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Public Act 103-0594
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SB0001 Enrolled | LRB103 25137 RJT 51476 b |
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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ARTICLE 1. GENERAL PROVISIONS
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Section 1-1. Short title. This Act may be cited as the |
Department of Early Childhood Act.
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Section 1-5. Findings. The General Assembly finds that: |
(1) There are over 875,000 children under the age of 5 in |
Illinois, nearly half of whom are under the age of 3. At birth, |
a baby's brain is 25% the size of an adult's brain. Yet, an |
infant's brain has roughly 86 billion neurons, almost all the |
neurons the human brain will ever have. |
(2) From 3 to 15 months, neuron connections form at a rate |
of 40,000 per second. By age 3, synaptic connections have |
grown to 100 trillion. Ages 3 to 5 are critical years to build |
executive function skills like focusing attention, remembering |
instructions, and demonstrating self-control. Without these |
skills, children are not fully equipped to learn when they |
enter kindergarten. By age 5, 90% of brain development is |
complete. |
(3) Prenatal programs improve the regular care of birthing |
parents, reduce the risk of infant low birth weight and |
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mortality, and increase regular child wellness visits, |
screenings, and immunizations. |
(4) Early childhood education and care not only improve |
school readiness and literacy, but also improve cognitive |
development for future success in life, school, and the |
workforce. |
(5) Research shows that for every dollar invested in |
high-quality early childhood education and care, society gains |
over $7 in economic returns in the long-term. |
(6) Supporting children means supporting their parents and |
families. The early childhood education and care industry is |
the workforce behind all other workforces. High-quality child |
care enables parents and families to consistently work and |
earn an income to support their children. Research also shows |
that early childhood education and care programs can reduce |
parental stress and improve family well-being. |
(7) Investing in early childhood education and care is in |
the interest of all residents and will make Illinois the best |
state in the nation to raise young children.
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Section 1-10. Purpose. It is the purpose of this Act to |
provide for the creation of the Department of Early Childhood |
and to transfer to it certain rights, powers, duties, and |
functions currently exercised by various agencies of State |
Government. The Department of Early Childhood shall be the |
lead State agency for administering and providing early |
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childhood education and care programs and services to children |
and families. This Act centralizes home-visiting services, |
early intervention services, preschool services, child care |
services, licensing for day care centers, day care homes, and |
group day care homes, and other early childhood education and |
care programs and administrative functions historically |
managed by the Illinois State Board of Education, the Illinois |
Department of Human Services, and the Illinois Department of |
Children and Family Services. Centralizing early childhood |
functions into a single State agency is intended to simplify |
the process for parents and caregivers to identify and enroll |
children in early childhood services, to create new, |
equity-driven statewide systems, to streamline administrative |
functions for providers, and to improve kindergarten readiness |
for children.
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Section 1-11. Rights; privileges; protections. |
Notwithstanding any provision of law to the contrary, any |
rights, privileges, or protections afforded to students in |
early childhood education and care programs, including |
undocumented students, under the School Code or any other |
provision of law shall not terminate upon the effective date |
of this Act.
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Section 1-15. Definitions. As used in this Act, unless the |
context otherwise requires: |
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"Department" means the Department of Early Childhood. |
"Secretary" means the Secretary of Early Childhood. |
"Transferring agency" means the Department of Human |
Services, Department of Children and Family Services, and the |
State Board of Education.
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Section 1-20. Department; Secretary; organization. |
(a) The Department of Early Childhood is created and shall |
begin operation on July 1, 2024. |
(b) The head officer of the Department is the Secretary. |
The Secretary shall be appointed by the Governor, with the |
advice and consent of the Senate. The initial term of the |
Secretary shall run from the date of appointment until January |
18, 2027, and until a successor has been appointed and |
qualified. Thereafter, the Secretary's term shall be as |
provided in Section 5-610 of the Civil Administrative Code of |
Illinois. The Department may employ or retain other persons to |
assist in the discharge of its functions, subject to the |
Personnel Code. |
(c) The Governor may, with the advice and consent of the |
Senate, appoint an appropriate number of persons to serve as |
Assistant Secretaries to head the major programmatic divisions |
of the Department. Assistant Secretaries shall not be subject |
to the Personnel Code. |
(d) The Secretary shall create divisions and |
administrative units within the Department and shall assign |
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functions, powers, duties, and personnel as may now or in the |
future be required by State or federal law. The Secretary may |
create other divisions and administrative units and may assign |
other functions, powers, duties, and personnel as may be |
necessary or desirable to carry out the functions and |
responsibilities vested by law in the Department.
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Section 1-30. General powers and duties. |
(a) The Department shall exercise the rights, powers, |
duties, and functions provided by law, including, but not |
limited to, the rights, powers, duties, and functions |
transferred to the Department. |
(b) The Department may employ personnel (in accordance |
with the Personnel Code and any applicable collective |
bargaining agreements), provide facilities, contract for goods |
and services, and adopt rules as necessary to carry out its |
functions and purposes, all in accordance with applicable |
State and federal law. |
The Department may establish such subdivisions of the |
Department as shall be desirable and assign to the various |
subdivisions the responsibilities and duties placed upon the |
Department by the Laws of the State of Illinois. |
The Department shall adopt, as necessary, rules for the |
execution of its powers. The provisions of the Illinois |
Administrative Procedure Act are hereby expressly adopted and |
shall apply to all administrative rules and procedures of the |
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Department under this Act, except that Section 5-35 of the |
Illinois Administrative Procedure Act relating to procedures |
for rulemaking does not apply to the adoption of any rule |
required by federal law in connection with which the |
Department is precluded by law from exercising any discretion. |
(c) Procurements necessary for the Department of Early |
Childhood to implement this Act are subject to the Illinois |
Procurement Code, except as otherwise provided in paragraph |
(25) of subsection (b) of Section 1-10 of that Code. The |
Department of Early Childhood is subject to the Business |
Enterprise for Minorities, Women, and Persons with |
Disabilities Act.
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Section 1-35. Advisory body. By July 1, 2026, the |
Department shall create or designate an advisory body to |
counsel the Department on an ongoing basis, ensuring the |
Department functions with transparency, operates with a |
commitment to centering racial equity and to meaningful |
inclusion of parent, early childhood service provider, and |
other public stakeholder engagement, feedback, and counsel, |
including the creation of committees or working groups, and |
devotes appropriate attention to data collection and timely |
public reporting. This advisory body's membership shall |
include representation from both public and private |
organizations, and its membership shall reflect the regional, |
racial, socioeconomic, and cultural diversity of the State to |
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ensure representation of the needs of all Illinois children |
and families.
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ARTICLE 10. POWERS AND DUTIES RELATING TO EARLY INTERVENTION |
SERVICES
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Section 10-5. Transition planning. Beginning July 1, 2024, |
the Department of Early Childhood and the Department of Human |
Services shall collaborate and plan for the transition of |
administrative responsibilities as prescribed in the Early |
Intervention Services System Act.
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Section 10-10. Legislative findings and policy. |
(a) The General Assembly finds that there is an urgent and |
substantial need to: |
(1) enhance the development of all eligible infants |
and toddlers in the State of Illinois in order to minimize |
developmental delay and maximize individual potential for |
adult independence; |
(2) enhance the capacity of families to meet the |
special needs of eligible infants and toddlers including |
the purchase of services when necessary; |
(3) reduce educational costs by minimizing the need |
for special education and related services when eligible |
infants and toddlers reach school age; |
(4) enhance the independence, productivity and |
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integration with age-appropriate peers of eligible |
children and their families; |
(5) reduce social services costs and minimize the need |
for institutionalization; and |
(6) prevent secondary impairments and disabilities by |
improving the health of infants and toddlers, thereby |
reducing health costs for the families and the State. |
(b) The General Assembly therefore intends that the |
policy of this State shall be to: |
(1) affirm the importance of the family in all areas |
of the child's development and reinforce the role of the |
family as a participant in the decision-making processes |
regarding their child; |
(2) provide assistance and support to eligible infants |
and toddlers and their families to address the individual |
concerns and decisions of each family; |
(3) develop and implement, on a statewide basis, |
locally based comprehensive, coordinated, |
interdisciplinary, interagency early intervention |
services for all eligible infants and toddlers; |
(4) enhance the local communities' capacity to provide |
an array of quality early intervention services; |
(5) identify and coordinate all available resources |
for early intervention within the State including those |
from federal, State, local and private sources; |
(6) provide financial and technical assistance to |
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local communities for the purposes of coordinating early |
intervention services in local communities and enhancing |
the communities' capacity to provide individualized early |
intervention services to all eligible infants and toddlers |
in their homes or in community environments; and |
(7) affirm that eligible infants and toddlers have a |
right to receive early intervention services to the |
maximum extent appropriate, in natural environments in |
which infants and toddlers without disabilities would |
participate. |
(c) The General Assembly further finds that early |
intervention services are cost-effective and effectively serve |
the developmental needs of eligible infants and toddlers and |
their families. Therefore, the purpose of this Act is to |
provide a comprehensive, coordinated, interagency, |
interdisciplinary early intervention services system for |
eligible infants and toddlers and their families by enhancing |
the capacity to provide quality early intervention services, |
expanding and improving existing services, and facilitating |
coordination of payments for early intervention services from |
various public and private sources.
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Section 10-15. Definitions. As used in this Act: |
(a) "Eligible infants and toddlers" means infants and |
toddlers under 36 months of age with any of the following |
conditions: |
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(1) Developmental delays. |
(2) A physical or mental condition which typically |
results in developmental delay. |
(3) Being at risk of having substantial developmental |
delays based on informed clinical opinion. |
(4) Either (A) having entered the program under any of |
the circumstances listed in paragraphs (1) through (3) of |
this subsection but no longer meeting the current |
eligibility criteria under those paragraphs, and |
continuing to have any measurable delay, or (B) not having |
attained a level of development in each area, including |
(i) cognitive, (ii) physical (including vision and |
hearing), (iii) language, speech, and communication, (iv) |
social or emotional, or (v) adaptive, that is at least at |
the mean of the child's age equivalent peers; and, in |
addition to either item (A) or item (B), (C) having been |
determined by the multidisciplinary individualized family |
service plan team to require the continuation of early |
intervention services in order to support continuing |
developmental progress, pursuant to the child's needs and |
provided in an appropriate developmental manner. The type, |
frequency, and intensity of services shall differ from the |
initial individualized family services plan because of the |
child's developmental progress, and may consist of only |
service coordination, evaluation, and assessments. |
"Eligible infants and toddlers" includes any child under |
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the age of 3 who is the subject of a substantiated case of |
child abuse or neglect as defined in the federal Child Abuse |
Prevention and Treatment Act. |
(b) "Developmental delay" means a delay in one or more of |
the following areas of childhood development as measured by |
appropriate diagnostic instruments and standard procedures: |
cognitive; physical, including vision and hearing; language, |
speech and communication; social or emotional; or adaptive. |
The term means a delay of 30% or more below the mean in |
function in one or more of those areas. |
(c) "Physical or mental condition which typically results |
in developmental delay" means: |
(1) a diagnosed medical disorder or exposure to a |
toxic substance bearing a relatively well known expectancy |
for developmental outcomes within varying ranges of |
developmental disabilities; or |
(2) a history of prenatal, perinatal, neonatal or |
early developmental events suggestive of biological |
insults to the developing central nervous system and which |
either singly or collectively increase the probability of |
developing a disability or delay based on a medical |
history. |
(d) "Informed clinical opinion" means both clinical |
observations and parental participation to determine |
eligibility by a consensus of a multidisciplinary team of 2 or |
more members based on their professional experience and |
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expertise. |
(e) "Early intervention services" means services which: |
(1) are designed to meet the developmental needs of |
each child eligible under this Act and the needs of his or |
her family; |
(2) are selected in collaboration with the child's |
family; |
(3) are provided under public supervision; |
(4) are provided at no cost except where a schedule of |
sliding scale fees or other system of payments by families |
has been adopted in accordance with State and federal law; |
(5) are designed to meet an infant's or toddler's |
developmental needs in any of the following areas: |
(A) physical development, including vision and |
hearing, |
(B) cognitive development, |
(C) communication development, |
(D) social or emotional development, or |
(E) adaptive development; |
(6) meet the standards of the State, including the |
requirements of this Act; |
(7) include one or more of the following: |
(A) family training, |
(B) social work services, including counseling, |
and home visits, |
(C) special instruction, |
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(D) speech, language pathology and audiology, |
(E) occupational therapy, |
(F) physical therapy, |
(G) psychological services, |
(H) service coordination services, |
(I) medical services only for diagnostic or |
evaluation purposes, |
(J) early identification, screening, and |
assessment services, |
(K) health services specified by the lead agency |
as necessary to enable the infant or toddler to |
benefit from the other early intervention services, |
(L) vision services, |
(M) transportation, |
(N) assistive technology devices and services, |
(O) nursing services, |
(P) nutrition services, and |
(Q) sign language and cued language services; |
(8) are provided by qualified personnel, including but |
not limited to: |
(A) child development specialists or special |
educators, including teachers of children with hearing |
impairments (including deafness) and teachers of |
children with vision impairments (including |
blindness), |
(B) speech and language pathologists and |
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audiologists, |
(C) occupational therapists, |
(D) physical therapists, |
(E) social workers, |
(F) nurses, |
(G) dietitian nutritionists, |
(H) vision specialists, including ophthalmologists |
and optometrists, |
(I) psychologists, and |
(J) physicians; |
(9) are provided in conformity with an Individualized |
Family Service Plan; |
(10) are provided throughout the year; and |
(11) are provided in natural environments, to the |
maximum extent appropriate, which may include the home and |
community settings, unless justification is provided |
consistent with federal regulations adopted under Sections |
1431 through 1444 of Title 20 of the United States Code. |
(f) "Individualized Family Service Plan" or "Plan" means a |
written plan for providing early intervention services to a |
child eligible under this Act and the child's family, as set |
forth in Section 10-65. |
(g) "Local interagency agreement" means an agreement |
entered into by local community and State and regional |
agencies receiving early intervention funds directly from the |
State and made in accordance with State interagency agreements |
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providing for the delivery of early intervention services |
within a local community area. |
(h) "Council" means the Illinois Interagency Council on |
Early Intervention established under Section 10-30. |
(i) "Lead agency" means the State agency responsible for |
administering this Act and receiving and disbursing public |
funds received in accordance with State and federal law and |
rules. |
(i-5) "Central billing office" means the central billing |
office created by the lead agency under Section 10-75. |
(j) "Child find" means a service which identifies eligible |
infants and toddlers. |
(k) "Regional intake entity" means the lead agency's |
designated entity responsible for implementation of the Early |
Intervention Services System within its designated geographic |
area. |
(l) "Early intervention provider" means an individual who |
is qualified, as defined by the lead agency, to provide one or |
more types of early intervention services, and who has |
enrolled as a provider in the early intervention program. |
(m) "Fully credentialed early intervention provider" means |
an individual who has met the standards in the State |
applicable to the relevant profession, and has met such other |
qualifications as the lead agency has determined are suitable |
for personnel providing early intervention services, including |
pediatric experience, education, and continuing education. The |
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lead agency shall establish these qualifications by rule filed |
no later than 180 days after the effective date of this Act. |
(n) "Telehealth" has the meaning given to that term in |
Section 5 of the Telehealth Act. |
(o) "Department" means Department of Early Childhood |
unless otherwise specified.
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Section 10-25. Services delivered by telehealth. An early |
intervention provider may deliver via telehealth any type of |
early intervention service outlined in subsection (e) of |
Section 10-15 to the extent of the early intervention |
provider's scope of practice as established in the provider's |
respective licensing Act consistent with the standards of care |
for in-person services. This Section shall not be construed to |
alter the scope of practice of any early intervention provider |
or authorize the delivery of early intervention services in a |
setting or in a manner not otherwise authorized by the laws of |
this State.
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Section 10-30. Illinois Interagency Council on Early |
Intervention. |
(a) There is established the Illinois Interagency Council |
on Early Intervention. The Council shall be composed of at |
least 20 but not more than 30 members. The members of the |
Council and the designated chairperson of the Council shall be |
appointed by the Governor. The Council member representing the |
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lead agency may not serve as chairperson of the Council. On and |
after July 1, 2026, the Council shall be composed of the |
following members: |
(1) The Secretary of Early Childhood (or the Secretary's |
designee) and 2 additional representatives of the Department |
of Early Childhood designated by the Secretary, plus the |
Directors (or their designees) of the following State agencies |
involved in the provision of or payment for early intervention |
services to eligible infants and toddlers and their families: |
(A) Department of Insurance; and |
(B) Department of Healthcare and Family Services. |
(2) Other members as follows: |
(A) At least 20% of the members of the Council shall be |
parents, including minority parents, of infants or |
toddlers with disabilities or children with disabilities |
aged 12 or younger, with knowledge of, or experience with, |
programs for infants and toddlers with disabilities. At |
least one such member shall be a parent of an infant or |
toddler with a disability or a child with a disability |
aged 6 or younger; |
(B) At least 20% of the members of the Council shall be |
public or private providers of early intervention |
services; |
(C) One member shall be a representative of the |
General Assembly; |
(D) One member shall be involved in the preparation of |
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professional personnel to serve infants and toddlers |
similar to those eligible for services under this Act; |
(E) Two members shall be from advocacy organizations |
with expertise in improving health, development, and |
educational outcomes for infants and toddlers with |
disabilities; |
(F) One member shall be a Child and Family Connections |
manager from a rural district; |
(G) One member shall be a Child and Family Connections |
manager from an urban district; |
(H) One member shall be the co-chair of the Illinois |
Early Learning Council (or their designee); and |
(I) Members representing the following agencies or |
entities: the Department of Human Services; the State |
Board of Education; the Department of Public Health; the |
Department of Children and Family Services; the University |
of Illinois Division of Specialized Care for Children; the |
Illinois Council on Developmental Disabilities; Head Start |
or Early Head Start; and the Department of Human Services' |
Division of Mental Health. A member may represent one or |
more of the listed agencies or entities. |
The Council shall meet at least quarterly and in such |
places as it deems necessary. The Council shall be a |
continuation of the Council that was created under Section 4 |
of the Early Intervention Services System Act and that is |
repealed on July 1, 2026 by Section 20.1 of the Early |
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Intervention Services System Act. Members serving on June 30, |
2026 who have served more than 2 consecutive terms shall |
continue to serve on the Council on and after July 1, 2026. |
Once appointed, members shall continue to serve until their |
successors are appointed. Successors appointed under paragraph |
(2) shall serve 3-year terms. No member shall be appointed to |
serve more than 2 consecutive terms. |
Council members shall serve without compensation but shall |
be reimbursed for reasonable costs incurred in the performance |
of their duties, including costs related to child care, and |
parents may be paid a stipend in accordance with applicable |
requirements. |
The Council shall prepare and approve a budget using funds |
appropriated for the purpose to hire staff, and obtain the |
services of such professional, technical, and clerical |
personnel as may be necessary to carry out its functions under |
this Act. This funding support and staff shall be directed by |
the lead agency. |
(b) The Council shall: |
(1) advise and assist the lead agency in the |
performance of its responsibilities including but not |
limited to the identification of sources of fiscal and |
other support services for early intervention programs, |
and the promotion of interagency agreements which assign |
financial responsibility to the appropriate agencies; |
(2) advise and assist the lead agency in the |
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preparation of applications and amendments to |
applications; |
(3) review and advise on relevant rules and standards |
proposed by the related State agencies; |
(4) advise and assist the lead agency in the |
development, implementation and evaluation of the |
comprehensive early intervention services system; |
(4.5) coordinate and collaborate with State |
interagency early learning initiatives, as appropriate; |
and |
(5) prepare and submit an annual report to the |
Governor and to the General Assembly on the status of |
early intervention programs for eligible infants and |
toddlers and their families in Illinois. The annual report |
shall include (i) the estimated number of eligible infants |
and toddlers in this State, (ii) the number of eligible |
infants and toddlers who have received services under this |
Act and the cost of providing those services, and (iii) |
the estimated cost of providing services under this Act to |
all eligible infants and toddlers in this State. The |
report shall be posted by the lead agency on the early |
intervention website as required under paragraph (f) of |
Section 10-35 of this Act. |
No member of the Council shall cast a vote on or |
participate substantially in any matter which would provide a |
direct financial benefit to that member or otherwise give the |
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appearance of a conflict of interest under State law. All |
provisions and reporting requirements of the Illinois |
Governmental Ethics Act shall apply to Council members.
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Section 10-35. Lead agency. Through June 30, 2026, the |
Department of Human Services is designated the lead agency and |
shall provide leadership in establishing and implementing the |
coordinated, comprehensive, interagency and interdisciplinary |
system of early intervention services. On and after July 1, |
2026, the Department of Early Childhood is designated the lead |
agency and shall provide leadership in establishing and |
implementing the coordinated, comprehensive, interagency and |
interdisciplinary system of early intervention services. The |
lead agency shall not have the sole responsibility for |
providing these services. Each participating State agency |
shall continue to coordinate those early intervention services |
relating to health, social service and education provided |
under this authority. |
The lead agency is responsible for carrying out the |
following: |
(a) The general administration, supervision, and |
monitoring of programs and activities receiving assistance |
under Section 673 of the Individuals with Disabilities |
Education Act (20 United States Code 1473). |
(b) The identification and coordination of all |
available resources within the State from federal, State, |
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local and private sources. |
(c) The development of procedures to ensure that |
services are provided to eligible infants and toddlers and |
their families in a timely manner pending the resolution |
of any disputes among public agencies or service |
providers. |
(d) The resolution of intra-agency and interagency |
regulatory and procedural disputes. |
(e) The development and implementation of formal |
interagency agreements, and the entry into such |
agreements, between the lead agency and (i) the Department |
of Healthcare and Family Services, (ii) the University of |
Illinois Division of Specialized Care for Children, and |
(iii) other relevant State agencies that: |
(1) define the financial responsibility of each |
agency for paying for early intervention services |
(consistent with existing State and federal law and |
rules, including the requirement that early |
intervention funds be used as the payor of last |
resort), a hierarchical order of payment as among the |
agencies for early intervention services that are |
covered under or may be paid by programs in other |
agencies, and procedures for direct billing, |
collecting reimbursements for payments made, and |
resolving service and payment disputes; and |
(2) include all additional components necessary to |
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ensure meaningful cooperation and coordination. By |
January 31, 2027, interagency agreements under this |
paragraph (e) must be reviewed and revised to |
implement the purposes of this Act. |
(f) The maintenance of an early intervention website. |
The lead agency shall post and keep posted on this website |
the following: (i) the current annual report required |
under subdivision (b)(5) of Section 10-30 of this Act, and |
the annual reports of the prior 3 years, (ii) the most |
recent Illinois application for funds prepared under |
Section 637 of the Individuals with Disabilities Education |
Act filed with the United States Department of Education, |
(iii) proposed modifications of the application prepared |
for public comment, (iv) notice of Council meetings, |
Council agendas, and minutes of its proceedings for at |
least the previous year, (v) proposed and final early |
intervention rules, and (vi) all reports created for |
dissemination to the public that are related to the early |
intervention program, including reports prepared at the |
request of the Council and the General Assembly. Each such |
document shall be posted on the website within 3 working |
days after the document's completion. |
(g) Before adopting any new policy or procedure |
(including any revisions to an existing policy or |
procedure) needed to comply with Part C of the Individuals |
with Disabilities Education Act, the lead agency must hold |
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public hearings on the new policy or procedure, provide |
notice of the hearings at least 30 days before the |
hearings are conducted to enable public participation, and |
provide an opportunity for the general public, including |
individuals with disabilities and parents of infants and |
toddlers with disabilities, early intervention providers, |
and members of the Council to comment for at least 30 days |
on the new policy or procedure needed to comply with Part C |
of the Individuals with Disabilities Education Act and |
with 34 CFR Part 300 and Part 303.
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Section 10-40. Local structure and interagency councils. |
The lead agency, in conjunction with the Council and as |
defined by administrative rule, shall define local service |
areas and define the geographic boundaries of each so that all |
areas of the State are included in a local service area but no |
area of the State is included in more than one service area. In |
each local service area, the lead agency shall designate a |
regional entity responsible for the assessment of eligibility |
and services and a local interagency council responsible for |
coordination and design of child find and public awareness. |
The regional entity shall be responsible for staffing the |
local council, carrying out child find and public awareness |
activities, and providing advocacy for eligible families |
within the given geographic area. The regional entity is the |
prime contractor responsible to the lead agency for |
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implementation of this Act. |
The lead agency, in conjunction with the Council, shall |
create local interagency councils. Members of each local |
interagency council shall include, but not be limited to, the |
following: parents; representatives from coordination and |
advocacy service providers; local education agencies; other |
local public and private service providers; representatives |
from State agencies at the local level; and others deemed |
necessary by the local council. |
Local interagency councils shall: |
(a) assist in the development of collaborative |
agreements between local service providers, diagnostic and |
other agencies providing additional services to the child |
and family; |
(b) assist in conducting local needs assessments and |
planning efforts; |
(c) identify and resolve local access issues; |
(d) conduct collaborative child find activities; |
(e) coordinate public awareness initiatives; |
(f) coordinate local planning and evaluation; |
(g) assist in the recruitment of specialty personnel; |
(h) develop plans for facilitating transition and |
integration of eligible children and families into the |
community; |
(i) facilitate conflict resolution at the local level; |
and |
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(j) report annually to the Council.
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Section 10-45. Essential components of the statewide |
service system. As required by federal laws and regulations, a |
statewide system of coordinated, comprehensive, interagency |
and interdisciplinary programs shall be established and |
maintained. The framework of the statewide system shall be |
based on the components set forth in this Section. This |
framework shall be used for planning, implementation, |
coordination and evaluation of the statewide system of locally |
based early intervention services. |
The statewide system shall include, at a minimum: |
(a) a definition of the term "developmentally |
delayed", in accordance with the definition in Section |
10-15, that will be used in Illinois in carrying out |
programs under this Act; |
(b) timetables for ensuring that appropriate early |
intervention services, based on scientifically based |
research, to the extent practicable, will be available to |
all eligible infants and toddlers in this State after the |
effective date of this Act; |
(c) a timely, comprehensive, multidisciplinary |
evaluation of each potentially eligible infant and toddler |
in this State, unless the child meets the definition of |
eligibility based upon his or her medical and other |
records; for a child determined eligible, a |
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multidisciplinary assessment of the unique strengths and |
needs of that infant or toddler and the identification of |
services appropriate to meet those needs and a |
family-directed assessment of the resources, priorities, |
and concerns of the family and the identification of |
supports and services necessary to enhance the family's |
capacity to meet the developmental needs of that infant or |
toddler; |
(d) for each eligible infant and toddler, an |
Individualized Family Service Plan, including service |
coordination (case management) services; |
(e) a comprehensive child find system, consistent with |
Part B of the Individuals with Disabilities Education Act |
(20 United States Code 1411 through 1420 and as set forth |
in 34 CFR 300.115), which includes timelines and provides |
for participation by primary referral sources; |
(f) a public awareness program focusing on early |
identification of eligible infants and toddlers; |
(g) a central directory which includes public and |
private early intervention services, resources, and |
experts available in this State, professional and other |
groups (including parent support groups and training and |
information centers) that provide assistance to infants |
and toddlers with disabilities who are eligible for early |
intervention programs assisted under Part C of the |
Individuals with Disabilities Education Act and their |
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families, and research and demonstration projects being |
conducted in this State relating to infants and toddlers |
with disabilities; |
(h) a comprehensive system of personnel development; |
(i) a policy pertaining to the contracting or making |
of other arrangements with public and private service |
providers to provide early intervention services in this |
State, consistent with the provisions of this Act, |
including the contents of the application used and the |
conditions of the contract or other arrangements; |
(j) a procedure for securing timely reimbursement of |
funds; |
(k) procedural safeguards with respect to programs |
under this Act; |
(l) policies and procedures relating to the |
establishment and maintenance of standards to ensure that |
personnel necessary to carry out this Act are |
appropriately and adequately prepared and trained; |
(m) a system of evaluation of, and compliance with, |
program standards; |
(n) a system for compiling data on the numbers of |
eligible infants and toddlers and their families in this |
State in need of appropriate early intervention services; |
the numbers served; the types of services provided; and |
other information required by the State or federal |
government; and |
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(o) a single line of responsibility in a lead agency |
designated by the Governor to carry out its |
responsibilities as required by this Act. |
In addition to these required components, linkages may be |
established within a local community area among the prenatal |
initiatives affording services to high risk pregnant women. |
Additional linkages among at risk programs and local literacy |
programs may also be established. |
On and after July 1, 2026, the Department of Early |
Childhood shall continue implementation of the 5-fiscal-year |
implementation plan that was created by the Department of |
Human Services with the concurrence of the Interagency Council |
on Early Intervention. The plan shall list specific activities |
to be accomplished each year, with cost estimates for each |
activity. The lead agency shall, with the concurrence of the |
Interagency Council, submit to the Governor's Office a report |
on accomplishments of the previous year and a revised list of |
activities for the remainder of the 5-fiscal-year plan, with |
cost estimates for each. The Governor shall certify that |
specific activities in the plan for the previous year have |
been substantially completed before authorizing relevant State |
or local agencies to implement activities listed in the |
revised plan that depend substantially upon completion of one |
or more of the earlier activities.
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Section 10-50. Authority to adopt rules. The lead agency |
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shall adopt rules under this Act. These rules shall reflect |
the intent of federal regulations adopted under Part C of the |
Individuals with Disabilities Education Improvement Act of |
2004 (Sections 1431 through 1444 of Title 20 of the United |
States Code).
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Section 10-55. Role of other State entities. The |
Departments of Public Health, Early Childhood, Human Services, |
Children and Family Services, and Healthcare and Family |
Services; the University of Illinois Division of Specialized |
Care for Children; the State Board of Education; and any other |
State agency which directly or indirectly provides or |
administers early intervention services shall adopt compatible |
rules for the provision of services to eligible infants and |
toddlers and their families by July 1, 2026. |
These agencies shall enter into and maintain formal |
interagency agreements to enable the State and local agencies |
serving eligible children and their families to establish |
working relationships that will increase the efficiency and |
effectiveness of their early intervention services. The |
agreements shall outline the administrative, program and |
financial responsibilities of the relevant State agencies and |
shall implement a coordinated service delivery system through |
local interagency agreements. |
There shall be created in the Office of the Governor an |
Early Childhood Intervention Ombudsman to assist families and |
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local parties in ensuring that all State agencies serving |
eligible families do so in a comprehensive and collaborative |
manner. The Governor shall appoint the Ombudsman, which shall |
be a continuation of the position that was created under |
Section 9 of the Early Intervention Services System Act and |
that is repealed on July 1, 2026 by Section 20.1 of the Early |
Intervention Services System Act.
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Section 10-60. Standards. The Council and the lead agency, |
with assistance from parents and providers, shall develop and |
promulgate policies and procedures relating to the |
establishment and implementation of program and personnel |
standards to ensure that services provided are consistent with |
any State-approved or recognized certification, licensing, |
registration, or other comparable requirements which apply to |
the area of early intervention program service standards. Only |
State-approved public or private early intervention service |
providers shall be eligible to receive State and federal |
funding for early intervention services. All early childhood |
intervention staff shall hold the highest entry requirement |
necessary for that position. |
To be a State-approved early intervention service |
provider, an individual (i) shall not have served or |
completed, within the preceding 5 years, a sentence for |
conviction of any felony that the lead agency establishes by |
rule and (ii) shall not have been indicated as a perpetrator of |
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child abuse or neglect, within the preceding 5 years, in an |
investigation by Illinois (pursuant to the Abused and |
Neglected Child Reporting Act) or another state. The Lead |
Agency is authorized to receive criminal background checks for |
such providers and persons applying to be such a provider and |
to receive child abuse and neglect reports regarding indicated |
perpetrators who are applying to provide or currently |
authorized to provide early intervention services in Illinois. |
Beginning January 1, 2004, every provider of State-approved |
early intervention services and every applicant to provide |
such services must authorize, in writing and in the form |
required by the lead agency, a State and FBI criminal |
background check, as requested by the Department, and check of |
child abuse and neglect reports regarding the provider or |
applicant as a condition of authorization to provide early |
intervention services. The lead agency shall use the results |
of the checks only to determine State approval of the early |
intervention service provider and shall not re-release the |
information except as necessary to accomplish that purpose.
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Section 10-65. Individualized Family Service Plans. |
(a) Each eligible infant or toddler and that infant's or |
toddler's family shall receive: |
(1) timely, comprehensive, multidisciplinary |
assessment of the unique strengths and needs of each |
eligible infant and toddler, and assessment of the |
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concerns and priorities of the families to appropriately |
assist them in meeting their needs and identify supports |
and services to meet those needs; and |
(2) a written Individualized Family Service Plan |
developed by a multidisciplinary team which includes the |
parent or guardian. The individualized family service plan |
shall be based on the multidisciplinary team's assessment |
of the resources, priorities, and concerns of the family |
and its identification of the supports and services |
necessary to enhance the family's capacity to meet the |
developmental needs of the infant or toddler, and shall |
include the identification of services appropriate to meet |
those needs, including the frequency, intensity, and |
method of delivering services. During and as part of the |
initial development of the individualized family services |
plan, and any periodic reviews of the plan, the |
multidisciplinary team may seek consultation from the lead |
agency's designated experts, if any, to help determine |
appropriate services and the frequency and intensity of |
those services. All services in the individualized family |
services plan must be justified by the multidisciplinary |
assessment of the unique strengths and needs of the infant |
or toddler and must be appropriate to meet those needs. At |
the periodic reviews, the team shall determine whether |
modification or revision of the outcomes or services is |
necessary. |
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(b) The Individualized Family Service Plan shall be |
evaluated once a year and the family shall be provided a review |
of the Plan at 6-month intervals or more often where |
appropriate based on infant or toddler and family needs. The |
lead agency shall create a quality review process regarding |
Individualized Family Service Plan development and changes |
thereto, to monitor and help ensure that resources are being |
used to provide appropriate early intervention services. |
(c) The initial evaluation and initial assessment and |
initial Plan meeting must be held within 45 days after the |
initial contact with the early intervention services system. |
The 45-day timeline does not apply for any period when the |
child or parent is unavailable to complete the initial |
evaluation, the initial assessments of the child and family, |
or the initial Plan meeting, due to exceptional family |
circumstances that are documented in the child's early |
intervention records, or when the parent has not provided |
consent for the initial evaluation or the initial assessment |
of the child despite documented, repeated attempts to obtain |
parental consent. As soon as exceptional family circumstances |
no longer exist or parental consent has been obtained, the |
initial evaluation, the initial assessment, and the initial |
Plan meeting must be completed as soon as possible. With |
parental consent, early intervention services may commence |
before the completion of the comprehensive assessment and |
development of the Plan. All early intervention services shall |
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be initiated as soon as possible but not later than 30 calendar |
days after the consent of the parent or guardian has been |
obtained for the individualized family service plan, in |
accordance with rules adopted by the lead agency. |
(d) Parents must be informed that early intervention |
services shall be provided to each eligible infant and |
toddler, to the maximum extent appropriate, in the natural |
environment, which may include the home or other community |
settings. Parents must also be informed of the availability of |
early intervention services provided through telehealth |
services. Parents shall make the final decision to accept or |
decline early intervention services, including whether |
accepted services are delivered in person or via telehealth |
services. A decision to decline such services shall not be a |
basis for administrative determination of parental fitness, or |
other findings or sanctions against the parents. Parameters of |
the Plan shall be set forth in rules. |
(e) The regional intake offices shall explain to each |
family, orally and in writing, all of the following: |
(1) That the early intervention program will pay for |
all early intervention services set forth in the |
individualized family service plan that are not covered or |
paid under the family's public or private insurance plan |
or policy and not eligible for payment through any other |
third party payor. |
(2) That services will not be delayed due to any rules |
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or restrictions under the family's insurance plan or |
policy. |
(3) That the family may request, with appropriate |
documentation supporting the request, a determination of |
an exemption from private insurance use under Section |
10-100. |
(4) That responsibility for co-payments or |
co-insurance under a family's private insurance plan or |
policy will be transferred to the lead agency's central |
billing office. |
(5) That families will be responsible for payments of |
family fees, which will be based on a sliding scale |
according to the State's definition of ability to pay |
which is comparing household size and income to the |
sliding scale and considering out-of-pocket medical or |
disaster expenses, and that these fees are payable to the |
central billing office. Families who fail to provide |
income information shall be charged the maximum amount on |
the sliding scale. |
(f) The individualized family service plan must state |
whether the family has private insurance coverage and, if the |
family has such coverage, must have attached to it a copy of |
the family's insurance identification card or otherwise |
include all of the following information: |
(1) The name, address, and telephone number of the |
insurance carrier. |
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(2) The contract number and policy number of the |
insurance plan. |
(3) The name, address, and social security number of |
the primary insured. |
(4) The beginning date of the insurance benefit year. |
(g) A copy of the individualized family service plan must |
be provided to each enrolled provider who is providing early |
intervention services to the child who is the subject of that |
plan. |
(h) Children receiving services under this Act shall |
receive a smooth and effective transition by their third |
birthday consistent with federal regulations adopted pursuant |
to Sections 1431 through 1444 of Title 20 of the United States |
Code. Beginning January 1, 2022, children who receive early |
intervention services prior to their third birthday and are |
found eligible for an individualized education program under |
the Individuals with Disabilities Education Act, 20 U.S.C. |
1414(d)(1)(A), and under Section 14-8.02 of the School Code |
and whose birthday falls between May 1 and August 31 may |
continue to receive early intervention services until the |
beginning of the school year following their third birthday in |
order to minimize gaps in services, ensure better continuity |
of care, and align practices for the enrollment of preschool |
children with special needs to the enrollment practices of |
typically developing preschool children.
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Section 10-70. Procedural safeguards. The lead agency |
shall adopt procedural safeguards that meet federal |
requirements and ensure effective implementation of the |
safeguards for families by each public agency involved in the |
provision of early intervention services under this Act. |
The procedural safeguards shall provide, at a minimum, the |
following: |
(a) The timely administrative resolution of State |
complaints, due process hearings, and mediations as defined by |
administrative rule. |
(b) The right to confidentiality of personally |
identifiable information. |
(c) The opportunity for parents and a guardian to examine |
and receive copies of records relating to evaluations and |
assessments, screening, eligibility determinations, and the |
development and implementation of the Individualized Family |
Service Plan provision of early intervention services, |
individual complaints involving the child, or any part of the |
child's early intervention record. |
(d) Procedures to protect the rights of the eligible |
infant or toddler whenever the parents or guardians of the |
child are not known or unavailable or the child is a youth in |
care as defined in Section 4d of the Children and Family |
Services Act, including the assignment of an individual (who |
shall not be an employee of the State agency or local agency |
providing services) to act as a surrogate for the parents or |
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guardian. The regional intake entity must make reasonable |
efforts to ensure the assignment of a surrogate parent not |
more than 30 days after a public agency determines that the |
child needs a surrogate parent. |
(e) Timely written prior notice to the parents or guardian |
of the eligible infant or toddler whenever the State agency or |
public or private service provider proposes to initiate or |
change or refuses to initiate or change the identification, |
evaluation, placement, or the provision of appropriate early |
intervention services to the eligible infant or toddler. |
(f) Written prior notice to fully inform the parents or |
guardians, in their native language or mode of communication |
used by the parent, unless clearly not feasible to do so, in a |
comprehensible manner, of these procedural safeguards. |
(g) During the pendency of any State complaint procedure, |
due process hearing, or mediation involving a complaint, |
unless the State agency and the parents or guardian otherwise |
agree, the child shall continue to receive the appropriate |
early intervention services currently being provided, or in |
the case of an application for initial services, the child |
shall receive the services not in dispute.
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Section 10-75. Funding and fiscal responsibility. |
(a) The lead agency and every other participating State |
agency may receive and expend funds appropriated by the |
General Assembly to implement the early intervention services |
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system as required by this Act. |
(b) The lead agency and each participating State agency |
shall identify and report on an annual basis to the Council the |
State agency funds used for the provision of early |
intervention services to eligible infants and toddlers. |
(c) Funds provided under Section 633 of the Individuals |
with Disabilities Education Act (20 United States Code 1433) |
and State funds designated or appropriated for early |
intervention services or programs may not be used to satisfy a |
financial commitment for services which would have been paid |
for from another public or private source but for the |
enactment of this Act, except whenever considered necessary to |
prevent delay in receiving appropriate early intervention |
services by the eligible infant or toddler or family in a |
timely manner. "Public or private source" includes public and |
private insurance coverage. |
Funds provided under Section 633 of the Individuals with |
Disabilities Education Act and State funds designated or |
appropriated for early intervention services or programs may |
be used by the lead agency to pay the provider of services (A) |
pending reimbursement from the appropriate State agency or (B) |
if (i) the claim for payment is denied in whole or in part by a |
public or private source, or would be denied under the written |
terms of the public program or plan or private plan, or (ii) |
use of private insurance for the service has been exempted |
under Section 10-100. Payment under item (B)(i) may be made |
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based on a pre-determination telephone inquiry supported by |
written documentation of the denial supplied thereafter by the |
insurance carrier. |
(d) Nothing in this Act shall be construed to permit the |
State to reduce medical or other assistance available or to |
alter eligibility under Title V and Title XIX of the Social |
Security Act relating to the Maternal Child Health Program and |
Medicaid for eligible infants and toddlers in this State. |
(e) The lead agency shall create a central billing office |
to receive and dispense all relevant State and federal |
resources, as well as local government or independent |
resources available, for early intervention services. This |
office shall assure that maximum federal resources are |
utilized and that providers receive funds with minimal |
duplications or interagency reporting and with consolidated |
audit procedures. |
(f) The lead agency shall, by rule, create a system of |
payments by families, including a schedule of fees. No fees, |
however, may be charged for implementing child find, |
evaluation and assessment, service coordination, |
administrative and coordination activities related to the |
development, review, and evaluation of Individualized Family |
Service Plans, or the implementation of procedural safeguards |
and other administrative components of the statewide early |
intervention system. |
The system of payments, called family fees, shall be |
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structured on a sliding scale based on the family's ability to |
pay. The family's coverage or lack of coverage under a public |
or private insurance plan or policy shall not be a factor in |
determining the amount of the family fees. |
Each family's fee obligation shall be established |
annually, and shall be paid by families to the central billing |
office in installments. At the written request of the family, |
the fee obligation shall be adjusted prospectively at any |
point during the year upon proof of a change in family income |
or family size. The inability of the parents of an eligible |
child to pay family fees due to catastrophic circumstances or |
extraordinary expenses shall not result in the denial of |
services to the child or the child's family. A family must |
document its extraordinary expenses or other catastrophic |
circumstances by showing one of the following: (i) |
out-of-pocket medical expenses in excess of 15% of gross |
income; (ii) a fire, flood, or other disaster causing a direct |
out-of-pocket loss in excess of 15% of gross income; or (iii) |
other catastrophic circumstances causing out-of-pocket losses |
in excess of 15% of gross income. The family must present proof |
of loss to its service coordinator, who shall document it, and |
the lead agency shall determine whether the fees shall be |
reduced, forgiven, or suspended within 10 business days after |
the family's request. |
(g) To ensure that early intervention funds are used as |
the payor of last resort for early intervention services, the |
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lead agency shall determine at the point of early intervention |
intake, and again at any periodic review of eligibility |
thereafter or upon a change in family circumstances, whether |
the family is eligible for or enrolled in any program for which |
payment is made directly or through public or private |
insurance for any or all of the early intervention services |
made available under this Act. The lead agency shall establish |
procedures to ensure that payments are made either directly |
from these public and private sources instead of from State or |
federal early intervention funds, or as reimbursement for |
payments previously made from State or federal early |
intervention funds.
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Section 10-80. Other programs. |
(a) When an application or a review of eligibility for |
early intervention services is made, and at any eligibility |
redetermination thereafter, the family shall be asked if it is |
currently enrolled in any federally funded, Department of |
Healthcare and Family Services administered, medical programs, |
or the Title V program administered by the University of |
Illinois Division of Specialized Care for Children. If the |
family is enrolled in any of these programs, that information |
shall be put on the individualized family service plan and |
entered into the computerized case management system, and |
shall require that the individualized family services plan of |
a child who has been found eligible for services through the |
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Division of Specialized Care for Children state that the child |
is enrolled in that program. For those programs in which the |
family is not enrolled, a preliminary eligibility screen shall |
be conducted simultaneously for (i) medical assistance |
(Medicaid) under Article V of the Illinois Public Aid Code, |
(ii) children's health insurance program (any federally |
funded, Department of Healthcare and Family Services |
administered, medical programs) benefits under the Children's |
Health Insurance Program Act, and (iii) Title V maternal and |
child health services provided through the Division of |
Specialized Care for Children of the University of Illinois. |
(b) For purposes of determining family fees under |
subsection (f) of Section 10-75 and determining eligibility |
for the other programs and services specified in items (i) |
through (iii) of subsection (a), the lead agency shall develop |
and use, with the cooperation of the Department of Healthcare |
and Family Services and the Division of Specialized Care for |
Children of the University of Illinois, a screening device |
that provides sufficient information for the early |
intervention regional intake entities or other agencies to |
establish eligibility for those other programs and shall, in |
cooperation with the Illinois Department of Healthcare and |
Family Services and the Division of Specialized Care for |
Children, train the regional intake entities on using the |
screening device. |
(c) When a child is determined eligible for and enrolled |
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in the early intervention program and has been found to at |
least meet the threshold income eligibility requirements for |
any federally funded, Department of Healthcare and Family |
Services administered, medical programs, the regional intake |
entity shall complete an application for any federally funded, |
Department of Healthcare and Family Services administered, |
medical programs with the family and forward it to the |
Department of Healthcare and Family Services for a |
determination of eligibility. A parent shall not be required |
to enroll in any federally funded, Department of Healthcare |
and Family Services administered, medical programs as a |
condition of receiving services provided pursuant to Part C of |
the Individuals with Disabilities Education Act. |
(d) With the cooperation of the Department of Healthcare |
and Family Services, the lead agency shall establish |
procedures that ensure the timely and maximum allowable |
recovery of payments for all early intervention services and |
allowable administrative costs under Article V of the Illinois |
Public Aid Code and the Children's Health Insurance Program |
Act and shall include those procedures in the interagency |
agreement required under subsection (e) of Section 10-35 of |
Article 10 of this Act. |
(e) For purposes of making referrals for final |
determinations of eligibility for any federally funded, |
Department of Healthcare and Family Services administered, |
medical programs benefits under the Children's Health |
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Insurance Program Act and for medical assistance under Article |
V of the Illinois Public Aid Code, the lead agency shall |
require each early intervention regional intake entity to |
enroll as an application agent in order for the entity to |
complete any federally funded, Department of Healthcare and |
Family Services administered, medical programs application as |
authorized under Section 22 of the Children's Health Insurance |
Program Act. |
(f) For purposes of early intervention services that may |
be provided by the Division of Specialized Care for Children |
of the University of Illinois (DSCC), the lead agency shall |
establish procedures whereby the early intervention regional |
intake entities may determine whether children enrolled in the |
early intervention program may also be eligible for those |
services, and shall develop, (i) the interagency agreement |
required under subsection (e) of Section 10-35 of this Act, |
establishing that early intervention funds are to be used as |
the payor of last resort when services required under an |
individualized family services plan may be provided to an |
eligible child through the DSCC, and (ii) training guidelines |
for the regional intake entities and providers that explain |
eligibility and billing procedures for services through DSCC. |
(g) The lead agency shall require that an individual |
applying for or renewing enrollment as a provider of services |
in the early intervention program state whether or not he or |
she is also enrolled as a DSCC provider. This information |
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shall be noted next to the name of the provider on the |
computerized roster of Illinois early intervention providers, |
and regional intake entities shall make every effort to refer |
families eligible for DSCC services to these providers.
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Section 10-85. Private health insurance; assignment. The |
lead agency shall determine, at the point of new applications |
for early intervention services, and for all children enrolled |
in the early intervention program, at the regional intake |
offices, whether the child is insured under a private health |
insurance plan or policy.
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Section 10-90. Billing of insurance carrier. |
(a) Subject to the restrictions against private insurance |
use on the basis of material risk of loss of coverage, as |
determined under Section 10-100, each enrolled provider who is |
providing a family with early intervention services shall bill |
the child's insurance carrier for each unit of early |
intervention service for which coverage may be available. The |
lead agency may exempt from the requirement of this paragraph |
any early intervention service that it has deemed not to be |
covered by insurance plans. When the service is not exempted, |
providers who receive a denial of payment on the basis that the |
service is not covered under any circumstance under the plan |
are not required to bill that carrier for that service again |
until the following insurance benefit year. That explanation |
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of benefits denying the claim, once submitted to the central |
billing office, shall be sufficient to meet the requirements |
of this paragraph as to subsequent services billed under the |
same billing code provided to that child during that insurance |
benefit year. Any time limit on a provider's filing of a claim |
for payment with the central billing office that is imposed |
through a policy, procedure, or rule of the lead agency shall |
be suspended until the provider receives an explanation of |
benefits or other final determination of the claim it files |
with the child's insurance carrier. |
(b) In all instances when an insurance carrier has been |
billed for early intervention services, whether paid in full, |
paid in part, or denied by the carrier, the provider must |
provide the central billing office, within 90 days after |
receipt, with a copy of the explanation of benefits form and |
other information in the manner prescribed by the lead agency. |
(c) When the insurance carrier has denied the claim or |
paid an amount for the early intervention service billed that |
is less than the current State rate for early intervention |
services, the provider shall submit the explanation of |
benefits with a claim for payment, and the lead agency shall |
pay the provider the difference between the sum actually paid |
by the insurance carrier for each unit of service provided |
under the individualized family service plan and the current |
State rate for early intervention services. The State shall |
also pay the family's co-payment or co-insurance under its |
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plan, but only to the extent that those payments plus the |
balance of the claim do not exceed the current State rate for |
early intervention services. The provider may under no |
circumstances bill the family for the difference between its |
charge for services and that which has been paid by the |
insurance carrier or by the State.
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Section 10-95. Families with insurance coverage. |
(a) Families of children with insurance coverage, whether |
public or private, shall incur no greater or less direct |
out-of-pocket expenses for early intervention services than |
families who are not insured. |
(b) Managed care plans. |
(1) Use of managed care network providers. When a |
family's insurance coverage is through a managed care |
arrangement with a network of providers that includes one |
or more types of early intervention specialists who |
provide the services set forth in the family's |
individualized family service plan, the regional intake |
entity shall require the family to use those network |
providers, but only to the extent that: |
(A) the network provider is immediately available |
to receive the referral and to begin providing |
services to the child; |
(B) the network provider is enrolled as a provider |
in the Illinois early intervention system and fully |
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credentialed under the current policy or rule of the |
lead agency; |
(C) the network provider can provide the services |
to the child in the manner required in the |
individualized service plan; |
(D) the family would not have to travel more than |
an additional 15 miles or an additional 30 minutes to |
the network provider than it would have to travel to a |
non-network provider who is available to provide the |
same service; and |
(E) the family's managed care plan does not allow |
for billing (even at a reduced rate or reduced |
percentage of the claim) for early intervention |
services provided by non-network providers. |
(2) Transfers from non-network to network providers. |
If a child has been receiving services from a non-network |
provider and the regional intake entity determines, at the |
time of enrollment in the early intervention program or at |
any point thereafter, that the family is enrolled in a |
managed care plan, the regional intake entity shall |
require the family to transfer to a network provider |
within 45 days after that determination, but within no |
more than 60 days after the effective date of this Act, if: |
(A) all the requirements of subdivision (b)(1) of |
this Section have been met; and |
(B) the child is less than 26 months of age. |
|
(3) Waivers. The lead agency may fully or partially |
waive the network enrollment requirements of subdivision |
(b)(1) of this Section and the transfer requirements of |
subdivision (b)(2) of this Section as to a particular |
region, or narrower geographic area, if it finds that the |
managed care plans in that area are not allowing further |
enrollment of early intervention providers and it finds |
that referrals or transfers to network providers could |
cause an overall shortage of early intervention providers |
in that region of the State or could cause delays in |
families securing the early intervention services set |
forth in individualized family services plans. |
(4) The lead agency, in conjunction with any entities |
with which it may have contracted for the training and |
credentialing of providers, the local interagency council |
for early intervention, the regional intake entity, and |
the enrolled providers in each region who wish to |
participate, shall cooperate in developing a matrix and |
action plan that (A) identifies both (i) which early |
intervention providers and which fully credentialed early |
intervention providers are members of the managed care |
plans that are used in the region by families with |
children in the early intervention program, and (ii) which |
early intervention services, with what restrictions, if |
any, are covered under those plans, (B) identifies which |
credentialed specialists are members of which managed care |
|
plans in the region, and (C) identifies the various |
managed care plans to early intervention providers, |
encourages their enrollment in the area plans, and |
provides them with information on how to enroll. These |
matrices shall be complete no later than 7 months after |
the effective date of this Act, and shall be provided to |
the Early Intervention Legislative Advisory Committee at |
that time. The lead agency shall work with networks that |
may have closed enrollment to additional providers to |
encourage their admission of early intervention providers, |
and shall report to the Early Intervention Legislative |
Advisory Committee on the initial results of these efforts |
no later than February 1, 2002.
|
Section 10-100. Private insurance; exemption. |
(a) The lead agency shall establish procedures for a |
family whose child is eligible to receive early intervention |
services to apply for an exemption restricting the use of its |
private insurance plan or policy based on material risk of |
loss of coverage as authorized under subsection (c) of this |
Section. |
(b) The lead agency shall make a final determination on a |
request for an exemption within 10 business days after its |
receipt of a written request for an exemption at the regional |
intake entity. During those 10 days, no claims may be filed |
against the insurance plan or policy. If the exemption is |
|
granted, it shall be noted on the individualized family |
service plan, and the family and the providers serving the |
family shall be notified in writing of the exemption. |
(c) An exemption may be granted on the basis of material |
risk of loss of coverage only if the family submits |
documentation with its request for an exemption that |
establishes (i) that the insurance plan or policy covering the |
child is an individually purchased plan or policy and has been |
purchased by a head of a household that is not eligible for a |
group medical insurance plan, (ii) that the policy or plan has |
a lifetime cap that applies to one or more specific types of |
early intervention services specified in the family's |
individualized family service plan, and that coverage could be |
exhausted during the period covered by the individualized |
family service plan, or (iii) proof of another risk that the |
lead agency, in its discretion, may have additionally |
established and defined as a ground for exemption by rule. |
(d) An exemption under this Section based on material risk |
of loss of coverage may apply to all early intervention |
services and all plans or policies insuring the child, may be |
limited to one or more plans or policies, or may be limited to |
one or more types of early intervention services in the |
child's individualized family services plan.
|
Section 10-105. System of personnel development. The lead |
agency shall provide training to early intervention providers |
|
and may enter into contracts to meet this requirement in |
accordance with Section 1-30(c) of this Act. This training |
shall include, at minimum, the following types of instruction: |
(a) Courses in birth-to-3 evaluation and treatment of |
children with developmental disabilities and delays (1) that |
are taught by fully credentialed early intervention providers |
or educators with substantial experience in evaluation and |
treatment of children from birth to age 3 with developmental |
disabilities and delays, (2) that cover these topics within |
each of the disciplines of audiology, occupational therapy, |
physical therapy, speech and language pathology, and |
developmental therapy, including the social-emotional domain |
of development, (3) that are held no less than twice per year, |
(4) that offer no fewer than 20 contact hours per year of |
course work, (5) that are held in no fewer than 5 separate |
locales throughout the State, and (6) that give enrollment |
priority to early intervention providers who do not meet the |
experience, education, or continuing education requirements |
necessary to be fully credentialed early intervention |
providers; and |
(b) Courses held no less than twice per year for no fewer |
than 4 hours each in no fewer than 5 separate locales |
throughout the State each on the following topics: |
(1) Practice and procedures of private insurance |
billing. |
(2) The role of the regional intake entities; service |
|
coordination; program eligibility determinations; family |
fees; any federally funded, Department of Healthcare and |
Family Services administered, medical programs, and |
Division of Specialized Care applications, referrals, and |
coordination with Early Intervention; and procedural |
safeguards. |
(3) Introduction to the early intervention program, |
including provider enrollment and credentialing, overview |
of Early Intervention program policies and rules, and |
billing requirements. |
(4) Evaluation and assessment of birth-to-3 children; |
individualized family service plan development, |
monitoring, and review; best practices; service |
guidelines; and quality assurance.
|
Section 10-110. Contracting. In accordance with Section |
1-30(c) of this Act, the lead agency may enter into contracts |
for some or all of its responsibilities under this Act, |
including, but not limited to: credentialing and enrolling |
providers; training under Section 10-105; maintaining a |
central billing office; data collection and analysis; |
establishing and maintaining a computerized case management |
system accessible to local referral offices and providers; |
creating and maintaining a system for provider credentialing |
and enrollment; creating and maintaining the central directory |
required under subsection (g) of Section 10-45 of this Act; |
|
and program operations. Contracts with or grants to regional |
intake entities must be made subject to public bid under a |
request for proposals process.
|
Section 10-120. Early Intervention Services Revolving |
Fund. The Early Intervention Services Revolving Fund, created |
by Public Act 89-106, shall be held by the lead agency. |
The Early Intervention Services Revolving Fund shall be |
used to the extent determined necessary by the lead agency to |
pay for early intervention services. |
Local Accounts for such purposes may be established by the |
lead agency. |
Expenditures from the Early Intervention Services |
Revolving Fund shall be made in accordance with applicable |
program provisions and shall be limited to those purposes and |
amounts specified under applicable program guidelines. Funding |
of the Fund shall be from family fees, insurance company |
payments, federal financial participation received as |
reimbursement for expenditures from the Fund, and |
appropriations made to the State agencies involved in the |
payment for early intervention services under this Act. |
Disbursements from the Early Intervention Services |
Revolving Fund shall be made as determined by the lead agency |
or its designee. Funds in the Early Intervention Services |
Revolving Fund or the local accounts created under this |
Section that are not immediately required for expenditure may |
|
be invested in certificates of deposit or other interest |
bearing accounts. Any interest earned shall be deposited in |
the Early Intervention Services Revolving Fund.
|
ARTICLE 15. POWERS AND DUTIES RELATING TO HOME-VISITING AND |
PRESCHOOL SERVICES
|
Section 15-5. Transition of administrative |
responsibilities related to home-visiting services Beginning |
July 1, 2024, the Department of Early Childhood and the |
Department of Human Services shall collaborate and plan for |
the transition of administrative responsibilities related to |
home-visiting services as prescribed in Section 10-16 of the |
Department of Human Services Act.
|
Section 15-10. Home visiting program. |
(a) The General Assembly finds that research-informed home |
visiting programs work to strengthen families' functioning and |
support parents in caring for their children to ensure optimal |
child development. |
(b) Through June 30, 2026, the Department of Human |
Services shall administer a home visiting program to support |
communities in providing intensive home visiting programs to |
pregnant persons and families with children from birth up to |
elementary school enrollment. Services shall be offered on a |
voluntary basis to families. In awarding grants under the |
|
program, the Department of Human Services shall prioritize |
populations or communities in need of such services, as |
determined by the Department of Human Services, based on data |
including, but not limited to, statewide home visiting needs |
assessments. Eligibility under the program shall also take |
into consideration requirements of the federal Maternal, |
Infant, and Early Childhood Home Visiting Program and Head |
Start and Early Head Start to ensure appropriate alignment. |
The overall goals for these services are to: |
(1) improve maternal and newborn health; |
(2) prevent child abuse and neglect; |
(3) promote children's development and readiness to |
participate in school; and |
(4) connect families to needed community resources |
and supports. |
(b-5) On and after July 1, 2026, the Department of Early |
Childhood shall establish and administer a home visiting |
program to support communities in providing intensive home |
visiting programs to pregnant persons and families with |
children from birth up to elementary school enrollment. |
(c) Allowable uses of funding include: |
(1) Grants to community-based organizations to |
implement home visiting and family support services with |
fidelity to research-informed home visiting program |
models, as defined by the Department. Services may |
include, but are not limited to: |
|
(A) personal visits with a child and the child's |
parent or caregiver at a periodicity aligned with the |
model being implemented; |
(B) opportunities for connections with other |
parents and caregivers in their community and other |
social and community supports; |
(C) enhancements to research-informed home |
visiting program models based on community needs |
including doula services, and other program |
innovations as approved by the Department; and |
(D) referrals to other resources needed by |
families. |
(2) Infrastructure supports for grantees, including, |
but not limited to, professional development for the |
workforce, technical assistance and capacity-building, |
data system and supports, infant and early childhood |
mental health consultation, trauma-informed practices, |
research, universal newborn screening, and coordinated |
intake. |
(d) Subject to appropriation, the Department administering |
home-visiting programs subject to Section 15-10 (b) and |
Section 15-10(b-5) shall award grants to community-based |
agencies in accordance with this Section and any other rules |
that may be adopted by the Department. Successful grantees |
under this program shall comply with policies and procedures |
on program, data, and expense reporting as developed by the |
|
Department. |
(e) Funds received under this Section shall supplement, |
not supplant, other existing or new federal, State, or local |
sources of funding for these services. Any new federal funding |
received shall supplement and not supplant funding for this |
program. |
(f) The Department administering home-visiting programs |
subject to Section 15-10 (b) and Section 15-10(b-5) shall |
collaborate with relevant agencies to support the coordination |
and alignment of home visiting services provided through other |
State and federal funds, to the extent possible. The |
Department administering home-visiting programs subject to |
Section 15-10 (b) and Section 15-10(b-5) shall collaborate |
with the State Board of Education, the Department of |
Healthcare and Family Services, and Head Start and Early Head |
Start in the implementation of these services to support |
alignment with home visiting services provided through the |
Early Childhood Block Grant and the State's Medical Assistance |
Program, respectively, to the extent possible. |
(g) An advisory committee shall advise the Department |
administering home-visiting programs subject to Section |
15-10(b) and Section 15-10(b-5) concerning the implementation |
of the home visiting program. The advisory committee shall |
make recommendations on policy and implementation. The |
Department shall determine whether the advisory committee |
shall be a newly created body or an existing body such as a |
|
committee of the Illinois Early Learning Council. The advisory |
committee shall consist of one or more representatives of the |
Department, other members representing public and private |
entities that serve and interact with the families served |
under the home visiting program, with the input of families |
engaged in home visiting or related services themselves. |
Family input may be secured by engaging families as members of |
this advisory committee or as a separate committee of family |
representatives. |
(h) The Department of Early Childhood may adopt any rules |
necessary to implement this Section.
|
Section 15-15. Collaboration; planning. Beginning July 1, |
2024, the Department of Early Childhood shall collaborate with |
the Illinois State Board of Education on administration of the |
early childhood programs established in Sections 1C-2, 2-3.71, |
2-3.71a, and 2-3.89 of the School Code. The Department of |
Early Childhood and the Illinois State Board of Education |
shall plan for the transfer of administrative responsibilities |
that will occur on and after July 1, 2026.
|
Section 15-20. Programs concerning services to at-risk |
children and their families. |
(a) On and after July 1, 2026, the Department of Early |
Childhood may provide grants to eligible entities, as defined |
by the Department, to establish programs which offer |
|
coordinated services to at-risk infants and toddlers and their |
families. Each program shall include a parent education |
program relating to the development and nurturing of infants |
and toddlers and case management services to coordinate |
existing services available in the region served by the |
program. These services shall be provided through the |
implementation of an individual family service plan. Each |
program will have a community involvement component to provide |
coordination in the service system. |
(b) The Department shall administer the programs through |
the grants to public school districts and other eligible |
entities. These grants must be used to supplement, not |
supplant, funds received from any other source. School |
districts and other eligible entities receiving grants |
pursuant to this Section shall conduct voluntary, intensive, |
research-based, and comprehensive prevention services, as |
defined by the Department, for expecting parents and families |
with children from birth to age 3 who are at-risk of academic |
failure. A public school district that receives a grant under |
this Section may subcontract with other eligible entities. |
(c) The Department shall report to the General Assembly by |
July 1, 2028 and every 2 years thereafter, using the most |
current data available, on the status of programs funded under |
this Section, including without limitation characteristics of |
participants, services delivered, program models used, unmet |
needs, and results of the programs funded.
|
|
Section 15-25. Block grants. |
(a) Through June 30, 2026, the State Board of Education |
shall award block grants to school districts and other |
entities pursuant to Section 1C-2 of the School Code. |
(b) On and after July 1, 2026, the Department of Early |
Childhood shall award to school districts and other entities |
block grants as described in subsection (c). The Department of |
Early Childhood may adopt rules necessary to implement this |
Section. Block grants are subject to audit. Therefore, block |
grant receipts and block grant expenditures shall be recorded |
to the appropriate fund code. |
(c) An Early Childhood Education Block Grant shall be |
created by combining the following programs: Preschool |
Education, Parental Training and Prevention Initiative. These |
funds shall be distributed to school districts and other |
entities on a competitive basis, except that the Department of |
Early Childhood shall award to a school district having a |
population exceeding 500,000 inhabitants 37% of the funds in |
each fiscal year. Not less than 14% of the Early Childhood |
Education Block Grant allocation of funds shall be used to |
fund programs for children ages 0-3. Beginning in Fiscal Year |
2016, at least 25% of any additional Early Childhood Education |
Block Grant funding over and above the previous fiscal year's |
allocation shall be used to fund programs for children ages |
0-3. Once the percentage of Early Childhood Education Block |
|
Grant funding allocated to programs for children ages 0-3 |
reaches 20% of the overall Early Childhood Education Block |
Grant allocation for a full fiscal year, thereafter in |
subsequent fiscal years the percentage of Early Childhood |
Education Block Grant funding allocated to programs for |
children ages 0-3 each fiscal year shall remain at least 20% of |
the overall Early Childhood Education Block Grant allocation. |
However, if, in a given fiscal year, the amount appropriated |
for the Early Childhood Education Block Grant is insufficient |
to increase the percentage of the grant to fund programs for |
children ages 0-3 without reducing the amount of the grant for |
existing providers of preschool education programs, then the |
percentage of the grant to fund programs for children ages 0-3 |
may be held steady instead of increased. |
(d) A school district in a city having a population |
exceeding 500,000 is not required to file any application or |
other claim in order to receive the block grant to which it is |
entitled under this Section. The Department of Early Childhood |
shall make payments to the district of amounts due under the |
district's block grant on a schedule determined by the |
Department. A school district to which this Section applies |
shall report to the Department of Early Childhood on its use of |
the block grant in such form and detail as the Department may |
specify. In addition, the report must include the following |
description for the district, which must also be reported to |
the General Assembly: block grant allocation and expenditures |
|
by program; population and service levels by program; and |
administrative expenditures by program. The Department shall |
ensure that the reporting requirements for the district are |
the same as for all other school districts in this State. |
Beginning in Fiscal Year 2018, at least 25% of any additional |
Preschool Education, Parental Training, and Prevention |
Initiative program funding over and above the previous fiscal |
year's allocation shall be used to fund programs for children |
ages 0-3. Beginning in Fiscal Year 2018, funding for Preschool |
Education, Parental Training, and Prevention Initiative |
programs above the allocation for these programs in Fiscal |
Year 2017 must be used solely as a supplement for these |
programs and may not supplant funds received from other |
sources. |
(e) Reports. School districts and other entities that |
receive an Early Childhood Education Block Grant shall report |
to the Department of Early Childhood on its use of the block |
grant in such form and detail as the Department may specify. In |
addition, the report must include the following description |
for the district and other entities that receive an Early |
Childhood Block Grant, which must also be reported to the |
General Assembly: block grant allocation and expenditures by |
program; population and service levels by program; and |
administrative expenditures by program.
|
Section 15-30. Grants for preschool educational programs. |
|
(a) Preschool program. |
(1) Through June 30, 2026, The State Board of |
Education shall implement and administer a grant program |
to conduct voluntary preschool educational programs for |
children ages 3 to 5, which include a parent education |
component, pursuant to Section 2-3.71 of the School Code. |
(2) On and after July 1, 2026, the Department of Early |
Childhood shall implement and administer a grant program |
for school districts and other eligible entities, as |
defined by the Department, 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. |
(3) Except as otherwise provided under this subsection |
(a), any teacher of preschool children in the program |
authorized by this subsection shall hold a Professional |
Educator License with an early childhood education |
endorsement. |
(3.5) Beginning with the 2018-2019 school year and |
until the 2028-2029 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) Through June 30, 2026, the State Board of |
Education shall provide the primary source of funding |
through appropriations for the program. On and after July |
1, 2026, the Department of Early Childhood 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), 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. Through June 30, 2026, such screening procedures |
shall be based on criteria established by the State Board |
of Education. On and after July 1, 2026, such screening |
procedures shall be based on criteria established by the |
Department of Early Childhood. Except as otherwise |
provided in this paragraph (4), 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 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; |
and |
(L) providing comprehensive services for the |
neediest Illinois children and families. Through June |
30, 2026, if the appropriate local Head Start agency |
is unable or unwilling to enter into a memorandum of |
understanding as required under this paragraph (4), |
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. Through |
June 30, 2026, the State Board of Education shall |
|
compile all such written notices and make them |
available to the public. On and after July 1, 2026, if |
the appropriate local Head Start agency is unable or |
unwilling to enter into a memorandum of understanding |
as required under this paragraph (4), the memorandum |
of understanding requirement shall not apply and the |
grantee under the program must notify the Department |
of Early Childhood in writing of the Head Start |
agency's inability or unwillingness. The Department of |
Early Childhood shall compile all such written notices |
and make them available to the public. |
(5) Through June 30, 2026, 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. |
(5.1) On and after July 1, 2026, the Department of |
Early Childhood 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 Department of Early |
Childhood shall require school districts and other |
eligible entities to obtain consent from the parents or |
guardians of children before any evaluations are |
conducted. The Department of Early Childhood 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) Through June 30, 2026, 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. Through June |
30, 2026, the State Board of Education shall assess the |
academic progress of all students who have been enrolled |
in preschool educational programs. Through Fiscal Year |
2026, on or before November 1 of each fiscal year in which |
the General Assembly provides funding for new programs |
under paragraph (4) 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. |
(6.1) On and after July 1, 2026, the Department of |
Early Childhood shall report to the General Assembly by |
November 1, 2026 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. On |
and after July 1, 2026, the Department of Early Childhood |
shall assess the academic progress of all students who |
have been enrolled in preschool educational programs. |
Beginning in Fiscal Year 2027, on or before November 1 of |
each fiscal year in which the General Assembly provides |
funding for new programs under paragraph (4) of this |
Section, the Department of Early Childhood 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 |
decision-making. |
(B) The early childhood program shall, with |
parental or legal guardian consent as required, use 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 the School 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 use and the |
Department of Early Childhood, 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) Through June 30, 2026, 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 |
day. |
(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 |
year. |
(G-5) On and after July 1, 2026, early childhood |
programs shall annually report to the Department of |
|
Early Childhood, and beginning in Fiscal Year 2028, |
the Department of Early Childhood shall make available |
on a biennial basis, in a 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 |
day. |
(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 |
year. |
(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 Department of Early Childhood, in consultation |
with the Department of Children and Family Services, shall |
adopt rules to administer this paragraph (7). |
(b) Notwithstanding any other provisions of this Section, |
grantees may serve children ages 0 to 12 of essential workers |
if the Governor has declared a disaster due to a public health |
emergency pursuant to Section 7 of the Illinois Emergency |
Management Agency Act. The Department of Early Childhood may |
adopt rules to administer this subsection.
|
Section 15-35. Chronic absenteeism in preschool children. |
(a) In this Section, "chronic absence" means absences that |
total 10% or more of school days of the most recent academic |
school year, including absences with and without valid cause, |
as defined in Section 26-2a of the School Code. |
(b) The General Assembly makes all of the following |
findings: |
(1) The early years are an extremely important period |
in a child's learning and development. |
(2) Missed learning opportunities in the early years |
make it difficult for a child to enter kindergarten ready |
for success. |
(3) Attendance patterns in the early years serve as |
predictors of chronic absenteeism and reduced educational |
|
outcomes in later school years. Therefore, it is crucial |
that the implications of chronic absence be understood and |
reviewed regularly under the Preschool for All Program and |
Preschool for All Expansion Program under Section 15-30 of |
this Act. |
(c) The Preschool for All Program and Preschool for All |
Expansion Program under Section 15-30 of this Act shall |
collect and review its chronic absence data and determine what |
support and resources are needed to positively engage |
chronically absent students and their families to encourage |
the habit of daily attendance and promote success. |
(d) The Preschool for All Program and Preschool for All |
Expansion Program under Section 15-30 of this Act are |
encouraged to do all of the following: |
(1) Provide support to students who are at risk of |
reaching or exceeding chronic absence levels. |
(2) Make resources available to families, such as |
those available through the State Board of Education's |
Family Engagement Framework, to support and encourage |
families to ensure their children's daily program |
attendance. |
(3) Include information about chronic absenteeism as |
part of their preschool to kindergarten transition |
resources. |
(e) On or before July 1, 2020, and annually thereafter |
through June 30, 2026, the Preschool for All Program and |
|
Preschool for All Expansion Program shall report all data |
collected under subsection (c) of this Section to the State |
Board of Education, which shall make the report publicly |
available via the Illinois Early Childhood Asset Map Internet |
website and the Preschool for All Program or Preschool for All |
Expansion Program triennial report. |
(e-5) On and after July 1, 2026, the Preschool for All |
Program and Preschool for All Expansion Program shall report |
all data collected under subsection (c) to the Department of |
Early Childhood, which shall review the chronic absence data |
to determine what support and resources are needed to |
positively engage chronically absent students and their |
families to encourage the habit of daily attendance and |
promote success. The Department shall also report all data |
collected under this subsection and make a report publicly |
available via the Illinois Early Childhood Asset Map Internet |
website and the Preschool for All Program or Preschool for All |
Expansion Program triennial report.
|
Section 15-40. Restrictions on prekindergarten |
assessments. |
(a) In this Section: |
"Diagnostic and screening purposes" means for the purpose |
of determining if individual students need remedial |
instruction or to determine eligibility for special education, |
early intervention, bilingual education, dyslexia services, or |
|
other related educational services. Any assessment used to |
determine eligibility for special education or related |
services must be consistent with Section 614 of the federal |
Individuals with Disabilities Education Act. "Diagnostic and |
screening purposes" includes the identification and evaluation |
of students with disabilities. "Diagnostic and screening |
purposes" does not include any assessment in which student |
scores are used to rate or rank a classroom, program, teacher, |
school, school district, or jurisdiction. |
"Standardized assessment" means an assessment that |
requires all student test takers to answer the same questions, |
or a selection of questions from a common bank of questions, in |
the same manner or substantially the same questions in the |
same manner. "Standardized assessment" does not include an |
observational assessment tool used to satisfy the requirements |
of Section 2-3.64a-10 of the School Code. |
(b) Consistent with Section 2-3.64a-15 of the School Code, |
the Department of Early Childhood may not develop, purchase, |
or require a school district to administer, develop, or |
purchase a standardized assessment for students enrolled or |
preparing to enroll in prekindergarten, other than for |
diagnostic and screening purposes. |
(c) Consistent with Section 2-3.64a-15 of the School Code, |
the Department of Early Childhood may not provide funding for |
any standardized assessment of students enrolled or preparing |
to enroll in prekindergarten, other than for diagnostic and |
|
screening purposes. |
(d) Nothing in this Section shall be construed to limit |
the ability of a classroom teacher or school district to |
develop, purchase, administer, or score an assessment for an |
individual classroom, grade level, or group of grade levels in |
any subject area in prekindergarten. |
(e) Nothing in this Section limits procedures used by a |
school or school district for child find under 34 CFR |
300.111(c) or evaluation under 34 CFR 300.304. |
(f) Nothing in this Section restricts the use of an annual |
assessment of English proficiency of all English learners to |
comply with Section 1111(b)(2)(G) of the federal Elementary |
and Secondary Education Act of 1965.
|
Section 15-45. Grants for early childhood parental |
training programs. On and after July 1, 2026, the Department |
of Early Childhood shall implement and administer a grant |
program consisting of grants to public school districts and |
other eligible entities, as defined by the Department, to |
conduct early childhood parental training programs for the |
parents of children in the period of life from birth to |
prekindergarten. A public school district that receives grants |
under this Section may contract with other eligible entities |
to conduct an early childhood parental training program. These |
grants must be used to supplement, not supplant, funds |
received from any other source. A school board or other |
|
eligible entity shall employ appropriately qualified personnel |
for its early childhood parental training program, including |
but not limited to certified teachers, counselors, |
psychiatrists, psychologists and social workers. |
(a) As used in this Section, "parental training" means and |
includes instruction in the following: |
(1) Child growth and development, including prenatal |
development. |
(2) Childbirth and child care. |
(3) Family structure, function and management. |
(4) Prenatal and postnatal care for mothers and |
infants. |
(5) Prevention of child abuse. |
(6) The physical, mental, emotional, social, economic |
and psychological aspects of interpersonal and family |
relationships. |
(7) Parenting skill development. |
The programs shall include activities that require |
substantial participation and interaction between parent and |
child. |
(b) The Department shall annually award funds through a |
grant approval process established by the Department, |
providing that an annual appropriation is made for this |
purpose from State, federal or private funds. Nothing in this |
Section shall preclude school districts from applying for or |
accepting private funds to establish and implement programs. |
|
(c) The Department shall assist those districts and other |
eligible entities offering early childhood parental training |
programs, upon request, in developing instructional materials, |
training teachers and staff, and establishing appropriate time |
allotments for each of the areas included in such instruction. |
(d) School districts and other eligible entities may offer |
early childhood parental training courses during that period |
of the day which is not part of the regular school day. |
Residents of the community may enroll in such courses. The |
school board or other eligible entity may establish fees and |
collect such charges as may be necessary for attendance at |
such courses in an amount not to exceed the per capita cost of |
the operation thereof, except that the board or other eligible |
entity may waive all or part of such charges if it determines |
that the parent is indigent or that the educational needs of |
the parent require his or her attendance at such courses. |
(e) Parents who participate in early childhood parental |
training programs under this Section may be eligible for |
reasonable reimbursement of any incidental transportation and |
child care expenses from the school district receiving funds |
pursuant to this Section. |
(f) Districts and other eligible entities receiving grants |
pursuant to this Section shall coordinate programs created |
under this Section with other preschool educational programs, |
including "at-risk" preschool programs, special and vocational |
education, and related services provided by other governmental |
|
agencies and not-for-profit agencies. |
(g) Early childhood programs under this Section are |
subject to the requirements under paragraph (7) of subsection |
(a) of Section 15-30 of this Act.
|
Section 15-50. Early childhood construction grants. |
(a) The Capital Development Board is authorized to make |
grants to public school districts and not-for-profit entities |
for early childhood construction projects, except that in |
Fiscal Year 2024 those grants may be made only to public school |
districts. These grants shall be paid out of moneys |
appropriated for that purpose from the School Construction |
Fund, the Build Illinois Bond Fund, or the Rebuild Illinois |
Projects Fund. No grants may be awarded to entities providing |
services within private residences. A public school district |
or other eligible entity must provide local matching funds in |
the following manner: |
(1) A public school district assigned to Tier 1 under |
Section 18-8.15 of the School Code or any other eligible |
entity in an area encompassed by that district must |
provide local matching funds in an amount equal to 3% of |
the grant awarded under this Section. |
(2) A public school district assigned to Tier 2 under |
Section 18-8.15 of the School Code or any other eligible |
entity in an area encompassed by that district must |
provide local matching funds in an amount equal to 7.5% of |
|
the grant awarded under this Section. |
(3) A public school district assigned to Tier 3 under |
Section 18-8.15 of the School Code or any other eligible |
entity in an area encompassed by that district must |
provide local matching funds in an amount equal to 8.75% |
of the grant awarded under this Section. |
(4) A public school district assigned to Tier 4 under |
Section 18-8.15 of the School Code or any other eligible |
entity in an area encompassed by that district must |
provide local matching funds in an amount equal to 10% of |
the grant awarded under this Section. |
A public school district or other eligible entity has no |
entitlement to a grant under this Section. |
(b) The Capital Development Board shall adopt rules to |
implement this Section. These rules need not be the same as the |
rules for school construction project grants or school |
maintenance project grants. The rules may specify: |
(1) the manner of applying for grants; |
(2) project eligibility requirements; |
(3) restrictions on the use of grant moneys; |
(4) the manner in which school districts and other |
eligible entities must account for the use of grant |
moneys; |
(5) requirements that new or improved facilities be |
used for early childhood and other related programs for a |
period of at least 10 years; and |
|
(6) any other provision that the Capital Development |
Board determines to be necessary or useful for the |
administration of this Section. |
(b-5) When grants are made to non-profit corporations for |
the acquisition or construction of new facilities, the Capital |
Development Board or any State agency it so designates shall |
hold title to or place a lien on the facility for a period of |
10 years after the date of the grant award, after which title |
to the facility shall be transferred to the non-profit |
corporation or the lien shall be removed, provided that the |
non-profit corporation has complied with the terms of its |
grant agreement. When grants are made to non-profit |
corporations for the purpose of renovation or rehabilitation, |
if the non-profit corporation does not comply with item (5) of |
subsection (b) of this Section, the Capital Development Board |
or any State agency it so designates shall recover the grant |
pursuant to the procedures outlined in the Illinois Grant |
Funds Recovery Act. |
(c) On and after July 1, 2026, the Capital Development |
Board, in consultation with the Department of Early Childhood, |
shall establish standards for the determination of priority |
needs concerning early childhood projects based on projects |
located in communities in the State with the greatest |
underserved population of young children, utilizing Census |
data and other reliable local early childhood service data. |
(d) In each school year in which early childhood |
|
construction project grants are awarded, 20% of the total |
amount awarded shall be awarded to a school district with a |
population of more than 500,000, provided that the school |
district complies with the requirements of this Section and |
the rules adopted under this Section.
|
Section 15-55. Infant/early childhood mental health |
consultations. |
(a) Findings; policies. |
(1) The General Assembly finds that social and |
emotional development is a core, developmental domain in |
young children and is codified in the Illinois Early |
Learning Standards. |
(2) Fostering social and emotional development in, |
early childhood means both providing the supportive |
settings and interactions to maximize healthy social and |
emotional development for all children, as well as |
providing communities, programs, and providers with |
systems of tiered supports with training to respond to |
more significant social and emotional challenges or where |
experiences of trauma may be more prevalent. |
(3) Early care and education programs and providers, |
across a range of settings, have an important role to play |
in supporting young children and families, especially |
those who face greater challenges, such as trauma |
exposure, social isolation, pervasive poverty, and toxic |
|
stress. If programs, teaching staff, caregivers, and |
providers are not provided with the support, services, and |
training needed to accomplish these goals, it can lead to |
children and families being asked to leave programs, |
particularly without connection to more appropriate |
services, thereby creating a disruption in learning and |
social-emotional development. Investments in reflective |
supervision, professional development specific to |
diversity, equity, and inclusion practice, culturally |
responsive training, implicit bias training, and how |
trauma experienced during the early years can manifest in |
challenging behaviors will create systems for serving |
children that are informed in developmentally appropriate |
and responsive supports. |
(4) Studies have shown that the expulsion of infants, |
toddlers, and young children in early care and education |
settings is occurring at alarmingly high rates, more than |
3 times that of students in K-12; further, expulsion |
occurs more frequently for Black children and Latinx |
children and more frequently for boys than for girls, with |
Black boys being most frequently expelled; there is |
evidence to show that the expulsion of Black girls is |
occurring with increasing frequency. |
(5) Illinois took its first steps toward addressing |
this disparity through Public Act 100-105 to prohibit |
expulsion due to child behavior in early care and |
|
education settings, but further work is needed to |
implement this law, including strengthening provider |
understanding of a successful transition and beginning to |
identify strategies to reduce "soft expulsions" and to |
ensure more young children and their teachers, providers, |
and caregivers, in a range of early care and education |
settings, can benefit from services, such as Infant/Early |
Childhood Mental Health Consultations (I/ECMHC) and |
positive behavior interventions and supports such as the |
Pyramid Model. |
(6) I/ECMHC is a critical component needed to align |
social-emotional well-being with the public health model |
of promotion, prevention, and intervention across early |
care and education systems. |
(b) The General Assembly encourages that all of the |
following actions be taken by: |
(1) the State to increase the availability of |
Infant/Early Childhood Mental Health Consultations |
(I/ECMHC) through increased funding in early childhood |
programs and sustainable funding for coordination of |
I/ECMHC and other social and emotional support at the |
State level; |
(2) the Department of Early Childhood, the Department |
of Human Services, the Illinois State Board of Education, |
and other relevant agencies to develop and promote |
provider-accessible and parent-accessible materials, |
|
including native language, on the role and value of |
I/ECMHC, including targeted promotion in underserved |
communities, and promote the use of existing I/ECMHCs, the |
I/ECMHC consultant database, or other existing services; |
(3) the State to increase funding to promote and |
provide training and implementation support for systems of |
tiered support, such as the Pyramid Model, across early |
childhood settings and urge the Department of Early |
Childhood, the Department of Human Services, the Illinois |
State Board of Education, and other relevant State |
agencies to coordinate efforts and develop strategies to |
provide outreach to and support providers in underserved |
communities and communities with fewer programmatic |
resources; and |
(4) State agencies to provide the data required by |
Public Act 100-105, even if the data is incomplete at the |
time due to data system challenges.
|
ARTICLE 20. POWERS AND DUTIES RELATING TO CHILD CARE AND DAY |
CARE LICENSING
|
Section 20-5. Transition. Beginning July 1, 2024, the |
Department of Early Childhood and the Department of Human |
Services shall collaborate and plan for the transition of |
child care services for children established in Section 5.15 |
of the Children and Family Services Act.
|
|
Section 20-10. Child care. |
(a) The General Assembly recognizes that families with |
children need child care in order to work. Child care is |
expensive and families with limited access to economic |
resources, including those who are transitioning from welfare |
to work, often struggle to pay the costs of day care. The |
General Assembly understands the importance of helping working |
families with limited access to economic resources become and |
remain self-sufficient. The General Assembly also believes |
that it is the responsibility of families to share in the costs |
of child care. It is also the preference of the General |
Assembly that all working families with limited access to |
economic resources should be treated equally, regardless of |
their welfare status. |
(b) On and after July 1, 2026, to the extent resources |
permit, the Illinois Department of Early Childhood shall |
provide child care services to parents or other relatives as |
defined by rule who are working or participating in employment |
or Department approved education or training programs as |
prescribed in Section 9A-11 of the Illinois Public Aid Code. |
(c) Smart Start Child Care Program. Through June 30, 2026, |
subject to appropriation, the Department of Human Services |
shall establish and administer the Smart Start Child Care |
Program. On and after July 1, 2026, the Department of Early |
Childhood shall administer the Smart Start Child Care Program. |
|
The Smart Start Child Care Program shall focus on creating |
affordable child care, as well as increasing access to child |
care, for Illinois residents and may include, but is not |
limited to, providing funding to increase preschool |
availability, providing funding for childcare workforce |
compensation or capital investments, and expanding funding for |
Early Childhood Access Consortium for Equity Scholarships. The |
Department with authority to administer the Smart Start Child |
Care Program shall establish program eligibility criteria, |
participation conditions, payment levels, and other program |
requirements by rule. The Department with authority to |
administer the Smart Start Child Care Program may consult with |
the Capital Development Board, the Department of Commerce and |
Economic Opportunity, the State Board of Education, and the |
Illinois Housing Development Authority, and other state |
agencies as determined by the Department in the management and |
disbursement of funds for capital-related projects. The |
Capital Development Board, the Department of Commerce and |
Economic Opportunity, the State Board of Education, and the |
Illinois Housing Development Authority, and other state |
agencies as determined by the Department shall act in a |
consulting role only for the evaluation of applicants, scoring |
of applicants, or administration of the grant program.
|
Section 20-15. Day care services. |
(a) For the purpose of ensuring effective statewide |
|
planning, development, and utilization of resources for the |
day care of children, operated under various auspices, the |
Department of Early Childhood is designated on and after July |
1, 2026 to coordinate all day care activities for children of |
the State and shall develop or continue, and shall update |
every year, a State comprehensive day care plan for submission |
to the Governor that identifies high-priority areas and |
groups, relating them to available resources and identifying |
the most effective approaches to the use of existing day care |
services. The State comprehensive day care plan shall be made |
available to the General Assembly following the Governor's |
approval of the plan. |
The plan shall include methods and procedures for the |
development of additional day care resources for children to |
meet the goal of reducing short-run and long-run dependency |
and to provide necessary enrichment and stimulation to the |
education of young children. Recommendations shall be made for |
State policy on optimum use of private and public, local, |
State and federal resources, including an estimate of the |
resources needed for the licensing and regulation of day care |
facilities. |
A written report shall be submitted to the Governor and |
the General Assembly annually on April 15. The report shall |
include an evaluation of developments over the preceding |
fiscal year, including cost-benefit analyses of various |
arrangements. Beginning with the report in 1990 submitted by |
|
the Department's predecessor agency and every 2 years |
thereafter, the report shall also include the following: |
(1) An assessment of the child care services, needs |
and available resources throughout the State and an |
assessment of the adequacy of existing child care |
services, including, but not limited to, services assisted |
under this Act and under any other program administered by |
other State agencies. |
(2) A survey of day care facilities to determine the |
number of qualified caregivers, as defined by rule, |
attracted to vacant positions and any problems encountered |
by facilities in attracting and retaining capable |
caregivers. The report shall include an assessment, based |
on the survey, of improvements in employee benefits that |
may attract capable caregivers. |
(3) The average wages and salaries and fringe benefit |
packages paid to caregivers throughout the State, computed |
on a regional basis, compared to similarly qualified |
employees in other but related fields. |
(4) The qualifications of new caregivers hired at |
licensed day care facilities during the previous 2-year |
period. |
(5) Recommendations for increasing caregiver wages and |
salaries to ensure quality care for children. |
(6) Evaluation of the fee structure and income |
eligibility for child care subsidized by the State. |
|
(b) The Department of Early Childhood shall establish |
policies and procedures for developing and implementing |
interagency agreements with other agencies of the State |
providing child care services or reimbursement for such |
services. The plans shall be annually reviewed and modified |
for the purpose of addressing issues of applicability and |
service system barriers. |
(c) In cooperation with other State agencies, the |
Department of Early Childhood shall develop and implement, or |
shall continue, a resource and referral system for the State |
of Illinois either within the Department or by contract with |
local or regional agencies. Funding for implementation of this |
system may be provided through Department appropriations or |
other interagency funding arrangements. The resource and |
referral system shall provide at least the following services: |
(1) Assembling and maintaining a database on the |
supply of child care services. |
(2) Providing information and referrals for parents. |
(3) Coordinating the development of new child care |
resources. |
(4) Providing technical assistance and training to |
child care service providers. |
(5) Recording and analyzing the demand for child care |
services. |
(d) The Department of Early Childhood shall conduct day |
care planning activities with the following priorities: |
|
(1) Development of voluntary day care resources |
wherever possible, with the provision for grants-in-aid |
only where demonstrated to be useful and necessary as |
incentives or supports. The Department shall design a plan |
to create more child care slots as well as goals and |
timetables to improve quality and accessibility of child |
care. |
(2) Emphasis on service to children of recipients of |
public assistance when such service will allow training or |
employment of the parent toward achieving the goal of |
independence. |
(3) Care of children from families in stress and |
crises whose members potentially may become, or are in |
danger of becoming, non-productive and dependent. |
(4) Expansion of family day care facilities wherever |
possible. |
(5) Location of centers in economically depressed |
neighborhoods, preferably in multi-service centers with |
cooperation of other agencies. The Department shall |
coordinate the provision of grants, but only to the extent |
funds are specifically appropriated for this purpose, to |
encourage the creation and expansion of child care centers |
in high need communities to be issued by the State, |
business, and local governments. |
(6) Use of existing facilities free of charge or for |
reasonable rental whenever possible in lieu of |
|
construction. |
(7) Development of strategies for assuring a more |
complete range of day care options, including provision of |
day care services in homes, in schools, or in centers, |
which will enable parents to complete a course of |
education or obtain or maintain employment and the |
creation of more child care options for swing shift, |
evening, and weekend workers and for working women with |
sick children. The Department shall encourage companies to |
provide child care in their own offices or in the building |
in which the corporation is located so that employees of |
all the building's tenants can benefit from the facility. |
(8) Development of strategies for subsidizing students |
pursuing degrees in the child care field. |
(9) Continuation and expansion of service programs |
that assist teen parents to continue and complete their |
education. |
Emphasis shall be given to support services that will help |
to ensure such parents' graduation from high school and to |
services for participants in any programs of job training |
conducted by the Department. |
(e) The Department of Early Childhood shall actively |
stimulate the development of public and private resources at |
the local level. It shall also seek the fullest utilization of |
federal funds directly or indirectly available to the |
Department. Where appropriate, existing non-governmental |
|
agencies or associations shall be involved in planning by the |
Department.
|
Section 20-20. Day care facilities for the children of |
migrant workers. On and after July 1, 2026, the Department of |
Early Childhood shall operate day care facilities for the |
children of migrant workers in areas of the State where they |
are needed. The Department of Early Childhood may provide |
these day care services by contracting with private centers if |
practicable. "Migrant worker" means any person who moves |
seasonally from one place to another, within or without the |
State, for the purpose of employment in agricultural |
activities.
|
Section 20-25. Licensing day care facilities. |
(a) Beginning July 1, 2024, the Department of Early |
Childhood and the Department of Children and Family Services |
shall collaborate and plan for the transition of |
administrative responsibilities related to licensing day care |
centers, day care homes, and group day care homes as |
prescribed throughout the Child Care Act of 1969. |
(b) Beginning July 1, 2026, the Department of Early |
Childhood shall manage all facets of licensing for day care |
centers, day care homes, and group day care homes as |
prescribed throughout the Child Care Act of 1969.
|
|
Section 20-30. Off-Hours Child Care Program. |
(a) Legislative intent. The General Assembly finds that: |
(1) Finding child care can be a challenge for |
firefighters, paramedics, police officers, nurses, and |
other third shift workers across the State who often work |
non-typical work hours. This can impact home life, school, |
bedtime routines, job safety, and the mental health of |
some of our most critical front line workers and their |
families. |
(2) There is a need for increased options for |
off-hours child care in the State. |
(3) Illinois has a vested interest in ensuring that |
our first responders and working families can provide |
their children with appropriate care during off hours to |
improve the morale of existing first responders and to |
improve recruitment into the future. |
(b) As used in this Section, "first responders" means |
emergency medical services personnel as defined in the |
Emergency Medical Services (EMS) Systems Act, firefighters, |
law enforcement officers, and, as determined by the Department |
of Early Childhood on and after July 1, 2026, any other workers |
who, on account of their work schedule, need child care |
outside of the hours when licensed child care facilities |
typically operate. |
(c) Beginning July 1, 2026, the Department of Early |
Childhood shall administer the Off-Hours Child Care Program to |
|
help first responders and other workers identify and access |
off-hours, night, or sleep time child care, subject to |
appropriation. Services funded under the program must address |
the child care needs of first responders. Funding provided |
under the program may also be used to cover any capital and |
operating expenses related to the provision of off-hours, |
night, or sleep time child care for first responders. Funding |
awarded under this Section shall be funded through |
appropriations from the Off-Hours Child Care Program Fund |
created under Public Act 102-912. The Department of Early |
Childhood may adopt any rules necessary to implement the |
program.
|
Section 20-35. Great START program. |
(a) Through June 30, 2026, the Department of Human |
Services shall, subject to a specific appropriation for this |
purpose, operate a Great START (Strategy To Attract and Retain |
Teachers) program. The goal of the program is to improve |
children's developmental and educational outcomes in child |
care by encouraging increased professional preparation by |
staff and staff retention. The Great START program shall |
coordinate with the TEACH professional development program. |
The program shall provide wage supplements and may include |
other incentives to licensed child care center personnel, |
including early childhood teachers, school-age workers, early |
childhood assistants, school-age assistants, and directors, as |
|
such positions are defined by administrative rule of the |
Department of Children and Family Services. The program shall |
provide wage supplements and may include other incentives to |
licensed family day care home personnel and licensed group day |
care home personnel, including caregivers and assistants as |
such positions are defined by administrative rule of the |
Department of Children and Family Services. Individuals will |
receive supplements commensurate with their qualifications. |
(b) On and after July 1, 2026, the Department of Early |
Childhood shall, subject to a specific appropriation for this |
purpose, operate a Great START program. The goal of the |
program is to improve children's developmental and educational |
outcomes in child care by encouraging increased professional |
preparation by staff and staff retention. The Great START |
program shall coordinate with the TEACH professional |
development program. |
The program shall provide wage supplements and may include |
other incentives to licensed child care center personnel, |
including early childhood teachers, school-age workers, early |
childhood assistants, school-age assistants, and directors, as |
such positions are defined by administrative rule by the |
Department pursuant to subsections (a) and this subsection. |
(c) The Department, pursuant to subsections (a) and (b), |
shall, by rule, define the scope and operation of the program, |
including a wage supplement scale. The scale shall pay |
increasing amounts for higher levels of educational attainment |
|
beyond minimum qualifications and shall recognize longevity of |
employment. Subject to the availability of sufficient |
appropriation, the wage supplements shall be paid to child |
care personnel in the form of bonuses at 6-month intervals. |
Six months of continuous service with a single employer is |
required to be eligible to receive a wage supplement bonus. |
Wage supplements shall be paid directly to individual day care |
personnel, not to their employers. Eligible individuals must |
provide to the Department or its agent all information and |
documentation, including but not limited to college |
transcripts, to demonstrate their qualifications for a |
particular wage supplement level. |
If appropriations permit, the Department may include |
one-time signing bonuses or other incentives to help providers |
attract staff, provided that the signing bonuses are less than |
the supplement staff would have received if they had remained |
employed with another day care center or family day care home. |
If appropriations permit, the Department may include |
one-time longevity bonuses or other incentives to recognize |
staff who have remained with a single employer.
|
Section 20-40. Programs to train low-income older persons |
to be child care workers. On and after July 1, 2026, the |
Department of Early Childhood may, in conjunction with |
colleges or universities in this State, establish programs to |
train low-income older persons to be child care workers. The |
|
Department shall prescribe, by rule: |
(a) age and income qualifications for persons to be |
trained under such programs; and |
(b) standards for such programs to ensure that such |
programs train participants to be skilled workers for the |
child care industry.
|
Section 20-45. Home child care demonstration project; |
conversion and renovation grants; Department of Early |
Childhood. |
(a) The General Assembly finds that the demand for quality |
child care far outweighs the number of safe, quality spaces |
for our children. The purpose of this Section is to increase |
the number of child care providers by: |
(1) developing a demonstration project to train |
individuals to become home child care providers who are |
able to establish and operate their own child care |
facility; and |
(2) providing grants to convert and renovate existing |
facilities. |
(b) On and after July 1, 2026, the Department of Early |
Childhood may from appropriations from the Child Care |
Development Block Grant establish a demonstration project to |
train individuals to become home child care providers who are |
able to establish and operate their own home-based child care |
facilities. On and after July 1, 2026, the Department of Early |
|
Childhood is authorized to use funds for this purpose from the |
child care and development funds deposited into the DHS |
Special Purposes Trust Fund as described in Section 12-10 of |
the Illinois Public Aid Code or deposited into the Employment |
and Training Fund as described in Section 12-10.3 of the |
Illinois Public Aid Code. As an economic development program, |
the project's focus is to foster individual self-sufficiency |
through an entrepreneurial approach by the creation of new |
jobs and opening of new small home-based child care |
businesses. The demonstration project shall involve |
coordination among State and county governments and the |
private sector, including but not limited to: the community |
college system, the Departments of Labor and Commerce and |
Economic Opportunity, the State Board of Education, large and |
small private businesses, non-profit programs, unions, and |
child care providers in the State. |
(c) On and after July 1, 2026, the Department of Early |
Childhood may from appropriations from the Child Care |
Development Block Grant provide grants to family child care |
providers and center based programs to convert and renovate |
existing facilities, to the extent permitted by federal law, |
so additional family child care homes and child care centers |
can be located in such facilities. |
(1) Applications for grants shall be made to the |
Department and shall contain information as the Department |
shall require by rule. Every applicant shall provide |
|
assurance to the Department that: |
(A) the facility to be renovated or improved shall |
be used as family child care home or child care center |
for a continuous period of at least 5 years; |
(B) any family child care home or child care |
center program located in a renovated or improved |
facility shall be licensed by the Department; |
(C) the program shall comply with applicable |
federal and State laws prohibiting discrimination |
against any person on the basis of race, color, |
national origin, religion, creed, or sex; |
(D) the grant shall not be used for purposes of |
entertainment or perquisites; |
(E) the applicant shall comply with any other |
requirement the Department may prescribe to ensure |
adherence to applicable federal, State, and county |
laws; |
(F) all renovations and improvements undertaken |
with funds received under this Section shall comply |
with all applicable State and county statutes and |
ordinances including applicable building codes and |
structural requirements of the Department; and |
(G) the applicant shall indemnify and save |
harmless the State and its officers, agents, and |
employees from and against any and all claims arising |
out of or resulting from the renovation and |
|
improvements made with funds provided by this Section, |
and, upon request of the Department, the applicant |
shall procure sufficient insurance to provide that |
indemnification. |
(2) To receive a grant under this Section to convert |
an existing facility into a family child care home or |
child care center facility, the applicant shall: |
(A) agree to make available to the Department all |
records it may have relating to the operation of any |
family child care home and child care center facility, |
and to allow State agencies to monitor its compliance |
with the purpose of this Section; |
(B) agree that, if the facility is to be altered or |
improved, or is to be used by other groups, moneys |
appropriated by this Section shall be used for |
renovating or improving the facility only to the |
proportionate extent that the floor space will be used |
by the child care program; and |
(C) establish, to the satisfaction of the |
Department, that sufficient funds are available for |
the effective use of the facility for the purpose for |
which it is being renovated or improved. |
(3) In selecting applicants for funding, the |
Department shall make every effort to ensure that family |
child care home or child care center facilities are |
equitably distributed throughout the State according to |
|
demographic need. The Department shall give priority |
consideration to rural/Downstate areas of the State that |
are currently experiencing a shortage of child care |
services. |
(4) In considering applications for grants to renovate |
or improve an existing facility used for the operations of |
a family child care home or child care center, the |
Department shall give preference to applications to |
renovate facilities most in need of repair to address |
safety and habitability concerns. No grant shall be |
disbursed unless an agreement is entered into between the |
applicant and the State, by and through the Department. |
The agreement shall include the assurances and conditions |
required by this Section and any other terms which the |
Department may require.
|
ARTICLE 80. TRANSITION PROVISIONS
|
Section 80-5. Transfer of functions. On and after July 1, |
2026: |
(a) The powers, duties, rights, and responsibilities |
vested in the transferring agencies relating to early care and |
education programs and services to children and families |
transferred by this Act shall be vested in and shall be |
exercised by the Department of Early Childhood. |
(b) Personnel employed by the Department of Human Services |
|
or the Department of Children and Family Services who are |
engaged in the performance of functions transferred to the |
Department or who are engaged in the administration of a law |
the administration of which is transferred to the Department |
shall be transferred to the Department of Early Childhood. The |
status and rights of the employees and the State of Illinois or |
its transferring agencies under the Personnel Code, the |
Illinois Public Labor Relations Act, and applicable collective |
bargaining agreements, or under any pension, retirement, or |
annuity plan, shall not be affected by this Act. |
(c) All books, records, papers, documents, property (real |
and personal), contracts, causes of action, and pending |
business pertaining to the powers, duties, rights, and |
responsibilities relating to functions transferred under this |
Act to the Department of Early Childhood, including, but not |
limited to, material in electronic or magnetic format and |
necessary computer hardware and software, shall be transferred |
to the Department. |
(d) Whenever reports or notices are now required to be |
made or given or papers or documents furnished or served by any |
person in connection with any of the powers, duties, rights, |
and responsibilities relating to functions transferred by this |
Act, the same shall be made, given, furnished, or served in the |
same manner to or upon the Department. |
(e) This Act does not affect any act done, ratified, or |
canceled or any right occurring or established or any action |
|
or proceeding had or commenced in an administrative, civil, or |
criminal cause by each transferring agency relating to |
functions transferred by this Act before the transfer of |
responsibilities; such actions or proceedings may be |
prosecuted and continued by the Department.
|
Section 80-10. Rules and standards. |
(a) The rules and standards of the Department's |
predecessor agencies that are in effect on June 30, 2026 and |
pertain to the rights, powers, duties, and functions |
transferred to the Department under this Act shall become the |
rules and standards of the Department of Early Childhood on |
July 1, 2026 and shall continue in effect until amended or |
repealed by the Department. |
(b) Any rules pertaining to the rights, powers, duties, |
and functions transferred to the Department under this Act |
that have been proposed by a predecessor agency but have not |
taken effect or been finally adopted by June 30, 2026 shall |
become proposed rules of the Department of Early Childhood on |
July 1, 2026, and any rulemaking procedures that have already |
been completed by the predecessor agency for those proposed |
rules need not be repeated. |
(c) As soon as practical after July 1, 2026, the |
Department of Early Childhood shall revise and clarify the |
rules transferred to it under this Act to reflect the |
reorganization of rights, powers, duties, and functions |
|
effected by this Act using the procedures for recodification |
of rules available under the Illinois Administrative Procedure |
Act, except that existing Title, Part, and Section numbering |
for the affected rules may be retained. The Department may |
propose and adopt under the Illinois Administrative Procedure |
Act such other rules as may be necessary to consolidate and |
clarify the rules of the agencies reorganized by this Act.
|
Section 80-15. Savings provisions. |
(a) The rights, powers, duties, and functions transferred |
to the Department of Early Childhood by this Act shall be |
vested in and exercised by the Department subject to the |
provisions of this Act. An act done by the Department or an |
officer, employee, or agent of the Department in the exercise |
of the transferred rights, powers, duties, or functions shall |
have the same legal effect as if done by the predecessor agency |
or an officer, employee, or agent of the predecessor agency. |
(b) The transfer of rights, powers, duties, and functions |
to the Department of Early Childhood under this Act does not |
invalidate any previous action taken by or in respect to any of |
its predecessor agencies or their officers, employees, or |
agents. References to those predecessor agencies or their |
officers, employees or agents in any document, contract, |
agreement, or law shall, in appropriate contexts, be deemed to |
refer to the Department or its officers, employees, or agents. |
(c) The transfer of rights, powers, duties, and functions |
|
to the Department of Early Childhood under this Act does not |
affect any person's rights, obligations, or duties, including |
any civil or criminal penalties applicable thereto, arising |
out of those transferred rights, powers, duties, and |
functions. |
(d) With respect to matters that pertain to a right, |
power, duty, or function transferred to the Department of |
Early Childhood under this Act: |
(1) Beginning July 1, 2026, a report or notice that |
was previously required to be made or given by any person |
to a predecessor agency or any of its officers, employees, |
or agents shall be made or given in the same manner to the |
Department or its appropriate officer, employee, or agent. |
(2) Beginning July 1, 2026, a document that was |
previously required to be furnished or served by any |
person to or upon a predecessor agency or any of its |
officers, employees, or agents shall be furnished or |
served in the same manner to or upon the Department or its |
appropriate officer, employee, or agent. |
(e) This Act does not affect any act done, ratified, or |
canceled, any right occurring or established, or any action or |
proceeding had or commenced in an administrative, civil, or |
criminal cause before July 1, 2026. Any such action or |
proceeding that pertains to a right, power, duty, or function |
transferred to the Department of Early Childhood under this |
Act and that is pending on that date may be prosecuted, |
|
defended, or continued by the Department of Early Childhood.
|
ARTICLE 90. AMENDATORY PROVISIONS
|
Section 90-5. The Civil Administrative Code of Illinois is |
amended by changing Sections 5-10, 5-15, and 5-20 and by |
adding Section 5-336 as follows:
|
(20 ILCS 5/5-10) (was 20 ILCS 5/2.1) |
Sec. 5-10. "Director". As used in the Civil Administrative |
Code of Illinois, unless the context clearly indicates |
otherwise, the word "director" means the several directors of |
the departments of State government as designated in Section |
5-20 of this Law and includes the Secretary of Early |
Childhood, the Secretary of Financial and Professional |
Regulation, the Secretary of Innovation and Technology, the |
Secretary of Human Services, and the Secretary of |
Transportation. |
(Source: P.A. 100-611, eff. 7-20-18.)
|
(20 ILCS 5/5-15) (was 20 ILCS 5/3) |
Sec. 5-15. Departments of State government. The |
Departments of State government are created as follows: |
The Department on Aging. |
The Department of Agriculture. |
The Department of Central Management Services. |
|
The Department of Children and Family Services. |
The Department of Commerce and Economic Opportunity. |
The Department of Corrections. |
The Department of Early Childhood. |
The Department of Employment Security. |
The Illinois Emergency Management Agency. |
The Department of Financial and Professional Regulation. |
The Department of Healthcare and Family Services. |
The Department of Human Rights. |
The Department of Human Services. |
The Department of Innovation and Technology. |
The Department of Insurance. |
The Department of Juvenile Justice. |
The Department of Labor. |
The Department of the Lottery. |
The Department of Natural Resources. |
The Department of Public Health. |
The Department of Revenue. |
The Illinois State Police. |
The Department of Transportation. |
The Department of Veterans' Affairs. |
(Source: P.A. 102-538, eff. 8-20-21.)
|
(20 ILCS 5/5-20) (was 20 ILCS 5/4) |
Sec. 5-20. Heads of departments. Each department shall |
have an officer as its head who shall be known as director or |
|
secretary and who shall, subject to the provisions of the |
Civil Administrative Code of Illinois, execute the powers and |
discharge the duties vested by law in his or her respective |
department. |
The following officers are hereby created: |
Director of Aging, for the Department on Aging. |
Director of Agriculture, for the Department of |
Agriculture. |
Director of Central Management Services, for the |
Department of Central Management Services. |
Director of Children and Family Services, for the |
Department of Children and Family Services. |
Director of Commerce and Economic Opportunity, for the |
Department of Commerce and Economic Opportunity. |
Director of Corrections, for the Department of |
Corrections. |
Director of the Illinois Emergency Management Agency, for |
the Illinois Emergency Management Agency. |
Secretary of Early Childhood, for the Department of Early |
Childhood. |
Director of Employment Security, for the Department of |
Employment Security. |
Secretary of Financial and Professional Regulation, for |
the Department of Financial and Professional Regulation. |
Director of Healthcare and Family Services, for the |
Department of Healthcare and Family Services. |
|
Director of Human Rights, for the Department of Human |
Rights. |
Secretary of Human Services, for the Department of Human |
Services. |
Secretary of Innovation and Technology, for the Department |
of Innovation and Technology. |
Director of Insurance, for the Department of Insurance. |
Director of Juvenile Justice, for the Department of |
Juvenile Justice. |
Director of Labor, for the Department of Labor. |
Director of the Lottery, for the Department of the |
Lottery. |
Director of Natural Resources, for the Department of |
Natural Resources. |
Director of Public Health, for the Department of Public |
Health. |
Director of Revenue, for the Department of Revenue. |
Director of the Illinois State Police, for the Illinois |
State Police. |
Secretary of Transportation, for the Department of |
Transportation. |
Director of Veterans' Affairs, for the Department of |
Veterans' Affairs. |
(Source: P.A. 102-538, eff. 8-20-21.)
|
(20 ILCS 5/5-336 new) |
|
Sec. 5-336. In the Department of Early Childhood. For |
terms beginning on or after July 1, 2024, the Secretary shall |
receive an annual salary of $214,988 or as set by the Governor, |
whichever is higher. On July 1, 2025, and on each July 1 |
thereafter, the Secretary shall receive an increase in salary |
based on the cost of living adjustment as authorized by Senate |
Joint Resolution 192 of the 86th General Assembly.
|
Section 90-10. The Children and Family Services Act is |
amended by changing Sections 5a, 5.15, 5.20, 22.1, 34.9, and |
34.10 as follows:
|
(20 ILCS 505/5a) (from Ch. 23, par. 5005a) |
Sec. 5a. Reimbursable services for which the Department of |
Children and Family Services shall pay 100% of the reasonable |
cost pursuant to a written contract negotiated between the |
Department and the agency furnishing the services (which shall |
include but not be limited to the determination of reasonable |
cost, the services being purchased and the duration of the |
agreement) include, but are not limited to:
|
SERVICE ACTIVITIES
|
Adjunctive Therapy;
|
Child Care Service, including day care;
|
Clinical Therapy;
|
Custodial Service;
|
|
Determination of Children who are eligible
|
for federal or other reimbursement;
|
Postage and Shipping;
|
Outside Printing, Artwork, etc.;
|
Subscriptions and Reference Publications;
|
Management and General Expense. |
Reimbursement of administrative costs other than inspection |
and monitoring for purposes of issuing licenses may not exceed |
20% of the costs for other services. |
The Department may offer services to any child or family |
with respect to whom a report of suspected child abuse or |
neglect has been called in to the hotline after completion of a |
family assessment as provided under subsection (a-5) of |
Section 7.4 of the Abused and Neglected Child Reporting Act |
and the Department has determined that services are needed to |
address the safety of the child and other family members and |
the risk of subsequent maltreatment. Acceptance of such |
services shall be voluntary. |
All Object Expenses, Service Activities and Administrative |
Costs are allowable. |
If a survey instrument is used in the rate setting |
process: |
(a) with respect to any day care centers, it shall be |
limited to those agencies which receive reimbursement from |
the State; |
(b) the cost survey instrument shall be promulgated by |
|
rule; |
(c) any requirements of the respondents shall be |
promulgated by rule; |
(d) all screens, limits or other tests of |
reasonableness, allowability and reimbursability shall be |
promulgated by rule; |
(e) adjustments may be made by the Department to rates |
when it determines that reported wage and salary levels |
are insufficient to attract capable caregivers in |
sufficient numbers. |
The Department of Children and Family Services may pay |
100% of the reasonable costs of research and valuation focused |
exclusively on services to youth in care. Such research |
projects must be approved, in advance, by the Director of the |
Department. |
In addition to reimbursements otherwise provided for in |
this Section, the Department of Human Services, through June |
30, 2026 and Department of Early Childhood beginning on and |
after July 1, 2026, shall, in accordance with annual written |
agreements, make advance quarterly disbursements to local |
public agencies for child day care services with funds |
appropriated from the Local Effort Day Care Fund. |
Neither the Department of Children and Family Services nor |
the Department of Human Services through June 30, 2026 and the |
Department of Early Childhood beginning on and after July 1, |
2026 shall pay or approve reimbursement for day care in a |
|
facility which is operating without a valid license or permit, |
except in the case of day care homes or day care centers which |
are exempt from the licensing requirements of the Child Care |
Act of 1969. |
The rates paid to day care providers by the Department of |
Children and Family Services shall match the rates paid to |
child care providers by the Department of Human Services, |
including base rates and any relevant rate enhancements |
through June 30, 2026. On and after July 1, 2026, the |
Department of Early Childhood shall pay day care providers, |
who service the Department of Children and Family Services |
under the child care assistance program, including base rates |
and any relevant rate enhancements. |
In addition to reimbursements otherwise provided for in |
this Section, the Department of Human Services shall, in |
accordance with annual written agreements, make advance |
quarterly disbursements to local public agencies for child day |
care services with funds appropriated from the Local Effort |
Day Care Fund. |
Neither the Department of Children and Family Services nor |
the Department of Human Services shall pay or approve |
reimbursement for day care in a facility which is operating |
without a valid license or permit, except in the case of day |
care homes or day care centers which are exempt from the |
licensing requirements of the "Child Care Act of 1969". |
The rates paid to day care providers by the Department of |
|
Children and Family Services shall match the rates paid to |
child care providers by the Department of Human Services under |
the child care assistance program, including base rates and |
any relevant rate enhancements. |
(Source: P.A. 102-926, eff. 7-1-23 .)
|
(20 ILCS 505/5.15) |
Sec. 5.15. Day care Daycare ; Department of Human Services. |
(a) For the purpose of ensuring effective statewide |
planning, development, and utilization of resources for the |
day care of children, operated under various auspices, the |
Department of Human Services is designated to coordinate all |
day care activities for children of the State and shall |
develop or continue, and shall update every year, a State |
comprehensive day-care plan for submission to the Governor |
that identifies high-priority areas and groups, relating them |
to available resources and identifying the most effective |
approaches to the use of existing day care services. The State |
comprehensive day-care plan shall be made available to the |
General Assembly following the Governor's approval of the |
plan. |
The plan shall include methods and procedures for the |
development of additional day care resources for children to |
meet the goal of reducing short-run and long-run dependency |
and to provide necessary enrichment and stimulation to the |
education of young children. Recommendations shall be made for |
|
State policy on optimum use of private and public, local, |
State and federal resources, including an estimate of the |
resources needed for the licensing and regulation of day care |
facilities. |
A written report shall be submitted to the Governor and |
the General Assembly annually on April 15. The report shall |
include an evaluation of developments over the preceding |
fiscal year, including cost-benefit analyses of various |
arrangements. Beginning with the report in 1990 submitted by |
the Department's predecessor agency and every 2 years |
thereafter, the report shall also include the following: |
(1) An assessment of the child care services, needs |
and available resources throughout the State and an |
assessment of the adequacy of existing child care |
services, including, but not limited to, services assisted |
under this Act and under any other program administered by |
other State agencies. |
(2) A survey of day care facilities to determine the |
number of qualified caregivers, as defined by rule, |
attracted to vacant positions and any problems encountered |
by facilities in attracting and retaining capable |
caregivers. The report shall include an assessment, based |
on the survey, of improvements in employee benefits that |
may attract capable caregivers. |
(3) The average wages and salaries and fringe benefit |
packages paid to caregivers throughout the State, computed |
|
on a regional basis, compared to similarly qualified |
employees in other but related fields. |
(4) The qualifications of new caregivers hired at |
licensed day care facilities during the previous 2-year |
period. |
(5) Recommendations for increasing caregiver wages and |
salaries to ensure quality care for children. |
(6) Evaluation of the fee structure and income |
eligibility for child care subsidized by the State. |
The requirement for reporting to the General Assembly |
shall be satisfied by filing copies of the report as required |
by Section 3.1 of the General Assembly Organization Act, and |
filing such additional copies with the State Government Report |
Distribution Center for the General Assembly as is required |
under paragraph (t) of Section 7 of the State Library Act. |
(b) The Department of Human Services shall establish |
policies and procedures for developing and implementing |
interagency agreements with other agencies of the State |
providing child care services or reimbursement for such |
services. The plans shall be annually reviewed and modified |
for the purpose of addressing issues of applicability and |
service system barriers. |
(c) In cooperation with other State agencies, the |
Department of Human Services shall develop and implement, or |
shall continue, a resource and referral system for the State |
of Illinois either within the Department or by contract with |
|
local or regional agencies. Funding for implementation of this |
system may be provided through Department appropriations or |
other inter-agency funding arrangements. The resource and |
referral system shall provide at least the following services: |
(1) Assembling and maintaining a data base on the |
supply of child care services. |
(2) Providing information and referrals for parents. |
(3) Coordinating the development of new child care |
resources. |
(4) Providing technical assistance and training to |
child care service providers. |
(5) Recording and analyzing the demand for child care |
services. |
(d) The Department of Human Services shall conduct day |
care planning activities with the following priorities: |
(1) Development of voluntary day care resources |
wherever possible, with the provision for grants-in-aid |
only where demonstrated to be useful and necessary as |
incentives or supports. By January 1, 2002, the Department |
shall design a plan to create more child care slots as well |
as goals and timetables to improve quality and |
accessibility of child care. |
(2) Emphasis on service to children of recipients of |
public assistance when such service will allow training or |
employment of the parent toward achieving the goal of |
independence. |
|
(3) (Blank). |
(4) Care of children from families in stress and |
crises whose members potentially may become, or are in |
danger of becoming, non-productive and dependent. |
(5) Expansion of family day care facilities wherever |
possible. |
(6) Location of centers in economically depressed |
neighborhoods, preferably in multi-service centers with |
cooperation of other agencies. The Department shall |
coordinate the provision of grants, but only to the extent |
funds are specifically appropriated for this purpose, to |
encourage the creation and expansion of child care centers |
in high need communities to be issued by the State, |
business, and local governments. |
(7) Use of existing facilities free of charge or for |
reasonable rental whenever possible in lieu of |
construction. |
(8) Development of strategies for assuring a more |
complete range of day care options, including provision of |
day care services in homes, in schools, or in centers, |
which will enable a parent or parents to complete a course |
of education or obtain or maintain employment and the |
creation of more child care options for swing shift, |
evening, and weekend workers and for working women with |
sick children. The Department shall encourage companies to |
provide child care in their own offices or in the building |
|
in which the corporation is located so that employees of |
all the building's tenants can benefit from the facility. |
(9) Development of strategies for subsidizing students |
pursuing degrees in the child care field. |
(10) Continuation and expansion of service programs |
that assist teen parents to continue and complete their |
education. |
Emphasis shall be given to support services that will help |
to ensure such parents' graduation from high school and to |
services for participants in any programs of job training |
conducted by the Department. |
(e) The Department of Human Services shall actively |
stimulate the development of public and private resources at |
the local level. It shall also seek the fullest utilization of |
federal funds directly or indirectly available to the |
Department. |
Where appropriate, existing non-governmental agencies or |
associations shall be involved in planning by the Department. |
(f) To better accommodate the child care needs of low |
income working families, especially those who receive |
Temporary Assistance for Needy Families (TANF) or who are |
transitioning from TANF to work, or who are at risk of |
depending on TANF in the absence of child care, the Department |
shall complete a study using outcome-based assessment |
measurements to analyze the various types of child care needs, |
including but not limited to: child care homes; child care |
|
facilities; before and after school care; and evening and |
weekend care. Based upon the findings of the study, the |
Department shall develop a plan by April 15, 1998, that |
identifies the various types of child care needs within |
various geographic locations. The plan shall include, but not |
be limited to, the special needs of parents and guardians in |
need of non-traditional child care services such as early |
mornings, evenings, and weekends; the needs of very low income |
families and children and how they might be better served; and |
strategies to assist child care providers to meet the needs |
and schedules of low income families. |
(g) This Section is repealed on July 1, 2026. |
(Source: P.A. 100-1148, eff. 12-10-18.)
|
(20 ILCS 505/5.20) |
Sec. 5.20. Child care for former public aid recipients; |
Department of Human Services. The Department of Human Services |
may provide child care services to former recipients of |
assistance under the Illinois Public Aid Code as authorized by |
Section 9-6.3 of that Code. This Section is repealed on July 1, |
2026. |
(Source: P.A. 89-507, eff. 7-1-97.)
|
(20 ILCS 505/22.1) (from Ch. 23, par. 5022.1) |
Sec. 22.1. Grants-in-aid for child care services; |
Department of Human Services. |
|
(a) Blank. |
(b) Blank. |
(c) The Department of Human Services shall establish and |
operate day care facilities for the children of migrant |
workers in areas of the State where they are needed. The |
Department may provide these day care services by contracting |
with private centers if practicable. "Migrant worker" means |
any person who moves seasonally from one place to another, |
within or without the State, for the purpose of employment in |
agricultural activities. This Section is repealed on July 1, |
2026. |
(Source: P.A. 97-516, eff. 8-23-11.)
|
(20 ILCS 505/34.9) (from Ch. 23, par. 5034.9) |
Sec. 34.9. The Department may, in conjunction with |
colleges or universities in this State, establish programs to |
train low-income older persons to be child care workers. The |
Department shall prescribe, by rule: |
(a) age and income qualifications for persons to be |
trained under such programs; and |
(b) standards for such programs to ensure that such |
programs train participants to be skilled workers for the |
child care industry. |
This Section is repealed on July 1, 2026. |
(Source: P.A. 86-889.)
|
|
(20 ILCS 505/34.10) (from Ch. 23, par. 5034.10) |
Sec. 34.10. Home child care demonstration project; |
conversion and renovation grants; Department of Human |
Services. |
(a) The legislature finds that the demand for quality |
child care far outweighs the number of safe, quality spaces |
for our children. The purpose of this Section is to increase |
the number of child care providers by: |
(1) developing a demonstration project to train |
individuals to become home child care providers who are |
able to establish and operate their own child care |
facility; and |
(2) providing grants to convert and renovate existing |
facilities. |
(b) The Department of Human Services may from |
appropriations from the Child Care Development Block Grant |
establish a demonstration project to train individuals to |
become home child care providers who are able to establish and |
operate their own home-based child care facilities. The |
Department of Human Services is authorized to use funds for |
this purpose from the child care and development funds |
deposited into the DHS Special Purposes Trust Fund as |
described in Section 12-10 of the Illinois Public Aid Code or |
deposited into the Employment and Training Fund as described |
in Section 12-10.3 of the Illinois Public Aid Code. As an |
economic development program, the project's focus is to foster |
|
individual self-sufficiency through an entrepreneurial |
approach by the creation of new jobs and opening of new small |
home-based child care businesses. The demonstration project |
shall involve coordination among State and county governments |
and the private sector, including but not limited to: the |
community college system, the Departments of Labor and |
Commerce and Economic Opportunity, the State Board of |
Education, large and small private businesses, nonprofit |
programs, unions, and child care providers in the State. |
The Department shall submit: |
(1) a progress report on the demonstration project to |
the legislature by one year after January 1, 1992 (the |
effective date of Public Act 87-332); and |
(2) a final evaluation report on the demonstration |
project, including findings and recommendations, to the |
legislature by one year after the due date of the progress |
report. |
(c) The Department of Human Services may from |
appropriations from the Child Care Development Block Grant |
provide grants to family child care providers and center based |
programs to convert and renovate existing facilities, to the |
extent permitted by federal law, so additional family child |
care homes and child care centers can be located in such |
facilities. |
(1) Applications for grants shall be made to the |
Department and shall contain information as the Department |
|
shall require by rule. Every applicant shall provide |
assurance to the Department that: |
(A) the facility to be renovated or improved shall |
be used as family child care home or child care center |
for a continuous period of at least 5 years; |
(B) any family child care home or child care |
center program located in a renovated or improved |
facility shall be licensed by the Department; |
(C) the program shall comply with applicable |
federal and State laws prohibiting discrimination |
against any person on the basis of race, color, |
national origin, religion, creed, or sex; |
(D) the grant shall not be used for purposes of |
entertainment or perquisites; |
(E) the applicant shall comply with any other |
requirement the Department may prescribe to ensure |
adherence to applicable federal, State, and county |
laws; |
(F) all renovations and improvements undertaken |
with funds received under this Section shall comply |
with all applicable State and county statutes and |
ordinances including applicable building codes and |
structural requirements of the Department; and |
(G) the applicant shall indemnify and save |
harmless the State and its officers, agents, and |
employees from and against any and all claims arising |
|
out of or resulting from the renovation and |
improvements made with funds provided by this Section, |
and, upon request of the Department, the applicant |
shall procure sufficient insurance to provide that |
indemnification. |
(2) To receive a grant under this Section to convert |
an existing facility into a family child care home or |
child care center facility, the applicant shall: |
(A) agree to make available to the Department of |
Human Services all records it may have relating to the |
operation of any family child care home and child care |
center facility, and to allow State agencies to |
monitor its compliance with the purpose of this |
Section; |
(B) agree that, if the facility is to be altered or |
improved, or is to be used by other groups, moneys |
appropriated by this Section shall be used for |
renovating or improving the facility only to the |
proportionate extent that the floor space will be used |
by the child care program; and |
(C) establish, to the satisfaction of the |
Department , that sufficient funds are available for |
the effective use of the facility for the purpose for |
which it is being renovated or improved. |
(3) In selecting applicants for funding, the |
Department shall make every effort to ensure that family |
|
child care home or child care center facilities are |
equitably distributed throughout the State according to |
demographic need. The Department shall give priority |
consideration to rural/Downstate areas of the State that |
are currently experiencing a shortage of child care |
services. |
(4) In considering applications for grants to renovate |
or improve an existing facility used for the operations of |
a family child care home or child care center, the |
Department shall give preference to applications to |
renovate facilities most in need of repair to address |
safety and habitability concerns. No grant shall be |
disbursed unless an agreement is entered into between the |
applicant and the State, by and through the Department. |
The agreement shall include the assurances and conditions |
required by this Section and any other terms which the |
Department may require. |
(d) This Section is repealed on July 1, 2026. |
(Source: P.A. 103-363, eff. 7-28-23.)
|
Section 90-15. The Department of Human Services Act is |
amended by changing Sections 1-75, 10-16, and 10-22 as |
follows:
|
(20 ILCS 1305/1-75) |
Sec. 1-75. Off-Hours Child Care Program. |
|
(a) Legislative intent. The General Assembly finds that: |
(1) Finding child care can be a challenge for |
firefighters, paramedics, police officers, nurses, and |
other third shift workers across the State who often work |
non-typical work hours. This can impact home life, school, |
bedtime routines, job safety, and the mental health of |
some of our most critical front line workers and their |
families. |
(2) There is a need for increased options for |
off-hours child care in the State. A majority of the |
State's child care facilities do not provide care outside |
of normal work hours, with just 3,251 day care homes and |
435 group day care homes that provide night care. |
(3) Illinois has a vested interest in ensuring that |
our first responders and working families can provide |
their children with appropriate care during off hours to |
improve the morale of existing first responders and to |
improve recruitment into the future. |
(b) As used in this Section, "first responders" means |
emergency medical services personnel as defined in the |
Emergency Medical Services (EMS) Systems Act, firefighters, |
law enforcement officers, and, as determined by the |
Department, any other workers who, on account of their work |
schedule, need child care outside of the hours when licensed |
child care facilities typically operate. |
(c) Subject to appropriation, the Department of Human |
|
Services shall establish and administer an Off-Hours Child |
Care Program to help first responders and other workers |
identify and access off-hours, night, or sleep time child |
care. Services funded under the program must address the child |
care needs of first responders. Funding provided under the |
program may also be used to cover any capital and operating |
expenses related to the provision of off-hours, night, or |
sleep time child care for first responders. Funding awarded |
under this Section shall be funded through appropriations from |
the Off-Hours Child Care Program Fund created under subsection |
(d). The Department shall implement the program by July 1, |
2023. The Department may adopt any rules necessary to |
implement the program. |
(d) The Off-Hours Child Care Program Fund is created as a |
special fund in the State treasury. The Fund shall consist of |
any moneys appropriated to the Department of Human Services |
for the Off-Hours Child Care Program. Moneys in the Fund shall |
be expended for the Off-Hours Child Care Program and for no |
other purpose. All interest earned on moneys in the Fund shall |
be deposited into the Fund. |
(e) This Section is repealed on July 1, 2026. |
(Source: P.A. 102-912, eff. 5-27-22; 103-154, eff. 6-30-23.)
|
(20 ILCS 1305/10-16) |
Sec. 10-16. Home visiting program. |
(a) The General Assembly finds that research-informed home |
|
visiting programs work to strengthen families' functioning and |
support parents in caring for their children to ensure optimal |
child development. |
(b) The Department shall establish a home visiting program |
to support communities in providing intensive home visiting |
programs to pregnant persons and families with children from |
birth up to elementary school enrollment. Services shall be |
offered on a voluntary basis to families. In awarding grants |
under the program, the Department shall prioritize populations |
or communities in need of such services, as determined by the |
Department, based on data including, but not limited to, |
statewide home visiting needs assessments. Eligibility under |
the program shall also take into consideration requirements of |
the federal Maternal, Infant, and Early Childhood Home |
Visiting Program and Head Start and Early Head Start to ensure |
appropriate alignment. The overall goals for these services |
are to: |
(1) improve maternal and newborn health; |
(2) prevent child abuse and neglect; |
(3) promote children's development and readiness to |
participate in school; and |
(4) connect families to needed community resources and |
supports. |
(b) Allowable uses of funding include: |
(1) Grants to community-based organizations to |
implement home visiting and family support services with |
|
fidelity to research-informed home visiting program |
models, as defined by the Department. Services may |
include, but are not limited to: |
(A) personal visits with a child and the child's |
parent or caregiver at a periodicity aligned with the |
model being implemented; |
(B) opportunities for connections with other |
parents and caregivers in their community and other |
social and community supports; |
(C) enhancements to research-informed home |
visiting program models based on community needs |
including doula services, and other program |
innovations as approved by the Department; and |
(D) referrals to other resources needed by |
families. |
(2) Infrastructure supports for grantees, including, |
but not limited to, professional development for the |
workforce, technical assistance and capacity-building, |
data system and supports, infant and early childhood |
mental health consultation, trauma-informed practices, |
research, universal newborn screening, and coordinated |
intake. |
(c) Subject to appropriation, the Department shall award |
grants to community-based agencies in accordance with this |
Section and any other rules that may be adopted by the |
Department. Successful grantees under this program shall |
|
comply with policies and procedures on program, data, and |
expense reporting as developed by the Department. |
(d) Funds received under this Section shall supplement, |
not supplant, other existing or new federal, State, or local |
sources of funding for these services. Any new federal funding |
received shall supplement and not supplant funding for this |
program. |
(e) The Department shall collaborate with relevant |
agencies to support the coordination and alignment of home |
visiting services provided through other State and federal |
funds, to the extent possible. The Department shall |
collaborate with the State Board of Education, the Department |
of Healthcare and Family Services, and Head Start and Early |
Head Start in the implementation of these services to support |
alignment with home visiting services provided through the |
Early Childhood Block Grant and the State's Medical Assistance |
Program, respectively, to the extent possible. |
(f) An advisory committee shall advise the Department |
concerning the implementation of the home visiting program. |
The advisory committee shall make recommendations on policy |
and implementation. The Department shall determine whether the |
advisory committee shall be a newly created body or an |
existing body such as a committee of the Illinois Early |
Learning Council. The advisory committee shall consist of one |
or more representatives of the Department, other members |
representing public and private entities that serve and |
|
interact with the families served under the home visiting |
program, with the input of families engaged in home visiting |
or related services themselves. Family input may be secured by |
engaging families as members of this advisory committee or as |
a separate committee of family representatives. |
(g) The Department may adopt any rules necessary to |
implement this Section. |
(i) This Section is repealed on July 1, 2026. |
(Source: P.A. 103-498, eff. 1-1-24 .)
|
(20 ILCS 1305/10-22) |
Sec. 10-22. Great START program. |
(a) The Department of Human Services shall, subject to a |
specific appropriation for this purpose, operate a Great START |
(Strategy To Attract and Retain Teachers) program. The goal of |
the program is to improve children's developmental and |
educational outcomes in child care by encouraging increased |
professional preparation by staff and staff retention. The |
Great START program shall coordinate with the TEACH |
professional development program. |
The program shall provide wage supplements and may include |
other incentives to licensed child care center personnel, |
including early childhood teachers, school-age workers, early |
childhood assistants, school-age assistants, and directors, as |
such positions are defined by administrative rule of the |
Department of Children and Family Services. The program shall |
|
provide wage supplements and may include other incentives to |
licensed family day care home personnel and licensed group day |
care home personnel, including caregivers and assistants as |
such positions are defined by administrative rule of the |
Department of Children and Family Services. Individuals will |
receive supplements commensurate with their qualifications. |
(b) (Blank). |
(c) The Department shall, by rule, define the scope and |
operation of the program, including a wage supplement scale. |
The scale shall pay increasing amounts for higher levels of |
educational attainment beyond minimum qualifications and shall |
recognize longevity of employment. Subject to the availability |
of sufficient appropriation, the wage supplements shall be |
paid to child care personnel in the form of bonuses at 6 month |
intervals. Six months of continuous service with a single |
employer is required to be eligible to receive a wage |
supplement bonus. Wage supplements shall be paid directly to |
individual day care personnel, not to their employers. |
Eligible individuals must provide to the Department or its |
agent all information and documentation, including but not |
limited to college transcripts, to demonstrate their |
qualifications for a particular wage supplement level. |
If appropriations permit, the Department may include |
one-time signing bonuses or other incentives to help providers |
attract staff, provided that the signing bonuses are less than |
the supplement staff would have received if they had remained |
|
employed with another day care center or family day care home. |
If appropriations permit, the Department may include |
one-time longevity bonuses or other incentives to recognize |
staff who have remained with a single employer. |
(d) (Blank). |
(e) This Section is repealed on July 1, 2026. |
(Source: P.A. 93-711, eff. 7-12-04.)
|
Section 90-20. The Illinois Early Learning Council Act is |
amended by changing Section 10 as follows:
|
(20 ILCS 3933/10) |
Sec. 10. Membership. The Illinois Early Learning Council |
shall include representation from both public and private |
organizations, and its membership shall reflect regional, |
racial, and cultural diversity to ensure representation of the |
needs of all Illinois children. One member shall be appointed |
by the President of the Senate, one member appointed by the |
Minority Leader of the Senate, one member appointed by the |
Speaker of the House of Representatives, one member appointed |
by the Minority Leader of the House of Representatives, and |
other members appointed by the Governor. The Governor's |
appointments shall include without limitation the following: |
(1) A leader of stature from the Governor's office, to |
serve as co-chairperson of the Council. |
(2) The chief administrators of the following State |
|
agencies: Department of Early Childhood, State Board of |
Education; Department of Human Services; Department of |
Children and Family Services; Department of Public Health; |
Department of Healthcare and Family Services; Board of |
Higher Education; and Illinois Community College Board. |
(3) Local government stakeholders and nongovernment |
stakeholders with an interest in early childhood care and |
education, including representation from the following |
private-sector fields and constituencies: early childhood |
education and development; child care; child advocacy; |
parenting support; local community collaborations among |
early care and education programs and services; maternal |
and child health; children with special needs; business; |
labor; and law enforcement. The Governor shall designate |
one of the members who is a nongovernment stakeholder to |
serve as co-chairperson. |
In addition, the Governor shall request that the Region V |
office of the U.S. Department of Health and Human Services' |
Administration for Children and Families appoint a member to |
the Council to represent federal children's programs and |
services. |
Members appointed by General Assembly members and members |
appointed by the Governor who are local government or |
nongovernment stakeholders shall serve 3-year terms, except |
that of the initial appointments, half of these members, as |
determined by lot, shall be appointed to 2-year terms so that |
|
terms are staggered. Members shall serve on a voluntary, |
unpaid basis. |
(Source: P.A. 95-331, eff. 8-21-07.)
|
Section 90-25. The Illinois Procurement Code is amended by |
changing Section 1-10 as follows:
|
(30 ILCS 500/1-10) |
Sec. 1-10. Application. |
(a) This Code applies only to procurements for which |
bidders, offerors, potential contractors, or contractors were |
first solicited on or after July 1, 1998. This Code shall not |
be construed to affect or impair any contract, or any |
provision of a contract, entered into based on a solicitation |
prior to the implementation date of this Code as described in |
Article 99, including, but not limited to, any covenant |
entered into with respect to any revenue bonds or similar |
instruments. All procurements for which contracts are |
solicited between the effective date of Articles 50 and 99 and |
July 1, 1998 shall be substantially in accordance with this |
Code and its intent. |
(b) This Code shall apply regardless of the source of the |
funds with which the contracts are paid, including federal |
assistance moneys. This Code shall not apply to: |
(1) Contracts between the State and its political |
subdivisions or other governments, or between State |
|
governmental bodies, except as specifically provided in |
this Code. |
(2) Grants, except for the filing requirements of |
Section 20-80. |
(3) Purchase of care, except as provided in Section |
5-30.6 of the Illinois Public Aid Code and this Section. |
(4) Hiring of an individual as an employee and not as |
an independent contractor, whether pursuant to an |
employment code or policy or by contract directly with |
that individual. |
(5) Collective bargaining contracts. |
(6) Purchase of real estate, except that notice of |
this type of contract with a value of more than $25,000 |
must be published in the Procurement Bulletin within 10 |
calendar days after the deed is recorded in the county of |
jurisdiction. The notice shall identify the real estate |
purchased, the names of all parties to the contract, the |
value of the contract, and the effective date of the |
contract. |
(7) Contracts necessary to prepare for anticipated |
litigation, enforcement actions, or investigations, |
provided that the chief legal counsel to the Governor |
shall give his or her prior approval when the procuring |
agency is one subject to the jurisdiction of the Governor, |
and provided that the chief legal counsel of any other |
procuring entity subject to this Code shall give his or |
|
her prior approval when the procuring entity is not one |
subject to the jurisdiction of the Governor. |
(8) (Blank). |
(9) Procurement expenditures by the Illinois |
Conservation Foundation when only private funds are used. |
(10) (Blank). |
(11) Public-private agreements entered into according |
to the procurement requirements of Section 20 of the |
Public-Private Partnerships for Transportation Act and |
design-build agreements entered into according to the |
procurement requirements of Section 25 of the |
Public-Private Partnerships for Transportation Act. |
(12) (A) Contracts for legal, financial, and other |
professional and artistic services entered into by the |
Illinois Finance Authority in which the State of Illinois |
is not obligated. Such contracts shall be awarded through |
a competitive process authorized by the members of the |
Illinois Finance Authority and are subject to Sections |
5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code, |
as well as the final approval by the members of the |
Illinois Finance Authority of the terms of the contract. |
(B) Contracts for legal and financial services entered |
into by the Illinois Housing Development Authority in |
connection with the issuance of bonds in which the State |
of Illinois is not obligated. Such contracts shall be |
awarded through a competitive process authorized by the |
|
members of the Illinois Housing Development Authority and |
are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35, |
and 50-37 of this Code, as well as the final approval by |
the members of the Illinois Housing Development Authority |
of the terms of the contract. |
(13) Contracts for services, commodities, and |
equipment to support the delivery of timely forensic |
science services in consultation with and subject to the |
approval of the Chief Procurement Officer as provided in |
subsection (d) of Section 5-4-3a of the Unified Code of |
Corrections, except for the requirements of Sections |
20-60, 20-65, 20-70, and 20-160 and Article 50 of this |
Code; however, the Chief Procurement Officer may, in |
writing with justification, waive any certification |
required under Article 50 of this Code. For any contracts |
for services which are currently provided by members of a |
collective bargaining agreement, the applicable terms of |
the collective bargaining agreement concerning |
subcontracting shall be followed. |
On and after January 1, 2019, this paragraph (13), |
except for this sentence, is inoperative. |
(14) Contracts for participation expenditures required |
by a domestic or international trade show or exhibition of |
an exhibitor, member, or sponsor. |
(15) Contracts with a railroad or utility that |
requires the State to reimburse the railroad or utilities |
|
for the relocation of utilities for construction or other |
public purpose. Contracts included within this paragraph |
(15) shall include, but not be limited to, those |
associated with: relocations, crossings, installations, |
and maintenance. For the purposes of this paragraph (15), |
"railroad" means any form of non-highway ground |
transportation that runs on rails or electromagnetic |
guideways and "utility" means: (1) public utilities as |
defined in Section 3-105 of the Public Utilities Act, (2) |
telecommunications carriers as defined in Section 13-202 |
of the Public Utilities Act, (3) electric cooperatives as |
defined in Section 3.4 of the Electric Supplier Act, (4) |
telephone or telecommunications cooperatives as defined in |
Section 13-212 of the Public Utilities Act, (5) rural |
water or waste water systems with 10,000 connections or |
less, (6) a holder as defined in Section 21-201 of the |
Public Utilities Act, and (7) municipalities owning or |
operating utility systems consisting of public utilities |
as that term is defined in Section 11-117-2 of the |
Illinois Municipal Code. |
(16) Procurement expenditures necessary for the |
Department of Public Health to provide the delivery of |
timely newborn screening services in accordance with the |
Newborn Metabolic Screening Act. |
(17) Procurement expenditures necessary for the |
Department of Agriculture, the Department of Financial and |
|
Professional Regulation, the Department of Human Services, |
and the Department of Public Health to implement the |
Compassionate Use of Medical Cannabis Program and Opioid |
Alternative Pilot Program requirements and ensure access |
to medical cannabis for patients with debilitating medical |
conditions in accordance with the Compassionate Use of |
Medical Cannabis Program Act. |
(18) This Code does not apply to any procurements |
necessary for the Department of Agriculture, the |
Department of Financial and Professional Regulation, the |
Department of Human Services, the Department of Commerce |
and Economic Opportunity, and the Department of Public |
Health to implement the Cannabis Regulation and Tax Act if |
the applicable agency has made a good faith determination |
that it is necessary and appropriate for the expenditure |
to fall within this exemption and if the process is |
conducted in a manner substantially in accordance with the |
requirements of Sections 20-160, 25-60, 30-22, 50-5, |
50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35, |
50-36, 50-37, 50-38, and 50-50 of this Code; however, for |
Section 50-35, compliance applies only to contracts or |
subcontracts over $100,000. Notice of each contract |
entered into under this paragraph (18) that is related to |
the procurement of goods and services identified in |
paragraph (1) through (9) of this subsection shall be |
published in the Procurement Bulletin within 14 calendar |
|
days after contract execution. The Chief Procurement |
Officer shall prescribe the form and content of the |
notice. Each agency shall provide the Chief Procurement |
Officer, on a monthly basis, in the form and content |
prescribed by the Chief Procurement Officer, a report of |
contracts that are related to the procurement of goods and |
services identified in this subsection. At a minimum, this |
report shall include the name of the contractor, a |
description of the supply or service provided, the total |
amount of the contract, the term of the contract, and the |
exception to this Code utilized. A copy of any or all of |
these contracts shall be made available to the Chief |
Procurement Officer immediately upon request. The Chief |
Procurement Officer shall submit a report to the Governor |
and General Assembly no later than November 1 of each year |
that includes, at a minimum, an annual summary of the |
monthly information reported to the Chief Procurement |
Officer. This exemption becomes inoperative 5 years after |
June 25, 2019 (the effective date of Public Act 101-27). |
(19) Acquisition of modifications or adjustments, |
limited to assistive technology devices and assistive |
technology services, adaptive equipment, repairs, and |
replacement parts to provide reasonable accommodations (i) |
that enable a qualified applicant with a disability to |
complete the job application process and be considered for |
the position such qualified applicant desires, (ii) that |
|
modify or adjust the work environment to enable a |
qualified current employee with a disability to perform |
the essential functions of the position held by that |
employee, (iii) to enable a qualified current employee |
with a disability to enjoy equal benefits and privileges |
of employment as are enjoyed by other similarly situated |
employees without disabilities, and (iv) that allow a |
customer, client, claimant, or member of the public |
seeking State services full use and enjoyment of and |
access to its programs, services, or benefits. |
For purposes of this paragraph (19): |
"Assistive technology devices" means any item, piece |
of equipment, or product system, whether acquired |
commercially off the shelf, modified, or customized, that |
is used to increase, maintain, or improve functional |
capabilities of individuals with disabilities. |
"Assistive technology services" means any service that |
directly assists an individual with a disability in |
selection, acquisition, or use of an assistive technology |
device. |
"Qualified" has the same meaning and use as provided |
under the federal Americans with Disabilities Act when |
describing an individual with a disability. |
(20) Procurement expenditures necessary for the |
Illinois Commerce Commission to hire third-party |
facilitators pursuant to Sections 16-105.17 and 16-108.18 |
|
of the Public Utilities Act or an ombudsman pursuant to |
Section 16-107.5 of the Public Utilities Act, a |
facilitator pursuant to Section 16-105.17 of the Public |
Utilities Act, or a grid auditor pursuant to Section |
16-105.10 of the Public Utilities Act. |
(21) Procurement expenditures for the purchase, |
renewal, and expansion of software, software licenses, or |
software maintenance agreements that support the efforts |
of the Illinois State Police to enforce, regulate, and |
administer the Firearm Owners Identification Card Act, the |
Firearm Concealed Carry Act, the Firearms Restraining |
Order Act, the Firearm Dealer License Certification Act, |
the Law Enforcement Agencies Data System (LEADS), the |
Uniform Crime Reporting Act, the Criminal Identification |
Act, the Illinois Uniform Conviction Information Act, and |
the Gun Trafficking Information Act, or establish or |
maintain record management systems necessary to conduct |
human trafficking investigations or gun trafficking or |
other stolen firearm investigations. This paragraph (21) |
applies to contracts entered into on or after January 10, |
2023 (the effective date of Public Act 102-1116) and the |
renewal of contracts that are in effect on January 10, |
2023 (the effective date of Public Act 102-1116). |
(22) Contracts for project management services and |
system integration services required for the completion of |
the State's enterprise resource planning project. This |
|
exemption becomes inoperative 5 years after June 7, 2023 |
(the effective date of the changes made to this Section by |
Public Act 103-8). This paragraph (22) applies to |
contracts entered into on or after June 7, 2023 (the |
effective date of the changes made to this Section by |
Public Act 103-8) and the renewal of contracts that are in |
effect on June 7, 2023 (the effective date of the changes |
made to this Section by Public Act 103-8). |
(23) Procurements necessary for the Department of |
Insurance to implement the Illinois Health Benefits |
Exchange Law if the Department of Insurance has made a |
good faith determination that it is necessary and |
appropriate for the expenditure to fall within this |
exemption. The procurement process shall be conducted in a |
manner substantially in accordance with the requirements |
of Sections 20-160 and 25-60 and Article 50 of this Code. A |
copy of these contracts shall be made available to the |
Chief Procurement Officer immediately upon request. This |
paragraph is inoperative 5 years after June 27, 2023 (the |
effective date of Public Act 103-103). |
(24) (22) Contracts for public education programming, |
noncommercial sustaining announcements, public service |
announcements, and public awareness and education |
messaging with the nonprofit trade associations of the |
providers of those services that inform the public on |
immediate and ongoing health and safety risks and hazards. |
|
(25) Procurements necessary for the Department of |
Early Childhood to implement the Department of Early |
Childhood Act if the Department has made a good faith |
determination that it is necessary and appropriate for the |
expenditure to fall within this exemption. This exemption |
shall only be used for products and services procured |
solely for use by the Department of Early Childhood. The |
procurements may include those necessary to design and |
build integrated, operational systems of programs and |
services. The procurements may include, but are not |
limited to, those necessary to align and update program |
standards, integrate funding systems, design and establish |
data and reporting systems, align and update models for |
technical assistance and professional development, design |
systems to manage grants and ensure compliance, design and |
implement management and operational structures, and |
establish new means of engaging with families, educators, |
providers, and stakeholders. The procurement processes |
shall be conducted in a manner substantially in accordance |
with the requirements of Article 50 (ethics) and Sections |
5-5 (Procurement Policy Board), 5-7 (Commission on Equity |
and Inclusion), 20-80 (contract files), 20-120 |
(subcontractors), 20-155 (paperwork), 20-160 |
(ethics/campaign contribution prohibitions), 25-60 |
(prevailing wage), and 25-90 (prohibited and authorized |
cybersecurity) of this Code. Beginning January 1, 2025, |
|
the Department of Early Childhood shall provide a |
quarterly report to the General Assembly detailing a list |
of expenditures and contracts for which the Department |
uses this exemption. This paragraph is inoperative on and |
after July 1, 2027. |
Notwithstanding any other provision of law, for contracts |
with an annual value of more than $100,000 entered into on or |
after October 1, 2017 under an exemption provided in any |
paragraph of this subsection (b), except paragraph (1), (2), |
or (5), each State agency shall post to the appropriate |
procurement bulletin the name of the contractor, a description |
of the supply or service provided, the total amount of the |
contract, the term of the contract, and the exception to the |
Code utilized. The chief procurement officer shall submit a |
report to the Governor and General Assembly no later than |
November 1 of each year that shall include, at a minimum, an |
annual summary of the monthly information reported to the |
chief procurement officer. |
(c) This Code does not apply to the electric power |
procurement process provided for under Section 1-75 of the |
Illinois Power Agency Act and Section 16-111.5 of the Public |
Utilities Act. This Code does not apply to the procurement of |
technical and policy experts pursuant to Section 1-129 of the |
Illinois Power Agency Act. |
(d) Except for Section 20-160 and Article 50 of this Code, |
and as expressly required by Section 9.1 of the Illinois |
|
Lottery Law, the provisions of this Code do not apply to the |
procurement process provided for under Section 9.1 of the |
Illinois Lottery Law. |
(e) This Code does not apply to the process used by the |
Capital Development Board to retain a person or entity to |
assist the Capital Development Board with its duties related |
to the determination of costs of a clean coal SNG brownfield |
facility, as defined by Section 1-10 of the Illinois Power |
Agency Act, as required in subsection (h-3) of Section 9-220 |
of the Public Utilities Act, including calculating the range |
of capital costs, the range of operating and maintenance |
costs, or the sequestration costs or monitoring the |
construction of clean coal SNG brownfield facility for the |
full duration of construction. |
(f) (Blank). |
(g) (Blank). |
(h) This Code does not apply to the process to procure or |
contracts entered into in accordance with Sections 11-5.2 and |
11-5.3 of the Illinois Public Aid Code. |
(i) Each chief procurement officer may access records |
necessary to review whether a contract, purchase, or other |
expenditure is or is not subject to the provisions of this |
Code, unless such records would be subject to attorney-client |
privilege. |
(j) This Code does not apply to the process used by the |
Capital Development Board to retain an artist or work or works |
|
of art as required in Section 14 of the Capital Development |
Board Act. |
(k) This Code does not apply to the process to procure |
contracts, or contracts entered into, by the State Board of |
Elections or the State Electoral Board for hearing officers |
appointed pursuant to the Election Code. |
(l) This Code does not apply to the processes used by the |
Illinois Student Assistance Commission to procure supplies and |
services paid for from the private funds of the Illinois |
Prepaid Tuition Fund. As used in this subsection (l), "private |
funds" means funds derived from deposits paid into the |
Illinois Prepaid Tuition Trust Fund and the earnings thereon. |
(m) This Code shall apply regardless of the source of |
funds with which contracts are paid, including federal |
assistance moneys. Except as specifically provided in this |
Code, this Code shall not apply to procurement expenditures |
necessary for the Department of Public Health to conduct the |
Healthy Illinois Survey in accordance with Section 2310-431 of |
the Department of Public Health Powers and Duties Law of the |
Civil Administrative Code of Illinois. |
(Source: P.A. 102-175, eff. 7-29-21; 102-483, eff 1-1-22; |
102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, eff. |
9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22; |
102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-103, eff. |
6-27-23; 103-570, eff. 1-1-24; 103-580, eff. 12-8-23; revised |
1-2-24.)
|
|
Section 90-30. The School Code is amended by changing |
Sections 1A-4, 1C-2, 1C-4, 1D-1, 2-3.47, 2-3.64a-10, 2-3.71, |
2-3.71a, 2-3.79, 2-3.89, 10-22.6, 21B-50, 22-45, and 26-19 as |
follows:
|
(105 ILCS 5/1A-4) (from Ch. 122, par. 1A-4) |
Sec. 1A-4. Powers and duties of the Board. |
A. (Blank). |
B. The Board shall determine the qualifications of and |
appoint a chief education officer, to be known as the State |
Superintendent of Education, who may be proposed by the |
Governor and who shall serve at the pleasure of the Board and |
pursuant to a performance-based contract linked to statewide |
student performance and academic improvement within Illinois |
schools. Upon expiration or buyout of the contract of the |
State Superintendent of Education in office on the effective |
date of this amendatory Act of the 93rd General Assembly, a |
State Superintendent of Education shall be appointed by a |
State Board of Education that includes the 7 new Board members |
who were appointed to fill seats of members whose terms were |
terminated on the effective date of this amendatory Act of the |
93rd General Assembly. Thereafter, a State Superintendent of |
Education must, at a minimum, be appointed at the beginning of |
each term of a Governor after that Governor has made |
appointments to the Board. A performance-based contract issued |
|
for the employment of a State Superintendent of Education |
entered into on or after the effective date of this amendatory |
Act of the 93rd General Assembly must expire no later than |
February 1, 2007, and subsequent contracts must expire no |
later than February 1 each 4 years thereafter. No contract |
shall be extended or renewed beyond February 1, 2007 and |
February 1 each 4 years thereafter, but a State Superintendent |
of Education shall serve until his or her successor is |
appointed. Each contract entered into on or before January 8, |
2007 with a State Superintendent of Education must provide |
that the State Board of Education may terminate the contract |
for cause, and the State Board of Education shall not |
thereafter be liable for further payments under the contract. |
With regard to this amendatory Act of the 93rd General |
Assembly, it is the intent of the General Assembly that, |
beginning with the Governor who takes office on the second |
Monday of January, 2007, a State Superintendent of Education |
be appointed at the beginning of each term of a Governor after |
that Governor has made appointments to the Board. The State |
Superintendent of Education shall not serve as a member of the |
State Board of Education. The Board shall set the compensation |
of the State Superintendent of Education who shall serve as |
the Board's chief executive officer. The Board shall also |
establish the duties, powers and responsibilities of the State |
Superintendent, which shall be included in the State |
Superintendent's performance-based contract along with the |
|
goals and indicators of student performance and academic |
improvement used to measure the performance and effectiveness |
of the State Superintendent. The State Board of Education may |
delegate to the State Superintendent of Education the |
authority to act on the Board's behalf, provided such |
delegation is made pursuant to adopted board policy or the |
powers delegated are ministerial in nature. The State Board |
may not delegate authority under this Section to the State |
Superintendent to (1) nonrecognize school districts, (2) |
withhold State payments as a penalty, or (3) make final |
decisions under the contested case provisions of the Illinois |
Administrative Procedure Act unless otherwise provided by law. |
C. The powers and duties of the State Board of Education |
shall encompass all duties delegated to the Office of |
Superintendent of Public Instruction on January 12, 1975, |
except as the law providing for such powers and duties is |
thereafter amended, and such other powers and duties as the |
General Assembly shall designate. The Board shall be |
responsible for the educational policies and guidelines for |
public schools, pre-school through grade 12 and Vocational |
Education in the State of Illinois. Beginning July 1, 2024, |
educational policies and guidelines pertaining to pre-school |
and the Prevention Initiative program shall be done in |
consultation with the Department of Early Childhood. The Board |
shall analyze the present and future aims, needs, and |
requirements of education in the State of Illinois and |
|
recommend to the General Assembly the powers which should be |
exercised by the Board. The Board shall recommend the passage |
and the legislation necessary to determine the appropriate |
relationship between the Board and local boards of education |
and the various State agencies and shall recommend desirable |
modifications in the laws which affect schools. |
D. Two members of the Board shall be appointed by the |
chairperson to serve on a standing joint Education Committee, |
2 others shall be appointed from the Board of Higher |
Education, 2 others shall be appointed by the chairperson of |
the Illinois Community College Board, and 2 others shall be |
appointed by the chairperson of the Human Resource Investment |
Council. The Committee shall be responsible for making |
recommendations concerning the submission of any workforce |
development plan or workforce training program required by |
federal law or under any block grant authority. The Committee |
will be responsible for developing policy on matters of mutual |
concern to elementary, secondary and higher education such as |
Occupational and Career Education, Teacher Preparation and |
Licensure, Educational Finance, Articulation between |
Elementary, Secondary and Higher Education and Research and |
Planning. The joint Education Committee shall meet at least |
quarterly and submit an annual report of its findings, |
conclusions, and recommendations to the State Board of |
Education, the Board of Higher Education, the Illinois |
Community College Board, the Human Resource Investment |
|
Council, the Governor, and the General Assembly. All meetings |
of this Committee shall be official meetings for reimbursement |
under this Act. On the effective date of this amendatory Act of |
the 95th General Assembly, the Joint Education Committee is |
abolished. |
E. Five members of the Board shall constitute a quorum. A |
majority vote of the members appointed, confirmed and serving |
on the Board is required to approve any action, except that the |
7 new Board members who were appointed to fill seats of members |
whose terms were terminated on the effective date of this |
amendatory act of the 93rd General Assembly may vote to |
approve actions when appointed and serving. |
F. Upon appointment of the 7 new Board members who were |
appointed to fill seats of members whose terms were terminated |
on the effective date of this amendatory Act of the 93rd |
General Assembly, the Board shall review all of its current |
rules in an effort to streamline procedures, improve |
efficiency, and eliminate unnecessary forms and paperwork. |
(Source: P.A. 102-894, eff. 5-20-22.)
|
(105 ILCS 5/1C-2) |
Sec. 1C-2. Block grants. |
(a) For fiscal year 1999, and each fiscal year thereafter |
through fiscal year 2026 , the State Board of Education shall |
award to school districts block grants as described in |
subsection (c). The State Board of Education may adopt rules |
|
and regulations necessary to implement this Section. In |
accordance with Section 2-3.32, all state block grants are |
subject to an audit. Therefore, block grant receipts and block |
grant expenditures shall be recorded to the appropriate fund |
code. |
(b) (Blank). |
(c) An Early Childhood Education Block Grant shall be |
created by combining the following programs: Preschool |
Education, Parental Training and Prevention Initiative. These |
funds shall be distributed to school districts and other |
entities on a competitive basis, except that the State Board |
of Education shall award to a school district having a |
population exceeding 500,000 inhabitants 37% of the funds in |
each fiscal year. Not less than 14% of the Early Childhood |
Education Block Grant allocation of funds shall be used to |
fund programs for children ages 0-3. Beginning in Fiscal Year |
2016, at least 25% of any additional Early Childhood Education |
Block Grant funding over and above the previous fiscal year's |
allocation shall be used to fund programs for children ages |
0-3. Once the percentage of Early Childhood Education Block |
Grant funding allocated to programs for children ages 0-3 |
reaches 20% of the overall Early Childhood Education Block |
Grant allocation for a full fiscal year, thereafter in |
subsequent fiscal years the percentage of Early Childhood |
Education Block Grant funding allocated to programs for |
children ages 0-3 each fiscal year shall remain at least 20% of |
|
the overall Early Childhood Education Block Grant allocation. |
However, if, in a given fiscal year, the amount appropriated |
for the Early Childhood Education Block Grant is insufficient |
to increase the percentage of the grant to fund programs for |
children ages 0-3 without reducing the amount of the grant for |
existing providers of preschool education programs, then the |
percentage of the grant to fund programs for children ages 0-3 |
may be held steady instead of increased. This subsection (c) is |
inoperative on and after July 1, 2026. |
(Source: P.A. 99-589, eff. 7-21-16; 100-465, eff. 8-31-17.)
|
(105 ILCS 5/1C-4) |
Sec. 1C-4. Reports. A school district that receives an |
Early Childhood Education Block Grant shall report to the |
State Board of Education on its use of the block grant in such |
form and detail as the State Board of Education may specify. In |
addition, the report must include the following description |
for the district, which must also be reported to the General |
Assembly: block grant allocation and expenditures by program; |
population and service levels by program; and administrative |
expenditures by program. The State Board of Education shall |
ensure that the reporting requirements for a district |
organized under Article 34 of this Code are the same as for all |
other school districts in this State. |
This Section is repealed on July 1, 2026. |
(Source: P.A. 99-30, eff. 7-10-15.)
|
|
(105 ILCS 5/1D-1) |
(Text of Section from P.A. 100-55) |
Sec. 1D-1. Block grant funding. |
(a) For fiscal year 1996 and each fiscal year thereafter, |
the State Board of Education shall award to a school district |
having a population exceeding 500,000 inhabitants a general |
education block grant and an educational services block grant, |
determined as provided in this Section, in lieu of |
distributing to the district separate State funding for the |
programs described in subsections (b) and (c). The provisions |
of this Section, however, do not apply to any federal funds |
that the district is entitled to receive. In accordance with |
Section 2-3.32, all block grants are subject to an audit. |
Therefore, block grant receipts and block grant expenditures |
shall be recorded to the appropriate fund code for the |
designated block grant. |
(b) The general education block grant shall include the |
following programs: REI Initiative, Summer Bridges, Preschool |
Education, K-6 Comprehensive Arts, School Improvement Support, |
Urban Education, Scientific Literacy, Substance Abuse |
Prevention, Second Language Planning, Staff Development, |
Outcomes and Assessment, K-6 Reading Improvement, 7-12 |
Continued Reading Improvement, Truants' Optional Education, |
Hispanic Programs, Agriculture Education, Parental Training, |
Prevention Initiative, Report Cards, and Criminal Background |
|
Investigations. The general education block grant shall also |
include Preschool Education, Parental Training, and Prevention |
Initiative through June 30, 2026. Notwithstanding any other |
provision of law, all amounts paid under the general education |
block grant from State appropriations to a school district in |
a city having a population exceeding 500,000 inhabitants shall |
be appropriated and expended by the board of that district for |
any of the programs included in the block grant or any of the |
board's lawful purposes. Beginning in Fiscal Year 2018, at |
least 25% of any additional Preschool Education, Parental |
Training, and Prevention Initiative program funding over and |
above the previous fiscal year's allocation shall be used to |
fund programs for children ages 0-3. Beginning in Fiscal Year |
2018, funding for Preschool Education, Parental Training, and |
Prevention Initiative programs above the allocation for these |
programs in Fiscal Year 2017 must be used solely as a |
supplement for these programs and may not supplant funds |
received from other sources. |
(b-5) Beginning in Fiscal Year 2027, the Department of |
Early Childhood shall award a block grant for Preschool |
Education, Parental Training, and Prevention Initiative to a |
school district having a population exceeding 500,000 |
inhabitants. The grants are subject to audit. Therefore, block |
grant receipts and block grant expenditures shall be recorded |
to the appropriate fund code for the designated block grant. |
Notwithstanding any other provision of law, all amounts paid |
|
under the block grant from State appropriations to a school |
district in a city having a population exceeding 500,000 |
inhabitants shall be appropriated and expended by the board of |
that district for any of the programs included in the block |
grant or any of the board's lawful purposes. The district is |
not required to file any application or other claim in order to |
receive the block grant to which it is entitled under this |
Section. The Department of Early Childhood shall make payments |
to the district of amounts due under the district's block |
grant on a schedule determined by the Department. A school |
district to which this Section applies shall report to the |
Department of Early Childhood on its use of the block grant in |
such form and detail as the Department may specify. In |
addition, the report must include the following description |
for the district, which must also be reported to the General |
Assembly: block grant allocation and expenditures by program; |
population and service levels by program; and administrative |
expenditures by program. The Department shall ensure that the |
reporting requirements for the district are the same as for |
all other school districts in this State. Beginning in Fiscal |
Year 2018, at least 25% of any additional Preschool Education, |
Parental Training, and Prevention Initiative program funding |
over and above the previous fiscal year's allocation shall be |
used to fund programs for children ages 0-3. Beginning in |
Fiscal Year 2018, funding for Preschool Education, Parental |
Training, and Prevention Initiative programs above the |
|
allocation for these programs in Fiscal Year 2017 must be used |
solely as a supplement for these programs and may not supplant |
funds received from other sources. |
(c) The educational services block grant shall include the |
following programs: Regular and Vocational Transportation, |
State Lunch and Free Breakfast Program, Special Education |
(Personnel, Transportation, Orphanage, Private Tuition), |
funding for children requiring special education services, |
Summer School, Educational Service Centers, and |
Administrator's Academy. This subsection (c) does not relieve |
the district of its obligation to provide the services |
required under a program that is included within the |
educational services block grant. It is the intention of the |
General Assembly in enacting the provisions of this subsection |
(c) to relieve the district of the administrative burdens that |
impede efficiency and accompany single-program funding. The |
General Assembly encourages the board to pursue mandate |
waivers pursuant to Section 2-3.25g. |
The funding program included in the educational services |
block grant for funding for children requiring special |
education services in each fiscal year shall be treated in |
that fiscal year as a payment to the school district in respect |
of services provided or costs incurred in the prior fiscal |
year, calculated in each case as provided in this Section. |
Nothing in this Section shall change the nature of payments |
for any program that, apart from this Section, would be or, |
|
prior to adoption or amendment of this Section, was on the |
basis of a payment in a fiscal year in respect of services |
provided or costs incurred in the prior fiscal year, |
calculated in each case as provided in this Section. |
(d) For fiscal year 1996 and each fiscal year thereafter, |
the amount of the district's block grants shall be determined |
as follows: (i) with respect to each program that is included |
within each block grant, the district shall receive an amount |
equal to the same percentage of the current fiscal year |
appropriation made for that program as the percentage of the |
appropriation received by the district from the 1995 fiscal |
year appropriation made for that program, and (ii) the total |
amount that is due the district under the block grant shall be |
the aggregate of the amounts that the district is entitled to |
receive for the fiscal year with respect to each program that |
is included within the block grant that the State Board of |
Education shall award the district under this Section for that |
fiscal year. In the case of the Summer Bridges program, the |
amount of the district's block grant shall be equal to 44% of |
the amount of the current fiscal year appropriation made for |
that program. |
(e) The district is not required to file any application |
or other claim in order to receive the block grants to which it |
is entitled under this Section. The State Board of Education |
shall make payments to the district of amounts due under the |
district's block grants on a schedule determined by the State |
|
Board of Education. |
(f) A school district to which this Section applies shall |
report to the State Board of Education on its use of the block |
grants in such form and detail as the State Board of Education |
may specify. In addition, the report must include the |
following description for the district, which must also be |
reported to the General Assembly: block grant allocation and |
expenditures by program; population and service levels by |
program; and administrative expenditures by program. The State |
Board of Education shall ensure that the reporting |
requirements for the district are the same as for all other |
school districts in this State. |
(g) This paragraph provides for the treatment of block |
grants under Article 1C for purposes of calculating the amount |
of block grants for a district under this Section. Those block |
grants under Article 1C are, for this purpose, treated as |
included in the amount of appropriation for the various |
programs set forth in paragraph (b) above. The appropriation |
in each current fiscal year for each block grant under Article |
1C shall be treated for these purposes as appropriations for |
the individual program included in that block grant. The |
proportion of each block grant so allocated to each such |
program included in it shall be the proportion which the |
appropriation for that program was of all appropriations for |
such purposes now in that block grant, in fiscal 1995. |
Payments to the school district under this Section with |
|
respect to each program for which payments to school districts |
generally, as of the date of this amendatory Act of the 92nd |
General Assembly, are on a reimbursement basis shall continue |
to be made to the district on a reimbursement basis, pursuant |
to the provisions of this Code governing those programs. |
(h) Notwithstanding any other provision of law, any school |
district receiving a block grant under this Section may |
classify all or a portion of the funds that it receives in a |
particular fiscal year from any block grant authorized under |
this Code or from general State aid pursuant to Section |
18-8.05 of this Code (other than supplemental general State |
aid) as funds received in connection with any funding program |
for which it is entitled to receive funds from the State in |
that fiscal year (including, without limitation, any funding |
program referred to in subsection (c) of this Section), |
regardless of the source or timing of the receipt. The |
district may not classify more funds as funds received in |
connection with the funding program than the district is |
entitled to receive in that fiscal year for that program. Any |
classification by a district must be made by a resolution of |
its board of education. The resolution must identify the |
amount of any block grant or general State aid to be classified |
under this subsection (h) and must specify the funding program |
to which the funds are to be treated as received in connection |
therewith. This resolution is controlling as to the |
classification of funds referenced therein. A certified copy |
|
of the resolution must be sent to the State Superintendent of |
Education. The resolution shall still take effect even though |
a copy of the resolution has not been sent to the State |
Superintendent of Education in a timely manner. No |
classification under this subsection (h) by a district shall |
affect the total amount or timing of money the district is |
entitled to receive under this Code. No classification under |
this subsection (h) by a district shall in any way relieve the |
district from or affect any requirements that otherwise would |
apply with respect to the block grant as provided in this |
Section, including any accounting of funds by source, |
reporting expenditures by original source and purpose, |
reporting requirements, or requirements of provision of |
services. |
(Source: P.A. 100-55, eff. 8-11-17 .)
|
(Text of Section from P.A. 100-465) |
Sec. 1D-1. Block grant funding. |
(a) For fiscal year 1996 through fiscal year 2017, the |
State Board of Education shall award to a school district |
having a population exceeding 500,000 inhabitants a general |
education block grant and an educational services block grant, |
determined as provided in this Section, in lieu of |
distributing to the district separate State funding for the |
programs described in subsections (b) and (c). The provisions |
of this Section, however, do not apply to any federal funds |
|
that the district is entitled to receive. In accordance with |
Section 2-3.32, all block grants are subject to an audit. |
Therefore, block grant receipts and block grant expenditures |
shall be recorded to the appropriate fund code for the |
designated block grant. |
(b) The general education block grant shall include the |
following programs: REI Initiative, Summer Bridges, Preschool |
At Risk, K-6 Comprehensive Arts, School Improvement Support, |
Urban Education, Scientific Literacy, Substance Abuse |
Prevention, Second Language Planning, Staff Development, |
Outcomes and Assessment, K-6 Reading Improvement, 7-12 |
Continued Reading Improvement, Truants' Optional Education, |
Hispanic Programs, Agriculture Education, Parental Education, |
Prevention Initiative, Report Cards, and Criminal Background |
Investigations. The general education block grant shall also |
include Preschool Education, Parental Training, and Prevention |
Initiative through June 30, 2026. Notwithstanding any other |
provision of law, all amounts paid under the general education |
block grant from State appropriations to a school district in |
a city having a population exceeding 500,000 inhabitants shall |
be appropriated and expended by the board of that district for |
any of the programs included in the block grant or any of the |
board's lawful purposes. |
(b-5) Beginning in Fiscal Year 2027, the Department of |
Early Childhood shall award a block grant for Preschool |
Education, Parental Training, and Prevention Initiative to a |
|
school district having a population exceeding 500,000 |
inhabitants. The grants are subject to audit. Therefore, block |
grant receipts and block grant expenditures shall be recorded |
to the appropriate fund code for the designated block grant. |
Notwithstanding any other provision of law, all amounts paid |
under the block grant from State appropriations to a school |
district in a city having a population exceeding 500,000 |
inhabitants shall be appropriated and expended by the board of |
that district for any of the programs included in the block |
grant or any of the board's lawful purposes. The district is |
not required to file any application or other claim in order to |
receive the block grant to which it is entitled under this |
Section. The Department of Early Childhood shall make payments |
to the district of amounts due under the district's block |
grant on a schedule determined by the Department. A school |
district to which this Section applies shall report to the |
Department of Early Childhood on its use of the block grant in |
such form and detail as the Department may specify. In |
addition, the report must include the following description |
for the district, which must also be reported to the General |
Assembly: block grant allocation and expenditures by program; |
population and service levels by program; and administrative |
expenditures by program. The Department shall ensure that the |
reporting requirements for the district are the same as for |
all other school districts in this State. Beginning in Fiscal |
Year 2018, at least 25% of any additional Preschool Education, |
|
Parental Training, and Prevention Initiative program funding |
over and above the previous fiscal year's allocation shall be |
used to fund programs for children ages 0-3. Beginning in |
Fiscal Year 2018, funding for Preschool Education, Parental |
Training, and Prevention Initiative programs above the |
allocation for these programs in Fiscal Year 2017 must be used |
solely as a supplement for these programs and may not supplant |
funds received from other sources. (b-10). |
(c) The educational services block grant shall include the |
following programs: Regular and Vocational Transportation, |
State Lunch and Free Breakfast Program, Special Education |
(Personnel, Transportation, Orphanage, Private Tuition), |
funding for children requiring special education services, |
Summer School, Educational Service Centers, and |
Administrator's Academy. This subsection (c) does not relieve |
the district of its obligation to provide the services |
required under a program that is included within the |
educational services block grant. It is the intention of the |
General Assembly in enacting the provisions of this subsection |
(c) to relieve the district of the administrative burdens that |
impede efficiency and accompany single-program funding. The |
General Assembly encourages the board to pursue mandate |
waivers pursuant to Section 2-3.25g. |
The funding program included in the educational services |
block grant for funding for children requiring special |
education services in each fiscal year shall be treated in |
|
that fiscal year as a payment to the school district in respect |
of services provided or costs incurred in the prior fiscal |
year, calculated in each case as provided in this Section. |
Nothing in this Section shall change the nature of payments |
for any program that, apart from this Section, would be or, |
prior to adoption or amendment of this Section, was on the |
basis of a payment in a fiscal year in respect of services |
provided or costs incurred in the prior fiscal year, |
calculated in each case as provided in this Section. |
(d) For fiscal year 1996 through fiscal year 2017, the |
amount of the district's block grants shall be determined as |
follows: (i) with respect to each program that is included |
within each block grant, the district shall receive an amount |
equal to the same percentage of the current fiscal year |
appropriation made for that program as the percentage of the |
appropriation received by the district from the 1995 fiscal |
year appropriation made for that program, and (ii) the total |
amount that is due the district under the block grant shall be |
the aggregate of the amounts that the district is entitled to |
receive for the fiscal year with respect to each program that |
is included within the block grant that the State Board of |
Education shall award the district under this Section for that |
fiscal year. In the case of the Summer Bridges program, the |
amount of the district's block grant shall be equal to 44% of |
the amount of the current fiscal year appropriation made for |
that program. |
|
(e) The district is not required to file any application |
or other claim in order to receive the block grants to which it |
is entitled under this Section. The State Board of Education |
shall make payments to the district of amounts due under the |
district's block grants on a schedule determined by the State |
Board of Education. |
(f) A school district to which this Section applies shall |
report to the State Board of Education on its use of the block |
grants in such form and detail as the State Board of Education |
may specify. In addition, the report must include the |
following description for the district, which must also be |
reported to the General Assembly: block grant allocation and |
expenditures by program; population and service levels by |
program; and administrative expenditures by program. The State |
Board of Education shall ensure that the reporting |
requirements for the district are the same as for all other |
school districts in this State. |
(g) Through fiscal year 2017, this paragraph provides for |
the treatment of block grants under Article 1C for purposes of |
calculating the amount of block grants for a district under |
this Section. Those block grants under Article 1C are, for |
this purpose, treated as included in the amount of |
appropriation for the various programs set forth in paragraph |
(b) above. The appropriation in each current fiscal year for |
each block grant under Article 1C shall be treated for these |
purposes as appropriations for the individual program included |
|
in that block grant. The proportion of each block grant so |
allocated to each such program included in it shall be the |
proportion which the appropriation for that program was of all |
appropriations for such purposes now in that block grant, in |
fiscal 1995. |
Payments to the school district under this Section with |
respect to each program for which payments to school districts |
generally, as of the date of this amendatory Act of the 92nd |
General Assembly, are on a reimbursement basis shall continue |
to be made to the district on a reimbursement basis, pursuant |
to the provisions of this Code governing those programs. |
(h) Notwithstanding any other provision of law, any school |
district receiving a block grant under this Section may |
classify all or a portion of the funds that it receives in a |
particular fiscal year from any block grant authorized under |
this Code or from general State aid pursuant to Section |
18-8.05 of this Code (other than supplemental general State |
aid) as funds received in connection with any funding program |
for which it is entitled to receive funds from the State in |
that fiscal year (including, without limitation, any funding |
program referred to in subsection (c) of this Section), |
regardless of the source or timing of the receipt. The |
district may not classify more funds as funds received in |
connection with the funding program than the district is |
entitled to receive in that fiscal year for that program. Any |
classification by a district must be made by a resolution of |
|
its board of education. The resolution must identify the |
amount of any block grant or general State aid to be classified |
under this subsection (h) and must specify the funding program |
to which the funds are to be treated as received in connection |
therewith. This resolution is controlling as to the |
classification of funds referenced therein. A certified copy |
of the resolution must be sent to the State Superintendent of |
Education. The resolution shall still take effect even though |
a copy of the resolution has not been sent to the State |
Superintendent of Education in a timely manner. No |
classification under this subsection (h) by a district shall |
affect the total amount or timing of money the district is |
entitled to receive under this Code. No classification under |
this subsection (h) by a district shall in any way relieve the |
district from or affect any requirements that otherwise would |
apply with respect to the block grant as provided in this |
Section, including any accounting of funds by source, |
reporting expenditures by original source and purpose, |
reporting requirements, or requirements of provision of |
services. |
(Source: P.A. 100-465, eff. 8-31-17 .)
|
(105 ILCS 5/2-3.47) (from Ch. 122, par. 2-3.47) |
Sec. 2-3.47. The State Board of Education shall annually |
submit a budget recommendation to the Governor and General |
Assembly that contains recommendations for funding for |
|
pre-school through grade 12 through Fiscal Year 2026. For |
Fiscal Year 2027, and annually thereafter, the State Board of |
Education shall submit a budget recommendation to the Governor |
and General Assembly that contains recommendations for funding |
for kindergarten through grade 12 . |
(Source: P.A. 98-739, eff. 7-16-14.)
|
(105 ILCS 5/2-3.64a-10) |
Sec. 2-3.64a-10. Kindergarten assessment. |
(a) For the purposes of this Section, "kindergarten" |
includes both full-day and half-day kindergarten programs. |
(b) Beginning no later than the 2021-2022 school year, the |
State Board of Education shall annually assess all public |
school students entering kindergarten using a common |
assessment tool, unless the State Board determines that a |
student is otherwise exempt. The common assessment tool must |
assess multiple developmental domains, including literacy, |
language, mathematics, and social and emotional development. |
The assessment must be valid, reliable, and developmentally |
appropriate to formatively assess a child's development and |
readiness for kindergarten. |
(c) Results from the assessment may be used by the school |
to understand the child's development and readiness for |
kindergarten, to tailor instruction, and to measure the |
child's progress over time. Assessment results may also be |
used to identify a need for the professional development of |
|
teachers and early childhood educators and to inform |
State-level and district-level policies and resource |
allocation. |
The school shall make the assessment results available to |
the child's parent or guardian. |
The assessment results may not be used (i) to prevent a |
child from enrolling in kindergarten or (ii) as the sole |
measure used in determining the grade promotion or retention |
of a student. |
(d) On an annual basis, the State Board shall report |
publicly, at a minimum, data from the assessment for the State |
overall and for each school district. The State Board's report |
must disaggregate data by race and ethnicity, household |
income, students who are English learners, and students who |
have an individualized education program. |
(e) The State Superintendent of Education shall appoint a |
committee of no more than 22 21 members, including the |
Secretary of Early Childhood or the Secretary's designee, |
parents, teachers, school administrators, assessment experts, |
regional superintendents of schools, state policy advocates, |
early childhood administrators, and other stakeholders, to |
review, on an ongoing basis, the content and design of the |
assessment, the collective results of the assessment as |
measured against kindergarten-readiness standards, and other |
issues involving the assessment as identified by the |
committee. |
|
The committee shall make periodic recommendations to the |
State Superintendent of Education and the General Assembly |
concerning the assessments. |
(f) The State Board may adopt rules to implement and |
administer this Section. |
(Source: P.A. 101-654, eff. 3-8-21; 102-635, eff. 11-30-21 |
(See Section 10 of P.A. 102-671 for effective date of P.A. |
102-209).)
|
(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) Through June 30, 2026, the 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. |
(1.5) On and after July 1, 2026, the Department of |
|
Early Childhood shall implement and administer a grant |
program for school districts and other eligible entities, |
as defined by the Department, 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 teacher of preschool children in the program |
authorized by this subsection shall hold a Professional |
Educator License with an early childhood education |
endorsement. |
(3.5) Beginning with the 2018-2019 school year and |
until the 2028-2029 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) Through June 30, 2026, the State Board of |
Education shall provide the primary source of funding |
through appropriations for the program. On and after July |
1, 2026, the Department of Early Childhood shall provide |
the primary source of funding through appropriations for |
the program. 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. Through June 30, 2026, such screening procedures |
shall be based on criteria established by the State Board |
of Education. On and after July 1, 2026, such screening |
procedures shall be based on criteria established by the |
Department of Early Childhood. 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; |
and |
(L) providing comprehensive services for the |
neediest Illinois children and families. |
Through June 30, 2026, if 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 |
public. On and after July 1, 2026, 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 Department of Early Childhood in |
writing of the Head Start agency's inability or |
unwillingness. The Department of Early Childhood shall |
compile all such written notices and make them available |
to the public. |
(5) Through June 30, 2026, the 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. |
|
(5.1) On and after July 1, 2026, the Department of |
Early Childhood 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 Department of Early |
Childhood shall require school districts and other |
eligible entities to obtain consent from the parents or |
guardians of children before any evaluations are |
conducted. The Department of Early Childhood 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) Through June 30, 2026, the 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. Through June |
30, 2026, the The State Board of Education shall assess |
the academic progress of all students who have been |
enrolled in preschool educational programs. |
Through fiscal year 2026, on 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. |
(6.1) On and after July 1, 2026, the Department of |
Early Childhood shall report to the General Assembly by |
November 1, 2026 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. On |
and after July 1, 2026, the Department of Early Childhood |
shall assess the academic progress of all students who |
have been enrolled in preschool educational programs. |
Beginning in fiscal year 2027, 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 Department of Early Childhood 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 |
decision-making. |
(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 |
Department of Early Childhood, 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) Through June 30, 2026 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 |
day. |
(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 |
year. |
|
(G-5) On and after July 1, 2026, early childhood |
programs shall annually report to the Department of |
Early Childhood, and beginning in fiscal year 2028, |
the Department of Early Childhood shall make available |
on a biennial basis, in a 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 |
day. |
(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 |
year. |
(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 Department of Early Childhood 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). |
(c) Notwithstanding any other provisions of this Section, |
grantees may serve children ages 0 to 12 of essential workers |
if the Governor has declared a disaster due to a public health |
emergency pursuant to Section 7 of the Illinois Emergency |
Management Agency Act. For the purposes of this subsection, |
essential workers include those outlined in Executive Order |
20-8 and school employees. The State Board of Education shall |
adopt rules to administer this subsection. |
(d) Paragraphs (a)(1), (a)(1.5), (a)(4.5), (a)(5), |
(a)(5.1), (a)(6), (a)(6.1), and (a)(7) and subsection (c) of |
this Section are inoperative on and after July 1, 2026. |
(Source: P.A. 103-111, eff. 6-29-23.)
|
(105 ILCS 5/2-3.71a) (from Ch. 122, par. 2-3.71a) |
Sec. 2-3.71a. Grants for early childhood parental training |
programs. The State Board of Education shall implement and |
|
administer a grant program consisting of grants to public |
school districts and other eligible entities, as defined by |
the State Board of Education, to conduct early childhood |
parental training programs for the parents of children in the |
period of life from birth to kindergarten. A public school |
district that receives grants under this Section may contract |
with other eligible entities to conduct an early childhood |
parental training program. These grants must be used to |
supplement, not supplant, funds received from any other |
source. A school board or other eligible entity shall employ |
appropriately qualified personnel for its early childhood |
parental training program, including but not limited to |
certified teachers, counselors, psychiatrists, psychologists |
and social workers. |
(a) As used in this Section, "parental training" means and |
includes instruction in the following: |
(1) Child growth and development, including prenatal |
development. |
(2) Childbirth and child care. |
(3) Family structure, function and management. |
(4) Prenatal and postnatal care for mothers and |
infants. |
(5) Prevention of child abuse. |
(6) The physical, mental, emotional, social, economic |
and psychological aspects of interpersonal and family |
relationships. |
|
(7) Parenting skill development. |
The programs shall include activities that require |
substantial participation and interaction between parent and |
child. |
(b) The Board shall annually award funds through a grant |
approval process established by the State Board of Education, |
providing that an annual appropriation is made for this |
purpose from State, federal or private funds. Nothing in this |
Section shall preclude school districts from applying for or |
accepting private funds to establish and implement programs. |
(c) The State Board of Education shall assist those |
districts and other eligible entities offering early childhood |
parental training programs, upon request, in developing |
instructional materials, training teachers and staff, and |
establishing appropriate time allotments for each of the areas |
included in such instruction. |
(d) School districts and other eligible entities may offer |
early childhood parental training courses during that period |
of the day which is not part of the regular school day. |
Residents of the community may enroll in such courses. The |
school board or other eligible entity may establish fees and |
collect such charges as may be necessary for attendance at |
such courses in an amount not to exceed the per capita cost of |
the operation thereof, except that the board or other eligible |
entity may waive all or part of such charges if it determines |
that the parent is indigent or that the educational needs of |
|
the parent require his or her attendance at such courses. |
(e) Parents who participate in early childhood parental |
training programs under this Section may be eligible for |
reasonable reimbursement of any incidental transportation and |
child care expenses from the school district receiving funds |
pursuant to this Section. |
(f) Districts and other eligible entities receiving grants |
pursuant to this Section shall coordinate programs created |
under this Section with other preschool educational programs, |
including "at-risk" preschool programs, special and vocational |
education, and related services provided by other governmental |
agencies and not-for-profit agencies. |
(g) The State Board of Education shall report to the |
General Assembly by July 1, 1991, on the results of the |
programs funded pursuant to this Section and whether a need |
continues for such programs. |
(h) After July 1, 2006, any parental training services |
funded pursuant to this Section on the effective date of this |
amendatory Act of the 94th General Assembly shall continue to |
be funded pursuant to this Section, subject to appropriation |
and the meeting of program standards. Any additional parental |
training services must be funded, subject to appropriation, |
through preschool education grants pursuant to subdivision (4) |
of subsection (a) of Section 2-3.71 of this Code for families |
with children ages 3 to 5 and through prevention initiative |
grants pursuant to subsection (b) of Section 2-3.89 of this |
|
Code for expecting families and those with children from birth |
to 3 years of age. |
(i) Early childhood programs under this Section are |
subject to the requirements under paragraph (7) of subsection |
(a) of Section 2-3.71 of this Code. |
(j) This Section is repealed on July 1, 2026. |
(Source: P.A. 100-105, eff. 1-1-18 .)
|
(105 ILCS 5/2-3.79) (from Ch. 122, par. 2-3.79) |
Sec. 2-3.79. Pilot programs and special education services |
for preschool children with disabilities from birth to age 3. |
The State Board of Education may enter into contracts with |
public or not-for-profit private organizations or agencies to |
establish model pilot programs which provide services to |
children with disabilities from birth up to the age of 3 years. |
Annual grants shall be awarded on a competitive basis pursuant |
to established criteria provided that there is an annual |
appropriation for this purpose. Public or not-for-profit |
private organizations or agencies that are providing services |
to children with disabilities up to the age of 3 years prior to |
September 22, 1985 are eligible to receive grants awarded |
pursuant to this Section. |
Each pilot program shall include, but not be limited to: a |
process for identification of infants with disabilities in the |
region; community awareness of the project and the services |
provided; an intervention system; methods to assess and |
|
diagnose infants with disabilities; written individual |
treatment programs that include parental involvement; an |
interdisciplinary treatment approach to include other agencies |
and not-for-profit organizations; and a written evaluation |
submitted to the State Board of Education at the end of the |
grant period. |
An Interagency Coordination Council shall be established |
consisting of a representative of the State Superintendent of |
Education who shall serve as chairman, and one representative |
from the following departments appointed by the respective |
directors or secretary: Children and Family Services, Public |
Health, Human Services, Public Aid, and the Division of |
Specialized Care for Children of the University of Illinois. |
The council shall recommend criteria to the State Board of |
Education for the awarding of grants pursuant to this Section |
and shall assist in coordinating the services provided by |
agencies to the children with disabilities described in this |
Section. |
A report containing recommendations concerning all of the |
pilot programs shall be submitted by the State Board of |
Education to the General Assembly by January of 1989. The |
report which shall analyze the results of the pilot programs |
funded under this Section and make recommendations concerning |
existing and proposed programs shall include, but not be |
limited to: recommendations for staff licensure and |
qualifications; the number of children and families eligible |
|
for services statewide; the cost of serving the children and |
their families; the types of services to be provided; and |
designs for the most effective delivery systems of these |
services. |
This Section is repealed on July 1, 2026. |
(Source: P.A. 89-397, eff. 8-20-95; 89-507, eff. 7-1-97.)
|
(105 ILCS 5/2-3.89) (from Ch. 122, par. 2-3.89) |
Sec. 2-3.89. Programs concerning services to at-risk |
children and their families. |
(a) The State Board of Education may provide grants to |
eligible entities, as defined by the State Board of Education, |
to establish programs which offer coordinated services to |
at-risk infants and toddlers and their families. Each program |
shall include a parent education program relating to the |
development and nurturing of infants and toddlers and case |
management services to coordinate existing services available |
in the region served by the program. These services shall be |
provided through the implementation of an individual family |
service plan. Each program will have a community involvement |
component to provide coordination in the service system. |
(b) The State Board of Education shall administer the |
programs through the grants to public school districts and |
other eligible entities. These grants must be used to |
supplement, not supplant, funds received from any other |
source. School districts and other eligible entities receiving |
|
grants pursuant to this Section shall conduct voluntary, |
intensive, research-based, and comprehensive prevention |
services, as defined by the State Board of Education, for |
expecting parents and families with children from birth to age |
3 who are at-risk of academic failure. A public school |
district that receives a grant under this Section may |
subcontract with other eligible entities. |
(c) The State Board of Education shall report to the |
General Assembly by July 1, 2006 and every 2 years thereafter, |
using the most current data available, on the status of |
programs funded under this Section, including without |
limitation characteristics of participants, services |
delivered, program models used, unmet needs, and results of |
the programs funded. |
(d) This Section is repealed on July 1, 2026. |
(Source: P.A. 96-734, eff. 8-25-09.)
|
(105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6) |
(Text of Section before amendment by P.A. 102-466 ) |
Sec. 10-22.6. Suspension or expulsion of pupils; school |
searches. |
(a) To expel pupils guilty of gross disobedience or |
misconduct, including gross disobedience or misconduct |
perpetuated by electronic means, pursuant to subsection (b-20) |
of this Section, and no action shall lie against them for such |
expulsion. Expulsion shall take place only after the parents |
|
have been requested to appear at a meeting of the board, or |
with a hearing officer appointed by it, to discuss their |
child's behavior. Such request shall be made by registered or |
certified mail and shall state the time, place and purpose of |
the meeting. The board, or a hearing officer appointed by it, |
at such meeting shall state the reasons for dismissal and the |
date on which the expulsion is to become effective. If a |
hearing officer is appointed by the board, he shall report to |
the board a written summary of the evidence heard at the |
meeting and the board may take such action thereon as it finds |
appropriate. If the board acts to expel a pupil, the written |
expulsion decision shall detail the specific reasons why |
removing the pupil from the learning environment is in the |
best interest of the school. The expulsion decision shall also |
include a rationale as to the specific duration of the |
expulsion. An expelled pupil may be immediately transferred to |
an alternative program in the manner provided in Article 13A |
or 13B of this Code. A pupil must not be denied transfer |
because of the expulsion, except in cases in which such |
transfer is deemed to cause a threat to the safety of students |
or staff in the alternative program. |
(b) To suspend or by policy to authorize the |
superintendent of the district or the principal, assistant |
principal, or dean of students of any school to suspend pupils |
guilty of gross disobedience or misconduct, or to suspend |
pupils guilty of gross disobedience or misconduct on the |
|
school bus from riding the school bus, pursuant to subsections |
(b-15) and (b-20) of this Section, and no action shall lie |
against them for such suspension. The board may by policy |
authorize the superintendent of the district or the principal, |
assistant principal, or dean of students of any school to |
suspend pupils guilty of such acts for a period not to exceed |
10 school days. If a pupil is suspended due to gross |
disobedience or misconduct on a school bus, the board may |
suspend the pupil in excess of 10 school days for safety |
reasons. |
Any suspension shall be reported immediately to the |
parents or guardian of a pupil along with a full statement of |
the reasons for such suspension and a notice of their right to |
a review. The school board must be given a summary of the |
notice, including the reason for the suspension and the |
suspension length. Upon request of the parents or guardian, |
the school board or a hearing officer appointed by it shall |
review such action of the superintendent or principal, |
assistant principal, or dean of students. At such review, the |
parents or guardian of the pupil may appear and discuss the |
suspension with the board or its hearing officer. If a hearing |
officer is appointed by the board, he shall report to the board |
a written summary of the evidence heard at the meeting. After |
its hearing or upon receipt of the written report of its |
hearing officer, the board may take such action as it finds |
appropriate. If a student is suspended pursuant to this |
|
subsection (b), the board shall, in the written suspension |
decision, detail the specific act of gross disobedience or |
misconduct resulting in the decision to suspend. The |
suspension decision shall also include a rationale as to the |
specific duration of the suspension. A pupil who is suspended |
in excess of 20 school days may be immediately transferred to |
an alternative program in the manner provided in Article 13A |
or 13B of this Code. A pupil must not be denied transfer |
because of the suspension, except in cases in which such |
transfer is deemed to cause a threat to the safety of students |
or staff in the alternative program. |
(b-5) Among the many possible disciplinary interventions |
and consequences available to school officials, school |
exclusions, such as out-of-school suspensions and expulsions, |
are the most serious. School officials shall limit the number |
and duration of expulsions and suspensions to the greatest |
extent practicable, and it is recommended that they use them |
only for legitimate educational purposes. To ensure that |
students are not excluded from school unnecessarily, it is |
recommended that school officials consider forms of |
non-exclusionary discipline prior to using out-of-school |
suspensions or expulsions. |
(b-10) Unless otherwise required by federal law or this |
Code, school boards may not institute zero-tolerance policies |
by which school administrators are required to suspend or |
expel students for particular behaviors. |
|
(b-15) Out-of-school suspensions of 3 days or less may be |
used only if the student's continuing presence in school would |
pose a threat to school safety or a disruption to other |
students' learning opportunities. For purposes of this |
subsection (b-15), "threat to school safety or a disruption to |
other students' learning opportunities" shall be determined on |
a case-by-case basis by the school board or its designee. |
School officials shall make all reasonable efforts to resolve |
such threats, address such disruptions, and minimize the |
length of suspensions to the greatest extent practicable. |
(b-20) Unless otherwise required by this Code, |
out-of-school suspensions of longer than 3 days, expulsions, |
and disciplinary removals to alternative schools may be used |
only if other appropriate and available behavioral and |
disciplinary interventions have been exhausted and the |
student's continuing presence in school would either (i) pose |
a threat to the safety of other students, staff, or members of |
the school community or (ii) substantially disrupt, impede, or |
interfere with the operation of the school. For purposes of |
this subsection (b-20), "threat to the safety of other |
students, staff, or members of the school community" and |
"substantially disrupt, impede, or interfere with the |
operation of the school" shall be determined on a case-by-case |
basis by school officials. For purposes of this subsection |
(b-20), the determination of whether "appropriate and |
available behavioral and disciplinary interventions have been |
|
exhausted" shall be made by school officials. School officials |
shall make all reasonable efforts to resolve such threats, |
address such disruptions, and minimize the length of student |
exclusions to the greatest extent practicable. Within the |
suspension decision described in subsection (b) of this |
Section or the expulsion decision described in subsection (a) |
of this Section, it shall be documented whether other |
interventions were attempted or whether it was determined that |
there were no other appropriate and available interventions. |
(b-25) Students who are suspended out-of-school for longer |
than 4 school days shall be provided appropriate and available |
support services during the period of their suspension. For |
purposes of this subsection (b-25), "appropriate and available |
support services" shall be determined by school authorities. |
Within the suspension decision described in subsection (b) of |
this Section, it shall be documented whether such services are |
to be provided or whether it was determined that there are no |
such appropriate and available services. |
A school district may refer students who are expelled to |
appropriate and available support services. |
A school district shall create a policy to facilitate the |
re-engagement of students who are suspended out-of-school, |
expelled, or returning from an alternative school setting. |
(b-30) A school district shall create a policy by which |
suspended pupils, including those pupils suspended from the |
school bus who do not have alternate transportation to school, |
|
shall have the opportunity to make up work for equivalent |
academic credit. It shall be the responsibility of a pupil's |
parent or guardian to notify school officials that a pupil |
suspended from the school bus does not have alternate |
transportation to school. |
(c) A school board must invite a representative from a |
local mental health agency to consult with the board at the |
meeting whenever there is evidence that mental illness may be |
the cause of a student's expulsion or suspension. |
(c-5) School districts shall make reasonable efforts to |
provide ongoing professional development to teachers, |
administrators, school board members, school resource |
officers, and staff on the adverse consequences of school |
exclusion and justice-system involvement, effective classroom |
management strategies, culturally responsive discipline, the |
appropriate and available supportive services for the |
promotion of student attendance and engagement, and |
developmentally appropriate disciplinary methods that promote |
positive and healthy school climates. |
(d) The board may expel a student for a definite period of |
time not to exceed 2 calendar years, as determined on a |
case-by-case basis. A student who is determined to have |
brought one of the following objects to school, any |
school-sponsored activity or event, or any activity or event |
that bears a reasonable relationship to school shall be |
expelled for a period of not less than one year: |
|
(1) A firearm. For the purposes of this Section, |
"firearm" means any gun, rifle, shotgun, weapon as defined |
by Section 921 of Title 18 of the United States Code, |
firearm as defined in Section 1.1 of the Firearm Owners |
Identification Card Act, or firearm as defined in Section |
24-1 of the Criminal Code of 2012. The expulsion period |
under this subdivision (1) may be modified by the |
superintendent, and the superintendent's determination may |
be modified by the board on a case-by-case basis. |
(2) A knife, brass knuckles or other knuckle weapon |
regardless of its composition, a billy club, or any other |
object if used or attempted to be used to cause bodily |
harm, including "look alikes" of any firearm as defined in |
subdivision (1) of this subsection (d). The expulsion |
requirement under this subdivision (2) may be modified by |
the superintendent, and the superintendent's determination |
may be modified by the board on a case-by-case basis. |
Expulsion or suspension shall be construed in a manner |
consistent with the federal Individuals with Disabilities |
Education Act. A student who is subject to suspension or |
expulsion as provided in this Section may be eligible for a |
transfer to an alternative school program in accordance with |
Article 13A of the School Code. |
(d-5) The board may suspend or by regulation authorize the |
superintendent of the district or the principal, assistant |
principal, or dean of students of any school to suspend a |
|
student for a period not to exceed 10 school days or may expel |
a student for a definite period of time not to exceed 2 |
calendar years, as determined on a case-by-case basis, if (i) |
that student has been determined to have made an explicit |
threat on an Internet website against a school employee, a |
student, or any school-related personnel, (ii) the Internet |
website through which the threat was made is a site that was |
accessible within the school at the time the threat was made or |
was available to third parties who worked or studied within |
the school grounds at the time the threat was made, and (iii) |
the threat could be reasonably interpreted as threatening to |
the safety and security of the threatened individual because |
of his or her duties or employment status or status as a |
student inside the school. |
(e) To maintain order and security in the schools, school |
authorities may inspect and search places and areas such as |
lockers, desks, parking lots, and other school property and |
equipment owned or controlled by the school, as well as |
personal effects left in those places and areas by students, |
without notice to or the consent of the student, and without a |
search warrant. As a matter of public policy, the General |
Assembly finds that students have no reasonable expectation of |
privacy in these places and areas or in their personal effects |
left in these places and areas. School authorities may request |
the assistance of law enforcement officials for the purpose of |
conducting inspections and searches of lockers, desks, parking |
|
lots, and other school property and equipment owned or |
controlled by the school for illegal drugs, weapons, or other |
illegal or dangerous substances or materials, including |
searches conducted through the use of specially trained dogs. |
If a search conducted in accordance with this Section produces |
evidence that the student has violated or is violating either |
the law, local ordinance, or the school's policies or rules, |
such evidence may be seized by school authorities, and |
disciplinary action may be taken. School authorities may also |
turn over such evidence to law enforcement authorities. |
(f) Suspension or expulsion may include suspension or |
expulsion from school and all school activities and a |
prohibition from being present on school grounds. |
(g) A school district may adopt a policy providing that if |
a student is suspended or expelled for any reason from any |
public or private school in this or any other state, the |
student must complete the entire term of the suspension or |
expulsion in an alternative school program under Article 13A |
of this Code or an alternative learning opportunities program |
under Article 13B of this Code before being admitted into the |
school district if there is no threat to the safety of students |
or staff in the alternative program. |
(h) School officials shall not advise or encourage |
students to drop out voluntarily due to behavioral or academic |
difficulties. |
(i) A student may not be issued a monetary fine or fee as a |
|
disciplinary consequence, though this shall not preclude |
requiring a student to provide restitution for lost, stolen, |
or damaged property. |
(j) Subsections (a) through (i) of this Section shall |
apply to elementary and secondary schools, charter schools, |
special charter districts, and school districts organized |
under Article 34 of this Code. |
(k) The expulsion of children enrolled in programs funded |
under Section 1C-2 of this Code is subject to the requirements |
under paragraph (7) of subsection (a) of Section 2-3.71 of |
this Code. |
(l) Beginning with the 2018-2019 school year, an in-school |
suspension program provided by a school district for any |
students in kindergarten through grade 12 may focus on |
promoting non-violent conflict resolution and positive |
interaction with other students and school personnel. A school |
district may employ a school social worker or a licensed |
mental health professional to oversee an in-school suspension |
program in kindergarten through grade 12. |
(Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21; |
102-813, eff. 5-13-22.)
|
(Text of Section after amendment by P.A. 102-466 ) |
Sec. 10-22.6. Suspension or expulsion of pupils; school |
searches. |
(a) To expel pupils guilty of gross disobedience or |
|
misconduct, including gross disobedience or misconduct |
perpetuated by electronic means, pursuant to subsection (b-20) |
of this Section, and no action shall lie against them for such |
expulsion. Expulsion shall take place only after the parents |
or guardians have been requested to appear at a meeting of the |
board, or with a hearing officer appointed by it, to discuss |
their child's behavior. Such request shall be made by |
registered or certified mail and shall state the time, place |
and purpose of the meeting. The board, or a hearing officer |
appointed by it, at such meeting shall state the reasons for |
dismissal and the date on which the expulsion is to become |
effective. If a hearing officer is appointed by the board, he |
shall report to the board a written summary of the evidence |
heard at the meeting and the board may take such action thereon |
as it finds appropriate. If the board acts to expel a pupil, |
the written expulsion decision shall detail the specific |
reasons why removing the pupil from the learning environment |
is in the best interest of the school. The expulsion decision |
shall also include a rationale as to the specific duration of |
the expulsion. An expelled pupil may be immediately |
transferred to an alternative program in the manner provided |
in Article 13A or 13B of this Code. A pupil must not be denied |
transfer because of the expulsion, except in cases in which |
such transfer is deemed to cause a threat to the safety of |
students or staff in the alternative program. |
(b) To suspend or by policy to authorize the |
|
superintendent of the district or the principal, assistant |
principal, or dean of students of any school to suspend pupils |
guilty of gross disobedience or misconduct, or to suspend |
pupils guilty of gross disobedience or misconduct on the |
school bus from riding the school bus, pursuant to subsections |
(b-15) and (b-20) of this Section, and no action shall lie |
against them for such suspension. The board may by policy |
authorize the superintendent of the district or the principal, |
assistant principal, or dean of students of any school to |
suspend pupils guilty of such acts for a period not to exceed |
10 school days. If a pupil is suspended due to gross |
disobedience or misconduct on a school bus, the board may |
suspend the pupil in excess of 10 school days for safety |
reasons. |
Any suspension shall be reported immediately to the |
parents or guardians of a pupil along with a full statement of |
the reasons for such suspension and a notice of their right to |
a review. The school board must be given a summary of the |
notice, including the reason for the suspension and the |
suspension length. Upon request of the parents or guardians, |
the school board or a hearing officer appointed by it shall |
review such action of the superintendent or principal, |
assistant principal, or dean of students. At such review, the |
parents or guardians of the pupil may appear and discuss the |
suspension with the board or its hearing officer. If a hearing |
officer is appointed by the board, he shall report to the board |
|
a written summary of the evidence heard at the meeting. After |
its hearing or upon receipt of the written report of its |
hearing officer, the board may take such action as it finds |
appropriate. If a student is suspended pursuant to this |
subsection (b), the board shall, in the written suspension |
decision, detail the specific act of gross disobedience or |
misconduct resulting in the decision to suspend. The |
suspension decision shall also include a rationale as to the |
specific duration of the suspension. A pupil who is suspended |
in excess of 20 school days may be immediately transferred to |
an alternative program in the manner provided in Article 13A |
or 13B of this Code. A pupil must not be denied transfer |
because of the suspension, except in cases in which such |
transfer is deemed to cause a threat to the safety of students |
or staff in the alternative program. |
(b-5) Among the many possible disciplinary interventions |
and consequences available to school officials, school |
exclusions, such as out-of-school suspensions and expulsions, |
are the most serious. School officials shall limit the number |
and duration of expulsions and suspensions to the greatest |
extent practicable, and it is recommended that they use them |
only for legitimate educational purposes. To ensure that |
students are not excluded from school unnecessarily, it is |
recommended that school officials consider forms of |
non-exclusionary discipline prior to using out-of-school |
suspensions or expulsions. |
|
(b-10) Unless otherwise required by federal law or this |
Code, school boards may not institute zero-tolerance policies |
by which school administrators are required to suspend or |
expel students for particular behaviors. |
(b-15) Out-of-school suspensions of 3 days or less may be |
used only if the student's continuing presence in school would |
pose a threat to school safety or a disruption to other |
students' learning opportunities. For purposes of this |
subsection (b-15), "threat to school safety or a disruption to |
other students' learning opportunities" shall be determined on |
a case-by-case basis by the school board or its designee. |
School officials shall make all reasonable efforts to resolve |
such threats, address such disruptions, and minimize the |
length of suspensions to the greatest extent practicable. |
(b-20) Unless otherwise required by this Code, |
out-of-school suspensions of longer than 3 days, expulsions, |
and disciplinary removals to alternative schools may be used |
only if other appropriate and available behavioral and |
disciplinary interventions have been exhausted and the |
student's continuing presence in school would either (i) pose |
a threat to the safety of other students, staff, or members of |
the school community or (ii) substantially disrupt, impede, or |
interfere with the operation of the school. For purposes of |
this subsection (b-20), "threat to the safety of other |
students, staff, or members of the school community" and |
"substantially disrupt, impede, or interfere with the |
|
operation of the school" shall be determined on a case-by-case |
basis by school officials. For purposes of this subsection |
(b-20), the determination of whether "appropriate and |
available behavioral and disciplinary interventions have been |
exhausted" shall be made by school officials. School officials |
shall make all reasonable efforts to resolve such threats, |
address such disruptions, and minimize the length of student |
exclusions to the greatest extent practicable. Within the |
suspension decision described in subsection (b) of this |
Section or the expulsion decision described in subsection (a) |
of this Section, it shall be documented whether other |
interventions were attempted or whether it was determined that |
there were no other appropriate and available interventions. |
(b-25) Students who are suspended out-of-school for longer |
than 4 school days shall be provided appropriate and available |
support services during the period of their suspension. For |
purposes of this subsection (b-25), "appropriate and available |
support services" shall be determined by school authorities. |
Within the suspension decision described in subsection (b) of |
this Section, it shall be documented whether such services are |
to be provided or whether it was determined that there are no |
such appropriate and available services. |
A school district may refer students who are expelled to |
appropriate and available support services. |
A school district shall create a policy to facilitate the |
re-engagement of students who are suspended out-of-school, |
|
expelled, or returning from an alternative school setting. |
(b-30) A school district shall create a policy by which |
suspended pupils, including those pupils suspended from the |
school bus who do not have alternate transportation to school, |
shall have the opportunity to make up work for equivalent |
academic credit. It shall be the responsibility of a pupil's |
parents or guardians to notify school officials that a pupil |
suspended from the school bus does not have alternate |
transportation to school. |
(b-35) In all suspension review hearings conducted under |
subsection (b) or expulsion hearings conducted under |
subsection (a), a student may disclose any factor to be |
considered in mitigation, including his or her status as a |
parent, expectant parent, or victim of domestic or sexual |
violence, as defined in Article 26A. A representative of the |
parent's or guardian's choice, or of the student's choice if |
emancipated, must be permitted to represent the student |
throughout the proceedings and to address the school board or |
its appointed hearing officer. With the approval of the |
student's parent or guardian, or of the student if |
emancipated, a support person must be permitted to accompany |
the student to any disciplinary hearings or proceedings. The |
representative or support person must comply with any rules of |
the school district's hearing process. If the representative |
or support person violates the rules or engages in behavior or |
advocacy that harasses, abuses, or intimidates either party, a |
|
witness, or anyone else in attendance at the hearing, the |
representative or support person may be prohibited from |
further participation in the hearing or proceeding. A |
suspension or expulsion proceeding under this subsection |
(b-35) must be conducted independently from any ongoing |
criminal investigation or proceeding, and an absence of |
pending or possible criminal charges, criminal investigations, |
or proceedings may not be a factor in school disciplinary |
decisions. |
(b-40) During a suspension review hearing conducted under |
subsection (b) or an expulsion hearing conducted under |
subsection (a) that involves allegations of sexual violence by |
the student who is subject to discipline, neither the student |
nor his or her representative shall directly question nor have |
direct contact with the alleged victim. The student who is |
subject to discipline or his or her representative may, at the |
discretion and direction of the school board or its appointed |
hearing officer, suggest questions to be posed by the school |
board or its appointed hearing officer to the alleged victim. |
(c) A school board must invite a representative from a |
local mental health agency to consult with the board at the |
meeting whenever there is evidence that mental illness may be |
the cause of a student's expulsion or suspension. |
(c-5) School districts shall make reasonable efforts to |
provide ongoing professional development to teachers, |
administrators, school board members, school resource |
|
officers, and staff on the adverse consequences of school |
exclusion and justice-system involvement, effective classroom |
management strategies, culturally responsive discipline, the |
appropriate and available supportive services for the |
promotion of student attendance and engagement, and |
developmentally appropriate disciplinary methods that promote |
positive and healthy school climates. |
(d) The board may expel a student for a definite period of |
time not to exceed 2 calendar years, as determined on a |
case-by-case basis. A student who is determined to have |
brought one of the following objects to school, any |
school-sponsored activity or event, or any activity or event |
that bears a reasonable relationship to school shall be |
expelled for a period of not less than one year: |
(1) A firearm. For the purposes of this Section, |
"firearm" means any gun, rifle, shotgun, weapon as defined |
by Section 921 of Title 18 of the United States Code, |
firearm as defined in Section 1.1 of the Firearm Owners |
Identification Card Act, or firearm as defined in Section |
24-1 of the Criminal Code of 2012. The expulsion period |
under this subdivision (1) may be modified by the |
superintendent, and the superintendent's determination may |
be modified by the board on a case-by-case basis. |
(2) A knife, brass knuckles or other knuckle weapon |
regardless of its composition, a billy club, or any other |
object if used or attempted to be used to cause bodily |
|
harm, including "look alikes" of any firearm as defined in |
subdivision (1) of this subsection (d). The expulsion |
requirement under this subdivision (2) may be modified by |
the superintendent, and the superintendent's determination |
may be modified by the board on a case-by-case basis. |
Expulsion or suspension shall be construed in a manner |
consistent with the federal Individuals with Disabilities |
Education Act. A student who is subject to suspension or |
expulsion as provided in this Section may be eligible for a |
transfer to an alternative school program in accordance with |
Article 13A of the School Code. |
(d-5) The board may suspend or by regulation authorize the |
superintendent of the district or the principal, assistant |
principal, or dean of students of any school to suspend a |
student for a period not to exceed 10 school days or may expel |
a student for a definite period of time not to exceed 2 |
calendar years, as determined on a case-by-case basis, if (i) |
that student has been determined to have made an explicit |
threat on an Internet website against a school employee, a |
student, or any school-related personnel, (ii) the Internet |
website through which the threat was made is a site that was |
accessible within the school at the time the threat was made or |
was available to third parties who worked or studied within |
the school grounds at the time the threat was made, and (iii) |
the threat could be reasonably interpreted as threatening to |
the safety and security of the threatened individual because |
|
of his or her duties or employment status or status as a |
student inside the school. |
(e) To maintain order and security in the schools, school |
authorities may inspect and search places and areas such as |
lockers, desks, parking lots, and other school property and |
equipment owned or controlled by the school, as well as |
personal effects left in those places and areas by students, |
without notice to or the consent of the student, and without a |
search warrant. As a matter of public policy, the General |
Assembly finds that students have no reasonable expectation of |
privacy in these places and areas or in their personal effects |
left in these places and areas. School authorities may request |
the assistance of law enforcement officials for the purpose of |
conducting inspections and searches of lockers, desks, parking |
lots, and other school property and equipment owned or |
controlled by the school for illegal drugs, weapons, or other |
illegal or dangerous substances or materials, including |
searches conducted through the use of specially trained dogs. |
If a search conducted in accordance with this Section produces |
evidence that the student has violated or is violating either |
the law, local ordinance, or the school's policies or rules, |
such evidence may be seized by school authorities, and |
disciplinary action may be taken. School authorities may also |
turn over such evidence to law enforcement authorities. |
(f) Suspension or expulsion may include suspension or |
expulsion from school and all school activities and a |
|
prohibition from being present on school grounds. |
(g) A school district may adopt a policy providing that if |
a student is suspended or expelled for any reason from any |
public or private school in this or any other state, the |
student must complete the entire term of the suspension or |
expulsion in an alternative school program under Article 13A |
of this Code or an alternative learning opportunities program |
under Article 13B of this Code before being admitted into the |
school district if there is no threat to the safety of students |
or staff in the alternative program. A school district that |
adopts a policy under this subsection (g) must include a |
provision allowing for consideration of any mitigating |
factors, including, but not limited to, a student's status as |
a parent, expectant parent, or victim of domestic or sexual |
violence, as defined in Article 26A. |
(h) School officials shall not advise or encourage |
students to drop out voluntarily due to behavioral or academic |
difficulties. |
(i) A student may not be issued a monetary fine or fee as a |
disciplinary consequence, though this shall not preclude |
requiring a student to provide restitution for lost, stolen, |
or damaged property. |
(j) Subsections (a) through (i) of this Section shall |
apply to elementary and secondary schools, charter schools, |
special charter districts, and school districts organized |
under Article 34 of this Code. |
|
(k) Through June 30, 2026, the The expulsion of children |
enrolled in programs funded under Section 1C-2 of this Code is |
subject to the requirements under paragraph (7) of subsection |
(a) of Section 2-3.71 of this Code. |
(k-5) On and after July 1, 2026, the expulsion of children |
enrolled in programs funded under Section 15-25 of the |
Department of Early Childhood Act is subject to the |
requirements of paragraph (7) of subsection (a) of Section |
15-30 of the Department of Early Childhood Act. |
(l) Beginning with the 2018-2019 school year, an in-school |
suspension program provided by a school district for any |
students in kindergarten through grade 12 may focus on |
promoting non-violent conflict resolution and positive |
interaction with other students and school personnel. A school |
district may employ a school social worker or a licensed |
mental health professional to oversee an in-school suspension |
program in kindergarten through grade 12. |
(Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25; |
102-539, eff. 8-20-21; 102-813, eff. 5-13-22.)
|
(105 ILCS 5/21B-50) |
Sec. 21B-50. Alternative Educator Licensure Program for |
Teachers . |
(a) There is established an alternative educator licensure |
program, to be known as the Alternative Educator Licensure |
Program for Teachers. |
|
(b) The Alternative Educator Licensure Program for |
Teachers may be offered by a recognized institution approved |
to offer educator preparation programs by the State Board of |
Education, in consultation with the State Educator Preparation |
and Licensure Board. |
The program shall be comprised of up to 3 phases: |
(1) A course of study that at a minimum includes |
instructional planning; instructional strategies, |
including special education, reading, and English language |
learning; classroom management; and the assessment of |
students and use of data to drive instruction. |
(2) A year of residency, which is a candidate's |
assignment to a full-time teaching position or as a |
co-teacher for one full school year. An individual must |
hold an Educator License with Stipulations with an |
alternative provisional educator endorsement in order to |
enter the residency. In residency, the candidate must : be |
assigned an effective, fully licensed teacher by the |
principal or principal equivalent to act as a mentor and |
coach the candidate through residency, complete additional |
program requirements that address required State and |
national standards, pass the State Board's teacher |
performance assessment, if required under Section 21B-30, |
and be recommended by the principal or qualified |
equivalent of a principal, as required under subsection |
(d) of this Section, and the program coordinator to be |
|
recommended for full licensure or to continue with a |
second year of the residency. |
(3) (Blank). |
(4) A comprehensive assessment of the candidate's |
teaching effectiveness, as evaluated by the principal or |
qualified equivalent of a principal, as required under |
subsection (d) of this Section, and the program |
coordinator, at the end of either the first or the second |
year of residency. If there is disagreement between the 2 |
evaluators about the candidate's teaching effectiveness at |
the end of the first year of residency, a second year of |
residency shall be required. If there is disagreement |
between the 2 evaluators at the end of the second year of |
residency, the candidate may complete one additional year |
of residency teaching under a professional development |
plan developed by the principal or qualified equivalent |
and the preparation program. At the completion of the |
third year, a candidate must have positive evaluations and |
a recommendation for full licensure from both the |
principal or qualified equivalent and the program |
coordinator or no Professional Educator License shall be |
issued. |
Successful completion of the program shall be deemed to |
satisfy any other practice or student teaching and content |
matter requirements established by law. |
(c) An alternative provisional educator endorsement on an |
|
Educator License with Stipulations is valid for up to 2 years |
of teaching in the public schools, including without |
limitation a preschool educational program under Section |
2-3.71 of this Code or Section 15-30 of the Department of Early |
Childhood Act or charter school, or in a State-recognized |
nonpublic school in which the chief administrator is required |
to have the licensure necessary to be a principal in a public |
school in this State and in which a majority of the teachers |
are required to have the licensure necessary to be instructors |
in a public school in this State, but may be renewed for a |
third year if needed to complete the Alternative Educator |
Licensure Program for Teachers. The endorsement shall be |
issued only once to an individual who meets all of the |
following requirements: |
(1) Has graduated from a regionally accredited college |
or university with a bachelor's degree or higher. |
(2) (Blank). |
(3) Has completed a major in the content area if |
seeking a middle or secondary level endorsement or, if |
seeking an early childhood, elementary, or special |
education endorsement, has completed a major in the |
content area of early childhood reading, English/language |
arts, mathematics, or one of the sciences. If the |
individual does not have a major in a content area for any |
level of teaching, he or she must submit transcripts to |
the State Board of Education to be reviewed for |
|
equivalency. |
(4) Has successfully completed phase (1) of subsection |
(b) of this Section. |
(5) Has passed a content area test required for the |
specific endorsement for admission into the program, as |
required under Section 21B-30 of this Code. |
A candidate possessing the alternative provisional |
educator endorsement may receive a salary, benefits, and any |
other terms of employment offered to teachers in the school |
who are members of an exclusive bargaining representative, if |
any, but a school is not required to provide these benefits |
during the years of residency if the candidate is serving only |
as a co-teacher. If the candidate is serving as the teacher of |
record, the candidate must receive a salary, benefits, and any |
other terms of employment. Residency experiences must not be |
counted towards tenure. |
(d) The recognized institution offering the Alternative |
Educator Licensure Program for Teachers must partner with a |
school district, including without limitation a preschool |
educational program under Section 2-3.71 of this Code or |
Section 15-30 of the Department of Early Childhood Act or |
charter school, or a State-recognized, nonpublic school in |
this State in which the chief administrator is required to |
have the licensure necessary to be a principal in a public |
school in this State and in which a majority of the teachers |
are required to have the licensure necessary to be instructors |
|
in a public school in this State. A recognized institution |
that partners with a public school district administering a |
preschool educational program under Section 2-3.71 of this |
Code or Section 15-30 of the Department of Early Childhood Act |
must require a principal to recommend or evaluate candidates |
in the program. A recognized institution that partners with an |
eligible entity administering a preschool educational program |
under Section 2-3.71 of this Code or Section 15-30 of the |
Department of Early Childhood Act and that is not a public |
school district must require a principal or qualified |
equivalent of a principal to recommend or evaluate candidates |
in the program. The program presented for approval by the |
State Board of Education must demonstrate the supports that |
are to be provided to assist the provisional teacher during |
the one-year 1-year or 2-year residency period and if the |
residency period is to be less than 2 years in length, |
assurances from the partner school districts to provide |
intensive mentoring and supports through at least the end of |
the second full year of teaching for educators who completed |
the Alternative Educator Educators Licensure Program for |
Teachers in less than 2 years. These supports must, at a |
minimum, provide additional contact hours with mentors during |
the first year of residency. |
(e) Upon completion of phases under paragraphs (1), (2), |
(4), and, if needed, (3) in subsection (b) of this Section and |
all assessments required under Section 21B-30 of this Code, an |
|
individual shall receive a Professional Educator License. |
(f) The State Board of Education, in consultation with the |
State Educator Preparation and Licensure Board, may adopt such |
rules as may be necessary to establish and implement the |
Alternative Educator Licensure Program for Teachers. |
(Source: P.A. 103-111, eff. 6-29-23; 103-488, eff. 8-4-23; |
revised 9-1-23.)
|
(105 ILCS 5/22-45) |
Sec. 22-45. Illinois P-20 Council. |
(a) The General Assembly finds that preparing Illinoisans |
for success in school and the workplace requires a continuum |
of quality education from preschool through graduate school. |
This State needs a framework to guide education policy and |
integrate education at every level. A statewide coordinating |
council to study and make recommendations concerning education |
at all levels can avoid fragmentation of policies, promote |
improved teaching and learning, and continue to cultivate and |
demonstrate strong accountability and efficiency. Establishing |
an Illinois P-20 Council will develop a statewide agenda that |
will move the State towards the common goals of improving |
academic achievement, increasing college access and success, |
improving use of existing data and measurements, developing |
improved accountability, fostering innovative approaches to |
education, promoting lifelong learning, easing the transition |
to college, and reducing remediation. A pre-kindergarten |
|
through grade 20 agenda will strengthen this State's economic |
competitiveness by producing a highly-skilled workforce. In |
addition, lifelong learning plans will enhance this State's |
ability to leverage funding. |
(b) There is created the Illinois P-20 Council. The |
Illinois P-20 Council shall include all of the following |
members: |
(1) The Governor or his or her designee, to serve as |
chairperson. |
(2) Four members of the General Assembly, one |
appointed by the Speaker of the House of Representatives, |
one appointed by the Minority Leader of the House of |
Representatives, one appointed by the President of the |
Senate, and one appointed by the Minority Leader of the |
Senate. |
(3) Six at-large members appointed by the Governor as |
follows, with 2 members being from the City of Chicago, 2 |
members being from Lake County, McHenry County, Kane |
County, DuPage County, Will County, or that part of Cook |
County outside of the City of Chicago, and 2 members being |
from the remainder of the State: |
(A) one representative of civic leaders; |
(B) one representative of local government; |
(C) one representative of trade unions; |
(D) one representative of nonprofit organizations |
or foundations; |
|
(E) one representative of parents' organizations; |
and |
(F) one education research expert. |
(4) Five members appointed by statewide business |
organizations and business trade associations. |
(5) Six members appointed by statewide professional |
organizations and associations representing |
pre-kindergarten through grade 20 teachers, community |
college faculty, and public university faculty. |
(6) Two members appointed by associations representing |
local school administrators and school board members. One |
of these members must be a special education |
administrator. |
(7) One member representing community colleges, |
appointed by the Illinois Council of Community College |
Presidents. |
(8) One member representing 4-year independent |
colleges and universities, appointed by a statewide |
organization representing private institutions of higher |
learning. |
(9) One member representing public 4-year |
universities, appointed jointly by the university |
presidents and chancellors. |
(10) Ex-officio members as follows: |
(A) The State Superintendent of Education or his |
or her designee. |
|
(A-5) The Secretary of Early Childhood or the |
Secretary's designee. |
(B) The Executive Director of the Board of Higher |
Education or his or her designee. |
(C) The Executive Director of the Illinois |
Community College Board or his or her designee. |
(D) The Executive Director of the Illinois Student |
Assistance Commission or his or her designee. |
(E) The Co-chairpersons of the Illinois Workforce |
Investment Board or their designee. |
(F) The Director of Commerce and Economic |
Opportunity or his or her designee. |
(G) The Chairperson of the Illinois Early Learning |
Council or his or her designee. |
(H) The President of the Illinois Mathematics and |
Science Academy or his or her designee. |
(I) The president of an association representing |
educators of adult learners or his or her designee. |
Ex-officio members shall have no vote on the Illinois P-20 |
Council. |
Appointed members shall serve for staggered terms expiring |
on July 1 of the first, second, or third calendar year |
following their appointments or until their successors are |
appointed and have qualified. Staggered terms shall be |
determined by lot at the organizing meeting of the Illinois |
P-20 Council. |
|
Vacancies shall be filled in the same manner as original |
appointments, and any member so appointed shall serve during |
the remainder of the term for which the vacancy occurred. |
(c) The Illinois P-20 Council shall be funded through |
State appropriations to support staff activities, research, |
data-collection, and dissemination. The Illinois P-20 Council |
shall be staffed by the Office of the Governor, in |
coordination with relevant State agencies, boards, and |
commissions. The Illinois Education Research Council shall |
provide research and coordinate research collection activities |
for the Illinois P-20 Council. |
(d) The Illinois P-20 Council shall have all of the |
following duties: |
(1) To make recommendations to do all of the |
following: |
(A) Coordinate pre-kindergarten through grade 20 |
(graduate school) education in this State through |
working at the intersections of educational systems to |
promote collaborative infrastructure. |
(B) Coordinate and leverage strategies, actions, |
legislation, policies, and resources of all |
stakeholders to support fundamental and lasting |
improvement in this State's public schools, community |
colleges, and universities. |
(C) Better align the high school curriculum with |
postsecondary expectations. |
|
(D) Better align assessments across all levels of |
education. |
(E) Reduce the need for students entering |
institutions of higher education to take remedial |
courses. |
(F) Smooth the transition from high school to |
college. |
(G) Improve high school and college graduation |
rates. |
(H) Improve the rigor and relevance of academic |
standards for college and workforce readiness. |
(I) Better align college and university teaching |
programs with the needs of Illinois schools. |
(2) To advise the Governor, the General Assembly, the |
State's education and higher education agencies, and the |
State's workforce and economic development boards and |
agencies on policies related to lifelong learning for |
Illinois students and families. |
(3) To articulate a framework for systemic educational |
improvement and innovation that will enable every student |
to meet or exceed Illinois learning standards and be |
well-prepared to succeed in the workforce and community. |
(4) To provide an estimated fiscal impact for |
implementation of all Council recommendations. |
(5) To make recommendations for short-term and |
long-term learning recovery actions for public school |
|
students in this State in the wake of the COVID-19 |
pandemic. The Illinois P-20 Council shall submit a report |
with its recommendations for a multi-year recovery plan by |
December 31, 2021 to the Governor, the State Board of |
Education, the Board of Higher Education, the Illinois |
Community College Board, and the General Assembly that |
addresses all of the following: |
(A) Closing the digital divide for all students, |
including access to devices, Internet connectivity, |
and ensuring that educators have the necessary support |
and training to provide high quality remote and |
blended learning to students. |
(B) Evaluating the academic growth and proficiency |
of students in order to understand the impact of |
school closures and remote and blended remote learning |
conditions on student academic outcomes, including |
disaggregating data by race, income, diverse learners, |
and English learners, in ways that balance the need to |
understand that impact with the need to support |
student well-being and also take into consideration |
the logistical constraints facing schools and |
districts. |
(C) Establishing a system for the collection and |
review of student data at the State level, including |
data about prekindergarten through higher education |
student attendance, engagement and participation, |
|
discipline, and social-emotional and mental health |
inputs and outcomes, in order to better understand the |
full impact of disrupted learning. |
(D) Providing students with resources and programs |
for academic support, such as enrichment |
opportunities, tutoring corps, summer bridge programs, |
youth leadership and development programs, youth and |
community-led restorative and transformative justice |
programs, and youth internship and apprenticeship |
programs. |
(E) Providing students with resources and support |
to ensure access to social-emotional learning, mental |
health services, and trauma responsive, restorative |
justice and anti-racist practices in order to support |
the growth of the whole child, such as investing in |
community schools and providing comprehensive |
year-round services and support for both students and |
their families. |
(F) Ensuring more time for students' academic, |
social-emotional, and mental health needs by |
considering such strategies as: (i) extending planning |
time for teachers, (ii) extending the school day and |
school year, and (iii) transitioning to year-round |
schooling. |
(G) Strengthening the transition from secondary |
education to postsecondary education in the wake of |
|
threats to alignment and affordability created by the |
pandemic and related conditions. |
(e) The chairperson of the Illinois P-20 Council may |
authorize the creation of working groups focusing on areas of |
interest to Illinois educational and workforce development, |
including without limitation the following areas: |
(1) Preparation, recruitment, and certification of |
highly qualified teachers. |
(2) Mentoring and induction of highly qualified |
teachers. |
(3) The diversity of highly qualified teachers. |
(4) Funding for highly qualified teachers, including |
developing a strategic and collaborative plan to seek |
federal and private grants to support initiatives |
targeting teacher preparation and its impact on student |
achievement. |
(5) Highly effective administrators. |
(6) Illinois birth through age 3 education, |
pre-kindergarten, and early childhood education. |
(7) The assessment, alignment, outreach, and network |
of college and workforce readiness efforts. |
(8) Alternative routes to college access. |
(9) Research data and accountability. |
(10) Community schools, community participation, and |
other innovative approaches to education that foster |
community partnerships. |
|
(11) Tuition, financial aid, and other issues related |
to keeping postsecondary education affordable for Illinois |
residents. |
(12) Learning recovery in the wake of the COVID-19 |
pandemic. |
The chairperson of the Illinois P-20 Council may designate |
Council members to serve as working group chairpersons. |
Working groups may invite organizations and individuals |
representing pre-kindergarten through grade 20 interests to |
participate in discussions, data collection, and |
dissemination. |
(Source: P.A. 101-654, eff. 3-8-21.)
|
(105 ILCS 5/26-19) |
Sec. 26-19. Chronic absenteeism in preschool children. |
(a) In this Section, "chronic absence" has the meaning |
ascribed to that term in Section 26-18 of this Code. |
(b) The General Assembly makes all of the following |
findings: |
(1) The early years are an extremely important period |
in a child's learning and development. |
(2) Missed learning opportunities in the early years |
make it difficult for a child to enter kindergarten ready |
for success. |
(3) Attendance patterns in the early years serve as |
predictors of chronic absenteeism and reduced educational |
|
outcomes in later school years. Therefore, it is crucial |
that the implications of chronic absence be understood and |
reviewed regularly under the Preschool for All Program and |
Preschool for All Expansion Program under Section 2-3.71 |
of this Code. |
(c) The Preschool for All Program and Preschool for All |
Expansion Program under Section 2-3.71 of this Code shall |
collect and review its chronic absence data and determine what |
support and resources are needed to positively engage |
chronically absent students and their families to encourage |
the habit of daily attendance and promote success. |
(d) The Preschool for All Program and Preschool for All |
Expansion Program under Section 2-3.71 of this Code are |
encouraged to do all of the following: |
(1) Provide support to students who are at risk of |
reaching or exceeding chronic absence levels. |
(2) Make resources available to families, such as |
those available through the State Board of Education's |
Family Engagement Framework, to support and encourage |
families to ensure their children's daily program |
attendance. |
(3) Include information about chronic absenteeism as |
part of their preschool to kindergarten transition |
resources. |
(e) On or before July 1, 2020, and annually thereafter, |
the Preschool for All Program and Preschool for All Expansion |
|
Program shall report all data collected under subsection (c) |
of this Section to the State Board of Education, which shall |
make the report publicly available via the Illinois Early |
Childhood Asset Map Internet website and the Preschool for All |
Program or Preschool for All Expansion Program triennial |
report. |
(f) This Section is repealed on July 1, 2026. |
(Source: P.A. 102-539, eff. 8-20-21.)
|
Section 90-35. The School Construction Law is amended by |
changing Section 5-300 as follows:
|
(105 ILCS 230/5-300) |
Sec. 5-300. Early childhood construction grants. |
(a) The Capital Development Board is authorized to make |
grants to public school districts and not-for-profit entities |
for early childhood construction projects, except that in |
fiscal year 2024 those grants may be made only to public school |
districts. These grants shall be paid out of moneys |
appropriated for that purpose from the School Construction |
Fund, the Build Illinois Bond Fund, or the Rebuild Illinois |
Projects Fund. No grants may be awarded to entities providing |
services within private residences. A public school district |
or other eligible entity must provide local matching funds in |
the following manner: |
(1) A public school district assigned to Tier 1 under |
|
Section 18-8.15 of the School Code or any other eligible |
entity in an area encompassed by that district must |
provide local matching funds in an amount equal to 3% of |
the grant awarded under this Section. |
(2) A public school district assigned to Tier 2 under |
Section 18-8.15 of the School Code or any other eligible |
entity in an area encompassed by that district must |
provide local matching funds in an amount equal to 7.5% of |
the grant awarded under this Section. |
(3) A public school district assigned to Tier 3 under |
Section 18-8.15 of the School Code or any other eligible |
entity in an area encompassed by that district must |
provide local matching funds in an amount equal to 8.75% |
of the grant awarded under this Section. |
(4) A public school district assigned to Tier 4 under |
Section 18-8.15 of the School Code or any other eligible |
entity in an area encompassed by that district must |
provide local matching funds in an amount equal to 10% of |
the grant awarded under this Section. |
A public school district or other eligible entity has no |
entitlement to a grant under this Section. |
(b) The Capital Development Board shall adopt rules to |
implement this Section. These rules need not be the same as the |
rules for school construction project grants or school |
maintenance project grants. The rules may specify: |
(1) the manner of applying for grants; |
|
(2) project eligibility requirements; |
(3) restrictions on the use of grant moneys; |
(4) the manner in which school districts and other |
eligible entities must account for the use of grant |
moneys; |
(5) requirements that new or improved facilities be |
used for early childhood and other related programs for a |
period of at least 10 years; and |
(6) any other provision that the Capital Development |
Board determines to be necessary or useful for the |
administration of this Section. |
(b-5) When grants are made to non-profit corporations for |
the acquisition or construction of new facilities, the Capital |
Development Board or any State agency it so designates shall |
hold title to or place a lien on the facility for a period of |
10 years after the date of the grant award, after which title |
to the facility shall be transferred to the non-profit |
corporation or the lien shall be removed, provided that the |
non-profit corporation has complied with the terms of its |
grant agreement. When grants are made to non-profit |
corporations for the purpose of renovation or rehabilitation, |
if the non-profit corporation does not comply with item (5) of |
subsection (b) of this Section, the Capital Development Board |
or any State agency it so designates shall recover the grant |
pursuant to the procedures outlined in the Illinois Grant |
Funds Recovery Act. |
|
(c) The Capital Development Board, in consultation with |
the State Board of Education, shall establish standards for |
the determination of priority needs concerning early childhood |
projects based on projects located in communities in the State |
with the greatest underserved population of young children, |
utilizing Census data and other reliable local early childhood |
service data. |
(d) In each school year in which early childhood |
construction project grants are awarded, 20% of the total |
amount awarded shall be awarded to a school district with a |
population of more than 500,000, provided that the school |
district complies with the requirements of this Section and |
the rules adopted under this Section. |
(e) This Section is repealed on July 1, 2026. |
(Source: P.A. 102-16, eff. 6-17-21; 103-8, eff. 6-7-23.)
|
Section 90-40. The Early Childhood Access Consortium for |
Equity Act is amended by changing Sections 25 and 35 as |
follows:
|
(110 ILCS 28/25) |
Sec. 25. Advisory committee; membership. |
(a) The Board of Higher Education, the Illinois Community |
College Board, the State Board of Education, the Department of |
Human Services, and the Department of Early Childhood |
Governor's Office of Early Childhood Development shall jointly |
|
convene a Consortium advisory committee to provide guidance on |
the operation of the Consortium. |
(b) Membership on the advisory committee shall be |
comprised of employers and experts appointed by the Board of |
Higher Education, the Illinois Community College Board, the |
Department of Early Childhood, the Department of Human |
Services Governor's Office of Early Childhood Development , and |
the State Board of Education. Membership shall also include |
all of the following members: |
(1) An employer from a community-based child care |
provider, appointed by the Department of Human Services |
Governor's Office of Early Childhood Development . |
(2) An employer from a for-profit child care provider, |
appointed by the Department of Human Services Governor's |
Office of Early Childhood Development . |
(3) An employer from a nonprofit child care provider, |
appointed by the Department of Human Services Governor's |
Office of Early Childhood Development . |
(4) A provider of family child care, appointed by the |
Department of Human Services Governor's Office of Early |
Childhood Development . |
(5) An employer located in southern Illinois, |
appointed by the Department of Early Childhood Governor's |
Office of Early Childhood Development . |
(6) An employer located in central Illinois, appointed |
by the Department of Early Childhood Governor's Office of |
|
Early Childhood Development . |
(7) At least one member who represents an urban school |
district, appointed by the State Board of Education. |
(8) At least one member who represents a suburban |
school district, appointed by the State Board of |
Education. |
(9) At least one member who represents a rural school |
district, appointed by the State Board of Education. |
(10) At least one member who represents a school |
district in a city with a population of 500,000 or more, |
appointed by the State Board of Education. |
(11) Two early childhood advocates with statewide |
expertise in early childhood workforce issues, appointed |
by the Department of Early Childhood Governor's Office of |
Early Childhood Development . |
(12) The Chairperson or Vice-Chairperson and the |
Minority Spokesperson or a designee of the Senate |
Committee on Higher Education. |
(13) The Chairperson or Vice-Chairperson and the |
Minority Spokesperson or a designee of the House Committee |
on Higher Education. |
(14) One member representing the Illinois Community |
College Board, who shall serve as co-chairperson, |
appointed by the Illinois Community College Board. |
(15) One member representing the Board of Higher |
Education, who shall serve as co-chairperson, appointed by |
|
the Board of Higher Education. |
(16) One member representing the Illinois Student |
Assistance Commission, appointed by the Board of Higher |
Education. |
(17) One member representing the State Board of |
Education, who shall serve as co-chairperson, appointed by |
the State Board of Education. |
(18) One member representing the Department of Early |
Childhood Governor's Office of Early Childhood |
Development , who shall serve as co-chairperson, appointed |
by the Department of Early Childhood Governor's Office of |
Early Childhood Development . |
(19) One member representing the Department of Human |
Services, who shall serve as co-chairperson, appointed by |
the Department of Human Services Governor's Office of |
Early Childhood Development . |
(20) One member representing INCCRRA, appointed by the |
Department of Early Childhood Governor's Office of Early |
Childhood Development . |
(21) One member representing the Department of |
Children and Family Services, appointed by the Department |
of Children and Family Services Governor's Office of Early |
Childhood Development . |
(22) One member representing an organization that |
advocates on behalf of community college trustees, |
appointed by the Illinois Community College Board. |
|
(23) One member of a union representing child care and |
early childhood providers, appointed by the Department of |
Human Services Governor's Office of Early Childhood |
Development . |
(24) Two members of unions representing higher |
education faculty, appointed by the Board of Higher |
Education. |
(25) A representative from the College of Education of |
an urban public university, appointed by the Board of |
Higher Education. |
(26) A representative from the College of Education of |
a suburban public university, appointed by the Board of |
Higher Education. |
(27) A representative from the College of Education of |
a rural public university, appointed by the Board of |
Higher Education. |
(28) A representative from the College of Education of |
a private university, appointed by the Board of Higher |
Education. |
(29) A representative of an urban community college, |
appointed by the Illinois Community College Board. |
(30) A representative of a suburban community college, |
appointed by the Illinois Community College Board. |
(31) A representative of rural community college, |
appointed by the Illinois Community College Board. |
(c) The advisory committee shall meet quarterly. The |
|
committee meetings shall be open to the public in accordance |
with the provisions of the Open Meetings Act. |
(Source: P.A. 102-174, eff. 7-28-21.)
|
(110 ILCS 28/35) |
Sec. 35. Goals and metrics. |
(a) By July 1, 2021 or within 60 days after the effective |
date of this amendatory Act of the 102nd General Assembly, the |
Board of Higher Education's Strategic Plan Educator Workforce |
subgroup on the early childhood workforce must set goals for |
the Consortium for the enrollment, persistence, and completion |
of members of the incumbent workforce in associate, |
bachelor's, and master's degree programs, Gateways Credentials |
in Level 2, 3, or 4, and Professional Educator Licensure by |
September 30, 2024. The goals set for the Consortium must be |
data informed and include targets for annual enrollment and |
persistence. |
(b) Data from the Gateways Registry, March 2020, indicates |
that there are 7,670 individuals with an associate degree who |
would benefit from progressing to a baccalaureate degree and |
20,467 individuals with a high school diploma or some college |
who would benefit from progressing to an associate degree. If |
the goals cannot be set in accordance with subsection (a), the |
goal for the Consortium shall be that by September 30, 2024, |
20% of the individuals described in this subsection (b) who do |
not have a degree will have enrolled and be persisting toward |
|
or have attained a Gateways Credential in Level 2, 3, or 4 or |
an associate degree and, of the individuals who have an |
associate degree, will be enrolled and persisting toward or |
have attained a baccalaureate degree or will be persisting |
toward or have attained a Professional Educator License. |
(c) Student financial aid, including incentives and |
stipends, data-sharing, and professional statewide engagement |
and marketing campaign and recruitment efforts are critical to |
the Consortium's ability to quickly attract and enroll |
students into these programs. Navigators, mentors, and |
advisors are critical for persistence and completion. If |
federal funds are not appropriated for these purposes and the |
other purposes of this Section, the Board of Higher Education, |
the Illinois Community College Board, the State Board of |
Education, the Department of Human Services, and the |
Department of Early Childhood Governor's Office of Early |
Childhood Development , in consultation with the advisory |
committee, shall adjust the initial target metrics |
appropriately by adopting challenging goals that may be |
attainable with less public investment. |
(d) The Board of Higher Education, the Illinois Community |
College Board, the State Board of Education, the Department of |
Human Services, and the Department of Early Childhood |
Governor's Office of Early Childhood Development , in |
consultation with the advisory committee, shall determine new |
metrics and goals for the Consortium as they relate to the |
|
remaining and future early childhood workforce, to be |
instituted after the close of the 2024-2025 academic year and |
going forward. Metrics must take into consideration that the |
pipeline depends on sustained, increased student enrollment |
and completion rates at the associate degree level if this |
State aims to continue with sustained, increased student |
enrollment and completion at the bachelor's degree level. |
(Source: P.A. 102-174, eff. 7-28-21.)
|
Section 90-45. The Illinois Public Aid Code is amended by |
changing Sections 2-12, 2-12.5, 9A-11, 9A-11.5, and 9A-17 as |
follows:
|
(305 ILCS 5/2-12) (from Ch. 23, par. 2-12) |
Sec. 2-12. "Illinois Department"; "Department". In this |
Code, "Illinois Department" or "Department", when a particular |
entity is not specified, means the following: |
(1) In the case of a function performed before July 1, 1997 |
(the effective date of the Department of Human Services Act), |
the term means the Department of Public Aid. |
(2) Except as provided in paragraph (2.5), in In the case |
of a function to be performed on or after July 1, 1997 under |
Article III, IV, VI, IX, or IXA, the term means the Department |
of Human Services as successor to the Illinois Department of |
Public Aid. |
(2.5) In the case of a function to be performed on or after |
|
July 1, 2026 under Sections 9A-11 and 9A-11-5, the term means |
the Department of Early Childhood. |
(3) In the case of a function to be performed on or after |
July 1, 1997 under Article V, V-A, V-B, V-C, V-D, V-E, X, XIV, |
or XV, the term means the Department of Healthcare and Family |
Services (formerly Illinois Department of Public Aid). |
(4) In the case of a function to be performed on or after |
July 1, 1997 under Article I, II, VIIIA, XI, XII, or XIII, the |
term means the Department of Human Services (acting as |
successor to the Illinois Department of Public Aid) or the |
Department of Healthcare and Family Services (formerly |
Illinois Department of Public Aid) or both, according to |
whether that function, in the specific context, has been |
allocated to the Department of Human Services or the |
Department of Healthcare and Family Services (formerly |
Department of Public Aid) or both of those departments. |
(Source: P.A. 95-331, eff. 8-21-07.)
|
(305 ILCS 5/2-12.5) |
Sec. 2-12.5. "Director of the Illinois Department"; |
"Director of the Department"; "Director". In this Code, |
"Director of the Illinois Department", "Director of the |
Department", or "Director", when a particular official is not |
specified, means the following: |
(1) In the case of a function performed before July 1, 1997 |
(the effective date of the Department of Human Services Act), |
|
the term means the Director of Public Aid. |
(2) Except as provided in paragraph (2.5), in In the case |
of a function to be performed on or after July 1, 1997 under |
Article III, IV, VI, IX, or IXA, the term means the Secretary |
of Human Services. |
(2.5) In the case of a function to be performed on or after |
July 1, 2026 under Sections 9A-11 and 9A-11-5, the term means |
the Secretary of Early Childhood. |
(3) In the case of a function to be performed on or after |
July 1, 1997 under Article V, V-A, V-B, V-C, V-D, V-E, X, XIV, |
or XV, the term means the Director of Healthcare and Family |
Services (formerly Director of Public Aid). |
(4) In the case of a function to be performed on or after |
July 1, 1997 under Article I, II, VIIIA, XI, XII, or XIII, the |
term means the Secretary of Human Services or the Director of |
Healthcare and Family Services (formerly Director of Public |
Aid) or both, according to whether that function, in the |
specific context, has been allocated to the Department of |
Human Services or the Department of Healthcare and Family |
Services (formerly Department of Public Aid) or both of those |
departments. |
(Source: P.A. 95-331, eff. 8-21-07.)
|
(305 ILCS 5/9A-11) (from Ch. 23, par. 9A-11) |
Sec. 9A-11. Child care. |
(a) The General Assembly recognizes that families with |
|
children need child care in order to work. Child care is |
expensive and families with limited access to economic |
resources, including those who are transitioning from welfare |
to work, often struggle to pay the costs of day care. The |
General Assembly understands the importance of helping working |
families with limited access to economic resources become and |
remain self-sufficient. The General Assembly also believes |
that it is the responsibility of families to share in the costs |
of child care. It is also the preference of the General |
Assembly that all working families with limited access to |
economic resources should be treated equally, regardless of |
their welfare status. |
(b) To the extent resources permit, the Illinois |
Department shall provide child care services to parents or |
other relatives as defined by rule who are working or |
participating in employment or Department approved education |
or training programs. At a minimum, the Illinois Department |
shall cover the following categories of families: |
(1) recipients of TANF under Article IV participating |
in work and training activities as specified in the |
personal plan for employment and self-sufficiency; |
(2) families transitioning from TANF to work; |
(3) families at risk of becoming recipients of TANF; |
(4) families with special needs as defined by rule; |
(5) working families with very low incomes as defined |
by rule; |
|
(6) families that are not recipients of TANF and that |
need child care assistance to participate in education and |
training activities; |
(7) youth in care, as defined in Section 4d of the |
Children and Family Services Act, who are parents, |
regardless of income or whether they are working or |
participating in Department-approved employment or |
education or training programs. Any family that receives |
child care assistance in accordance with this paragraph |
shall receive one additional 12-month child care |
eligibility period after the parenting youth in care's |
case with the Department of Children and Family Services |
is closed, regardless of income or whether the parenting |
youth in care is working or participating in |
Department-approved employment or education or training |
programs; |
(8) families receiving Extended Family Support Program |
services from the Department of Children and Family |
Services, regardless of income or whether they are working |
or participating in Department-approved employment or |
education or training programs; and |
(9) families with children under the age of 5 who have |
an open intact family services case with the Department of |
Children and Family Services. Any family that receives |
child care assistance in accordance with this paragraph |
shall remain eligible for child care assistance 6 months |
|
after the child's intact family services case is closed, |
regardless of whether the child's parents or other |
relatives as defined by rule are working or participating |
in Department approved employment or education or training |
programs. The Department of Early Childhood Human |
Services , in consultation with the Department of Children |
and Family Services, shall adopt rules to protect the |
privacy of families who are the subject of an open intact |
family services case when such families enroll in child |
care services. Additional rules shall be adopted to offer |
children who have an open intact family services case the |
opportunity to receive an Early Intervention screening and |
other services that their families may be eligible for as |
provided by the Department of Human Services. |
Beginning October 1, 2027 2023 , and every October 1 |
thereafter, the Department of Children and Family Services |
shall report to the General Assembly on the number of children |
who received child care via vouchers paid for by the |
Department of Early Childhood Children and Family Services |
during the preceding fiscal year. The report shall include the |
ages of children who received child care, the type of child |
care they received, and the number of months they received |
child care. |
The Department shall specify by rule the conditions of |
eligibility, the application process, and the types, amounts, |
and duration of services. Eligibility for child care benefits |
|
and the amount of child care provided may vary based on family |
size, income, and other factors as specified by rule. |
The Department shall update the Child Care Assistance |
Program Eligibility Calculator posted on its website to |
include a question on whether a family is applying for child |
care assistance for the first time or is applying for a |
redetermination of eligibility. |
A family's eligibility for child care services shall be |
redetermined no sooner than 12 months following the initial |
determination or most recent redetermination. During the |
12-month periods, the family shall remain eligible for child |
care services regardless of (i) a change in family income, |
unless family income exceeds 85% of State median income, or |
(ii) a temporary change in the ongoing status of the parents or |
other relatives, as defined by rule, as working or attending a |
job training or educational program. |
In determining income eligibility for child care benefits, |
the Department annually, at the beginning of each fiscal year, |
shall establish, by rule, one income threshold for each family |
size, in relation to percentage of State median income for a |
family of that size, that makes families with incomes below |
the specified threshold eligible for assistance and families |
with incomes above the specified threshold ineligible for |
assistance. Through and including fiscal year 2007, the |
specified threshold must be no less than 50% of the |
then-current State median income for each family size. |
|
Beginning in fiscal year 2008, the specified threshold must be |
no less than 185% of the then-current federal poverty level |
for each family size. Notwithstanding any other provision of |
law or administrative rule to the contrary, beginning in |
fiscal year 2019, the specified threshold for working families |
with very low incomes as defined by rule must be no less than |
185% of the then-current federal poverty level for each family |
size. Notwithstanding any other provision of law or |
administrative rule to the contrary, beginning in State fiscal |
year 2022 through State fiscal year 2023, the specified income |
threshold shall be no less than 200% of the then-current |
federal poverty level for each family size. Beginning in State |
fiscal year 2024, the specified income threshold shall be no |
less than 225% of the then-current federal poverty level for |
each family size. |
In determining eligibility for assistance, the Department |
shall not give preference to any category of recipients or |
give preference to individuals based on their receipt of |
benefits under this Code. |
Nothing in this Section shall be construed as conferring |
entitlement status to eligible families. |
The Illinois Department is authorized to lower income |
eligibility ceilings, raise parent co-payments, create waiting |
lists, or take such other actions during a fiscal year as are |
necessary to ensure that child care benefits paid under this |
Article do not exceed the amounts appropriated for those child |
|
care benefits. These changes may be accomplished by emergency |
rule under Section 5-45 of the Illinois Administrative |
Procedure Act, except that the limitation on the number of |
emergency rules that may be adopted in a 24-month period shall |
not apply. |
The Illinois Department may contract with other State |
agencies or child care organizations for the administration of |
child care services. |
(c) Payment shall be made for child care that otherwise |
meets the requirements of this Section and applicable |
standards of State and local law and regulation, including any |
requirements the Illinois Department promulgates by rule . |
Through June 30, 2026, the rules of this Section include |
licensure requirements adopted by the Department of Children |
and Family Services. On and after July 1, 2026, the rules of |
this Section include licensure requirements adopted by the |
Department of Early Childhood. In addition, the regulations of |
this Section include the in addition to the licensure |
requirements promulgated by the Department of Children and |
Family Services and Fire Prevention and Safety requirements |
promulgated by the Office of the State Fire Marshal, and is |
provided in any of the following: |
(1) a child care center which is licensed or exempt |
from licensure pursuant to Section 2.09 of the Child Care |
Act of 1969; |
(2) a licensed child care home or home exempt from |
|
licensing; |
(3) a licensed group child care home; |
(4) other types of child care, including child care |
provided by relatives or persons living in the same home |
as the child, as determined by the Illinois Department by |
rule. |
(c-5) Solely for the purposes of coverage under the |
Illinois Public Labor Relations Act, child and day care home |
providers, including licensed and license exempt, |
participating in the Department's child care assistance |
program shall be considered to be public employees and the |
State of Illinois shall be considered to be their employer as |
of January 1, 2006 (the effective date of Public Act 94-320), |
but not before. The State shall engage in collective |
bargaining with an exclusive representative of child and day |
care home providers participating in the child care assistance |
program concerning their terms and conditions of employment |
that are within the State's control. Nothing in this |
subsection shall be understood to limit the right of families |
receiving services defined in this Section to select child and |
day care home providers or supervise them within the limits of |
this Section. The State shall not be considered to be the |
employer of child and day care home providers for any purposes |
not specifically provided in Public Act 94-320, including, but |
not limited to, purposes of vicarious liability in tort and |
purposes of statutory retirement or health insurance benefits. |
|
Child and day care home providers shall not be covered by the |
State Employees Group Insurance Act of 1971. |
In according child and day care home providers and their |
selected representative rights under the Illinois Public Labor |
Relations Act, the State intends that the State action |
exemption to application of federal and State antitrust laws |
be fully available to the extent that their activities are |
authorized by Public Act 94-320. |
(d) The Illinois Department shall establish, by rule, a |
co-payment scale that provides for cost sharing by families |
that receive child care services, including parents whose only |
income is from assistance under this Code. The co-payment |
shall be based on family income and family size and may be |
based on other factors as appropriate. Co-payments may be |
waived for families whose incomes are at or below the federal |
poverty level. |
(d-5) The Illinois Department, in consultation with its |
Child Care and Development Advisory Council, shall develop a |
plan to revise the child care assistance program's co-payment |
scale. The plan shall be completed no later than February 1, |
2008, and shall include: |
(1) findings as to the percentage of income that the |
average American family spends on child care and the |
relative amounts that low-income families and the average |
American family spend on other necessities of life; |
(2) recommendations for revising the child care |
|
co-payment scale to assure that families receiving child |
care services from the Department are paying no more than |
they can reasonably afford; |
(3) recommendations for revising the child care |
co-payment scale to provide at-risk children with complete |
access to Preschool for All and Head Start; and |
(4) recommendations for changes in child care program |
policies that affect the affordability of child care. |
(e) (Blank). |
(f) The Illinois Department shall, by rule, set rates to |
be paid for the various types of child care. Child care may be |
provided through one of the following methods: |
(1) arranging the child care through eligible |
providers by use of purchase of service contracts or |
vouchers; |
(2) arranging with other agencies and community |
volunteer groups for non-reimbursed child care; |
(3) (blank); or |
(4) adopting such other arrangements as the Department |
determines appropriate. |
(f-1) Within 30 days after June 4, 2018 (the effective |
date of Public Act 100-587), the Department of Human Services |
shall establish rates for child care providers that are no |
less than the rates in effect on January 1, 2018 increased by |
4.26%. |
(f-5) (Blank). |
|
(g) Families eligible for assistance under this Section |
shall be given the following options: |
(1) receiving a child care certificate issued by the |
Department or a subcontractor of the Department that may |
be used by the parents as payment for child care and |
development services only; or |
(2) if space is available, enrolling the child with a |
child care provider that has a purchase of service |
contract with the Department or a subcontractor of the |
Department for the provision of child care and development |
services. The Department may identify particular priority |
populations for whom they may request special |
consideration by a provider with purchase of service |
contracts, provided that the providers shall be permitted |
to maintain a balance of clients in terms of household |
incomes and families and children with special needs, as |
defined by rule. |
(Source: P.A. 102-491, eff. 8-20-21; 102-813, eff. 5-13-22; |
102-926, eff. 5-27-22; 103-8, eff. 6-7-23.)
|
(305 ILCS 5/9A-11.5) |
Sec. 9A-11.5. Investigate child care providers. |
(a) Through June 30, 2026, any Any child care provider |
receiving funds from the child care assistance program under |
this Code who is not required to be licensed under the Child |
Care Act of 1969 shall, as a condition of eligibility to |
|
participate in the child care assistance program under this |
Code, authorize in writing on a form prescribed by the |
Department of Children and Family Services, periodic |
investigations of the Central Register, as defined in the |
Abused and Neglected Child Reporting Act, to ascertain if the |
child care provider has been determined to be a perpetrator in |
an indicated report of child abuse or neglect. The Department |
of Children and Family Services shall conduct an investigation |
of the Central Register at the request of the Department of |
Human Services . |
(a-5) On and after July 1, 2026, any child care provider |
receiving funds from the child care assistance program under |
this Code who is not required to be licensed under the Child |
Care Act of 1969 shall, as a condition of eligibility to |
participate in the child care assistance program under this |
Code, authorize in writing on a form prescribed by the |
Department of Early Childhood, periodic investigations of the |
Central Register, as defined in the Abused and Neglected Child |
Reporting Act, to ascertain if the child care provider has |
been determined to be a perpetrator in an indicated report of |
child abuse or neglect. |
(b) Any child care provider, other than a relative of the |
child, receiving funds from the child care assistance program |
under this Code who is not required to be licensed under the |
Child Care Act of 1969 shall, as a condition of eligibility to |
participate in the child care assistance program under this |
|
Code, authorize in writing a State and Federal Bureau of |
Investigation fingerprint-based criminal history record check |
to determine if the child care provider has ever been |
convicted of a crime with respect to which the conviction has |
not been overturned and the criminal records have not been |
sealed or expunged. Upon this authorization, the Department |
shall request and receive information and assistance from any |
federal or State governmental agency as part of the authorized |
criminal history record check. The Illinois State Police shall |
provide information concerning any conviction that has not |
been overturned and with respect to which the criminal records |
have not been sealed or expunged, whether the conviction |
occurred before or on or after the effective date of this |
amendatory Act of the 96th General Assembly, of a child care |
provider upon the request of the Department when the request |
is made in the form and manner required by the Illinois State |
Police. The Illinois State Police shall charge a fee not to |
exceed the cost of processing the criminal history record |
check. The fee is to be deposited into the State Police |
Services Fund. Any information concerning convictions that |
have not been overturned and with respect to which the |
criminal records have not been sealed or expunged obtained by |
the Department is confidential and may not be transmitted (i) |
outside the Department except as required in this Section or |
(ii) to anyone within the Department except as needed for the |
purposes of determining participation in the child care |
|
assistance program. A copy of the criminal history record |
check obtained from the Illinois State Police shall be |
provided to the unlicensed child care provider. |
(c) The Department shall by rule set standards for |
determining when to disqualify an unlicensed child care |
provider for payment because (i) there is an indicated finding |
against the provider based on the results of the Central |
Register search or (ii) there is a disqualifying criminal |
charge pending against the provider or the provider has a |
disqualifying criminal conviction that has not been overturned |
and with respect to which the criminal records have not been |
expunged or sealed based on the results of the |
fingerprint-based Illinois State Police and Federal Bureau of |
Investigation criminal history record check. In determining |
whether to disqualify an unlicensed child care provider for |
payment under this subsection, the Department shall consider |
the nature and gravity of any offense or offenses; the time |
that has passed since the offense or offenses or the |
completion of the criminal sentence or both; and the |
relationship of the offense or offenses to the |
responsibilities of the child care provider. |
(Source: P.A. 102-538, eff. 8-20-21.)
|
(305 ILCS 5/9A-17) |
Sec. 9A-17. Smart Start Child Care Program. Subject to |
appropriation, the Department of Human Services shall |
|
establish the Smart Start Child Care Program. The Smart Start |
Child Care Program shall focus on creating affordable child |
care, as well as increasing access to child care, for Illinois |
residents and may include, but is not limited to, providing |
funding to increase preschool availability, providing funding |
for childcare workforce compensation or capital investments, |
and expanding funding for Early Childhood Access Consortium |
for Equity Scholarships. The Department shall establish |
program eligibility criteria, participation conditions, |
payment levels, and other program requirements by rule. The |
Department of Human Services may consult with the Capital |
Development Board, the Department of Commerce and Economic |
Opportunity, and the Illinois Housing Development Authority in |
the management and disbursement of funds for capital-related |
projects. The Capital Development Board, the Department of |
Commerce and Economic Opportunity, and the Illinois Housing |
Development Authority shall act in a consulting role only for |
the evaluation of applicants, scoring of applicants, or |
administration of the grant program. |
This Section is repealed on July 1, 2026. |
(Source: P.A. 103-8, eff. 6-7-23.)
|
Section 90-50. The Early Intervention Services System Act |
is amended by adding Section 20.1 as follows:
|
(325 ILCS 20/20.1 new) |
|
Sec. 20.1. Repeal. This Act is repealed on July 1, 2026.
|
Section 90-55. The Infant/Early Childhood Mental Health |
Consultations Act is amended by changing Section 35-5 as |
follows:
|
(405 ILCS 47/35-5) |
Sec. 35-5. Findings; policies. |
(a) The General Assembly finds the following: |
(1) Social and emotional development is a core |
developmental domain in young children and is codified in |
the Illinois Early Learning Standards. |
(2) Fostering social and emotional development in |
early childhood means both providing the supportive |
settings and interactions to maximize healthy social and |
emotional development for all children, as well as |
providing communities, programs, and providers with |
systems of tiered supports with training to respond to |
more significant social and emotional challenges or where |
experiences of trauma may be more prevalent. |
(3) Early care and education programs and providers, |
across a range of settings, have an important role to play |
in supporting young children and families, especially |
those who face greater challenges, such as trauma |
exposure, social isolation, pervasive poverty, and toxic |
stress; if programs, teaching staff, caregivers, and |
|
providers are not provided with the support, services, and |
training needed to accomplish these goals, it can lead to |
children and families being asked to leave programs, |
particularly without connection to more appropriate |
services, thereby creating a disruption in learning and |
social-emotional development; investments in reflective |
supervision, professional development specific to |
diversity, equity and inclusion practice, culturally |
responsive training, implicit bias training, and how |
trauma experienced during the early years can manifest in |
challenging behaviors will create systems for serving |
children that are informed in developmentally appropriate |
and responsive supports. |
(4) Studies have shown that the expulsion of infants, |
toddlers, and young children in early care and education |
settings is occurring at alarmingly high rates, more than |
3 times that of students in K-12; further, expulsion |
occurs more frequently for Black children and Latinx |
children and more frequently for boys than for girls, with |
Black boys being most frequently expelled; there is |
evidence to show that the expulsion of Black girls is |
occurring with increasing frequency. |
(5) Illinois took its first steps toward addressing |
this disparity through Public Act 100-105 to prohibit |
expulsion due to child behavior in early care and |
education settings, but further work is needed to |
|
implement this law, including strengthening provider |
understanding of a successful transition and beginning to |
identify strategies to reduce "soft expulsions" and to |
ensure more young children and their teachers, providers, |
and caregivers, in a range of early care and education |
settings, can benefit from services, such as Infant/Early |
Childhood Mental Health Consultations (I/ECMHC) and |
positive behavior interventions and supports such as the |
Pyramid Model. |
(6) I/ECMHC is a critical component needed to align |
social-emotional well-being with the public health model |
of promotion, prevention, and intervention across early |
care and education systems. |
(b) The General Assembly encourages that all of the |
following actions be taken by: |
(1) the State to increase the availability of |
Infant/Early Childhood Mental Health Consultations |
(I/ECMHC) through increased funding in early childhood |
programs and sustainable funding for coordination of |
I/ECMHC and other social and emotional support at the |
State level; |
(2) the Department of Human Services (IDHS), the |
Illinois State Board of Education (ISBE), the Governor's |
Office of Early Childhood Development (GOECD), and other |
relevant agencies to develop and promote |
provider-accessible and parent-accessible materials, |
|
including native language, on the role and value of |
I/ECMHC, including targeted promotion in underserved |
communities, and promote the use of existing I/ECMHCs, the |
I/ECMHC consultant database, or other existing services; |
(3) the State to increase funding to promote and |
provide training and implementation support for systems of |
tiered support, such as the Pyramid Model, across early |
childhood settings and urge DHS, ISBE, GOECD, and other |
relevant State agencies to coordinate efforts and develop |
strategies to provide outreach to and support providers in |
underserved communities and communities with fewer |
programmatic resources; and |
(4) ISBE and DCFS to provide the data required by |
Public Act 100-105, even if the data is incomplete at the |
time due to data system challenges. |
(c) This Section is repealed on July 1, 2026. |
(Source: P.A. 101-654, eff. 3-8-21.)
|
Section 90-60. The Children's Mental Health Act is amended |
by changing Section 5 as follows:
|
(405 ILCS 49/5) |
Sec. 5. Children's Mental Health Partnership; Children's |
Mental Health Plan. |
(a) The Children's Mental Health Partnership (hereafter |
referred to as "the Partnership") created under Public Act |
|
93-495 and continued under Public Act 102-899 shall advise |
State agencies on designing and implementing short-term and |
long-term strategies to provide comprehensive and coordinated |
services for children from birth to age 25 and their families |
with the goal of addressing children's mental health needs |
across a full continuum of care, including social determinants |
of health, prevention, early identification, and treatment. |
The recommended strategies shall build upon the |
recommendations in the Children's Mental Health Plan of 2022 |
and may include, but are not limited to, recommendations |
regarding the following: |
(1) Increasing public awareness on issues connected to |
children's mental health and wellness to decrease stigma, |
promote acceptance, and strengthen the ability of |
children, families, and communities to access supports. |
(2) Coordination of programs, services, and policies |
across child-serving State agencies to best monitor and |
assess spending, as well as foster innovation of adaptive |
or new practices. |
(3) Funding and resources for children's mental health |
prevention, early identification, and treatment across |
child-serving State agencies. |
(4) Facilitation of research on best practices and |
model programs and dissemination of this information to |
State policymakers, practitioners, and the general public. |
(5) Monitoring programs, services, and policies |
|
addressing children's mental health and wellness. |
(6) Growing, retaining, diversifying, and supporting |
the child-serving workforce, with special emphasis on |
professional development around child and family mental |
health and wellness services. |
(7) Supporting the design, implementation, and |
evaluation of a quality-driven children's mental health |
system of care across all child services that prevents |
mental health concerns and mitigates trauma. |
(8) Improving the system to more effectively meet the |
emergency and residential placement needs for all children |
with severe mental and behavioral challenges. |
(b) The Partnership shall have the responsibility of |
developing and updating the Children's Mental Health Plan and |
advising the relevant State agencies on implementation of the |
Plan. The Children's Mental Health Partnership shall be |
comprised of the following members: |
(1) The Governor or his or her designee. |
(2) The Attorney General or his or her designee. |
(3) The Secretary of the Department of Human Services |
or his or her designee. |
(4) The State Superintendent of Education or his or |
her designee. |
(5) The Director of the Department of Children and |
Family Services or his or her designee. |
(6) The Director of the Department of Healthcare and |
|
Family Services or his or her designee. |
(7) The Director of the Department of Public Health or |
his or her designee. |
(8) The Director of the Department of Juvenile Justice |
or his or her designee. |
(9) The Secretary of Early Childhood Executive |
Director of the Governor's Office of Early Childhood |
Development or his or her designee. |
(10) The Director of the Criminal Justice Information |
Authority or his or her designee. |
(11) One member of the General Assembly appointed by |
the Speaker of the House. |
(12) One member of the General Assembly appointed by |
the President of the Senate. |
(13) One member of the General Assembly appointed by |
the Minority Leader of the Senate. |
(14) One member of the General Assembly appointed by |
the Minority Leader of the House. |
(15) Up to 25 representatives from the public |
reflecting a diversity of age, gender identity, race, |
ethnicity, socioeconomic status, and geographic location, |
to be appointed by the Governor. Those public members |
appointed under this paragraph must include, but are not |
limited to: |
(A) a family member or individual with lived |
experience in the children's mental health system; |
|
(B) a child advocate; |
(C) a community mental health expert, |
practitioner, or provider; |
(D) a representative of a statewide association |
representing a majority of hospitals in the State; |
(E) an early childhood expert or practitioner; |
(F) a representative from the K-12 school system; |
(G) a representative from the healthcare sector; |
(H) a substance use prevention expert or |
practitioner, or a representative of a statewide |
association representing community-based mental health |
substance use disorder treatment providers in the |
State; |
(I) a violence prevention expert or practitioner; |
(J) a representative from the juvenile justice |
system; |
(K) a school social worker; and |
(L) a representative of a statewide organization |
representing pediatricians. |
(16) Two co-chairs appointed by the Governor, one |
being a representative from the public and one being a |
representative from the State. |
The members appointed by the Governor shall be appointed |
for 4 years with one opportunity for reappointment, except as |
otherwise provided for in this subsection. Members who were |
appointed by the Governor and are serving on January 1, 2023 |
|
(the effective date of Public Act 102-899) shall maintain |
their appointment until the term of their appointment has |
expired. For new appointments made pursuant to Public Act |
102-899, members shall be appointed for one-year, 2-year, or |
4-year terms, as determined by the Governor, with no more than |
9 of the Governor's new or existing appointees serving the |
same term. Those new appointments serving a one-year or 2-year |
term may be appointed to 2 additional 4-year terms. If a |
vacancy occurs in the Partnership membership, the vacancy |
shall be filled in the same manner as the original appointment |
for the remainder of the term. |
The Partnership shall be convened no later than January |
31, 2023 to discuss the changes in Public Act 102-899. |
The members of the Partnership shall serve without |
compensation but may be entitled to reimbursement for all |
necessary expenses incurred in the performance of their |
official duties as members of the Partnership from funds |
appropriated for that purpose. |
The Partnership may convene and appoint special committees |
or study groups to operate under the direction of the |
Partnership. Persons appointed to such special committees or |
study groups shall only receive reimbursement for reasonable |
expenses. |
(b-5) The Partnership shall include an adjunct council |
comprised of no more than 6 youth aged 14 to 25 and 4 |
representatives of 4 different community-based organizations |
|
that focus on youth mental health. Of the community-based |
organizations that focus on youth mental health, one of the |
community-based organizations shall be led by an |
LGBTQ-identified person, one of the community-based |
organizations shall be led by a person of color, and one of the |
community-based organizations shall be led by a woman. Of the |
representatives appointed to the council from the |
community-based organizations, at least one representative |
shall be LGBTQ-identified, at least one representative shall |
be a person of color, and at least one representative shall be |
a woman. The council members shall be appointed by the Chair of |
the Partnership and shall reflect the racial, gender identity, |
sexual orientation, ability, socioeconomic, ethnic, and |
geographic diversity of the State, including rural, suburban, |
and urban appointees. The council shall make recommendations |
to the Partnership regarding youth mental health, including, |
but not limited to, identifying barriers to youth feeling |
supported by and empowered by the system of mental health and |
treatment providers, barriers perceived by youth in accessing |
mental health services, gaps in the mental health system, |
available resources in schools, including youth's perceptions |
and experiences with outreach personnel, agency websites, and |
informational materials, methods to destigmatize mental health |
services, and how to improve State policy concerning student |
mental health. The mental health system may include services |
for substance use disorders and addiction. The council shall |
|
meet at least 4 times annually. |
(c) (Blank). |
(d) The Illinois Children's Mental Health Partnership has |
the following powers and duties: |
(1) Conducting research assessments to determine the |
needs and gaps of programs, services, and policies that |
touch children's mental health. |
(2) Developing policy statements for interagency |
cooperation to cover all aspects of mental health |
delivery, including social determinants of health, |
prevention, early identification, and treatment. |
(3) Recommending policies and providing information on |
effective programs for delivery of mental health services. |
(4) Using funding from federal, State, or |
philanthropic partners, to fund pilot programs or research |
activities to resource innovative practices by |
organizational partners that will address children's |
mental health. However, the Partnership may not provide |
direct services. |
(5) Submitting an annual report, on or before December |
30 of each year, to the Governor and the General Assembly |
on the progress of the Plan, any recommendations regarding |
State policies, laws, or rules necessary to fulfill the |
purposes of the Act, and any additional recommendations |
regarding mental or behavioral health that the Partnership |
deems necessary. |
|
(6) Employing an Executive Director and setting the |
compensation of the Executive Director and other such |
employees and technical assistance as it deems necessary |
to carry out its duties under this Section. |
The Partnership may designate a fiscal and administrative |
agent that can accept funds to carry out its duties as outlined |
in this Section. |
The Department of Healthcare and Family Services shall |
provide technical and administrative support for the |
Partnership. |
(e) The Partnership may accept monetary gifts or grants |
from the federal government or any agency thereof, from any |
charitable foundation or professional association, or from any |
reputable source for implementation of any program necessary |
or desirable to carry out the powers and duties as defined |
under this Section. |
(f) On or before January 1, 2027, the Partnership shall |
submit recommendations to the Governor and General Assembly |
that includes recommended updates to the Act to reflect the |
current mental health landscape in this State. |
(Source: P.A. 102-16, eff. 6-17-21; 102-116, eff. 7-23-21; |
102-899, eff. 1-1-23; 102-1034, eff. 1-1-23; 103-154, eff. |
6-30-23.)
|
Section 90-65. The Advisory Board for the Maternal and |
Child Health Block Grant Programs Act is amended by changing |
|
Section 15 as follows:
|
(410 ILCS 221/15) |
Sec. 15. Advisory Board for the Maternal and Child Health |
Block Grant Programs. |
(a) The Advisory Board for the Maternal and Child Health |
Block Grant Programs is created within the Department to |
advise the Department on programs and activities related to |
maternal and child health in the State of Illinois. |
The Board shall consist of the Director's designee |
responsible for maternal and child health programs, who shall |
serve as the Chair of the Board; the Department's Title V |
administrator, if the Director's designee is not serving in |
the capacity of Title V Director at the Department; one |
representative each from the Department of Early Childhood, |
the Department of Children and Family Services, the Department |
of Human Services, and the Department of Healthcare and Family |
Services, appointed by the Director or Secretary of each |
Department; the Director of the University of Illinois at |
Chicago's Division of Specialized Care for Children; 4 members |
of the General Assembly, one each appointed by the President |
and Minority Leader of the Senate and the Speaker and Minority |
Leader of the House of Representatives; and 20 additional |
members appointed by the Director. |
Of the members appointed by the Director: |
(1) Two shall be physicians licensed to practice |
|
medicine in all of its branches who currently serve |
patients enrolled in maternal and child health programs |
funded by the State of Illinois, one of whom shall be an |
individual with a specialty in obstetrics and gynecology |
and one of whom shall be an individual with a specialty in |
pediatric medicine; |
(2) Sixteen shall be persons with expertise in one or |
more of the following areas, with no more than 3 persons |
from each listed area of expertise and with preference |
given to the areas of need identified by the most recent |
State needs assessment: the health of women, infants, |
young children, school-aged children, adolescents, and |
children with special health care needs; public health; |
epidemiology; behavioral health; nursing; social work; |
substance abuse prevention; juvenile justice; oral health; |
child development; chronic disease prevention; health |
promotion; and education; 5 of the 16 members shall |
represent organizations that provide maternal and child |
health services with funds from the Department; and |
(3) either 2 consumers who have received services |
through a Department-funded maternal and child health |
program, 2 representatives from advocacy groups that |
advocate on behalf of such consumers, or one such consumer |
and one such representative of an advocacy group. |
Members appointed by the Director shall be selected to |
represent the racial, ethnic, and geographic diversity of the |
|
State's population and shall include representatives of local |
health departments, other direct service providers, and |
faculty of the University of Illinois at Chicago School of |
Public Health Center of Excellence in Maternal and Child |
Health. |
Legislative members shall serve during their term of |
office in the General Assembly. Members appointed by the |
Director shall serve a term of 4 years or until their |
successors are appointed. |
Any member appointed to fill a vacancy occurring prior to |
the expiration of the term for which his or her predecessor was |
appointed shall be appointed for the remainder of such term. |
Members of the Board shall serve without compensation but |
shall be reimbursed for necessary expenses incurred in the |
performance of their duties. |
(b) The Board shall advise the Director on improving the |
well-being of mothers, fathers, infants, children, families, |
and adults, considering both physical and social determinants |
of health, and using a life-span approach to health promotion |
and disease prevention in the State of Illinois. In addition, |
the Board shall review and make recommendations to the |
Department and the Governor in regard to the system for |
maternal and child health programs, collaboration, and |
interrelation between and delivery of programs, both within |
the Department and with related programs in other departments. |
In performing its duties, the Board may hold hearings |
|
throughout the State and advise and receive advice from any |
local advisory bodies created to address maternal and child |
health. |
(c) The Board may offer recommendations and feedback |
regarding the development of the State's annual Maternal and |
Child Health Services Block Grant application and report as |
well as the periodic needs assessment. |
(Source: P.A. 99-901, eff. 8-26-16.)
|
ARTICLE 95. CHILD CARE ACT OF 1969 AMENDMENTS
|
(225 ILCS 10/2.11 rep.) |
Section 95-5. The Child Care Act of 1969 is amended by |
repealing Section 2.11.
|
Section 95-10. The Child Care Act of 1969 is amended by |
changing Sections 2.09, 3, 4, 4.1, 4.3, 4.4, 4.5, 5, 5.1, 5.2, |
5.8, 5.9, 5.10, 5.11, 6, 7, 7.2, 7.10, 8, 8.1, 8.2, 8.5, 9, |
9.1, 9.1c, 9.2, 10, 11, 11.1, 11.2, 12, 15, 16, 17, and 18 and |
by adding Sections 3.01, 4.01, 4.2a, 4.3a, 4.4a, 5.01, 5.1a, |
5.2a, 6.1, 7.01, 8a, 8.1a, 8.2a, 8.6, 9.01, 11.1a, 11.3, 12.1, |
15.1, 16.1, and 18.1 as follows:
|
(225 ILCS 10/2.09) (from Ch. 23, par. 2212.09) |
Sec. 2.09. "Day care center" means any child care facility |
which regularly provides day care for less than 24 hours per |
|
day for (1) more than 8 children in a family home, or (2) more |
than 3 children in a facility other than a family home, |
including senior citizen buildings. |
The term does not include: |
(a) programs operated by (i) public or private |
elementary school systems or secondary level school units |
or institutions of higher learning that serve children who |
shall have attained the age of 3 years or (ii) private |
entities on the grounds of public or private elementary or |
secondary schools and that serve children who have |
attained the age of 3 years, except that this exception |
applies only to the facility and not to the private |
entities' personnel operating the program; |
(b) programs or that portion of the program which |
serves children who shall have attained the age of 3 years |
and which are recognized by the State Board of Education; |
(c) educational program or programs serving children |
who shall have attained the age of 3 years and which are |
operated by a school which is registered with the State |
Board of Education and which is recognized or accredited |
by a recognized national or multistate educational |
organization or association which regularly recognizes or |
accredits schools; |
(d) programs which exclusively serve or that portion |
of the program which serves children with disabilities who |
shall have attained the age of 3 years but are less than 21 |
|
years of age and which are registered and approved as |
meeting standards of the State Board of Education and |
applicable fire marshal standards; |
(e) facilities operated in connection with a shopping |
center or service, religious services, or other similar |
facility, where transient children are cared for |
temporarily while parents or custodians of the children |
are occupied on the premises and readily available; |
(f) any type of day care center that is conducted on |
federal government premises; |
(g) special activities programs, including athletics, |
recreation, crafts instruction, and similar activities |
conducted on an organized and periodic basis by civic, |
charitable and governmental organizations, including, but |
not limited to, programs offered by park districts |
organized under the Park District Code to children who |
shall have attained the age of 3 years old if the program |
meets no more than 3.5 continuous hours at a time or less |
and no more than 25 hours during any week, and the park |
district conducts background investigations on employees |
of the program pursuant to Section 8-23 of the Park |
District Code; |
(h) part day child care facilities, as defined in |
Section 2.10 of this Act; |
(i) programs or that portion of the program which: |
(1) serves children who shall have attained the |
|
age of 3 years; |
(2) is operated by churches or religious |
institutions as described in Section 501(c)(3) of the |
federal Internal Revenue Code; |
(3) receives no governmental aid; |
(4) is operated as a component of a religious, |
nonprofit elementary school; |
(5) operates primarily to provide religious |
education; and |
(6) meets appropriate State or local health and |
fire safety standards; or |
(j) programs or portions of programs that: |
(1) serve only school-age children and youth |
(defined as full-time kindergarten children, as |
defined in 89 Ill. Adm. Code 407.45, or older); |
(2) are organized to promote childhood learning, |
child and youth development, educational or |
recreational activities, or character-building; |
(3) operate primarily during out-of-school time or |
at times when school is not normally in session; |
(4) comply with the standards of the Illinois |
Department of Public Health (77 Ill. Adm. Code 750) or |
the local health department, the Illinois State Fire |
Marshal (41 Ill. Adm. Code 100), and the following |
additional health and safety requirements: procedures |
for employee and volunteer emergency preparedness and |
|
practice drills; procedures to ensure that first aid |
kits are maintained and ready to use; the placement of |
a minimum level of liability insurance as determined |
by the Department; procedures for the availability of |
a working telephone that is onsite and accessible at |
all times; procedures to ensure that emergency phone |
numbers are posted onsite; and a restriction on |
handgun or weapon possession onsite, except if |
possessed by a peace officer; |
(5) perform and maintain authorization and results |
of criminal history checks through the Illinois State |
Police and FBI and checks of the Illinois Sex Offender |
Registry, the National Sex Offender Registry, and |
Child Abuse and Neglect Tracking System for employees |
and volunteers who work directly with children; |
(6) make hiring decisions in accordance with the |
prohibitions against barrier crimes as specified in |
Section 4.2 of this Act or in Section 21B-80 of the |
School Code; |
(7) provide parents with written disclosure that |
the operations of the program are not regulated by |
licensing requirements; and |
(8) obtain and maintain records showing the first |
and last name and date of birth of the child, name, |
address, and telephone number of each parent, |
emergency contact information, and written |
|
authorization for medical care. |
Programs or portions of programs requesting Child Care |
Assistance Program (CCAP) funding and otherwise meeting the |
requirements under item (j) shall request exemption from the |
Department and be determined exempt prior to receiving funding |
and must annually meet the eligibility requirements and be |
appropriate for payment under the CCAP. |
Programs or portions of programs under item (j) that do |
not receive State or federal funds must comply with staff |
qualification and training standards established by rule by |
the Department of Human Services. The Department of Human |
Services shall set such standards after review of Afterschool |
for Children and Teens Now (ACT Now) evidence-based quality |
standards developed for school-age out-of-school time |
programs, feedback from the school-age out-of-school time |
program professionals, and review of out-of-school time |
professional development frameworks and quality tools. |
Out-of-school time programs for school-age youth that |
receive State or federal funds must comply with only those |
staff qualifications and training standards set for the |
program by the State or federal entity issuing the funds. |
For purposes of items (a), (b), (c), (d), and (i) of this |
Section, "children who shall have attained the age of 3 years" |
shall mean children who are 3 years of age, but less than 4 |
years of age, at the time of enrollment in the program. |
(Source: P.A. 103-153, eff. 6-30-23.)
|
|
(225 ILCS 10/3) (from Ch. 23, par. 2213) |
Sec. 3. (a) No person, group of persons or corporation may |
operate or conduct any facility for child care, as defined in |
this Act, without a license or permit issued by the Department |
or without being approved by the Department as meeting the |
standards established for such licensing, with the exception |
of facilities for whom standards are established by the |
Department of Corrections under Section 3-15-2 of the Unified |
Code of Corrections and with the exception of facilities |
defined in Section 2.10 of this Act, and with the exception of |
programs or facilities licensed by the Department of Human |
Services under the Substance Use Disorder Act , and with the |
exception of day care centers, day care homes, and group day |
care homes . |
(b) (Blank) No part day child care facility as described |
in Section 2.10 may operate without written notification to |
the Department or without complying with Section 7.1. |
Notification shall include a notarized statement by the |
facility that the facility complies with state or local health |
standards and state fire safety standards, and shall be filed |
with the department every 2 years . |
(c) (Blank) The Director of the Department shall establish |
policies and coordinate activities relating to child care |
licensing, licensing of day care homes and day care centers . |
(d) Any facility or agency which is exempt from licensing |
|
may apply for licensing if licensing is required for some |
government benefit. |
(e) (Blank) A provider of day care described in items (a) |
through (j) of Section 2.09 of this Act is exempt from |
licensure. The Department shall provide written verification |
of exemption and description of compliance with standards for |
the health, safety, and development of the children who |
receive the services upon submission by the provider of, in |
addition to any other documentation required by the |
Department, a notarized statement that the facility complies |
with: (1) the standards of the Department of Public Health or |
local health department, (2) the fire safety standards of the |
State Fire Marshal, and (3) if operated in a public school |
building, the health and safety standards of the State Board |
of Education . |
(Source: P.A. 99-699, eff. 7-29-16; 100-759, eff. 1-1-19 .)
|
(225 ILCS 10/3.01 new) |
Sec. 3.01. License or permit; Department of Early |
Childhood. |
(a) No person, group of persons or corporation may operate |
or conduct any day care center, day care home, or group day |
care home without a license or permit issued by the Department |
of Early Childhood or without being approved by the Department |
of Early Childhood meeting the standards established for such |
licensing, with the exception of facilities for whom standards |
|
are established by the Department of Corrections under Section |
3-15-2 of the Unified Code of Corrections and with the |
exception of facilities defined in Section 2.10 of this Act, |
and with the exception of programs or facilities licensed by |
the Department of Human Services under the Substance Use |
Disorder Act. |
(b) No part day child care facility as described in |
Section 2.10 may operate without written notification to the |
Department of Early Childhood or without complying with |
Section 7.1. Notification shall include a notarized statement |
by the facility that the facility complies with state or local |
health standards and state fire safety standards, and shall be |
filed with the Department every 2 years. |
(c) The Secretary of Early Childhood shall establish |
policies and coordinate activities relating to licensing of |
day care centers, group day care homes, and day care homes. |
(d) Any facility or agency which is exempt from licensing |
may apply for licensing if licensing is required for some |
government benefit. |
(e) A provider of day care described in items (a) through |
(j) of Section 2.09 of this Act is exempt from licensure. The |
Department of Early Childhood shall provide written |
verification of exemption and description of compliance with |
standards for the health, safety, and development of the |
children who receive the services upon submission by the |
provider of, in addition to any other documentation required |
|
by the Department of Early Childhood, a notarized statement |
that the facility complies with: (1) the standards of the |
Department of Public Health or local health department, (2) |
the fire safety standards of the State Fire Marshal, and (3) if |
operated in a public school building, the health and safety |
standards of the State Board of Education.
|
(225 ILCS 10/4) (from Ch. 23, par. 2214) |
Sec. 4. License requirement; application; notice ; |
Department of Children and Family Services . |
(a) Any person, group of persons or corporation who or |
which receives children or arranges for care or placement of |
one or more children unrelated to the operator must apply for a |
license to operate one of the types of facilities defined in |
Sections 2.05 through 2.19 (other than a day care center or day |
care home) and in Section 2.22 of this Act. Any relative, as |
defined in Section 2.17 of this Act, who receives a child or |
children for placement by the Department on a full-time basis |
may apply for a license to operate a foster family home as |
defined in Section 2.17 of this Act. |
(a-5) Any agency, person, group of persons, association, |
organization, corporation, institution, center, or group |
providing adoption services must be licensed by the Department |
as a child welfare agency as defined in Section 2.08 of this |
Act. "Providing adoption services" as used in this Act, |
includes facilitating or engaging in adoption services. |
|
(b) Application for a license to operate a child care |
facility (other than a day care center, day care home, or group |
day care home) must be made to the Department in the manner and |
on forms prescribed by it. An application to operate a foster |
family home shall include, at a minimum: a completed written |
form; written authorization by the applicant and all adult |
members of the applicant's household to conduct a criminal |
background investigation; medical evidence in the form of a |
medical report, on forms prescribed by the Department, that |
the applicant and all members of the household are free from |
communicable diseases or physical and mental conditions that |
affect their ability to provide care for the child or |
children; the names and addresses of at least 3 persons not |
related to the applicant who can attest to the applicant's |
moral character; the name and address of at least one relative |
who can attest to the applicant's capability to care for the |
child or children; and fingerprints submitted by the applicant |
and all adult members of the applicant's household. |
(b-5) Prior to submitting an application for a foster |
family home license, a quality of care concerns applicant as |
defined in Section 2.22a of this Act must submit a preliminary |
application to the Department in the manner and on forms |
prescribed by it. The Department shall explain to the quality |
of care concerns applicant the grounds for requiring a |
preliminary application. The preliminary application shall |
include a list of (i) all children placed in the home by the |
|
Department who were removed by the Department for reasons |
other than returning to a parent and the circumstances under |
which they were removed and (ii) all children placed by the |
Department who were subsequently adopted by or placed in the |
private guardianship of the quality of care concerns applicant |
who are currently under 18 and who no longer reside in the home |
and the reasons why they no longer reside in the home. The |
preliminary application shall also include, if the quality of |
care concerns applicant chooses to submit, (1) a response to |
the quality of care concerns, including any reason the |
concerns are invalid, have been addressed or ameliorated, or |
no longer apply and (2) affirmative documentation |
demonstrating that the quality of care concerns applicant's |
home does not pose a risk to children and that the family will |
be able to meet the physical and emotional needs of children. |
The Department shall verify the information in the preliminary |
application and review (i) information regarding any prior |
licensing complaints, (ii) information regarding any prior |
child abuse or neglect investigations, (iii) information |
regarding any involuntary foster home holds placed on the home |
by the Department, and (iv) information regarding all child |
exit interviews, as provided in Section 5.26 of the Children |
and Family Services Act, regarding the home. Foster home |
applicants with quality of care concerns are presumed |
unsuitable for future licensure. |
Notwithstanding the provisions of this subsection (b-5), |
|
the Department may make an exception and issue a foster family |
license to a quality of care concerns applicant if the |
Department is satisfied that the foster family home does not |
pose a risk to children and that the foster family will be able |
to meet the physical and emotional needs of children. In |
making this determination, the Department must obtain and |
carefully review all relevant documents and shall obtain |
consultation from its Clinical Division as appropriate and as |
prescribed by Department rule and procedure. The Department |
has the authority to deny a preliminary application based on |
the record of quality of care concerns of the foster family |
home. In the alternative, the Department may (i) approve the |
preliminary application, (ii) approve the preliminary |
application subject to obtaining additional information or |
assessments, or (iii) approve the preliminary application for |
purposes of placing a particular child or children only in the |
foster family home. If the Department approves a preliminary |
application, the foster family shall submit an application for |
licensure as described in subsection (b) of this Section. The |
Department shall notify the quality of care concerns applicant |
of its decision and the basis for its decision in writing. |
(c) The Department shall notify the public when a child |
care institution, maternity center, or group home licensed by |
the Department undergoes a change in (i) the range of care or |
services offered at the facility, (ii) the age or type of |
children served, or (iii) the area within the facility used by |
|
children. The Department shall notify the public of the change |
in a newspaper of general circulation in the county or |
municipality in which the applicant's facility is or is |
proposed to be located. |
(d) If, upon examination of the facility and investigation |
of persons responsible for care of children and, in the case of |
a foster home, taking into account information obtained for |
purposes of evaluating a preliminary application, if |
applicable, the Department is satisfied that the facility and |
responsible persons reasonably meet standards prescribed for |
the type of facility for which application is made, it shall |
issue a license in proper form, designating on that license |
the type of child care facility and, except for a child welfare |
agency, the number of children to be served at any one time. |
(e) The Department shall not issue or renew the license of |
any child welfare agency providing adoption services, unless |
the agency (i) is officially recognized by the United States |
Internal Revenue Service as a tax-exempt organization |
described in Section 501(c)(3) of the Internal Revenue Code of |
1986 (or any successor provision of federal tax law) and (ii) |
is in compliance with all of the standards necessary to |
maintain its status as an organization described in Section |
501(c)(3) of the Internal Revenue Code of 1986 (or any |
successor provision of federal tax law). The Department shall |
grant a grace period of 24 months from the effective date of |
this amendatory Act of the 94th General Assembly for existing |
|
child welfare agencies providing adoption services to obtain |
501(c)(3) status. The Department shall permit an existing |
child welfare agency that converts from its current structure |
in order to be recognized as a 501(c)(3) organization as |
required by this Section to either retain its current license |
or transfer its current license to a newly formed entity, if |
the creation of a new entity is required in order to comply |
with this Section, provided that the child welfare agency |
demonstrates that it continues to meet all other licensing |
requirements and that the principal officers and directors and |
programs of the converted child welfare agency or newly |
organized child welfare agency are substantially the same as |
the original. The Department shall have the sole discretion to |
grant a one year extension to any agency unable to obtain |
501(c)(3) status within the timeframe specified in this |
subsection (e), provided that such agency has filed an |
application for 501(c)(3) status with the Internal Revenue |
Service within the 2-year timeframe specified in this |
subsection (e). |
(Source: P.A. 101-63, eff. 7-12-19; 102-763, eff. 1-1-23 .)
|
(225 ILCS 10/4.01 new) |
Sec. 4.01. License requirement; application; notice; |
Department of Early Childhood. |
(a) Any person, group of persons or corporation who or |
which receives children or arranges for care of one or more |
|
children unrelated to the operator must apply for a license to |
operate one of the types of facilities defined in Sections |
2.09, 2.18, and 2.20. |
(b) Application for a license to operate a day care |
center, day care home, or group day care home must be made to |
the Department of Early Childhood in the manner and on forms |
prescribed by it. |
(c) If, upon examination of the facility and investigation |
of persons responsible for care of children, the Department of |
Early Childhood is satisfied that the facility and responsible |
persons reasonably meet standards prescribed for the type of |
facility for which application is made, it shall issue a |
license in proper form, designating on that license the type |
of child care facility and the number of children to be served |
at any one time.
|
(225 ILCS 10/4.1) (from Ch. 23, par. 2214.1) |
Sec. 4.1. Criminal background investigations. The |
Department of Children and Family Services or the Department |
of Early Childhood shall require that each child care facility |
license applicant under the agencies' respective authority as |
part of the application process, and each employee and |
volunteer of a child care facility or non-licensed service |
provider, as a condition of employment, authorize an |
investigation to determine if such applicant, employee, or |
volunteer has ever been charged with a crime and if so, the |
|
disposition of those charges; this authorization shall |
indicate the scope of the inquiry and the agencies which may be |
contacted. Upon this authorization, the Director shall request |
and receive information and assistance from any federal, State |
or local governmental agency as part of the authorized |
investigation. Each applicant, employee, or volunteer of a |
child care facility or non-licensed service provider shall |
submit the applicant's, employee's, or volunteer's |
fingerprints to the Illinois State Police in the form and |
manner prescribed by the Illinois State Police. These |
fingerprints shall be checked against the fingerprint records |
now and hereafter filed in the Illinois State Police and |
Federal Bureau of Investigation criminal history records |
databases. The Illinois State Police shall charge a fee for |
conducting the criminal history records check, which shall be |
deposited in the State Police Services Fund and shall not |
exceed the actual cost of the records check. The Illinois |
State Police shall provide information concerning any criminal |
charges, and their disposition, now or hereafter filed, |
against an applicant, employee, or volunteer of a child care |
facility or non-licensed service provider upon request of the |
Department of Children and Family Services or the Department |
of Early Childhood when the request is made in the form and |
manner required by the Illinois State Police. |
Information concerning convictions of a license applicant, |
employee, or volunteer of a child care facility or |
|
non-licensed service provider investigated under this Section, |
including the source of the information and any conclusions or |
recommendations derived from the information, shall be |
provided, upon request, to such applicant, employee, or |
volunteer of a child care facility or non-licensed service |
provider prior to final action by the Department of Children |
and Family Services or the Department of Early Childhood under |
the agencies' respective authority on the application. State |
conviction information provided by the Illinois State Police |
regarding employees, prospective employees, or volunteers of |
non-licensed service providers and child care facilities |
licensed under this Act shall be provided to the operator of |
such facility, and, upon request, to the employee, prospective |
employee, or volunteer of a child care facility or |
non-licensed service provider. Any information concerning |
criminal charges and the disposition of such charges obtained |
by the Department of Children and Family Services or the |
Department of Early Childhood shall be confidential and may |
not be transmitted outside the Department of Children and |
Family Services or the Department of Early Childhood , except |
as required herein, and may not be transmitted to anyone |
within the Department of Children and Family Services or the |
Department of Early Childhood except as needed for the purpose |
of evaluating an application or an employee or volunteer of a |
child care facility or non-licensed service provider. Only |
information and standards which bear a reasonable and rational |
|
relation to the performance of a child care facility shall be |
used by the Department of Children and Family Services or the |
Department of Early Childhood or any licensee. Any employee of |
the Department of Children and Family Services, Department of |
Early Childhood, Illinois State Police, or a child care |
facility receiving confidential information under this Section |
who gives or causes to be given any confidential information |
concerning any criminal convictions of an applicant, employee, |
or volunteer of a child care facility or non-licensed service |
provider, shall be guilty of a Class A misdemeanor unless |
release of such information is authorized by this Section. |
A child care facility may hire, on a probationary basis, |
any employee or volunteer of a child care facility or |
non-licensed service provider authorizing a criminal |
background investigation under this Section, pending the |
result of such investigation. Employees and volunteers of a |
child care facility or non-licensed service provider shall be |
notified prior to hiring that such employment may be |
terminated on the basis of criminal background information |
obtained by the facility. |
(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23.)
|
(225 ILCS 10/4.2a new) |
Sec. 4.2a. License eligibility; Department of Early |
Childhood. |
(a) No applicant may receive a license from the Department |
|
of Early Childhood and no person may be employed by a licensed |
child care facility who refuses to authorize an investigation |
as required by Section 4.1. |
(b) In addition to the other provisions of this Section, |
no applicant may receive a license from the Department of |
Early Childhood and no person may be employed by a child care |
facility licensed by the Department of Early Childhood who has |
been declared a sexually dangerous person under the Sexually |
Dangerous Persons Act, or convicted of committing or |
attempting to commit any of the following offenses stipulated |
under the Criminal Code of 1961 or the Criminal Code of 2012: |
(1) murder; |
(1.1) solicitation of murder; |
(1.2) solicitation of murder for hire; |
(1.3) intentional homicide of an unborn child; |
(1.4) voluntary manslaughter of an unborn child; |
(1.5) involuntary manslaughter; |
(1.6) reckless homicide; |
(1.7) concealment of a homicidal death; |
(1.8) involuntary manslaughter of an unborn child; |
(1.9) reckless homicide of an unborn child; |
(1.10) drug-induced homicide; |
(2) a sex offense under Article 11, except offenses |
described in Sections 11-7, 11-8, 11-12, 11-13, 11-35, |
11-40, and 11-45; |
(3) kidnapping; |
|
(3.1) aggravated unlawful restraint; |
(3.2) forcible detention; |
(3.3) harboring a runaway; |
(3.4) aiding and abetting child abduction; |
(4) aggravated kidnapping; |
(5) child abduction; |
(6) aggravated battery of a child as described in |
Section 12-4.3 or subdivision (b)(1) of Section 12-3.05; |
(7) criminal sexual assault; |
(8) aggravated criminal sexual assault; |
(8.1) predatory criminal sexual assault of a child; |
(9) criminal sexual abuse; |
(10) aggravated sexual abuse; |
(11) heinous battery as described in Section 12-4.1 or |
subdivision (a)(2) of Section 12-3.05; |
(12) aggravated battery with a firearm as described in |
Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or |
(e)(4) of Section 12-3.05; |
(13) tampering with food, drugs, or cosmetics; |
(14) drug induced infliction of great bodily harm as |
described in Section 12-4.7 or subdivision (g)(1) of |
Section 12-3.05; |
(15) hate crime; |
(16) stalking; |
(17) aggravated stalking; |
(18) threatening public officials; |
|
(19) home invasion; |
(20) vehicular invasion; |
(21) criminal transmission of HIV; |
(22) criminal abuse or neglect of an elderly person or |
person with a disability as described in Section 12-21 or |
subsection (e) of Section 12-4.4a; |
(23) child abandonment; |
(24) endangering the life or health of a child; |
(25) ritual mutilation; |
(26) ritualized abuse of a child; |
(27) an offense in any other jurisdiction the elements |
of which are similar and bear a substantial relationship |
to any of the foregoing offenses. |
(b-1) In addition to the other provisions of this Section, |
beginning January 1, 2004, no new applicant and, on the date of |
licensure renewal, no current licensee may operate or receive |
a license from the Department of Early Childhood to operate, |
no person may be employed by, and no adult person may reside in |
a child care facility licensed by the Department of Early |
Childhood who has been convicted of committing or attempting |
to commit any of the following offenses or an offense in any |
other jurisdiction the elements of which are similar and bear |
a substantial relationship to any of the following offenses:
|
(I) BODILY HARM |
(1) Felony aggravated assault. |
|
(2) Vehicular endangerment. |
(3) Felony domestic battery. |
(4) Aggravated battery. |
(5) Heinous battery. |
(6) Aggravated battery with a firearm. |
(7) Aggravated battery of an unborn child. |
(8) Aggravated battery of a senior citizen. |
(9) Intimidation. |
(10) Compelling organization membership of persons. |
(11) Abuse and criminal neglect of a long term care |
facility resident. |
(12) Felony violation of an order of protection.
|
(II) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY |
(1) Felony unlawful use of weapons. |
(2) Aggravated discharge of a firearm. |
(3) Reckless discharge of a firearm. |
(4) Unlawful use of metal piercing bullets. |
(5) Unlawful sale or delivery of firearms on the |
premises of any school. |
(6) Disarming a police officer. |
(7) Obstructing justice. |
(8) Concealing or aiding a fugitive. |
(9) Armed violence. |
(10) Felony contributing to the criminal delinquency |
of a juvenile.
|
|
(III) DRUG OFFENSES |
(1) Possession of more than 30 grams of cannabis. |
(2) Manufacture of more than 10 grams of cannabis. |
(3) Cannabis trafficking. |
(4) Delivery of cannabis on school grounds. |
(5) Unauthorized production of more than 5 cannabis |
sativa plants. |
(6) Calculated criminal cannabis conspiracy. |
(7) Unauthorized manufacture or delivery of controlled |
substances. |
(8) Controlled substance trafficking. |
(9) Manufacture, distribution, or advertisement of |
look-alike substances. |
(10) Calculated criminal drug conspiracy. |
(11) Street gang criminal drug conspiracy. |
(12) Permitting unlawful use of a building. |
(13) Delivery of controlled, counterfeit, or |
look-alike substances to persons under age 18, or at truck |
stops, rest stops, or safety rest areas, or on school |
property. |
(14) Using, engaging, or employing persons under 18 to |
deliver controlled, counterfeit, or look-alike substances. |
(15) Delivery of controlled substances. |
(16) Sale or delivery of drug paraphernalia. |
(17) Felony possession, sale, or exchange of |
|
instruments adapted for use of a controlled substance, |
methamphetamine, or cannabis by subcutaneous injection. |
(18) Felony possession of a controlled substance. |
(19) Any violation of the Methamphetamine Control and |
Community Protection Act. |
(b-1.5) In addition to any other provision of this |
Section, for applicants with access to confidential financial |
information or who submit documentation to support billing, |
the Department of Early Childhood may, in its discretion, deny |
or refuse to renew a license to an applicant who has been |
convicted of committing or attempting to commit any of the |
following felony offenses: |
(1) financial institution fraud under Section 17-10.6 |
of the Criminal Code of 1961 or the Criminal Code of 2012; |
(2) identity theft under Section 16-30 of the Criminal |
Code of 1961 or the Criminal Code of 2012; |
(3) financial exploitation of an elderly person or a |
person with a disability under Section 17-56 of the |
Criminal Code of 1961 or the Criminal Code of 2012; |
(4) computer tampering under Section 17-51 of the |
Criminal Code of 1961 or the Criminal Code of 2012; |
(5) aggravated computer tampering under Section 17-52 |
of the Criminal Code of 1961 or the Criminal Code of 2012; |
(6) computer fraud under Section 17-50 of the Criminal |
Code of 1961 or the Criminal Code of 2012; |
(7) deceptive practices under Section 17-1 of the |
|
Criminal Code of 1961 or the Criminal Code of 2012; |
(8) forgery under Section 17-3 of the Criminal Code of |
1961 or the Criminal Code of 2012; |
(9) State benefits fraud under Section 17-6 of the |
Criminal Code of 1961 or the Criminal Code of 2012; |
(10) mail fraud and wire fraud under Section 17-24 of |
the Criminal Code of 1961 or the Criminal Code of 2012; |
(11) theft under paragraphs (1.1) through (11) of |
subsection (b) of Section 16-1 of the Criminal Code of |
1961 or the Criminal Code of 2012. |
(b-2) Notwithstanding subsection (b-1), the Department of |
Early Childhood may make an exception and, for a day care |
center, day care home, or group day care home, issue a new |
child care facility license to or renew the existing child |
care facility license of an applicant, a person employed by a |
child care facility, or an applicant who has an adult residing |
in a home child care facility who was convicted of an offense |
described in subsection (b-1), provided that all of the |
following requirements are met: |
(1) The relevant criminal offense occurred more than 5 |
years prior to the date of application or renewal, except |
for drug offenses. The relevant drug offense must have |
occurred more than 10 years prior to the date of |
application or renewal, unless the applicant passed a drug |
test, arranged and paid for by the child care facility, no |
less than 5 years after the offense. |
|
(2) The Department of Early Childhood must conduct a |
background check and assess all convictions and |
recommendations of the child care facility to determine if |
hiring or licensing the applicant is in accordance with |
Department of Early Childhood administrative rules and |
procedures. |
(3) The applicant meets all other requirements and |
qualifications to be licensed as the pertinent type of |
child care facility under this Act and the Department of |
Early Childhood administrative rules. |
(c) In evaluating the exception pursuant to subsection |
(b-2), the Department of Early Childhood must carefully review |
any relevant documents to determine whether the applicant, |
despite the disqualifying convictions, poses a substantial |
risk to State resources or clients. In making such a |
determination, the following guidelines shall be used: |
(1) the age of the applicant when the offense was |
committed; |
(2) the circumstances surrounding the offense; |
(3) the length of time since the conviction; |
(4) the specific duties and responsibilities |
necessarily related to the license being applied for and |
the bearing, if any, that the applicant's conviction |
history may have on the applicant's fitness to perform |
these duties and responsibilities; |
(5) the applicant's employment references; |
|
(6) the applicant's character references and any |
certificates of achievement; |
(7) an academic transcript showing educational |
attainment since the disqualifying conviction; |
(8) a Certificate of Relief from Disabilities or |
Certificate of Good Conduct; and |
(9) anything else that speaks to the applicant's |
character.
|
(225 ILCS 10/4.3) (from Ch. 23, par. 2214.3) |
Sec. 4.3. Child Abuse and Neglect Reports. All child care |
facility license applicants (other than a day care center, day |
care home, or group day care home) and all current and |
prospective employees of a child care facility (other than a |
day care center, day care home, or group day care home) who |
have any possible contact with children in the course of their |
duties, as a condition of such licensure or employment, shall |
authorize in writing on a form prescribed by the Department an |
investigation of the Central Register, as defined in the |
Abused and Neglected Child Reporting Act, to ascertain if such |
applicant or employee has been determined to be a perpetrator |
in an indicated report of child abuse or neglect. |
All child care facilities (other than a day care center, |
day care home, or group day care home) as a condition of |
licensure pursuant to this Act shall maintain such information |
which demonstrates that all current employees and other |
|
applicants for employment who have any possible contact with |
children in the course of their duties have authorized an |
investigation of the Central Register as hereinabove required. |
Only those current or prospective employees who will have no |
possible contact with children as part of their present or |
prospective employment may be excluded from provisions |
requiring authorization of an investigation. |
Such information concerning a license applicant, employee |
or prospective employee obtained by the Department shall be |
confidential and exempt from public inspection and copying as |
provided under Section 7 of The Freedom of Information Act, |
and such information shall not be transmitted outside the |
Department, except as provided in the Abused and Neglected |
Child Reporting Act, and shall not be transmitted to anyone |
within the Department except as provided in the Abused and |
Neglected Child Reporting Act, and shall not be transmitted to |
anyone within the Department except as needed for the purposes |
of evaluation of an application for licensure or for |
consideration by a child care facility of an employee. Any |
employee of the Department of Children and Family Services |
under this Section who gives or causes to be given any |
confidential information concerning any child abuse or neglect |
reports about a child care facility applicant, child care |
facility employee, shall be guilty of a Class A misdemeanor, |
unless release of such information is authorized by Section |
11.1 of the Abused and Neglected Child Reporting Act. |
|
Additionally, any licensee who is informed by the |
Department of Children and Family Services, pursuant to |
Section 7.4 of the Abused and Neglected Child Reporting Act, |
approved June 26, 1975, as amended, that a formal |
investigation has commenced relating to an employee of the |
child care facility or any other person in frequent contact |
with children at the facility, shall take reasonable action |
necessary to insure that the employee or other person is |
restricted during the pendency of the investigation from |
contact with children whose care has been entrusted to the |
facility. |
When a foster family home is the subject of an indicated |
report under the Abused and Neglected Child Reporting Act, the |
Department of Children and Family Services must immediately |
conduct a re-examination of the foster family home to evaluate |
whether it continues to meet the minimum standards for |
licensure. The re-examination is separate and apart from the |
formal investigation of the report. The Department must |
establish a schedule for re-examination of the foster family |
home mentioned in the report at least once a year. |
(Source: P.A. 91-557, eff. 1-1-00.)
|
(225 ILCS 10/4.3a new) |
Sec. 4.3a. Child Abuse and Neglect Reports; Department of |
Early Childhood. All child care facility license applicants |
and all current and prospective employees of a day care |
|
center, day care home, or group day care home who have any |
possible contact with children in the course of their duties, |
as a condition of such licensure or employment, shall |
authorize in writing on a form prescribed by the Department of |
Early Childhood an investigation of the Central Register, as |
defined in the Abused and Neglected Child Reporting Act, to |
ascertain if such applicant or employee has been determined to |
be a perpetrator in an indicated report of child abuse or |
neglect. All child care facilities as a condition of licensure |
pursuant to this Act shall maintain such information which |
demonstrates that all current employees and other applicants |
for employment who have any possible contact with children in |
the course of their duties have authorized an investigation of |
the Central Register as hereinabove required. Only those |
current or prospective employees who will have no possible |
contact with children as part of their present or prospective |
employment may be excluded from provisions requiring |
authorization of an investigation. Such information concerning |
a license applicant, employee or prospective employee obtained |
by the Department of Early Childhood shall be confidential and |
exempt from public inspection and copying as provided under |
Section 7 of The Freedom of Information Act, and such |
information shall not be transmitted outside the Department of |
Early Childhood, except as provided in the Abused and |
Neglected Child Reporting Act, and shall not be transmitted to |
anyone within the Department of Early Childhood except as |
|
provided in the Abused and Neglected Child Reporting Act, and |
shall not be transmitted to anyone within the Department of |
Early Childhood except as needed for the purposes of |
evaluation of an application for licensure or for |
consideration by a child care facility of an employee. Any |
employee of the Department of Early Childhood under this |
Section who gives or causes to be given any confidential |
information concerning any child abuse or neglect reports |
about a child care facility applicant or child care facility |
employee shall be guilty of a Class A misdemeanor, unless |
release of such information is authorized by Section 11.1 of |
the Abused and Neglected Child Reporting Act. Additionally, |
any licensee who is informed by the Department of Children and |
Family Services, pursuant to Section 7.4 of the Abused and |
Neglected Child Reporting Act that a formal investigation has |
commenced relating to an employee of the child care facility |
or any other person in frequent contact with children at the |
facility shall take reasonable action necessary to ensure that |
the employee or other person is restricted during the pendency |
of the investigation from contact with children whose care has |
been entrusted to the facility.
|
(225 ILCS 10/4.4) (from Ch. 23, par. 2214.4) |
Sec. 4.4. This Section does not apply to any day care |
center, day care home, or group day care home. For the purposes |
of background investigations authorized in this Act, "license |
|
applicant" means the operator or person with direct |
responsibility for daily operation of the facility to be |
licensed. In the case of facilities to be operated in a family |
home, the Department may, by rule, require that other adult |
residents of that home also authorize such investigations with |
the exception of day care homes and group day care homes . |
(Source: P.A. 84-158.)
|
(225 ILCS 10/4.4a new) |
Sec. 4.4a. Background investigations; Department of Early |
Childhood. For the purposes of background investigations |
authorized in this Act, "license applicant" means the operator |
or person with direct responsibility for daily operation of |
the day care center, day care home, or group day care home to |
be licensed. In the case of facilities to be operated in a |
family home, as related to day care homes and group day care |
homes, the Department of Early Childhood may, by rule, require |
that other adult residents of that home also authorize such |
investigations.
|
(225 ILCS 10/4.5) |
Sec. 4.5. Children with disabilities; training. |
(a) An owner or operator of a licensed day care home or |
group day care home or the onsite executive director of a |
licensed day care center must successfully complete a basic |
training course in providing care to children with |
|
disabilities. The basic training course will also be made |
available on a voluntary basis to those providers who are |
exempt from the licensure requirements of this Act. |
(b) The Department of Early Childhood Children and Family |
Services shall promulgate rules establishing the requirements |
for basic training in providing care to children with |
disabilities. |
(Source: P.A. 92-164, eff. 1-1-02.)
|
(225 ILCS 10/5) (from Ch. 23, par. 2215) |
Sec. 5. (a) This Section does not apply to any day care |
center, day care home, or group day care home. |
In respect to child care institutions, maternity centers, |
child welfare agencies, day care centers, day care agencies |
and group homes, the Department, upon receiving application |
filed in proper order, shall examine the facilities and |
persons responsible for care of children therein. |
(b) In respect to foster family and day care homes, |
applications may be filed on behalf of such homes by a licensed |
child welfare agency, by a State agency authorized to place |
children in foster care or by out-of-State agencies approved |
by the Department to place children in this State. In respect |
to day care homes, applications may be filed on behalf of such |
homes by a licensed day care agency or licensed child welfare |
agency. In applying for license in behalf of a home in which |
children are placed by and remain under supervision of the |
|
applicant agency, such agency shall certify that the home and |
persons responsible for care of unrelated children therein, or |
the home and relatives, as defined in Section 2.17 of this Act, |
responsible for the care of related children therein, were |
found to be in reasonable compliance with standards prescribed |
by the Department for the type of care indicated. |
(c) The Department shall not allow any person to examine |
facilities under a provision of this Act who has not passed an |
examination demonstrating that such person is familiar with |
this Act and with the appropriate standards and regulations of |
the Department. |
(d) Licenses With the exception of day care centers, day |
care homes, and group day care homes, licenses shall be issued |
in such form and manner as prescribed by the Department and are |
valid for 4 years from the date issued, unless revoked by the |
Department or voluntarily surrendered by the licensee. |
Licenses issued for day care centers, day care homes, and |
group day care homes shall be valid for 3 years from the date |
issued, unless revoked by the Department or voluntarily |
surrendered by the licensee. When a licensee has made timely |
and sufficient application for the renewal of a license or a |
new license with reference to any activity of a continuing |
nature, the existing license shall continue in full force and |
effect for up to 30 days until the final agency decision on the |
application has been made. The Department may further extend |
the period in which such decision must be made in individual |
|
cases for up to 30 days, but such extensions shall be only upon |
good cause shown. |
(e) The Department may issue one 6-month permit to a newly |
established facility for child care to allow that facility |
reasonable time to become eligible for a full license. If the |
facility for child care is a foster family home, or day care |
home the Department may issue one 2-month permit only. |
(f) The Department may issue an emergency permit to a |
child care facility taking in children as a result of the |
temporary closure for more than 2 weeks of a licensed child |
care facility due to a natural disaster. An emergency permit |
under this subsection shall be issued to a facility only if the |
persons providing child care services at the facility were |
employees of the temporarily closed facility day care center |
at the time it was closed. No investigation of an employee of a |
child care facility receiving an emergency permit under this |
subsection shall be required if that employee has previously |
been investigated at another child care facility. No emergency |
permit issued under this subsection shall be valid for more |
than 90 days after the date of issuance. |
(g) During the hours of operation of any licensed child |
care facility, authorized representatives of the Department |
may without notice visit the facility for the purpose of |
determining its continuing compliance with this Act or |
regulations adopted pursuant thereto. |
(h) (Blank) Day care centers, day care homes, and group |
|
day care homes shall be monitored at least annually by a |
licensing representative from the Department or the agency |
that recommended licensure . |
(Source: P.A. 98-804, eff. 1-1-15 .)
|
(225 ILCS 10/5.01 new) |
Sec. 5.01. Licenses; permits; Department of Early |
Childhood. In respect to day care centers, the Department of |
Early Childhood, upon receiving application filed in proper |
order, shall examine the facilities and persons responsible |
for care of children therein. |
(b) In respect to day care homes, applications may be |
filed on behalf of such homes by the Department of Early |
Childhood. |
(c) The Department of Early Childhood shall not allow any |
person to examine facilities under a provision of this Act who |
has not passed an examination demonstrating that such person |
is familiar with this Act and with the appropriate standards |
and regulations of the Department of Early Childhood. |
(d) Licenses issued for day care centers, day care homes, |
and group day care homes shall be valid for 3 years from the |
date issued, unless revoked by the Department of Early |
Childhood or voluntarily surrendered by the licensee. When a |
licensee has made timely and sufficient application for the |
renewal of a license or a new license with reference to any |
activity of a continuing nature, the existing license shall |
|
continue in full force and effect for up to 30 days until the |
final agency decision on the application has been made. The |
Department of Early Childhood may further extend the period in |
which such decision must be made in individual cases for up to |
30 days, but such extensions shall be only upon good cause |
shown. |
(e) The Department of Early Childhood may issue one |
6-month permit to a newly established facility for child care |
to allow that facility reasonable time to become eligible for |
a full license. If the facility for child care is a day care |
home the Department of Early Childhood may issue one 2-month |
permit only. |
(f) The Department of Early Childhood may issue an |
emergency permit to a day care center taking in children as a |
result of the temporary closure for more than 2 weeks of a |
licensed child care facility due to a natural disaster. An |
emergency permit under this subsection shall be issued to a |
facility only if the persons providing child care services at |
the facility were employees of the temporarily closed day care |
center at the time it was closed. No investigation of an |
employee of a child care facility receiving an emergency |
permit under this subsection shall be required if that |
employee has previously been investigated at another child |
care facility. No emergency permit issued under this |
subsection shall be valid for more than 90 days after the date |
of issuance. |
|
(g) During the hours of operation of any licensed day care |
center, day care home, or group day care home, authorized |
representatives of the Department of Early Childhood may |
without notice visit the facility for the purpose of |
determining its continuing compliance with this Act or rules |
adopted pursuant thereto. |
(h) Day care centers, day care homes, and group day care |
homes shall be monitored at least annually by a licensing |
representative from the Department of Early Childhood that |
recommended licensure.
|
(225 ILCS 10/5.1) (from Ch. 23, par. 2215.1) |
Sec. 5.1. (a) The Department shall ensure that no day care |
center, group home or child care institution as defined in |
this Act shall on a regular basis transport a child or children |
with any motor vehicle unless such vehicle is operated by a |
person who complies with the following requirements: |
1. is 21 years of age or older; |
2. currently holds a valid driver's license, which has |
not been revoked or suspended for one or more traffic |
violations during the 3 years immediately prior to the |
date of application; |
3. demonstrates physical fitness to operate vehicles |
by submitting the results of a medical examination |
conducted by a licensed physician; |
4. has not been convicted of more than 2 offenses |
|
against traffic regulations governing the movement of |
vehicles within a 12-month twelve month period; |
5. has not been convicted of reckless driving or |
driving under the influence or manslaughter or reckless |
homicide resulting from the operation of a motor vehicle |
within the past 3 years; |
6. has signed and submitted a written statement |
certifying that the person has not, through the unlawful |
operation of a motor vehicle, caused a crash which |
resulted in the death of any person within the 5 years |
immediately prior to the date of application. |
However, such day care centers, group homes and child care |
institutions may provide for transportation of a child or |
children for special outings, functions , or purposes that are |
not scheduled on a regular basis without verification that |
drivers for such purposes meet the requirements of this |
Section. |
(a-5) As a means of ensuring compliance with the |
requirements set forth in subsection (a), the Department shall |
implement appropriate measures to verify that every individual |
who is employed at a group home or child care institution meets |
those requirements. |
For every person employed at a group home or child care |
institution who regularly transports children in the course of |
performing the person's duties, the Department must make the |
verification every 2 years. Upon the Department's request, the |
|
Secretary of State shall provide the Department with the |
information necessary to enable the Department to make the |
verifications required under subsection (a). |
In the case of an individual employed at a group home or |
child care institution who becomes subject to subsection (a) |
for the first time after January 1, 2007 ( the effective date of |
Public Act 94-943) this amendatory Act of the 94th General |
Assembly , the Department must make that verification with the |
Secretary of State before the individual operates a motor |
vehicle to transport a child or children under the |
circumstances described in subsection (a). |
In the case of an individual employed at a group home or |
child care institution who is subject to subsection (a) on |
January 1, 2007 ( the effective date of Public Act 94-943) this |
amendatory Act of the 94th General Assembly , the Department |
must make that verification with the Secretary of State within |
30 days after January 1, 2007 that effective date . |
If the Department discovers that an individual fails to |
meet the requirements set forth in subsection (a), the |
Department shall promptly notify the appropriate group home or |
child care institution. |
(b) Any individual who holds a valid Illinois school bus |
driver permit issued by the Secretary of State pursuant to the |
The Illinois Vehicle Code, and who is currently employed by a |
school district or parochial school, or by a contractor with a |
school district or parochial school, to drive a school bus |
|
transporting children to and from school, shall be deemed in |
compliance with the requirements of subsection (a). |
(c) The Department may, pursuant to Section 8 of this Act, |
revoke the license of any day care center, group home or child |
care institution that fails to meet the requirements of this |
Section. |
(d) A group home or child care institution that fails to |
meet the requirements of this Section is guilty of a petty |
offense and is subject to a fine of not more than $1,000. Each |
day that a group home or child care institution fails to meet |
the requirements of this Section is a separate offense. |
(Source: P.A. 102-982, eff. 7-1-23; 103-22, eff. 8-8-23; |
revised 9-21-23.)
|
(225 ILCS 10/5.1a new) |
Sec. 5.1a. Transportation of children; day care centers. |
The Department of Early Childhood shall ensure that no day |
care center shall on a regular basis transport a child or |
children with any motor vehicle unless such vehicle is |
operated by a person who complies with the following |
requirements: |
(1) is 21 years of age or older; |
(2) currently holds a valid driver's license, which |
has not been revoked or suspended for one or more traffic |
violations during the 3 years immediately prior to the |
date of application; |
|
(3) demonstrates physical fitness to operate vehicles |
by submitting the results of a medical examination |
conducted by a licensed physician; |
(4) has not been convicted of more than 2 offenses |
against traffic regulations governing the movement of |
vehicles within a 12-month period; |
(5) has not been convicted of reckless driving or |
driving under the influence or manslaughter or reckless |
homicide resulting from the operation of a motor vehicle |
within the past 3 years; |
(6) has signed and submitted a written statement |
certifying that the person has not, through the unlawful |
operation of a motor vehicle, caused a crash which |
resulted in the death of any person within the 5 years |
immediately prior to the date of application. |
However, such day care centers may provide for |
transportation of a child or children for special outings, |
functions or purposes that are not scheduled on a regular |
basis without verification that drivers for such purposes meet |
the requirements of this Section. |
(b) Any individual who holds a valid Illinois school bus |
driver permit issued by the Secretary of State pursuant to the |
Illinois Vehicle Code, and who is currently employed by a |
school district or parochial school, or by a contractor with a |
school district or parochial school, to drive a school bus |
transporting children to and from school, shall be deemed in |
|
compliance with the requirements of subsection (a). |
(c) The Department of Early Childhood may, pursuant to |
Section 8a of this Act, revoke the license of any day care |
center that fails to meet the requirements of this Section.
|
(225 ILCS 10/5.2) |
Sec. 5.2. Unsafe children's products ; Department of |
Children and Family Services . |
(a) A child care facility may not use or have on the |
premises, on or after July 1, 2000, an unsafe children's |
product as described in Section 15 of the Children's Product |
Safety Act. This subsection (a) does not apply to an antique or |
collectible children's product if it is not used by, or |
accessible to, any child in the child care facility. |
(b) The Department of Children and Family Services shall |
notify child care facilities (other than a day care center, |
day care home, or group day care home) , on an ongoing basis, |
including during the license application facility examination |
and during annual license monitoring visits, of the provisions |
of this Section and the Children's Product Safety Act and of |
the comprehensive list of unsafe children's products as |
provided and maintained by the Department of Public Health |
available on the Internet, as determined in accordance with |
that Act, in plain, non-technical language that will enable |
each child care facility to effectively inspect children's |
products and identify unsafe children's products. Subject to |
|
availability of appropriations, the Department of Children and |
Family Services, in accordance with the requirements of this |
Section, shall establish and maintain a database on the safety |
of consumer products and other products or substances |
regulated by the Department that is: (i) publicly available; |
(ii) searchable; and (iii) accessible through the Internet |
website of the Department. Child care facilities must maintain |
all written information provided pursuant to this subsection |
in a file accessible to both facility staff and parents of |
children attending the facility. Child care facilities must |
post in prominent locations regularly visited by parents |
written notification of the existence of the comprehensive |
list of unsafe children's products available on the Internet. |
The Department of Children and Family Services shall adopt |
rules to carry out this Section. |
(Source: P.A. 103-44, eff. 1-1-24 .)
|
(225 ILCS 10/5.2a new) |
Sec. 5.2a. Unsafe children's products; Department of Early |
Childhood. |
(a) A day care center, day care home, or group day care |
home may not use or have on the premises an unsafe children's |
product as described in Section 15 of the Children's Product |
Safety Act. This subsection (a) does not apply to an antique or |
collectible children's product if it is not used by, or |
accessible to, any child in the day care center, day care home, |
|
or group day care home. |
(b) The Department of Early Childhood shall notify day |
care centers, day care homes, and group day care homes, on an |
ongoing basis, including during the license application |
facility examination and during annual license monitoring |
visits, of the provisions of this Section and the Children's |
Product Safety Act and of the comprehensive list of unsafe |
children's products as provided and maintained by the |
Department of Public Health available on the Internet, as |
determined in accordance with that Act, in plain, |
non-technical language that will enable each child care |
facility to effectively inspect children's products and |
identify unsafe children's products. Subject to availability |
of appropriations, the Department of Early Childhood, in |
accordance with the requirements of this Section, shall |
establish and maintain a database on the safety of consumer |
products and other products or substances regulated by the |
Department of Early Childhood that is: (i) publicly available; |
(ii) searchable; and (iii) accessible through the Internet |
website of the Department of Early Childhood. Child care |
facilities must maintain all written information provided |
pursuant to this subsection in a file accessible to both |
facility staff and parents of children attending the facility. |
Day care centers, day care homes, and group day care homes must |
post in prominent locations regularly visited by parents |
written notification of the existence of the comprehensive |
|
list of unsafe children's products available on the Internet. |
The Department of Early Childhood shall adopt rules to carry |
out this Section.
|
(225 ILCS 10/5.8) |
Sec. 5.8. Radon testing of licensed day care centers, |
licensed day care homes, and licensed group day care homes. |
(a) Licensed Effective January 1, 2013, licensed day care |
centers, licensed day care homes, and licensed group day care |
homes shall have the facility tested for radon at least once |
every 3 years pursuant to rules established by the Illinois |
Emergency Management Agency. |
(b) As Effective January 1, 2014, as part of an initial |
application or application for renewal of a license for day |
care centers, day care homes, and group day care homes, the |
Department of Early Childhood shall require proof the facility |
has been tested within the last 3 years for radon pursuant to |
rules established by the Illinois Emergency Management Agency. |
(c) The report of the most current radon measurement shall |
be posted in the facility next to the license issued by the |
Department of Early Childhood . Copies of the report shall be |
provided to parents or guardians upon request. |
(d) Included with the report referenced in subsection (c) |
shall be the following statement: |
"Every parent or guardian is notified that this |
facility has performed radon measurements to ensure the |
|
health and safety of the occupants. The Illinois Emergency |
Management Agency (IEMA) recommends that all residential |
homes be tested and that corrective actions be taken at |
levels equal to or greater than 4.0 pCi/L. Radon is a Class |
A human carcinogen, the leading cause of lung cancer in |
non-smokers, and the second leading cause of lung cancer |
overall. For additional information about this facility |
contact the licensee and for additional information |
regarding radon contact the IEMA Radon Program at |
800-325-1245 or on the Internet at |
www.radon.illinois.gov.". |
(Source: P.A. 97-981, eff. 1-1-13.)
|
(225 ILCS 10/5.9) |
Sec. 5.9. Lead testing of water in licensed day care |
centers, day care homes and group day care homes. |
(a) The On or before January 1, 2018, the Department of |
Early Childhood , in consultation with the Department of Public |
Health, shall adopt rules that prescribe the procedures and |
standards to be used by the Department of Early Childhood in |
assessing levels of lead in water in licensed day care |
centers, day care homes, and group day care homes constructed |
on or before January 1, 2000 that serve children under the age |
of 6. Such rules shall, at a minimum, include provisions |
regarding testing parameters, the notification of sampling |
results, training requirements for lead exposure and |
|
mitigation. |
(b) After adoption of the rules required by subsection |
(a), and as part of an initial application or application for |
renewal of a license for day care centers, day care homes, and |
group day care homes, the Department shall require proof that |
the applicant has complied with all such rules. |
(Source: P.A. 99-922, eff. 1-17-17.)
|
(225 ILCS 10/5.10) |
Sec. 5.10. Child care limitation on expulsions. Consistent |
with the purposes of Public Act 100-105 this amendatory Act of |
the 100th General Assembly and the requirements therein under |
paragraph (7) of subsection (a) of Section 2-3.71 of the |
School Code, the Department of Early Childhood , in |
consultation with the Governor's Office of Early Childhood |
Development and the State Board of Education, shall adopt |
rules prohibiting the use of expulsion due to a child's |
persistent and serious challenging behaviors in licensed day |
care centers, day care homes, and group day care homes. The |
rulemaking shall address, at a minimum, requirements for |
licensees to establish intervention and transition policies, |
notify parents of policies, document intervention steps, and |
collect and report data on children transitioning out of the |
program. |
(Source: P.A. 100-105, eff. 1-1-18 .)
|
|
(225 ILCS 10/5.11) |
Sec. 5.11. Plan for anaphylactic shock. The Department of |
Early Childhood shall require each licensed day care center, |
day care home, and group day care home to have a plan for |
anaphylactic shock to be followed for the prevention of |
anaphylaxis and during a medical emergency resulting from |
anaphylaxis. The plan should be based on the guidance and |
recommendations provided by the American Academy of Pediatrics |
relating to the management of food allergies or other |
allergies. The plan should be shared with parents or guardians |
upon enrollment at each licensed day care center, day care |
home, and group day care home. If a child requires specific |
specialized treatment during an episode of anaphylaxis, that |
child's treatment plan should be kept by the staff of the day |
care center, day care home, or group day care home and followed |
in the event of an emergency. Each licensed day care center, |
day care home, and group day care home shall have at least one |
staff member present at all times who has taken a training |
course in recognizing and responding to anaphylaxis. |
(Source: P.A. 102-413, eff. 8-20-21.)
|
(225 ILCS 10/6) (from Ch. 23, par. 2216) |
Sec. 6. (a) A licensed facility operating as a "child care |
institution", "maternity center", or "child welfare agency", |
"day care agency" or "day care center" must apply for renewal |
of its license held, the application to be made to the |
|
Department on forms prescribed by it. |
(b) The Department, a duly licensed child welfare agency |
or a suitable agency or person designated by the Department as |
its agent to do so, must re-examine every child care facility |
for renewal of license, including in that process the |
examination of the premises and records of the facility as the |
Department considers necessary to determine that minimum |
standards for licensing continue to be met, and random surveys |
of parents or legal guardians who are consumers of such |
facilities' services to assess the quality of care at such |
facilities. In the case of foster family homes, or day care |
homes under the supervision of or otherwise required to be |
licensed by the Department, or under supervision of a licensed |
child welfare agency or day care agency, the examination shall |
be made by the Department, or agency supervising such homes. |
If the Department is satisfied that the facility continues to |
maintain minimum standards which it prescribes and publishes, |
it shall renew the license to operate the facility. |
(b-5) In the case of a quality of care concerns applicant |
as defined in Section 2.22a of this Act, in addition to the |
examination required in subsection (b) of this Section, the |
Department shall not renew the license of a quality of care |
concerns applicant unless the Department is satisfied that the |
foster family home does not pose a risk to children and that |
the foster family home will be able to meet the physical and |
emotional needs of children. In making this determination, the |
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Department must obtain and carefully review all relevant |
documents and shall obtain consultation from its Clinical |
Division as appropriate and as prescribed by Department rule |
and procedure. The Department has the authority to deny an |
application for renewal based on a record of quality of care |
concerns. In the alternative, the Department may (i) approve |
the application for renewal subject to obtaining additional |
information or assessments, (ii) approve the application for |
renewal for purposes of placing or maintaining only a |
particular child or children only in the foster home, or (iii) |
approve the application for renewal. The Department shall |
notify the quality of care concerns applicant of its decision |
and the basis for its decision in writing. |
(c) If a child care facility's (other than a day care |
center, day care home, or group day care home) license, other |
than a license for a foster family home, is revoked, or if the |
Department refuses to renew a facility's license, the facility |
may not reapply for a license before the expiration of 12 |
months following the Department's action; provided, however, |
that the denial of a reapplication for a license pursuant to |
this subsection must be supported by evidence that the prior |
revocation renders the applicant unqualified or incapable of |
satisfying the standards and rules promulgated by the |
Department pursuant to this Act or maintaining a facility |
which adheres to such standards and rules. |
(d) If a foster family home license (i) is revoked, (ii) is |
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surrendered for cause, or (iii) expires or is surrendered with |
either certain types of involuntary placement holds in place |
or while a licensing or child abuse or neglect investigation |
is pending, or if the Department refuses to renew a foster home |
license, the foster home may not reapply for a license before |
the expiration of 5 years following the Department's action or |
following the expiration or surrender of the license. |
(Source: P.A. 99-779, eff. 1-1-17 .)
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(225 ILCS 10/6.1 new) |
Sec. 6.1. License renewal; Department of Early Childhood. |
(a) A licensed facility operating as a day care center |
must apply for renewal of its license held, the application to |
be made to the Department of Early Childhood on forms |
prescribed by it. |
(b) The Department of Early Childhood must re-examine |
every day care center, day care home, and group day care home |
for renewal of license, including in that process the |
examination of the premises and records of the facility as the |
Department of Early Childhood considers necessary to determine |
that minimum standards for licensing continue to be met, and |
random surveys of parents or legal guardians who are consumers |
of such facilities' services to assess the quality of care at |
such facilities. In the case of day care homes under the |
supervision of or otherwise required to be licensed by the |
Department of Early Childhood, the examination shall be made |
|
by the Department of Early Childhood. If the Department of |
Early Childhood is satisfied that the facility continues to |
maintain minimum standards which it prescribes and publishes, |
it shall renew the license to operate the facility. |
(c) If a day care center's, day care home's, or group day |
care home's license is revoked, or if the Department of Early |
Childhood refuses to renew a day care center's, day care |
home's, or group day care home's license, the facility may not |
reapply for a license before the expiration of 12 months |
following the Department of Early Childhood's action; |
provided, however, that the denial of a reapplication for a |
license pursuant to this subsection must be supported by |
evidence that the prior revocation renders the applicant |
unqualified or incapable of satisfying the standards and rules |
promulgated by the Department of Early Childhood pursuant to |
this Act or maintaining a facility which adheres to such |
standards and rules.
|
(225 ILCS 10/7) (from Ch. 23, par. 2217) |
Sec. 7. (a) The Department must prescribe and publish |
minimum standards for licensing that apply to the various |
types of facilities for child care defined in this Act (other |
than a day care center, day care home, or group day care home) |
and that are equally applicable to like institutions under the |
control of the Department and to foster family homes used by |
and under the direct supervision of the Department. The |
|
Department shall seek the advice and assistance of persons |
representative of the various types of child care facilities |
in establishing such standards. The standards prescribed and |
published under this Act take effect as provided in the |
Illinois Administrative Procedure Act, and are restricted to |
regulations pertaining to the following matters and to any |
rules and regulations required or permitted by any other |
Section of this Act: |
(1) The operation and conduct of the facility and |
responsibility it assumes for child care; |
(2) The character, suitability and qualifications of |
the applicant and other persons directly responsible for |
the care and welfare of children served. All child day |
care center licensees and employees who are required to |
report child abuse or neglect under the Abused and |
Neglected Child Reporting Act shall be required to attend |
training on recognizing child abuse and neglect, as |
prescribed by Department rules ; |
(3) The general financial ability and competence of |
the applicant to provide necessary care for children and |
to maintain prescribed standards; |
(4) The number of individuals or staff required to |
insure adequate supervision and care of the children |
received. The standards shall provide that each child care |
institution, maternity center, and day care center, group |
home , day care home, and group day care home shall have on |
|
its premises during its hours of operation at least one |
staff member certified in first aid, in the Heimlich |
maneuver and in cardiopulmonary resuscitation by the |
American Red Cross or other organization approved by rule |
of the Department. Child welfare agencies shall not be |
subject to such a staffing requirement. The Department may |
offer, or arrange for the offering, on a periodic basis in |
each community in this State in cooperation with the |
American Red Cross, the American Heart Association or |
other appropriate organization, voluntary programs to |
train operators of foster family homes and day care homes |
in first aid and cardiopulmonary resuscitation; |
(5) The appropriateness, safety, cleanliness, and |
general adequacy of the premises, including maintenance of |
adequate fire prevention and health standards conforming |
to State laws and municipal codes to provide for the |
physical comfort, care, and well-being of children |
received; |
(6) Provisions for food, clothing, educational |
opportunities, program, equipment and individual supplies |
to assure the healthy physical, mental, and spiritual |
development of children served; |
(7) Provisions to safeguard the legal rights of |
children served; |
(8) Maintenance of records pertaining to the |
admission, progress, health, and discharge of children , |
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including, for day care centers and day care homes, |
records indicating each child has been immunized as |
required by State regulations . The Department shall |
require proof that children enrolled in a facility (other |
than a day care center, day care home, or group day care |
home) have been immunized against Haemophilus Influenzae B |
(HIB); |
(9) Filing of reports with the Department; |
(10) Discipline of children; |
(11) Protection and fostering of the particular |
religious faith of the children served; |
(12) (Blank) Provisions prohibiting firearms on day |
care center premises except in the possession of peace |
officers ; |
(13) (Blank) Provisions prohibiting handguns on day |
care home premises except in the possession of peace |
officers or other adults who must possess a handgun as a |
condition of employment and who reside on the premises of |
a day care home ; |
(14) (Blank) Provisions requiring that any firearm |
permitted on day care home premises, except handguns in |
the possession of peace officers, shall be kept in a |
disassembled state, without ammunition, in locked storage, |
inaccessible to children and that ammunition permitted on |
day care home premises shall be kept in locked storage |
separate from that of disassembled firearms, inaccessible |
|
to children ; |
(15) (Blank) Provisions requiring notification of |
parents or guardians enrolling children at a day care home |
of the presence in the day care home of any firearms and |
ammunition and of the arrangements for the separate, |
locked storage of such firearms and ammunition ; |
(16) Provisions requiring all licensed child care |
facility employees who care for newborns and infants to |
complete training every 3 years on the nature of sudden |
unexpected infant death (SUID), sudden infant death |
syndrome (SIDS), and the safe sleep recommendations of the |
American Academy of Pediatrics (other than employees of a |
day care center, day care home, or group day care home) ; |
and |
(17) With respect to foster family homes, provisions |
requiring the Department to review quality of care |
concerns and to consider those concerns in determining |
whether a foster family home is qualified to care for |
children. |
By July 1, 2022, all licensed day care home providers, |
licensed group day care home providers, and licensed day care |
center directors and classroom staff shall participate in at |
least one training that includes the topics of early childhood |
social emotional learning, infant and early childhood mental |
health, early childhood trauma, or adverse childhood |
experiences. Current licensed providers, directors, and |
|
classroom staff shall complete training by July 1, 2022 and |
shall participate in training that includes the above topics |
at least once every 3 years. |
(b) If, in a facility for general child care (other than a |
day care center, day care home, or group day care home) , there |
are children diagnosed as mentally ill or children diagnosed |
as having an intellectual or physical disability, who are |
determined to be in need of special mental treatment or of |
nursing care, or both mental treatment and nursing care, the |
Department shall seek the advice and recommendation of the |
Department of Human Services, the Department of Public Health, |
or both Departments regarding the residential treatment and |
nursing care provided by the institution. |
(c) The Department shall investigate any person applying |
to be licensed as a foster parent to determine whether there is |
any evidence of current drug or alcohol abuse in the |
prospective foster family. The Department shall not license a |
person as a foster parent if drug or alcohol abuse has been |
identified in the foster family or if a reasonable suspicion |
of such abuse exists, except that the Department may grant a |
foster parent license to an applicant identified with an |
alcohol or drug problem if the applicant has successfully |
participated in an alcohol or drug treatment program, |
self-help group, or other suitable activities and if the |
Department determines that the foster family home can provide |
a safe, appropriate environment and meet the physical and |
|
emotional needs of children. |
(d) The Department, in applying standards prescribed and |
published, as herein provided, shall offer consultation |
through employed staff or other qualified persons to assist |
applicants and licensees (other than applicants and licensees |
of a day care center, day care home, or group day care home) in |
meeting and maintaining minimum requirements for a license and |
to help them otherwise to achieve programs of excellence |
related to the care of children served. Such consultation |
shall include providing information concerning education and |
training in early childhood development to providers of day |
care home services. The Department may provide or arrange for |
such education and training for those providers who request |
such assistance (other than providers at a day care center, |
day care home, or group day care home) . |
(e) The Department shall distribute copies of licensing |
standards to all licensees and applicants for a license (other |
than licensees and applicants of a day care center, day care |
home, or group day care home) . Each licensee or holder of a |
permit shall distribute copies of the appropriate licensing |
standards and any other information required by the Department |
to child care facilities under its supervision. Each licensee |
or holder of a permit shall maintain appropriate documentation |
of the distribution of the standards. Such documentation shall |
be part of the records of the facility and subject to |
inspection by authorized representatives of the Department. |
|
(f) (Blank) The Department shall prepare summaries of day |
care licensing standards. Each licensee or holder of a permit |
for a day care facility shall distribute a copy of the |
appropriate summary and any other information required by the |
Department, to the legal guardian of each child cared for in |
that facility at the time when the child is enrolled or |
initially placed in the facility. The licensee or holder of a |
permit for a day care facility shall secure appropriate |
documentation of the distribution of the summary and brochure. |
Such documentation shall be a part of the records of the |
facility and subject to inspection by an authorized |
representative of the Department . |
(g) The Department shall distribute to each licensee and |
holder of a permit copies of the licensing or permit standards |
applicable to such person's facility (other than a day care |
center, day care home, or group day care home) . Each licensee |
or holder of a permit shall make available by posting at all |
times in a common or otherwise accessible area a complete and |
current set of licensing standards in order that all employees |
of the facility may have unrestricted access to such |
standards. All employees of the facility shall have reviewed |
the standards and any subsequent changes. Each licensee or |
holder of a permit shall maintain appropriate documentation of |
the current review of licensing standards by all employees. |
Such records shall be part of the records of the facility and |
subject to inspection by authorized representatives of the |
|
Department. |
(h) Any standards (other than standards of a day care |
center, day care home, or group day care home) involving |
physical examinations, immunization, or medical treatment |
shall include appropriate exemptions for children whose |
parents object thereto on the grounds that they conflict with |
the tenets and practices of a recognized church or religious |
organization, of which the parent is an adherent or member, |
and for children who should not be subjected to immunization |
for clinical reasons. |
(i) (Blank) The Department, in cooperation with the |
Department of Public Health, shall work to increase |
immunization awareness and participation among parents of |
children enrolled in day care centers and day care homes by |
publishing on the Department's website information about the |
benefits of immunization against vaccine preventable diseases, |
including influenza and pertussis. The information for vaccine |
preventable diseases shall include the incidence and severity |
of the diseases, the availability of vaccines, and the |
importance of immunizing children and persons who frequently |
have close contact with children. The website content shall be |
reviewed annually in collaboration with the Department of |
Public Health to reflect the most current recommendations of |
the Advisory Committee on Immunization Practices (ACIP). The |
Department shall work with day care centers and day care homes |
licensed under this Act to ensure that the information is |
|
annually distributed to parents in August or September . |
(j) (Blank) Any standard adopted by the Department that |
requires an applicant for a license to operate a day care home |
to include a copy of a high school diploma or equivalent |
certificate with the person's application shall be deemed to |
be satisfied if the applicant includes a copy of a high school |
diploma or equivalent certificate or a copy of a degree from an |
accredited institution of higher education or vocational |
institution or equivalent certificate . |
(Source: P.A. 102-4, eff. 4-27-21; 103-22, eff. 8-8-23.)
|
(225 ILCS 10/7.01 new) |
Sec. 7.01. Minimum standards for licensing; Department of |
Early Childhood. |
(a) The Department of Early Childhood must prescribe and |
publish minimum standards for licensing that apply to day care |
centers, day care homes, and group day care homes. The |
Department of Early Childhood shall seek the advice and |
assistance of persons representative of day care centers, day |
care homes, and group day care homes in establishing such |
standards. The standards prescribed and published under this |
Act take effect as provided in the Illinois Administrative |
Procedure Act, and are restricted to rules pertaining to the |
following matters and to any rules required or permitted by |
any other Section of this Act: |
(1) The operation and conduct of the facility and |
|
responsibility it assumes for child care; |
(2) The character, suitability and qualifications of |
the applicant and other persons directly responsible for |
the care and welfare of children served. All child day |
care center licensees and employees who are required to |
report child abuse or neglect under the Abused and |
Neglected Child Reporting Act shall be required to attend |
training on recognizing child abuse and neglect, as |
prescribed by Department of Early Childhood rules; |
(3) The general financial ability and competence of |
the applicant to provide necessary care for children and |
to maintain prescribed standards; |
(4) The number of individuals or staff required to |
ensure adequate supervision and care of the children |
received. The standards shall provide that each day care |
center, day care home, and group day care home shall have |
on its premises during its hours of operation at least one |
staff member certified in first aid, in the Heimlich |
maneuver and in cardiopulmonary resuscitation by the |
American Red Cross or other organization approved by rule |
of the Department of Early Childhood. The Department of |
Early Childhood may offer, or arrange for the offering, on |
a periodic basis in each community in this State in |
cooperation with the American Red Cross, the American |
Heart Association or other appropriate organization, |
voluntary programs to train operators of day care homes in |
|
first aid and cardiopulmonary resuscitation; |
(5) The appropriateness, safety, cleanliness, and |
general adequacy of the premises, including maintenance of |
adequate fire prevention and health standards conforming |
to State laws and municipal codes to provide for the |
physical comfort, care, and well-being of children |
received; |
(6) Provisions for food, clothing, educational |
opportunities, program, equipment and individual supplies |
to ensure the healthy physical, mental, and spiritual |
development of children served; |
(7) Provisions to safeguard the legal rights of |
children served; |
(8) Maintenance of records pertaining to the |
admission, progress, health, and discharge of children, |
including, for day care centers and day care homes, |
records indicating each child has been immunized as |
required by State regulations. The Department of Early |
Childhood shall require proof that children enrolled in a |
facility have been immunized against Haemophilus |
Influenzae B (HIB); |
(9) Filing of reports with the Department of Early |
Childhood; |
(10) Discipline of children; |
(11) Protection and fostering of the particular |
religious faith of the children served; |
|
(12) Provisions prohibiting firearms on day care |
center premises except in the possession of peace |
officers; |
(13) Provisions prohibiting handguns on day care home |
premises except in the possession of peace officers or |
other adults who must possess a handgun as a condition of |
employment and who reside on the premises of a day care |
home; |
(14) Provisions requiring that any firearm permitted |
on day care home premises, except handguns in the |
possession of peace officers, shall be kept in a |
disassembled state, without ammunition, in locked storage, |
inaccessible to children and that ammunition permitted on |
day care home premises shall be kept in locked storage |
separate from that of disassembled firearms, inaccessible |
to children; |
(15) Provisions requiring notification of parents or |
guardians enrolling children at a day care home of the |
presence in the day care home of any firearms and |
ammunition and of the arrangements for the separate, |
locked storage of such firearms and ammunition; and |
(16) Provisions requiring all licensed child care |
facility employees who care for newborns and infants to |
complete training every 3 years on the nature of sudden |
unexpected infant death (SUID), sudden infant death |
syndrome (SIDS), and the safe sleep recommendations of the |
|
American Academy of Pediatrics. |
All licensed day care home providers, licensed group day |
care home providers, and licensed day care center directors |
and classroom staff shall participate in at least one training |
that includes the topics of early childhood social emotional |
learning, infant and early childhood mental health, early |
childhood trauma, or adverse childhood experiences. Current |
licensed providers, directors, and classroom staff shall |
complete training and shall participate in training that |
includes the above topics at least once every 3 years. |
(b) The Department of Early Childhood, in applying |
standards prescribed and published, as herein provided, shall |
offer consultation through employed staff or other qualified |
persons to assist applicants and licensees in meeting and |
maintaining minimum requirements for a license and to help |
them otherwise to achieve programs of excellence related to |
the care of children served. Such consultation shall include |
providing information concerning education and training in |
early childhood development to providers of day care home |
services. The Department of Early Childhood may provide or |
arrange for such education and training for those providers |
who request such assistance. |
(c) The Department of Early Childhood shall distribute |
copies of licensing standards to all licensees and applicants |
for a license. Each licensee or holder of a permit shall |
distribute copies of the appropriate licensing standards and |
|
any other information required by the Department of Early |
Childhood to child care facilities under its supervision. Each |
licensee or holder of a permit shall maintain appropriate |
documentation of the distribution of the standards. Such |
documentation shall be part of the records of the facility and |
subject to inspection by authorized representatives of the |
Department of Early Childhood. |
(d) The Department of Early Childhood shall prepare |
summaries of day care licensing standards. Each licensee or |
holder of a permit for a day care facility shall distribute a |
copy of the appropriate summary and any other information |
required by the Department of Early Childhood, to the legal |
guardian of each child cared for in that facility at the time |
when the child is enrolled or initially placed in the |
facility. The licensee or holder of a permit for a day care |
facility shall secure appropriate documentation of the |
distribution of the summary and brochure. Such documentation |
shall be a part of the records of the facility and subject to |
inspection by an authorized representative of the Department |
of Early Childhood. |
(e) The Department of Early Childhood shall distribute to |
each licensee and holder of a permit copies of the licensing or |
permit standards applicable to such person's facility. Each |
licensee or holder of a permit shall make available by posting |
at all times in a common or otherwise accessible area a |
complete and current set of licensing standards in order that |
|
all employees of the facility may have unrestricted access to |
such standards. All employees of the facility shall have |
reviewed the standards and any subsequent changes. Each |
licensee or holder of a permit shall maintain appropriate |
documentation of the current review of licensing standards by |
all employees. Such records shall be part of the records of the |
facility and subject to inspection by authorized |
representatives of the Department of Early Childhood. |
(f) Any standards involving physical examinations, |
immunization, or medical treatment shall include appropriate |
exemptions for children whose parents object thereto on the |
grounds that they conflict with the tenets and practices of a |
recognized church or religious organization, of which the |
parent is an adherent or member, and for children who should |
not be subjected to immunization for clinical reasons. |
(g) The Department of Early Childhood, in cooperation with |
the Department of Public Health, shall work to increase |
immunization awareness and participation among parents of |
children enrolled in day care centers and day care homes by |
publishing on the Department of Early Childhood's website |
information about the benefits of immunization against vaccine |
preventable diseases, including influenza and pertussis. The |
information for vaccine preventable diseases shall include the |
incidence and severity of the diseases, the availability of |
vaccines, and the importance of immunizing children and |
persons who frequently have close contact with children. The |
|
website content shall be reviewed annually in collaboration |
with the Department of Public Health to reflect the most |
current recommendations of the Advisory Committee on |
Immunization Practices (ACIP). The Department of Early |
Childhood shall work with day care centers and day care homes |
licensed under this Act to ensure that the information is |
annually distributed to parents in August or September. |
(h) Any standard adopted by the Department of Early |
Childhood that requires an applicant for a license to operate |
a day care home to include a copy of a high school diploma or |
equivalent certificate with the person's application shall be |
deemed to be satisfied if the applicant includes a copy of a |
high school diploma or equivalent certificate or a copy of a |
degree from an accredited institution of higher education or |
vocational institution or equivalent certificate.
|
(225 ILCS 10/7.2) (from Ch. 23, par. 2217.2) |
Sec. 7.2. Employer discrimination. |
(a) For purposes of this Section : , |
"Employer" "employer" means a licensee or holder of a |
permit subject to this Act. |
"Employee" means an employee of such an employer. |
(b) No employer shall discharge, demote , or suspend, or |
threaten to discharge, demote , or suspend, or in any manner |
discriminate against any employee who: |
(1) Makes any good faith oral or written complaint of |
|
any employer's violation of any licensing or other laws |
(including , but not limited to , laws concerning child |
abuse or the transportation of children) which may result |
in closure of the facility pursuant to Section 11.2 or |
11.3 of this Act to the Department of Children and Family |
Services or the Department of Early Childhood or other |
agency having statutory responsibility for the enforcement |
of such laws or to the employer or representative of the |
employer; |
(2) Institutes or causes to be instituted against any |
employer any proceeding concerning the violation of any |
licensing or other laws, including a proceeding to revoke |
or to refuse to renew a license under Section 9 or 9.01 of |
this Act; |
(3) Is or will be a witness or testify in any |
proceeding concerning the violation of any licensing or |
other laws, including a proceeding to revoke or to refuse |
to renew a license under Section 9 or 9.01 of this Act; or |
(4) Refuses to perform work in violation of a |
licensing or other law or regulation after notifying the |
employer of the violation. |
(c)(1) A claim by an employee alleging an employer's |
violation of subsection (b) of this Section shall be presented |
to the employer within 30 days after the date of the action |
complained of and shall be filed with the Department of Labor |
within 60 days after the date of the action complained of. |
|
(2) Upon receipt of the complaint, the Department of Labor |
shall conduct whatever investigation it deems appropriate, and |
may hold a hearing. After investigation or hearing, the |
Department of Labor shall determine whether the employer has |
violated subsection (b) of this Section and it shall notify |
the employer and the employee of its determination. |
(3) If the Department of Labor determines that the |
employer has violated subsection (b) of this Section, and the |
employer refuses to take remedial action to comply with the |
determination, the Department of Labor shall so notify the |
Attorney General, who shall bring an action against the |
employer in the circuit court seeking enforcement of its |
determination. The court may order any appropriate relief, |
including rehiring and reinstatement of the employee to the |
person's former position with backpay and other benefits. |
(d) Except for any grievance procedure, arbitration , or |
hearing which is available to the employee pursuant to a |
collective bargaining agreement, this Section shall be the |
exclusive remedy for an employee complaining of any action |
described in subsection (b). |
(e) Any employer who willfully refuses to rehire, promote , |
or otherwise restore an employee or former employee who has |
been determined eligible for rehiring or promotion as a result |
of any grievance procedure, arbitration , or hearing authorized |
by law shall be guilty of a Class A misdemeanor. |
(Source: P.A. 103-22, eff. 8-8-23; revised 9-21-23.)
|
|
(225 ILCS 10/7.10) |
Sec. 7.10. Progress report. |
(a) For the purposes of this Section, "child day care |
licensing" or "day care licensing" means licensing of day care |
centers, day care homes, and group day care homes. |
(b) No later than September 30th of each year, the |
Department of Early Childhood shall provide the General |
Assembly with a comprehensive report on its progress in |
meeting performance measures and goals related to child day |
care licensing. |
(c) The report shall include: |
(1) details on the funding for child day care |
licensing, including: |
(A) the total number of full-time employees |
working on child day care licensing; |
(B) the names of all sources of revenue used to |
support child day care licensing; |
(C) the amount of expenditures that is claimed |
against federal funding sources; |
(D) the identity of federal funding sources; and |
(E) how funds are appropriated, including |
appropriations for line staff, support staff, |
supervisory staff, and training and other expenses and |
the funding history of such licensing since fiscal |
year 2010; |
|
(2) current staffing qualifications of day care |
licensing representatives and day care licensing |
supervisors in comparison with staffing qualifications |
specified in the job description; |
(3) data history for fiscal year 2010 to the current |
fiscal year on day care licensing representative caseloads |
and staffing levels in all areas of the State; |
(4) per the DCFS Child Day Care Licensing Advisory |
Council's work plan, quarterly data on the following |
measures: |
(A) the percentage of new applications disposed of |
within 90 days; |
(B) the percentage of licenses renewed on time; |
(C) the percentage of day care centers receiving |
timely annual monitoring visits; |
(D) the percentage of day care homes receiving |
timely annual monitoring visits; |
(E) the percentage of group day care homes |
receiving timely annual monitoring visits; |
(F) the percentage of provider requests for |
supervisory review; |
(G) the progress on adopting a key indicator |
system; |
(H) the percentage of complaints disposed of |
within 30 days; |
(I) the average number of days a day care center |
|
applicant must wait to attend a licensing orientation; |
(J) the number of licensing orientation sessions |
available per region in the past year; and |
(K) the number of Department of Early Childhood |
trainings related to licensing and child development |
available to providers in the past year; and |
(5) efforts to coordinate with the Department of Human |
Services and the State Board of Education on professional |
development, credentialing issues, and child developers, |
including training registry, child developers, and Quality |
Rating and Improvement Systems (QRIS). |
(d) The Department of Early Childhood shall work with the |
Governor's appointed Early Learning Council on issues related |
to and concerning child day care. |
(Source: P.A. 97-1096, eff. 8-24-12; 98-839, eff. 1-1-15 .)
|
(225 ILCS 10/8) (from Ch. 23, par. 2218) |
Sec. 8. The Department may revoke or refuse to renew the |
license of any child care facility (other than a day care |
center, day care home, or group day care home) or child welfare |
agency or refuse to issue full license to the holder of a |
permit should the licensee or holder of a permit: |
(1) fail to maintain standards prescribed and |
published by the Department; |
(2) violate any of the provisions of the license |
issued; |
|
(3) furnish or make any misleading or any false |
statement or report to the Department; |
(4) refuse to submit to the Department any reports or |
refuse to make available to the Department any records |
required by the Department in making investigation of the |
facility for licensing purposes; |
(5) fail or refuse to submit to an investigation by |
the Department; |
(6) fail or refuse to admit authorized representatives |
of the Department at any reasonable time for the purpose |
of investigation; |
(7) fail to provide, maintain, equip and keep in safe |
and sanitary condition premises established or used for |
child care as required under standards prescribed by the |
Department, or as otherwise required by any law, |
regulation or ordinance applicable to the location of such |
facility; |
(8) refuse to display its license or permit; |
(9) be the subject of an indicated report under |
Section 3 of the Abused and Neglected Child Reporting Act |
or fail to discharge or sever affiliation with the child |
care facility of an employee or volunteer at the facility |
with direct contact with children who is the subject of an |
indicated report under Section 3 of that Act; |
(10) fail to comply with the provisions of Section |
7.1; |
|
(11) fail to exercise reasonable care in the hiring, |
training and supervision of facility personnel; |
(12) fail to report suspected abuse or neglect of |
children within the facility, as required by the Abused |
and Neglected Child Reporting Act; |
(12.5) fail to comply with subsection (c-5) of Section |
7.4; |
(13) fail to comply with Section 5.1 or 5.2 of this |
Act; or |
(14) be identified in an investigation by the |
Department as a person with a substance use disorder, as |
defined in the Substance Use Disorder Act, or be a person |
whom the Department knows has abused alcohol or drugs, and |
has not successfully participated in treatment, self-help |
groups or other suitable activities, and the Department |
determines that because of such abuse the licensee, holder |
of the permit, or any other person directly responsible |
for the care and welfare of the children served, does not |
comply with standards relating to character, suitability |
or other qualifications established under Section 7 of |
this Act. |
(Source: P.A. 100-759, eff. 1-1-19 .)
|
(225 ILCS 10/8a new) |
Sec. 8a. Grounds for revocation or refusal to renew |
license; Department of Early Childhood. The Department of |
|
Early Childhood may revoke or refuse to renew the license of |
any day care center, day care home, or group day care home or |
refuse to issue full license to the holder of a permit should |
the licensee or holder of a permit: |
(1) fail to maintain standards prescribed and |
published by the Department of Early Childhood; |
(2) violate any of the provisions of the license |
issued; |
(3) furnish or make any misleading or any false |
statement or report to the Department of Early Childhood; |
(4) refuse to submit Department of Early Childhood any |
reports or refuse to make available Department of Early |
Childhood any records required by the Department of Early |
Childhood in making investigation of the facility for |
licensing purposes; |
(5) fail or refuse to submit to an investigation by |
the Department of Early Childhood; |
(6) fail or refuse to admit authorized representatives |
of the Department of Early Childhood at any reasonable |
time for the purpose of investigation; |
(7) fail to provide, maintain, equip and keep in safe |
and sanitary condition premises established or used for |
child care as required under standards prescribed by the |
Department of Early Childhood or as otherwise required by |
any law, regulation or ordinance applicable to the |
location of such facility; |
|
(8) refuse to display its license or permit; |
(9) be the subject of an indicated report under |
Section 3 of the Abused and Neglected Child Reporting Act |
or fail to discharge or sever affiliation with the day |
care center, day care home, or group day care home of an |
employee or volunteer at the day care center, day care |
home, or group day care home with direct contact with |
children who is the subject of an indicated report under |
Section 3 of that Act; |
(10) fail to comply with the provisions of Section |
7.1; |
(11) fail to exercise reasonable care in the hiring, |
training and supervision of facility personnel; |
(12) fail to report suspected abuse or neglect of |
children within the facility, as required by the Abused |
and Neglected Child Reporting Act; |
(12.5) fail to comply with subsection (c-5) of Section |
7.4; |
(13) fail to comply with Section 5.1 or 5.2 of this |
Act; or |
(14) be identified in an investigation by the |
Department of Early Childhood as a person with a substance |
use disorder, as defined in the Substance Use Disorder |
Act, or be a person whom the Department of Early Childhood |
knows has abused alcohol or drugs, and has not |
successfully participated in treatment, self-help groups |
|
or other suitable activities, and the Department of Early |
Childhood determines that because of such abuse the |
licensee, holder of the permit, or any other person |
directly responsible for the care and welfare of the |
children served, does not comply with standards relating |
to character, suitability or other qualifications |
established under Section 7.01 of this Act.
|
(225 ILCS 10/8.1) (from Ch. 23, par. 2218.1) |
Sec. 8.1. The Department shall revoke or refuse to renew |
the license of any child care facility (other than a day care |
center, day care home, or group day care home) or refuse to |
issue a full license to the holder of a permit should the |
licensee or holder of a permit: |
(1) fail to correct any condition which jeopardizes the |
health, safety, morals, or welfare of children served by the |
facility; |
(2) fail to correct any condition or occurrence relating |
to the operation or maintenance of the facility comprising a |
violation under Section 8 of this Act; or |
(3) fail to maintain financial resources adequate for the |
satisfactory care of children served in regard to upkeep of |
premises, and provisions for personal care, medical services, |
clothing, education and other essentials in the proper care, |
rearing and training of children. |
(Source: P.A. 83-1362.)
|
|
(225 ILCS 10/8.1a new) |
Sec. 8.1a. Other grounds for revocation or refusal to |
renew license; Department of Early Childhood. The Department |
of Early Childhood shall revoke or refuse to renew the license |
of any day care center, day care home, or group day care home |
or refuse to issue a full license to the holder of a permit |
should the licensee or holder of a permit: |
(1) fail to correct any condition which jeopardizes |
the health, safety, morals, or welfare of children served |
by the facility; |
(2) fail to correct any condition or occurrence |
relating to the operation or maintenance of the facility |
comprising a violation under Section 8a of this Act; or |
(3) fail to maintain financial resources adequate for |
the satisfactory care of children served in regard to |
upkeep of premises, and provisions for personal care, |
medical services, clothing, education and other essentials |
in the proper care, rearing and training of children.
|
(225 ILCS 10/8.2) (from Ch. 23, par. 2218.2) |
Sec. 8.2. The Department may issue a conditional license |
to any child care facility (other than a day care center, day |
care home, or group day care home) which currently is licensed |
under this Act. The conditional license shall be a |
nonrenewable license for a period of 6 months and the |
|
Department shall revoke any other license held by the |
conditionally licensed facility. Conditional licenses shall |
only be granted to facilities where no threat to the health, |
safety, morals or welfare of the children served exists. A |
complete listing of deficiencies and a corrective plan |
approved by the Department shall be in existence at the time a |
conditional license is issued. Failure by the facility to |
correct the deficiencies or meet all licensing standards at |
the end of the conditional license period shall result in |
immediate revocation of or refusal to renew the facility's |
license as provided in Section 8.1 of this Act. |
(Source: P.A. 85-216.)
|
(225 ILCS 10/8.2a new) |
Sec. 8.2a. Conditional license; Department of Early |
Childhood. The Department of Early Childhood may issue a |
conditional license to any day care center, day care home, or |
group day care home which currently is licensed under this |
Act. The conditional license shall be a nonrenewable license |
for a period of 6 months and the Department of Early Childhood |
shall revoke any other license held by the conditionally |
licensed facility. Conditional licenses shall only be granted |
to facilities where no threat to the health, safety, morals or |
welfare of the children served exists. A complete listing of |
deficiencies and a corrective plan approved by the Department |
of Early Childhood shall be in existence at the time a |
|
conditional license is issued. Failure by the facility to |
correct the deficiencies or meet all licensing standards at |
the end of the conditional license period shall result in |
immediate revocation of or refusal to renew the facility's |
license as provided in Section 8.1a of this Act.
|
(225 ILCS 10/8.5) |
Sec. 8.5. Reporting suspected abuse or neglect ; Department |
of Children and Family Services . The Department shall address |
through rules and procedures the failure of individual staff |
at child care facilities (other than a day care center, day |
care home, or group day care home) or child welfare agencies to |
report suspected abuse or neglect of children within the child |
care facility as required by the Abused and Neglected Child |
Reporting Act. |
The rules and procedures shall include provisions for when |
the Department learns of the child care facility's staff's |
failure to report suspected abuse or neglect of children and |
the actions the Department will take to (i) ensure that the |
child care facility takes immediate action with the individual |
staff involved and (ii) investigate whether the failure to |
report suspected abuse and neglect was a single incident or |
part of a larger incident involving additional staff members |
who failed to report, or whether the failure to report |
suspected abuse and neglect is a system-wide problem within |
the child care facility or child welfare agency. The rules and |
|
procedures shall also include the use of corrective action |
plans and the use of supervisory teams to review staff and |
facility understanding of their reporting requirements. |
The Department shall adopt rules by July 1, 2016. |
(Source: P.A. 99-350, eff. 1-1-16 .)
|
(225 ILCS 10/8.6 new) |
Sec. 8.6. Reporting suspected abuse or neglect; Department |
of Early Childhood. The Department of Early Childhood shall |
address through rules and procedures the failure of individual |
staff at day care centers, day care homes, and group day care |
homes to report suspected abuse or neglect of children within |
the child care facility as required by the Abused and |
Neglected Child Reporting Act. |
The rules and procedures shall include provisions for when |
the Department of Early Childhood learns of the child care |
facility's staff's failure to report suspected abuse or |
neglect of children and the actions the Department of Early |
Childhood will take to (i) ensure that the child care facility |
takes immediate action with the individual staff involved and |
(ii) investigate whether the failure to report suspected abuse |
and neglect was a single incident or part of a larger incident |
involving additional staff members who failed to report, or |
whether the failure to report suspected abuse and neglect is a |
system-wide problem within the child care facility. The rules |
and procedures shall also include the use of corrective action |
|
plans and the use of supervisory teams to review staff and |
facility understanding of their reporting requirements. |
The Department of Early Childhood shall adopt rules to |
administer this Section.
|
(225 ILCS 10/9) (from Ch. 23, par. 2219) |
Sec. 9. Prior to revocation or refusal to renew a license |
(other than a license of a day care center, day care home, or |
group day care home) , the Department shall notify the licensee |
by registered mail with postage prepaid, at the address |
specified on the license, or at the address of the ranking or |
presiding officer of a board of directors, or any equivalent |
body conducting a child care facility, of the contemplated |
action and that the licensee may, within 10 days of such |
notification, dating from the postmark of the registered mail, |
request in writing a public hearing before the Department, |
and, at the same time, may request a written statement of |
charges from the Department. |
(a) Upon written request by the licensee, the Department |
shall furnish such written statement of charges, and, at the |
same time, shall set the date and place for the hearing. The |
charges and notice of the hearing shall be delivered by |
registered mail with postage prepaid, and the hearing must be |
held within 30 days, dating from the date of the postmark of |
the registered mail, except that notification must be made at |
least 15 days in advance of the date set for the hearing. |
|
(b) If no request for a hearing is made within 10 days |
after notification, or if the Department determines, upon |
holding a hearing, that the license should be revoked or |
renewal denied, then the license shall be revoked or renewal |
denied. |
(c) Upon the hearing of proceedings in which the license |
is revoked, renewal of license is refused or full license is |
denied, the Director of the Department, or any officer or |
employee duly authorized by the Director in writing, may |
administer oaths and the Department may procure, by its |
subpoena, the attendance of witnesses and the production of |
relevant books and papers. |
(d) At the time and place designated, the Director of the |
Department or the officer or employee authorized by the |
Director in writing, shall hear the charges, and both the |
Department and the licensee shall be allowed to present in |
person or by counsel such statements, testimony and evidence |
as may be pertinent to the charges or to the defense thereto. |
The hearing officer may continue such hearing from time to |
time, but not to exceed a single period of 30 days, unless |
special extenuating circumstances make further continuance |
feasible. |
(Source: P.A. 103-22, eff. 8-8-23.)
|
(225 ILCS 10/9.01 new) |
Sec. 9.01. Revocation or refusal to renew a license; |
|
Department of Early Childhood. Prior to revocation or refusal |
to renew a license of a day care center, day care home, or |
group day care home, the Department of Early Childhood shall |
notify the licensee by registered mail with postage prepaid, |
at the address specified on the license, or at the address of |
the ranking or presiding officer of a board of directors, or |
any equivalent body conducting a day care center, day care |
home, or group day care home, of the contemplated action and |
that the licensee may, within 10 days of such notification, |
dating from the postmark of the registered mail, request in |
writing a public hearing before the Department of Early |
Childhood, and, at the same time, may request a written |
statement of charges from the Department of Early Childhood. |
(a) Upon written request by the licensee, the Department |
of Early Childhood shall furnish such written statement of |
charges, and, at the same time, shall set the date and place |
for the hearing. The charges and notice of the hearing shall be |
delivered by registered mail with postage prepaid, and the |
hearing must be held within 30 days, dating from the date of |
the postmark of the registered mail, except that notification |
must be made at least 15 days in advance of the date set for |
the hearing. |
(b) If no request for a hearing is made within 10 days |
after notification, or if the Department of Early Childhood |
determines, upon holding a hearing, that the license should be |
revoked or renewal denied, then the license shall be revoked |
|
or renewal denied. |
(c) Upon the hearing of proceedings in which the license |
is revoked, renewal of license is refused, or full license is |
denied, the Secretary of Early Childhood, or any officer or |
employee duly authorized by the Secretary in writing, may |
administer oaths and the Department of Early Childhood may |
procure, by its subpoena, the attendance of witnesses and the |
production of relevant books and papers. |
(d) At the time and place designated, the Secretary of |
Early Childhood or the officer or employee authorized by the |
Secretary in writing shall hear the charges, and both the |
Department of Early Childhood and the licensee shall be |
allowed to present in person or by counsel such statements, |
testimony, and evidence as may be pertinent to the charges or |
to the defense thereto. The hearing officer may continue such |
hearing from time to time, but not to exceed a single period of |
30 days, unless special extenuating circumstances make further |
continuance feasible.
|
(225 ILCS 10/9.1) (from Ch. 23, par. 2219.1) |
Sec. 9.1. Before the Department of Children and Family |
Services or the Department of Early Childhood initiates a |
full-scale investigation of any complaint received regarding a |
child care facility the Department may, when appropriate, |
provide procedures for the substantiation of the complaint. |
(Source: P.A. 87-265.)
|
|
(225 ILCS 10/9.1c) |
Sec. 9.1c. Public database of day care homes, group day |
care homes, and day care centers; license status. The No later |
than July 1, 2018, the Department of Early Childhood shall |
establish and maintain on its official website a searchable |
database, freely accessible to the public, that provides the |
following information on each day care home, group day care |
home, and day care center licensed by the Department of Early |
Childhood : whether, within the past 5 years, the day care |
home, group day care home, or day care center has had its |
license revoked by or surrendered to the Department of |
Children and Family Services or the Department of Early |
Childhood during a child abuse or neglect investigation or its |
application for a renewal of its license was denied by the |
Department of Children and Family Services or the Department |
of Early Childhood , and, if so, the dates upon which the |
license was revoked by or surrendered to the Department of |
Children and Family Services or the Department of Early |
Childhood or the application for a renewal of the license was |
denied by the Department of Children and Family Services or |
the Department of Early Childhood . The Department of Early |
Childhood may adopt any rules necessary to implement this |
Section. Nothing in this Section shall be construed to allow |
or authorize the Department of Early Childhood to release or |
disclose any information that is prohibited from public |
|
disclosure under this Act or under any other State or federal |
law. |
(Source: P.A. 100-52, eff. 1-1-18 .)
|
(225 ILCS 10/9.2) |
Sec. 9.2. Toll free number; day care information. The |
Department of Children and Family Services and the Department |
of Early Childhood shall establish and maintain a statewide |
toll-free telephone numbers number that all persons may use to |
inquire about the past history and record of a day care |
facility operating in this State under the jurisdiction of |
each of the Departments . The past history and record shall |
include, but shall not be limited to, Department substantiated |
complaints by each Department against a day care facility and |
Department staff findings by each Department of license |
violations by a day care facility. Information disclosed in |
accordance with this Section shall be subject to the |
confidentiality requirements provided in this Act. |
(Source: P.A. 90-671, eff. 1-1-99.)
|
(225 ILCS 10/10) (from Ch. 23, par. 2220) |
Sec. 10. Any circuit court, upon application either of the |
person requesting a hearing or of the Department of Children |
and Family Services or the Department of Early Childhood , may |
require the attendance of witnesses and the production of |
relevant books and papers before the Department of Children |
|
and Family Services or the Department of Early Childhood in |
any hearing relating to the refusal or revocation of licenses. |
The refusal or neglect to obey the order of the court |
compelling the attendance or production, is punishable as in |
other cases of contempt. |
(Source: P.A. 83-334.)
|
(225 ILCS 10/11) (from Ch. 23, par. 2221) |
Sec. 11. Whenever the Department of Children and Family |
Services or the Department of Early Childhood is advised, or |
has reason to believe, that any person, group of persons or |
corporation is operating a child welfare agency or a child |
care facility without a license or permit, it shall make an |
investigation to ascertain the facts. If the Department is |
denied access, it shall request intervention of local, county |
or State law enforcement agencies to seek an appropriate court |
order or warrant to examine the premises. A person or entity |
preventing the Department of Children and Family Services or |
the Department of Early Childhood from carrying out its duties |
under this Section shall be guilty of a violation of this Act |
and shall be subject to such penalties related thereto. If the |
Department of Children and Family Services or the Department |
of Early Childhood it finds that the child welfare agency or |
child care facility is being, or has been operated without a |
license or permit, it shall report the results of its |
investigation to the Attorney General, and to the appropriate |
|
State's Attorney for investigation and, if appropriate, |
prosecution. |
Operating a child welfare agency or child care facility |
without a license constitutes a Class A misdemeanor, followed |
by a business offense, if the operator continues to operate |
the facility and no effort is made to obtain a license. The |
business offense fine shall not exceed $10,000 and each day of |
a violation is a separate offense. |
(Source: P.A. 94-586, eff. 8-15-05.)
|
(225 ILCS 10/11.1) (from Ch. 23, par. 2221.1) |
Sec. 11.1. Referrals to law enforcement. |
(a) If the Department of Children and Family Services or |
the Department of Early Childhood has reasonable cause to |
believe that any person, group of persons, corporation, |
agency, association, organization, institution, center, or |
group is engaged or about to engage in any acts or practices |
that constitute or will constitute a violation of this Act, |
the Department shall inform the Attorney General or the |
State's Attorney of the appropriate county, who may initiate |
the appropriate civil or criminal proceedings. Upon a proper |
showing, any circuit court may enter a permanent or |
preliminary injunction or temporary restraining order without |
bond to enforce this Act or any rule or regulation prescribed |
thereunder in addition to the penalties and other remedies |
provided in this Act. |
|
(b) If the Department has reasonable cause to believe that |
any person, group of persons, corporation, agency, |
association, organization, institution, center, or group is |
engaged or is about to engage in any act or practice that |
constitutes or may constitute a violation of any rule adopted |
under the authority of this Act, the Department may inform the |
Attorney General or the State's Attorney of the appropriate |
county, who may initiate the appropriate civil or criminal |
proceedings. Upon a proper showing, any circuit court may |
enter a permanent or preliminary injunction or temporary |
restraining order without bond to enforce this Act or any rule |
prescribed under this Act, in addition to the penalties and |
other remedies provided in this Act. |
(Source: P.A. 94-586, eff. 8-15-05.)
|
(225 ILCS 10/11.1a new) |
Sec. 11.1a. Referrals to law enforcement; Department of |
Early Childhood. |
(a) If the Department of Early Childhood has reasonable |
cause to believe that any person, group of persons, |
corporation, agency, association, organization, institution, |
center, or group is engaged or about to engage in any acts or |
practices that constitute or will constitute a violation of |
this Act, the Department of Early Childhood shall inform the |
Attorney General or the State's Attorney of the appropriate |
county, who may initiate the appropriate civil or criminal |
|
proceedings. Upon a proper showing, any circuit court may |
enter a permanent or preliminary injunction or temporary |
restraining order without bond to enforce this Act or any rule |
or regulation prescribed thereunder in addition to the |
penalties and other remedies provided in this Act. |
(b) If the Department of Early Childhood has reasonable |
cause to believe that any person, group of persons, |
corporation, agency, association, organization, institution, |
center, or group is engaged or is about to engage in any act or |
practice that constitutes or may constitute a violation of any |
rule adopted under the authority of this Act, the Department |
of Early Childhood may inform the Attorney General or the |
State's Attorney of the appropriate county, who may initiate |
the appropriate civil or criminal proceedings. Upon a proper |
showing, any circuit court may enter a permanent or |
preliminary injunction or temporary restraining order without |
bond to enforce this Act or any rule prescribed under this Act, |
in addition to the penalties and other remedies provided in |
this Act.
|
(225 ILCS 10/11.2) (from Ch. 23, par. 2221.2) |
Sec. 11.2. Whenever the Department expressly finds that |
the continued operation of a child care facility, including |
such facilities defined in Section 2.10 and unlicensed |
facilities, jeopardizes the health, safety, morals, or welfare |
of children served by the facility, the Department shall issue |
|
an order of closure directing that the operation of the |
facility terminate immediately, and, if applicable, shall |
initiate revocation proceedings under Section 9 within ten |
working days. A facility closed under this Section may not |
operate during the pendency of any proceeding for the judicial |
review of the decision of the Department to issue an order of |
closure or to revoke or refuse to renew the license, except |
under court order. |
This Section does not apply to unlicensed facilities that |
qualify for an exemption under Section 2.10, day care centers, |
day care homes, and group day care homes. |
(Source: P.A. 85-216.)
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(225 ILCS 10/11.3 new) |
Sec. 11.3. Order of closure; Department of Early |
Childhood. Whenever the Department of Early Childhood |
expressly finds that the continued operation of a day care |
center, day care home, or group day care home, including a |
facility defined in Section 2.10 and an unlicensed facility, |
jeopardizes the health, safety, morals, or welfare of children |
served by the facility, the Department of Early Childhood |
shall issue an order of closure directing that the operation |
of the facility terminate immediately, and, if applicable, |
shall initiate revocation proceedings under Section 9.01 |
within 10 working days. A facility closed under this Section |
may not operate during the pendency of any proceeding for the |
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judicial review of the decision of the Department of Early |
Childhood to issue an order of closure or to revoke or refuse |
to renew the license, except under court order.
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(225 ILCS 10/12) (from Ch. 23, par. 2222) |
Sec. 12. Advertisements ; Department of Children and Family |
Services . |
(a) In this Section, "advertise" means communication by |
any public medium originating or distributed in this State, |
including, but not limited to, newspapers, periodicals, |
telephone book listings, outdoor advertising signs, radio, or |
television. |
(b) With the exception of day care centers, day care |
homes, and group day care homes, a A child care facility or |
child welfare agency licensed or operating under a permit |
issued by the Department may publish advertisements for the |
services that the facility is specifically licensed or issued |
a permit under this Act to provide. A person, group of persons, |
agency, association, organization, corporation, institution, |
center, or group who advertises or causes to be published any |
advertisement offering, soliciting, or promising to perform |
adoption services as defined in Section 2.24 of this Act is |
guilty of a Class A misdemeanor and shall be subject to a fine |
not to exceed $10,000 or 9 months imprisonment for each |
advertisement, unless that person, group of persons, agency, |
association, organization, corporation, institution, center, |
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or group is (i) licensed or operating under a permit issued by |
the Department as a child care facility or child welfare |
agency, (ii) a birth parent or a prospective adoptive parent |
acting on the birth parent's or prospective adoptive parent's |
own behalf, or (iii) a licensed attorney advertising the |
licensed attorney's availability to provide legal services |
relating to adoption, as permitted by law. |
(c) Every advertisement published after the effective date |
of this amendatory Act of the 94th General Assembly shall |
include the Department-issued license number of the facility |
or agency. |
(d) Any licensed child welfare agency providing adoption |
services that, after the effective date of this amendatory Act |
of the 94th General Assembly, causes to be published an |
advertisement containing reckless or intentional |
misrepresentations concerning adoption services or |
circumstances material to the placement of a child for |
adoption is guilty of a Class A misdemeanor and is subject to a |
fine not to exceed $10,000 or 9 months imprisonment for each |
advertisement. |
(e) An out-of-state agency that is not licensed in |
Illinois and that has a written interagency agreement with one |
or more Illinois licensed child welfare agencies may advertise |
under this Section, provided that (i) the out-of-state agency |
must be officially recognized by the United States Internal |
Revenue Service as a tax-exempt organization under 501(c)(3) |
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of the Internal Revenue Code of 1986 (or any successor |
provision of federal tax law), (ii) the out-of-state agency |
provides only international adoption services and is covered |
by the Intercountry Adoption Act of 2000, (iii) the |
out-of-state agency displays, in the advertisement, the |
license number of at least one of the Illinois licensed child |
welfare agencies with which it has a written agreement, and |
(iv) the advertisements pertain only to international adoption |
services. Subsection (d) of this Section shall apply to any |
out-of-state agencies described in this subsection (e). |
(f) An advertiser, publisher, or broadcaster, including, |
but not limited to, newspapers, periodicals, telephone book |
publishers, outdoor advertising signs, radio stations, or |
television stations, who knowingly or recklessly advertises or |
publishes any advertisement offering, soliciting, or promising |
to perform adoption services, as defined in Section 2.24 of |
this Act, on behalf of a person, group of persons, agency, |
association, organization, corporation, institution, center, |
or group, not authorized to advertise under subsection (b) or |
subsection (e) of this Section, is guilty of a Class A |
misdemeanor and is subject to a fine not to exceed $10,000 or 9 |
months imprisonment for each advertisement. |
(g) The Department shall maintain a website listing child |
welfare agencies licensed by the Department that provide |
adoption services and other general information for birth |
parents and adoptive parents. The website shall include, but |
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not be limited to, agency addresses, phone numbers, e-mail |
addresses, website addresses, annual reports as referenced in |
Section 7.6 of this Act, agency license numbers, the Birth |
Parent Bill of Rights, the Adoptive Parents Bill of Rights, |
and the Department's complaint registry established under |
Section 9.1a of this Act. The Department shall adopt any rules |
necessary to implement this Section. |
(h) (Blank) Nothing in this Act shall prohibit a day care |
agency, day care center, day care home, or group day care home |
that does not provide or perform adoption services, as defined |
in Section 2.24 of this Act, from advertising or marketing the |
day care agency, day care center, day care home, or group day |
care home . |
(Source: P.A. 103-22, eff. 8-8-23.)
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(225 ILCS 10/12.1 new) |
Sec. 12.1. Advertisements; Department of Early Childhood. |
(a) In this Section, "advertise" means communication by |
any public medium originating or distributed in this State, |
including, but not limited to, newspapers, periodicals, |
telephone book listings, outdoor advertising signs, radio, or |
television. |
(b) A day care center, day care home, or group day care |
home licensed or operating under a permit issued by the |
Department of Early Childhood may publish advertisements for |
the services that the day care center, day care home, or group |
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day care home is specifically licensed or issued a permit |
under this Act to provide. A person, group of persons, agency, |
association, organization, corporation, institution, center, |
or group that advertises or causes to be published any |
advertisement offering, soliciting, or promising to perform |
adoption services as defined in Section 2.24 of this Act is |
guilty of a Class A misdemeanor and shall be subject to a fine |
not to exceed $10,000 or 9 months' imprisonment for each |
advertisement, unless that person, group of persons, agency, |
association, organization, corporation, institution, center, |
or group is licensed or operating under a permit issued by |
Department of Early Childhood as a day care center, day care |
home, or group day care home, as permitted by law. |
(c) Every advertisement published after the effective date |
of this amendatory Act of the 103rd General Assembly shall |
include the Department of Early Childhood license number of |
the facility or agency. |
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(225 ILCS 10/15) (from Ch. 23, par. 2225) |
Sec. 15. With the exception of day care centers, day care |
homes, and group day care homes, every Every child care |
facility must keep and maintain such records as the Department |
may prescribe pertaining to the admission, progress, health |
and discharge of children under the care of the facility and |
shall report relative thereto to the Department whenever |
called for, upon forms prescribed by the Department. All |
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records regarding children and all facts learned about |
children and their relatives must be kept confidential both by |
the child care facility and by the Department. |
Nothing contained in this Act prevents the sharing or |
disclosure of information or records relating or pertaining to |
juveniles subject to the provisions of the Serious Habitual |
Offender Comprehensive Action Program when that information is |
used to assist in the early identification and treatment of |
habitual juvenile offenders. |
Nothing contained in this Act prevents the disclosure of |
information or records by a licensed child welfare agency as |
required under subsection (c-5) of Section 7.4. |
(Source: P.A. 94-1010, eff. 10-1-06.)
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(225 ILCS 10/15.1 new) |
Sec. 15.1. Records; confidentiality; Department of Early |
Childhood. Every day care center, day care home, and group day |
care home must keep and maintain such records as the |
Department of Early Childhood may prescribe pertaining to the |
admission, progress, health and discharge of children under |
the care of the day care center, day care home, or group day |
care home, and shall report relative thereto to the Department |
of Early Childhood whenever called for, upon forms prescribed |
by the Department of Early Childhood. All records regarding |
children and all facts learned about children and their |
relatives must be kept confidential both by the day care |
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center, day care home, or group day care home and by the |
Department of Early Childhood.
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(225 ILCS 10/16) (from Ch. 23, par. 2226) |
Sec. 16. (a) Subsections (a-1) through (d) do not apply to |
any circumstances to which Section 16.1 applies. |
(a-1) (a) Any child care facility receiving a child for |
care or supervision from a foreign state or country shall |
report that child to the Department in the same manner as is |
required for reporting other children. |
(b) A person, agency or organization, other than a |
licensed child care institution or child welfare agency, may |
not receive a foreign child without prior notice to and |
approval of the Department. |
(c) In all instances the Department may require a guaranty |
that a child accepted for care or supervision from a foreign |
state or country will not become a public charge upon the State |
of Illinois. |
(d) Reports to the Department must be made, as required. |
(e) The Department may enter into agreements with public |
or voluntary social agencies headquartered in states adjacent |
to the State of Illinois, regarding the placement of children |
in licensed foster family homes within the boundaries of |
Illinois, if the agencies meet the standards and criteria |
required for license as a child welfare agency in Illinois. |
The agreements may allow foreign agencies to place and |
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supervise children for whom they have responsibility within |
the State of Illinois, without regard to subsection (a-1) |
paragraph (a) of this Section. These agreements must, however, |
include a requirement that the agencies cooperate fully with |
the Department in its inquiry or investigation into the |
activities and standards of those agencies, and provide that |
the Department may, at any time upon 15 days written notice to |
an agency by registered mail, void the agreement and require |
the observance of subsection (a-1) paragraph (a) of this |
Section. |
(Source: P.A. 76-63 .)
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(225 ILCS 10/16.1 new) |
Sec. 16.1. Child from a foreign state or country; |
Department of Early Childhood. |
(a) Any day care center, day care home, or group day care |
home receiving a child for care or supervision from a foreign |
state or country shall report that child to the Department of |
Early Childhood in the same manner as is required for |
reporting other children. |
(b) A person, agency or organization, other than a |
licensed child care institution, may not receive a foreign |
child without prior notice to and approval of the Department |
of Early Childhood. |
(c) In all instances the Department of Early Childhood may |
require a guaranty that a child accepted for care or |
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supervision from a foreign state or country will not become a |
public charge upon the State of Illinois. |
(d) Reports to the Department of Early Childhood must be |
made, as required.
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(225 ILCS 10/17) (from Ch. 23, par. 2227) |
Sec. 17. The Administrative Review Law and the rules |
adopted pursuant thereto apply to and govern , applies to and |
governs all proceedings for the judicial review of final |
administrative decisions of the Department of Children and |
Family Services and the Department of Early Childhood . The |
term "administrative decision" is defined as in Section 3-101 |
of the Code of Civil Procedure. |
(Source: P.A. 82-783.)
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(225 ILCS 10/18) (from Ch. 23, par. 2228) |
Sec. 18. Any person, group of persons, association , or |
corporation who , with respect to a child care facility other |
than a day care center, day care home, or group day care home: |
(1) conducts, operates , or acts as a child care facility |
without a license or permit to do so in violation of Section 3 |
of this Act; |
(2) makes materially false statements in order to obtain a |
license or permit; |
(3) fails to keep the records and make the reports |
provided under this Act; |
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(4) advertises any service not authorized by license or |
permit held; |
(5) publishes any advertisement in violation of this Act; |
(6) receives within this State any child in violation of |
Section 16 of this Act; or |
(7) violates any other provision of this Act or any |
reasonable rule or regulation adopted and published by the |
Department for the enforcement of the provisions of this Act, |
is guilty of a Class A misdemeanor and in case of an |
association or corporation, imprisonment may be imposed upon |
its officers who knowingly participated in the violation. |
Any child care facility (other than a day care center, day |
care home, or group day care home) that continues to operate |
after its license is revoked under Section 8 of this Act or |
after its license expires and the Department refused to renew |
the license as provided in Section 8 of this Act is guilty of a |
business offense and shall be fined an amount in excess of $500 |
but not exceeding $10,000, and each day of violation is a |
separate offense. |
In a prosecution under this Act, a defendant who relies |
upon the relationship of any child to the defendant has the |
burden of proof as to that relationship. |
(Source: P.A. 103-22, eff. 8-8-23; revised 9-21-23.)
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(225 ILCS 10/18.1 new) |
Sec. 18.1. Violations; day care center, day care home, or |
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group day care home. Any person, group of persons, |
association, or corporation that: |
(1) conducts, operates or acts as a day care center, |
day care home, or group day care home without a license or |
permit to do so in violation of Section 3.01 of this Act; |
(2) makes materially false statements in order to |
obtain a license or permit; |
(3) fails to keep the records and make the reports |
provided under this Act; |
(4) advertises any service not authorized by license |
or permit held; |
(5) publishes any advertisement in violation of this |
Act; |
(6) receives within this State any child in violation |
of Section 16.1 of this Act; or |
(7) violates any other provision of this Act or any |
reasonable rule or regulation adopted and published by the |
Department of Early Childhood for the enforcement of the |
provisions of this Act, |
is guilty of a Class A misdemeanor and, in the case of an |
association or corporation, imprisonment may be imposed upon |
its officers who knowingly participated in the violation. |
Any day care center, day care home, or group day care home |
that continues to operate after its license is revoked under |
Section 8 or 8a of this Act or after its license expires and |
the Department of Early Childhood refused to renew the license |
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as provided in Section 8 or 8a of this Act is guilty of a |
business offense and shall be fined an amount in excess of $500 |
but not exceeding $10,000. Each day of violation is a separate |
offense. |
In a prosecution under this Act, a defendant who relies |
upon the relationship of any child to the defendant has the |
burden of proof as to that relationship.
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ARTICLE 99. NONACCELERATION, SEVERABILITY, |
AND |
EFFECTIVE DATE
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Section 99-1. No acceleration or delay. Where this Act |
makes changes in a statute that is represented in this Act by |
text that is not yet or no longer in effect (for example, a |
Section represented by multiple versions), the use of that |
text does not accelerate or delay the taking effect of (i) the |
changes made by this Act or (ii) provisions derived from any |
other Public Act.
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Section 99-5. Severability. The provisions of this Act are |
severable under Section 1.31 of the Statute on Statutes.
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