the Department may require a guaranty
17that a child accepted for care or supervision from a foreign
18state or country will not become a public charge upon the State
19of Illinois.
20    (d) Reports to the Department must be made, as required.
21    (e) The Department may enter into agreements with public
22or voluntary social agencies headquartered in states adjacent
23to the State of Illinois, regarding the placement of children
24in licensed foster family homes within the boundaries of
25Illinois, if the agencies meet the standards and criteria

 

 

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1required for license as a child welfare agency in Illinois.
2The agreements may allow foreign agencies to place and
3supervise children for whom they have responsibility within
4the State of Illinois, without regard to subsection (a-1)
5paragraph (a) of this Section. These agreements must, however,
6include a requirement that the agencies cooperate fully with
7the Department in its inquiry or investigation into the
8activities and standards of those agencies, and provide that
9the Department may, at any time upon 15 days written notice to
10an agency by registered mail, void the agreement and require
11the observance of subsection (a-1) paragraph (a) of this
12Section.
13(Source: P.A. 76-63.)
 
14    (225 ILCS 10/16.1 new)
15    Sec. 16.1. Child from a foreign state or country;
16Department of Early Childhood.
17    (a) Any day care center, day care home, or group day care
18home receiving a child for care or supervision from a foreign
19state or country shall report that child to the Department of
20Early Childhood in the same manner as is required for
21reporting other children.
22    (b) A person, agency or organization, other than a
23licensed child care institution, may not receive a foreign
24child without prior notice to and approval of the Department
25of Early Childhood.

 

 

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1    (c) In all instances the Department of Early Childhood may
2require a guaranty that a child accepted for care or
3supervision from a foreign state or country will not become a
4public charge upon the State of Illinois.
5    (d) Reports to the Department of Early Childhood must be
6made, as required.
 
7    (225 ILCS 10/17)  (from Ch. 23, par. 2227)
8    Sec. 17. The Administrative Review Law and the rules
9adopted pursuant thereto apply to and govern , applies to and
10governs all proceedings for the judicial review of final
11administrative decisions of the Department of Children and
12Family Services and the Department of Early Childhood. The
13term "administrative decision" is defined as in Section 3-101
14of the Code of Civil Procedure.
15(Source: P.A. 82-783.)
 
16    (225 ILCS 10/18)  (from Ch. 23, par. 2228)
17    Sec. 18. Any person, group of persons, association, or
18corporation who, with respect to a child care facility other
19than a day care center, day care home, or group day care home:
20    (1) conducts, operates, or acts as a child care facility
21without a license or permit to do so in violation of Section 3
22of this Act;
23    (2) makes materially false statements in order to obtain a
24license or permit;

 

 

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1    (3) fails to keep the records and make the reports
2provided under this Act;
3    (4) advertises any service not authorized by license or
4permit held;
5    (5) publishes any advertisement in violation of this Act;
6    (6) receives within this State any child in violation of
7Section 16 of this Act; or
8    (7) violates any other provision of this Act or any
9reasonable rule or regulation adopted and published by the
10Department for the enforcement of the provisions of this Act,
11is guilty of a Class A misdemeanor and in case of an
12association or corporation, imprisonment may be imposed upon
13its officers who knowingly participated in the violation.
14    Any child care facility (other than a day care center, day
15care home, or group day care home) that continues to operate
16after its license is revoked under Section 8 of this Act or
17after its license expires and the Department refused to renew
18the license as provided in Section 8 of this Act is guilty of a
19business offense and shall be fined an amount in excess of $500
20but not exceeding $10,000, and each day of violation is a
21separate offense.
22    In a prosecution under this Act, a defendant who relies
23upon the relationship of any child to the defendant has the
24burden of proof as to that relationship.
25(Source: P.A. 103-22, eff. 8-8-23; revised 9-21-23.)
 

 

 

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1    (225 ILCS 10/18.1 new)
2    Sec. 18.1. Violations; day care center, day care home, or
3group day care home. Any person, group of persons,
4association, or corporation that:
5        (1) conducts, operates or acts as a day care center,
6    day care home, or group day care home without a license or
7    permit to do so in violation of Section 3.01 of this Act;
8        (2) makes materially false statements in order to
9    obtain a license or permit;
10        (3) fails to keep the records and make the reports
11    provided under this Act;
12        (4) advertises any service not authorized by license
13    or permit held;
14        (5) publishes any advertisement in violation of this
15    Act;
16        (6) receives within this State any child in violation
17    of Section 16.1 of this Act; or
18        (7) violates any other provision of this Act or any
19    reasonable rule or regulation adopted and published by the
20    Department of Early Childhood for the enforcement of the
21    provisions of this Act,
22is guilty of a Class A misdemeanor and, in the case of an
23association or corporation, imprisonment may be imposed upon
24its officers who knowingly participated in the violation.
25    Any day care center, day care home, or group day care home
26that continues to operate after its license is revoked under

 

 

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1Section 8 or 8a of this Act or after its license expires and
2the Department of Early Childhood refused to renew the license
3as provided in Section 8 or 8a of this Act is guilty of a
4business offense and shall be fined an amount in excess of $500
5but not exceeding $10,000. Each day of violation is a separate
6offense.
7    In a prosecution under this Act, a defendant who relies
8upon the relationship of any child to the defendant has the
9burden of proof as to that relationship.
 
10
ARTICLE 99. NONACCELERATION, SEVERABILITY,
11
AND
12
EFFECTIVE DATE

 
13    Section 99-1. No acceleration or delay. Where this Act
14makes changes in a statute that is represented in this Act by
15text that is not yet or no longer in effect (for example, a
16Section represented by multiple versions), the use of that
17text does not accelerate or delay the taking effect of (i) the
18changes made by this Act or (ii) provisions derived from any
19other Public Act.
 
20    Section 99-5. Severability. The provisions of this Act are
21severable under Section 1.31 of the Statute on Statutes.
 
22    Section 99-99. Effective date. This Act takes effect upon

 

 

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1becoming law, except Article 95 takes effect on July 1,
22026.".