Public Act 103-0594

SB0001 Enrolled LRB103 25137 RJT 51476 b

AN ACT concerning education.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

ARTICLE 1. GENERAL PROVISIONS

Section 1-1. Short title. This Act may be cited as the

Department of Early Childhood Act.

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

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.

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

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.

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.

Section 1-15. Definitions. As used in this Act, unless the

context otherwise requires:

"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.

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

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.

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

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.

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

ensure representation of the needs of all Illinois children

and families.

ARTICLE 10. POWERS AND DUTIES RELATING TO EARLY INTERVENTION

SERVICES

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.

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

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

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.

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:

(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

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

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,

(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

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

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

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.

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.

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

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

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

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

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

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.

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,

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

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

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.

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

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

(j) report annually to the Council.

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

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

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

(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.

Section 10-50. Authority to adopt rules. The lead agency

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).

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

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.

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

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.

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

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.

(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

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

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.

(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.

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

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.

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

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

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

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

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.

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

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

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

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

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.

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.

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

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

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.

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

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;

Field Work Students;

Food Service;

Normal Education;

In-Service Training;

Intake or Evaluation, or both;

Medical Services;

Recreation;

Social Work or Counselling, or both;

Supportive Staff;

Volunteers.

OBJECT EXPENSES

Professional Fees and Contract Service Payments;

Supplies;

Telephone and Telegram;

Occupancy;

Local Transportation;

Equipment and Other Fixed Assets, including amortization

of same;

Miscellaneous.

ADMINISTRATIVE COSTS

Program Administration;

Supervision and Consultation;

Inspection and Monitoring for purposes of issuing

licenses;

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

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

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.)

(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,

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.)

(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

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.

(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,

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)

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

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.)

(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

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.

(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

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.)

(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

center, day care home, or group day care home and by the

Department of Early Childhood.

(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

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.)

(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

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.

(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.)

(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;

(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.)

(225 ILCS 10/18.1 new)

Sec. 18.1. Violations; day care center, day care home, or

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

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.

ARTICLE 99. NONACCELERATION, SEVERABILITY,

AND

EFFECTIVE DATE

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.

Section 99-5. Severability. The provisions of this Act are

severable under Section 1.31 of the Statute on Statutes.