Illinois General Assembly - Full Text of Public Act 100-0645
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Public Act 100-0645


Public Act 0645 100TH GENERAL ASSEMBLY



Public Act 100-0645
SB1829 EnrolledLRB100 11349 MLM 21732 b

    AN ACT concerning education.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The School Code is amended by changing Section
2-3.71 as follows:
    (105 ILCS 5/2-3.71)  (from Ch. 122, par. 2-3.71)
    Sec. 2-3.71. Grants for preschool educational programs.
    (a) Preschool program.
        (1) The State Board of Education shall implement and
    administer a grant program under the provisions of this
    subsection which shall consist of grants to public school
    districts and other eligible entities, as defined by the
    State Board of Education, to conduct voluntary preschool
    educational programs for children ages 3 to 5 which include
    a parent education component. A public school district
    which receives grants under this subsection may
    subcontract with other entities that are eligible to
    conduct a preschool educational program. These grants must
    be used to supplement, not supplant, funds received from
    any other source.
        (2) (Blank).
        (3) Except as otherwise provided under this subsection
    (a), any Any teacher of preschool children in the program
    authorized by this subsection shall hold a Professional
    Educator License with an early childhood education
    endorsement teaching certificate.
        (3.5) Beginning with the 2018-2019 school year and
    until the 2023-2024 school year, an individual may teach
    preschool children in an early childhood program under this
    Section if he or she holds a Professional Educator License
    with an early childhood education endorsement or with
    short-term approval for early childhood education or he or
    she pursues a Professional Educator License and holds any
    of the following:
            (A) An ECE Credential Level of 5 awarded by the
        Department of Human Services under the Gateways to
        Opportunity Program developed under Section 10-70 of
        the Department of Human Services Act.
            (B) An Educator License with Stipulations with a
        transitional bilingual educator endorsement and he or
        she has (i) passed an early childhood education content
        test or (ii) completed no less than 9 semester hours of
        postsecondary coursework in the area of early
        childhood education.
        (4) (Blank).
        (4.5) The State Board of Education shall provide the
    primary source of funding through appropriations for the
    program. Such funds shall be distributed to achieve a goal
    of "Preschool for All Children" for the benefit of all
    children whose families choose to participate in the
    program. Based on available appropriations, newly funded
    programs shall be selected through a process giving first
    priority to qualified programs serving primarily at-risk
    children and second priority to qualified programs serving
    primarily children with a family income of less than 4
    times the poverty guidelines updated periodically in the
    Federal Register by the U.S. Department of Health and Human
    Services under the authority of 42 U.S.C. 9902(2). For
    purposes of this paragraph (4.5), at-risk children are
    those who because of their home and community environment
    are subject to such language, cultural, economic and like
    disadvantages to cause them to have been determined as a
    result of screening procedures to be at risk of academic
    failure. Such screening procedures shall be based on
    criteria established by the State Board of Education.
        Except as otherwise provided in this paragraph (4.5),
    grantees under the program must enter into a memorandum of
    understanding with the appropriate local Head Start
    agency. This memorandum must be entered into no later than
    3 months after the award of a grantee's grant under the
    program, except that, in the case of the 2009-2010 program
    year, the memorandum must be entered into no later than the
    deadline set by the State Board of Education for
    applications to participate in the program in fiscal year
    2011, and must address collaboration between the grantee's
    program and the local Head Start agency on certain issues,
    which shall include without limitation the following:
            (A) educational activities, curricular objectives,
        and instruction;
            (B) public information dissemination and access to
        programs for families contacting programs;
            (C) service areas;
            (D) selection priorities for eligible children to
        be served by programs;
            (E) maximizing the impact of federal and State
        funding to benefit young children;
            (F) staff training, including opportunities for
        joint staff training;
            (G) technical assistance;
            (H) communication and parent outreach for smooth
        transitions to kindergarten;
            (I) provision and use of facilities,
        transportation, and other program elements;
            (J) facilitating each program's fulfillment of its
        statutory and regulatory requirements;
            (K) improving local planning and collaboration;
            (L) providing comprehensive services for the
        neediest Illinois children and families.
    If the appropriate local Head Start agency is unable or
    unwilling to enter into a memorandum of understanding as
    required under this paragraph (4.5), the memorandum of
    understanding requirement shall not apply and the grantee
    under the program must notify the State Board of Education
    in writing of the Head Start agency's inability or
    unwillingness. The State Board of Education shall compile
    all such written notices and make them available to the
        (5) The State Board of Education shall develop and
    provide evaluation tools, including tests, that school
    districts and other eligible entities may use to evaluate
    children for school readiness prior to age 5. The State
    Board of Education shall require school districts and other
    eligible entities to obtain consent from the parents or
    guardians of children before any evaluations are
    conducted. The State Board of Education shall encourage
    local school districts and other eligible entities to
    evaluate the population of preschool children in their
    communities and provide preschool programs, pursuant to
    this subsection, where appropriate.
        (6) The State Board of Education shall report to the
    General Assembly by November 1, 2018 and every 2 years
    thereafter on the results and progress of students who were
    enrolled in preschool educational programs, including an
    assessment of which programs have been most successful in
    promoting academic excellence and alleviating academic
    failure. The State Board of Education shall assess the
    academic progress of all students who have been enrolled in
    preschool educational programs.
        On or before November 1 of each fiscal year in which
    the General Assembly provides funding for new programs
    under paragraph (4.5) of this Section, the State Board of
    Education shall report to the General Assembly on what
    percentage of new funding was provided to programs serving
    primarily at-risk children, what percentage of new funding
    was provided to programs serving primarily children with a
    family income of less than 4 times the federal poverty
    level, and what percentage of new funding was provided to
    other programs.
        (7) Due to evidence that expulsion practices in the
    preschool years are linked to poor child outcomes and are
    employed inconsistently across racial and gender groups,
    early childhood programs receiving State funds under this
    subsection (a) shall prohibit expulsions. Planned
    transitions to settings that are able to better meet a
    child's needs are not considered expulsion under this
    paragraph (7).
            (A) When persistent and serious challenging
        behaviors emerge, the early childhood program shall
        document steps taken to ensure that the child can
        participate safely in the program; including
        observations of initial and ongoing challenging
        behaviors, strategies for remediation and intervention
        plans to address the behaviors, and communication with
        the parent or legal guardian, including participation
        of the parent or legal guardian in planning and
            (B) The early childhood program shall, with
        parental or legal guardian consent as required,
        utilize a range of community resources, if available
        and deemed necessary, including, but not limited to,
        developmental screenings, referrals to programs and
        services administered by a local educational agency or
        early intervention agency under Parts B and C of the
        federal Individual with Disabilities Education Act,
        and consultation with infant and early childhood
        mental health consultants and the child's health care
        provider. The program shall document attempts to
        engage these resources, including parent or legal
        guardian participation and consent attempted and
        obtained. Communication with the parent or legal
        guardian shall take place in a culturally and
        linguistically competent manner.
            (C) If there is documented evidence that all
        available interventions and supports recommended by a
        qualified professional have been exhausted and the
        program determines in its professional judgment that
        transitioning a child to another program is necessary
        for the well-being of the child or his or her peers and
        staff, with parent or legal guardian permission, both
        the current and pending programs shall create a
        transition plan designed to ensure continuity of
        services and the comprehensive development of the
        child. Communication with families shall occur in a
        culturally and linguistically competent manner.
            (D) Nothing in this paragraph (7) shall preclude a
        parent's or legal guardian's right to voluntarily
        withdraw his or her child from an early childhood
        program. Early childhood programs shall request and
        keep on file, when received, a written statement from
        the parent or legal guardian stating the reason for his
        or her decision to withdraw his or her child.
            (E) In the case of the determination of a serious
        safety threat to a child or others or in the case of
        behaviors listed in subsection (d) of Section 10-22.6
        of this Code, the temporary removal of a child from
        attendance in group settings may be used. Temporary
        removal of a child from attendance in a group setting
        shall trigger the process detailed in subparagraphs
        (A), (B), and (C) of this paragraph (7), with the child
        placed back in a group setting as quickly as possible.
            (F) Early childhood programs may utilize and the
        State Board of Education, the Department of Human
        Services, and the Department of Children and Family
        Services shall recommend training, technical support,
        and professional development resources to improve the
        ability of teachers, administrators, program
        directors, and other staff to promote social-emotional
        development and behavioral health, to address
        challenging behaviors, and to understand trauma and
        trauma-informed care, cultural competence, family
        engagement with diverse populations, the impact of
        implicit bias on adult behavior, and the use of
        reflective practice techniques. Support shall include
        the availability of resources to contract with infant
        and early childhood mental health consultants.
            (G) Beginning on July 1, 2018, early childhood
        programs shall annually report to the State Board of
        Education, and, beginning in fiscal year 2020, the
        State Board of Education shall make available on a
        biennial basis, in an existing report, all of the
        following data for children from birth to age 5 who are
        served by the program:
                (i) Total number served over the course of the
            program year and the total number of children who
            left the program during the program year.
                (ii) Number of planned transitions to another
            program due to children's behavior, by children's
            race, gender, disability, language, class/group
            size, teacher-child ratio, and length of program
                (iii) Number of temporary removals of a child
            from attendance in group settings due to a serious
            safety threat under subparagraph (E) of this
            paragraph (7), by children's race, gender,
            disability, language, class/group size,
            teacher-child ratio, and length of program day.
                (iv) Hours of infant and early childhood
            mental health consultant contact with program
            leaders, staff, and families over the program
            (H) Changes to services for children with an
        individualized education program or individual family
        service plan shall be construed in a manner consistent
        with the federal Individuals with Disabilities
        Education Act.
        The State Board of Education, in consultation with the
    Governor's Office of Early Childhood Development and the
    Department of Children and Family Services, shall adopt
    rules to administer this paragraph (7).
    (b) (Blank).
(Source: P.A. 100-105, eff. 1-1-18.)
    Section 99. Effective date. This Act takes effect July 1,

Effective Date: 7/27/2018