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1 AN ACT concerning education.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4
ARTICLE 1. GENERAL PROVISIONS
5 Section 1-1. Short title. This Act may be cited as the
6Department of Early Childhood Act.
7 Section 1-5. Findings. The General Assembly finds that:
8 (1) There are over 875,000 children under the age of 5 in
9Illinois, nearly half of whom are under the age of 3. At birth,
10a baby's brain is 25% the size of an adult's brain. Yet, an
11infant's brain has roughly 86 billion neurons, almost all the
12neurons the human brain will ever have.
13 (2) From 3 to 15 months, neuron connections form at a rate
14of 40,000 per second. By age 3, synaptic connections have
15grown to 100 trillion. Ages 3 to 5 are critical years to build
16executive function skills like focusing attention, remembering
17instructions, and demonstrating self-control. Without these
18skills, children are not fully equipped to learn when they
19enter kindergarten. By age 5, 90% of brain development is
20complete.
21 (3) Prenatal programs improve the regular care of birthing
22parents, reduce the risk of infant low birth weight and

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

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

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1 "Department" means the Department of Early Childhood.
2 "Secretary" means the Secretary of Early Childhood.
3 "Transferring agency" means the Department of Human
4Services, Department of Children and Family Services, and the
5State Board of Education.
6 Section 1-20. Department; Secretary; organization.
7 (a) The Department of Early Childhood is created and shall
8begin operation on July 1, 2024.
9 (b) The head officer of the Department is the Secretary.
10The Secretary shall be appointed by the Governor, with the
11advice and consent of the Senate. The initial term of the
12Secretary shall run from the date of appointment until January
1318, 2027, and until a successor has been appointed and
14qualified. Thereafter, the Secretary's term shall be as
15provided in Section 5-610 of the Civil Administrative Code of
16Illinois. The Department may employ or retain other persons to
17assist in the discharge of its functions, subject to the
18Personnel Code.
19 (c) The Governor may, with the advice and consent of the
20Senate, appoint an appropriate number of persons to serve as
21Assistant Secretaries to head the major programmatic divisions
22of the Department. Assistant Secretaries shall not be subject
23to the Personnel Code.
24 (d) The Secretary shall create divisions and
25administrative units within the Department and shall assign

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

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1Department under this Act, except that Section 5-35 of the
2Illinois Administrative Procedure Act relating to procedures
3for rulemaking does not apply to the adoption of any rule
4required by federal law in connection with which the
5Department is precluded by law from exercising any discretion.
6 (c) Procurements necessary for the Department of Early
7Childhood to implement this Act are subject to the Illinois
8Procurement Code, except as otherwise provided in paragraph
9(25) of subsection (b) of Section 1-10 of that Code. The
10Department of Early Childhood is subject to the Business
11Enterprise for Minorities, Women, and Persons with
12Disabilities Act.
13 Section 1-35. Advisory body. By July 1, 2026, the
14Department shall create or designate an advisory body to
15counsel the Department on an ongoing basis, ensuring the
16Department functions with transparency, operates with a
17commitment to centering racial equity and to meaningful
18inclusion of parent, early childhood service provider, and
19other public stakeholder engagement, feedback, and counsel,
20including the creation of committees or working groups, and
21devotes appropriate attention to data collection and timely
22public reporting. This advisory body's membership shall
23include representation from both public and private
24organizations, and its membership shall reflect the regional,
25racial, socioeconomic, and cultural diversity of the State to

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1ensure representation of the needs of all Illinois children
2and families.
3
ARTICLE 10. POWERS AND DUTIES RELATING TO EARLY INTERVENTION
4
SERVICES
5 Section 10-5. Transition planning. Beginning July 1, 2024,
6the Department of Early Childhood and the Department of Human
7Services shall collaborate and plan for the transition of
8administrative responsibilities as prescribed in the Early
9Intervention Services System Act.
10 Section 10-10. Legislative findings and policy.
11 (a) The General Assembly finds that there is an urgent and
12substantial need to:
13 (1) enhance the development of all eligible infants
14 and toddlers in the State of Illinois in order to minimize
15 developmental delay and maximize individual potential for
16 adult independence;
17 (2) enhance the capacity of families to meet the
18 special needs of eligible infants and toddlers including
19 the purchase of services when necessary;
20 (3) reduce educational costs by minimizing the need
21 for special education and related services when eligible
22 infants and toddlers reach school age;
23 (4) enhance the independence, productivity and

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1 integration with age-appropriate peers of eligible
2 children and their families;
3 (5) reduce social services costs and minimize the need
4 for institutionalization; and
5 (6) prevent secondary impairments and disabilities by
6 improving the health of infants and toddlers, thereby
7 reducing health costs for the families and the State.
8 (b) The General Assembly therefore intends that the
9 policy of this State shall be to:
10 (1) affirm the importance of the family in all areas
11 of the child's development and reinforce the role of the
12 family as a participant in the decision-making processes
13 regarding their child;
14 (2) provide assistance and support to eligible infants
15 and toddlers and their families to address the individual
16 concerns and decisions of each family;
17 (3) develop and implement, on a statewide basis,
18 locally based comprehensive, coordinated,
19 interdisciplinary, interagency early intervention
20 services for all eligible infants and toddlers;
21 (4) enhance the local communities' capacity to provide
22 an array of quality early intervention services;
23 (5) identify and coordinate all available resources
24 for early intervention within the State including those
25 from federal, State, local and private sources;
26 (6) provide financial and technical assistance to

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1 local communities for the purposes of coordinating early
2 intervention services in local communities and enhancing
3 the communities' capacity to provide individualized early
4 intervention services to all eligible infants and toddlers
5 in their homes or in community environments; and
6 (7) affirm that eligible infants and toddlers have a
7 right to receive early intervention services to the
8 maximum extent appropriate, in natural environments in
9 which infants and toddlers without disabilities would
10 participate.
11 (c) The General Assembly further finds that early
12intervention services are cost-effective and effectively serve
13the developmental needs of eligible infants and toddlers and
14their families. Therefore, the purpose of this Act is to
15provide a comprehensive, coordinated, interagency,
16interdisciplinary early intervention services system for
17eligible infants and toddlers and their families by enhancing
18the capacity to provide quality early intervention services,
19expanding and improving existing services, and facilitating
20coordination of payments for early intervention services from
21various public and private sources.
22 Section 10-15. Definitions. As used in this Act:
23 (a) "Eligible infants and toddlers" means infants and
24toddlers under 36 months of age with any of the following
25conditions:

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1 (1) Developmental delays.
2 (2) A physical or mental condition which typically
3 results in developmental delay.
4 (3) Being at risk of having substantial developmental
5 delays based on informed clinical opinion.
6 (4) Either (A) having entered the program under any of
7 the circumstances listed in paragraphs (1) through (3) of
8 this subsection but no longer meeting the current
9 eligibility criteria under those paragraphs, and
10 continuing to have any measurable delay, or (B) not having
11 attained a level of development in each area, including
12 (i) cognitive, (ii) physical (including vision and
13 hearing), (iii) language, speech, and communication, (iv)
14 social or emotional, or (v) adaptive, that is at least at
15 the mean of the child's age equivalent peers; and, in
16 addition to either item (A) or item (B), (C) having been
17 determined by the multidisciplinary individualized family
18 service plan team to require the continuation of early
19 intervention services in order to support continuing
20 developmental progress, pursuant to the child's needs and
21 provided in an appropriate developmental manner. The type,
22 frequency, and intensity of services shall differ from the
23 initial individualized family services plan because of the
24 child's developmental progress, and may consist of only
25 service coordination, evaluation, and assessments.
26 "Eligible infants and toddlers" includes any child under

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1the age of 3 who is the subject of a substantiated case of
2child abuse or neglect as defined in the federal Child Abuse
3Prevention and Treatment Act.
4 (b) "Developmental delay" means a delay in one or more of
5the following areas of childhood development as measured by
6appropriate diagnostic instruments and standard procedures:
7cognitive; physical, including vision and hearing; language,
8speech and communication; social or emotional; or adaptive.
9The term means a delay of 30% or more below the mean in
10function in one or more of those areas.
11 (c) "Physical or mental condition which typically results
12in developmental delay" means:
13 (1) a diagnosed medical disorder or exposure to a
14 toxic substance bearing a relatively well known expectancy
15 for developmental outcomes within varying ranges of
16 developmental disabilities; or
17 (2) a history of prenatal, perinatal, neonatal or
18 early developmental events suggestive of biological
19 insults to the developing central nervous system and which
20 either singly or collectively increase the probability of
21 developing a disability or delay based on a medical
22 history.
23 (d) "Informed clinical opinion" means both clinical
24observations and parental participation to determine
25eligibility by a consensus of a multidisciplinary team of 2 or
26more members based on their professional experience and

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1expertise.
2 (e) "Early intervention services" means services which:
3 (1) are designed to meet the developmental needs of
4 each child eligible under this Act and the needs of his or
5 her family;
6 (2) are selected in collaboration with the child's
7 family;
8 (3) are provided under public supervision;
9 (4) are provided at no cost except where a schedule of
10 sliding scale fees or other system of payments by families
11 has been adopted in accordance with State and federal law;
12 (5) are designed to meet an infant's or toddler's
13 developmental needs in any of the following areas:
14 (A) physical development, including vision and
15 hearing,
16 (B) cognitive development,
17 (C) communication development,
18 (D) social or emotional development, or
19 (E) adaptive development;
20 (6) meet the standards of the State, including the
21 requirements of this Act;
22 (7) include one or more of the following:
23 (A) family training,
24 (B) social work services, including counseling,
25 and home visits,
26 (C) special instruction,

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1 (D) speech, language pathology and audiology,
2 (E) occupational therapy,
3 (F) physical therapy,
4 (G) psychological services,
5 (H) service coordination services,
6 (I) medical services only for diagnostic or
7 evaluation purposes,
8 (J) early identification, screening, and
9 assessment services,
10 (K) health services specified by the lead agency
11 as necessary to enable the infant or toddler to
12 benefit from the other early intervention services,
13 (L) vision services,
14 (M) transportation,
15 (N) assistive technology devices and services,
16 (O) nursing services,
17 (P) nutrition services, and
18 (Q) sign language and cued language services;
19 (8) are provided by qualified personnel, including but
20 not limited to:
21 (A) child development specialists or special
22 educators, including teachers of children with hearing
23 impairments (including deafness) and teachers of
24 children with vision impairments (including
25 blindness),
26 (B) speech and language pathologists and

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1 audiologists,
2 (C) occupational therapists,
3 (D) physical therapists,
4 (E) social workers,
5 (F) nurses,
6 (G) dietitian nutritionists,
7 (H) vision specialists, including ophthalmologists
8 and optometrists,
9 (I) psychologists, and
10 (J) physicians;
11 (9) are provided in conformity with an Individualized
12 Family Service Plan;
13 (10) are provided throughout the year; and
14 (11) are provided in natural environments, to the
15 maximum extent appropriate, which may include the home and
16 community settings, unless justification is provided
17 consistent with federal regulations adopted under Sections
18 1431 through 1444 of Title 20 of the United States Code.
19 (f) "Individualized Family Service Plan" or "Plan" means a
20written plan for providing early intervention services to a
21child eligible under this Act and the child's family, as set
22forth in Section 10-65.
23 (g) "Local interagency agreement" means an agreement
24entered into by local community and State and regional
25agencies receiving early intervention funds directly from the
26State and made in accordance with State interagency agreements

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1providing for the delivery of early intervention services
2within a local community area.
3 (h) "Council" means the Illinois Interagency Council on
4Early Intervention established under Section 10-30.
5 (i) "Lead agency" means the State agency responsible for
6administering this Act and receiving and disbursing public
7funds received in accordance with State and federal law and
8rules.
9 (i-5) "Central billing office" means the central billing
10office created by the lead agency under Section 10-75.
11 (j) "Child find" means a service which identifies eligible
12infants and toddlers.
13 (k) "Regional intake entity" means the lead agency's
14designated entity responsible for implementation of the Early
15Intervention Services System within its designated geographic
16area.
17 (l) "Early intervention provider" means an individual who
18is qualified, as defined by the lead agency, to provide one or
19more types of early intervention services, and who has
20enrolled as a provider in the early intervention program.
21 (m) "Fully credentialed early intervention provider" means
22an individual who has met the standards in the State
23applicable to the relevant profession, and has met such other
24qualifications as the lead agency has determined are suitable
25for personnel providing early intervention services, including
26pediatric experience, education, and continuing education. The

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1lead agency shall establish these qualifications by rule filed
2no later than 180 days after the effective date of this Act.
3 (n) "Telehealth" has the meaning given to that term in
4Section 5 of the Telehealth Act.
5 (o) "Department" means Department of Early Childhood
6unless otherwise specified.
7 Section 10-25. Services delivered by telehealth. An early
8intervention provider may deliver via telehealth any type of
9early intervention service outlined in subsection (e) of
10Section 10-15 to the extent of the early intervention
11provider's scope of practice as established in the provider's
12respective licensing Act consistent with the standards of care
13for in-person services. This Section shall not be construed to
14alter the scope of practice of any early intervention provider
15or authorize the delivery of early intervention services in a
16setting or in a manner not otherwise authorized by the laws of
17this State.
18 Section 10-30. Illinois Interagency Council on Early
19Intervention.
20 (a) There is established the Illinois Interagency Council
21on Early Intervention. The Council shall be composed of at
22least 20 but not more than 30 members. The members of the
23Council and the designated chairperson of the Council shall be
24appointed by the Governor. The Council member representing the

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

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1 professional personnel to serve infants and toddlers
2 similar to those eligible for services under this Act;
3 (E) Two members shall be from advocacy organizations
4 with expertise in improving health, development, and
5 educational outcomes for infants and toddlers with
6 disabilities;
7 (F) One member shall be a Child and Family Connections
8 manager from a rural district;
9 (G) One member shall be a Child and Family Connections
10 manager from an urban district;
11 (H) One member shall be the co-chair of the Illinois
12 Early Learning Council (or their designee); and
13 (I) Members representing the following agencies or
14 entities: the Department of Human Services; the State
15 Board of Education; the Department of Public Health; the
16 Department of Children and Family Services; the University
17 of Illinois Division of Specialized Care for Children; the
18 Illinois Council on Developmental Disabilities; Head Start
19 or Early Head Start; and the Department of Human Services'
20 Division of Mental Health. A member may represent one or
21 more of the listed agencies or entities.
22 The Council shall meet at least quarterly and in such
23places as it deems necessary. The Council shall be a
24continuation of the Council that was created under Section 4
25of the Early Intervention Services System Act and that is
26repealed on July 1, 2026 by Section 20.1 of the Early

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1Intervention Services System Act. Members serving on June 30,
22026 who have served more than 2 consecutive terms shall
3continue to serve on the Council on and after July 1, 2026.
4Once appointed, members shall continue to serve until their
5successors are appointed. Successors appointed under paragraph
6(2) shall serve 3-year terms. No member shall be appointed to
7serve more than 2 consecutive terms.
8 Council members shall serve without compensation but shall
9be reimbursed for reasonable costs incurred in the performance
10of their duties, including costs related to child care, and
11parents may be paid a stipend in accordance with applicable
12requirements.
13 The Council shall prepare and approve a budget using funds
14appropriated for the purpose to hire staff, and obtain the
15services of such professional, technical, and clerical
16personnel as may be necessary to carry out its functions under
17this Act. This funding support and staff shall be directed by
18the lead agency.
19 (b) The Council shall:
20 (1) advise and assist the lead agency in the
21 performance of its responsibilities including but not
22 limited to the identification of sources of fiscal and
23 other support services for early intervention programs,
24 and the promotion of interagency agreements which assign
25 financial responsibility to the appropriate agencies;
26 (2) advise and assist the lead agency in the

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1 preparation of applications and amendments to
2 applications;
3 (3) review and advise on relevant rules and standards
4 proposed by the related State agencies;
5 (4) advise and assist the lead agency in the
6 development, implementation and evaluation of the
7 comprehensive early intervention services system;
8 (4.5) coordinate and collaborate with State
9 interagency early learning initiatives, as appropriate;
10 and
11 (5) prepare and submit an annual report to the
12 Governor and to the General Assembly on the status of
13 early intervention programs for eligible infants and
14 toddlers and their families in Illinois. The annual report
15 shall include (i) the estimated number of eligible infants
16 and toddlers in this State, (ii) the number of eligible
17 infants and toddlers who have received services under this
18 Act and the cost of providing those services, and (iii)
19 the estimated cost of providing services under this Act to
20 all eligible infants and toddlers in this State. The
21 report shall be posted by the lead agency on the early
22 intervention website as required under paragraph (f) of
23 Section 10-35 of this Act.
24 No member of the Council shall cast a vote on or
25participate substantially in any matter which would provide a
26direct financial benefit to that member or otherwise give the

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1appearance of a conflict of interest under State law. All
2provisions and reporting requirements of the Illinois
3Governmental Ethics Act shall apply to Council members.
4 Section 10-35. Lead agency. Through June 30, 2026, the
5Department of Human Services is designated the lead agency and
6shall provide leadership in establishing and implementing the
7coordinated, comprehensive, interagency and interdisciplinary
8system of early intervention services. On and after July 1,
92026, the Department of Early Childhood is designated the lead
10agency and shall provide leadership in establishing and
11implementing the coordinated, comprehensive, interagency and
12interdisciplinary system of early intervention services. The
13lead agency shall not have the sole responsibility for
14providing these services. Each participating State agency
15shall continue to coordinate those early intervention services
16relating to health, social service and education provided
17under this authority.
18 The lead agency is responsible for carrying out the
19following:
20 (a) The general administration, supervision, and
21 monitoring of programs and activities receiving assistance
22 under Section 673 of the Individuals with Disabilities
23 Education Act (20 United States Code 1473).
24 (b) The identification and coordination of all
25 available resources within the State from federal, State,

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1 local and private sources.
2 (c) The development of procedures to ensure that
3 services are provided to eligible infants and toddlers and
4 their families in a timely manner pending the resolution
5 of any disputes among public agencies or service
6 providers.
7 (d) The resolution of intra-agency and interagency
8 regulatory and procedural disputes.
9 (e) The development and implementation of formal
10 interagency agreements, and the entry into such
11 agreements, between the lead agency and (i) the Department
12 of Healthcare and Family Services, (ii) the University of
13 Illinois Division of Specialized Care for Children, and
14 (iii) other relevant State agencies that:
15 (1) define the financial responsibility of each
16 agency for paying for early intervention services
17 (consistent with existing State and federal law and
18 rules, including the requirement that early
19 intervention funds be used as the payor of last
20 resort), a hierarchical order of payment as among the
21 agencies for early intervention services that are
22 covered under or may be paid by programs in other
23 agencies, and procedures for direct billing,
24 collecting reimbursements for payments made, and
25 resolving service and payment disputes; and
26 (2) include all additional components necessary to

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1 ensure meaningful cooperation and coordination. By
2 January 31, 2027, interagency agreements under this
3 paragraph (e) must be reviewed and revised to
4 implement the purposes of this Act.
5 (f) The maintenance of an early intervention website.
6 The lead agency shall post and keep posted on this website
7 the following: (i) the current annual report required
8 under subdivision (b)(5) of Section 10-30 of this Act, and
9 the annual reports of the prior 3 years, (ii) the most
10 recent Illinois application for funds prepared under
11 Section 637 of the Individuals with Disabilities Education
12 Act filed with the United States Department of Education,
13 (iii) proposed modifications of the application prepared
14 for public comment, (iv) notice of Council meetings,
15 Council agendas, and minutes of its proceedings for at
16 least the previous year, (v) proposed and final early
17 intervention rules, and (vi) all reports created for
18 dissemination to the public that are related to the early
19 intervention program, including reports prepared at the
20 request of the Council and the General Assembly. Each such
21 document shall be posted on the website within 3 working
22 days after the document's completion.
23 (g) Before adopting any new policy or procedure
24 (including any revisions to an existing policy or
25 procedure) needed to comply with Part C of the Individuals
26 with Disabilities Education Act, the lead agency must hold

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1 public hearings on the new policy or procedure, provide
2 notice of the hearings at least 30 days before the
3 hearings are conducted to enable public participation, and
4 provide an opportunity for the general public, including
5 individuals with disabilities and parents of infants and
6 toddlers with disabilities, early intervention providers,
7 and members of the Council to comment for at least 30 days
8 on the new policy or procedure needed to comply with Part C
9 of the Individuals with Disabilities Education Act and
10 with 34 CFR Part 300 and Part 303.
11 Section 10-40. Local structure and interagency councils.
12The lead agency, in conjunction with the Council and as
13defined by administrative rule, shall define local service
14areas and define the geographic boundaries of each so that all
15areas of the State are included in a local service area but no
16area of the State is included in more than one service area. In
17each local service area, the lead agency shall designate a
18regional entity responsible for the assessment of eligibility
19and services and a local interagency council responsible for
20coordination and design of child find and public awareness.
21The regional entity shall be responsible for staffing the
22local council, carrying out child find and public awareness
23activities, and providing advocacy for eligible families
24within the given geographic area. The regional entity is the
25prime contractor responsible to the lead agency for

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1implementation of this Act.
2 The lead agency, in conjunction with the Council, shall
3create local interagency councils. Members of each local
4interagency council shall include, but not be limited to, the
5following: parents; representatives from coordination and
6advocacy service providers; local education agencies; other
7local public and private service providers; representatives
8from State agencies at the local level; and others deemed
9necessary by the local council.
10 Local interagency councils shall:
11 (a) assist in the development of collaborative
12 agreements between local service providers, diagnostic and
13 other agencies providing additional services to the child
14 and family;
15 (b) assist in conducting local needs assessments and
16 planning efforts;
17 (c) identify and resolve local access issues;
18 (d) conduct collaborative child find activities;
19 (e) coordinate public awareness initiatives;
20 (f) coordinate local planning and evaluation;
21 (g) assist in the recruitment of specialty personnel;
22 (h) develop plans for facilitating transition and
23 integration of eligible children and families into the
24 community;
25 (i) facilitate conflict resolution at the local level;
26 and

SB0001 Enrolled- 26 -LRB103 25137 RJT 51476 b
1 (j) report annually to the Council.
2 Section 10-45. Essential components of the statewide
3service system. As required by federal laws and regulations, a
4statewide system of coordinated, comprehensive, interagency
5and interdisciplinary programs shall be established and
6maintained. The framework of the statewide system shall be
7based on the components set forth in this Section. This
8framework shall be used for planning, implementation,
9coordination and evaluation of the statewide system of locally
10based early intervention services.
11 The statewide system shall include, at a minimum:
12 (a) a definition of the term "developmentally
13 delayed", in accordance with the definition in Section
14 10-15, that will be used in Illinois in carrying out
15 programs under this Act;
16 (b) timetables for ensuring that appropriate early
17 intervention services, based on scientifically based
18 research, to the extent practicable, will be available to
19 all eligible infants and toddlers in this State after the
20 effective date of this Act;
21 (c) a timely, comprehensive, multidisciplinary
22 evaluation of each potentially eligible infant and toddler
23 in this State, unless the child meets the definition of
24 eligibility based upon his or her medical and other
25 records; for a child determined eligible, a

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1 multidisciplinary assessment of the unique strengths and
2 needs of that infant or toddler and the identification of
3 services appropriate to meet those needs and a
4 family-directed assessment of the resources, priorities,
5 and concerns of the family and the identification of
6 supports and services necessary to enhance the family's
7 capacity to meet the developmental needs of that infant or
8 toddler;
9 (d) for each eligible infant and toddler, an
10 Individualized Family Service Plan, including service
11 coordination (case management) services;
12 (e) a comprehensive child find system, consistent with
13 Part B of the Individuals with Disabilities Education Act
14 (20 United States Code 1411 through 1420 and as set forth
15 in 34 CFR 300.115), which includes timelines and provides
16 for participation by primary referral sources;
17 (f) a public awareness program focusing on early
18 identification of eligible infants and toddlers;
19 (g) a central directory which includes public and
20 private early intervention services, resources, and
21 experts available in this State, professional and other
22 groups (including parent support groups and training and
23 information centers) that provide assistance to infants
24 and toddlers with disabilities who are eligible for early
25 intervention programs assisted under Part C of the
26 Individuals with Disabilities Education Act and their

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1 families, and research and demonstration projects being
2 conducted in this State relating to infants and toddlers
3 with disabilities;
4 (h) a comprehensive system of personnel development;
5 (i) a policy pertaining to the contracting or making
6 of other arrangements with public and private service
7 providers to provide early intervention services in this
8 State, consistent with the provisions of this Act,
9 including the contents of the application used and the
10 conditions of the contract or other arrangements;
11 (j) a procedure for securing timely reimbursement of
12 funds;
13 (k) procedural safeguards with respect to programs
14 under this Act;
15 (l) policies and procedures relating to the
16 establishment and maintenance of standards to ensure that
17 personnel necessary to carry out this Act are
18 appropriately and adequately prepared and trained;
19 (m) a system of evaluation of, and compliance with,
20 program standards;
21 (n) a system for compiling data on the numbers of
22 eligible infants and toddlers and their families in this
23 State in need of appropriate early intervention services;
24 the numbers served; the types of services provided; and
25 other information required by the State or federal
26 government; and

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1 (o) a single line of responsibility in a lead agency
2 designated by the Governor to carry out its
3 responsibilities as required by this Act.
4 In addition to these required components, linkages may be
5established within a local community area among the prenatal
6initiatives affording services to high risk pregnant women.
7Additional linkages among at risk programs and local literacy
8programs may also be established.
9 On and after July 1, 2026, the Department of Early
10Childhood shall continue implementation of the 5-fiscal-year
11implementation plan that was created by the Department of
12Human Services with the concurrence of the Interagency Council
13on Early Intervention. The plan shall list specific activities
14to be accomplished each year, with cost estimates for each
15activity. The lead agency shall, with the concurrence of the
16Interagency Council, submit to the Governor's Office a report
17on accomplishments of the previous year and a revised list of
18activities for the remainder of the 5-fiscal-year plan, with
19cost estimates for each. The Governor shall certify that
20specific activities in the plan for the previous year have
21been substantially completed before authorizing relevant State
22or local agencies to implement activities listed in the
23revised plan that depend substantially upon completion of one
24or more of the earlier activities.
25 Section 10-50. Authority to adopt rules. The lead agency

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1shall adopt rules under this Act. These rules shall reflect
2the intent of federal regulations adopted under Part C of the
3Individuals with Disabilities Education Improvement Act of
42004 (Sections 1431 through 1444 of Title 20 of the United
5States Code).
6 Section 10-55. Role of other State entities. The
7Departments of Public Health, Early Childhood, Human Services,
8Children and Family Services, and Healthcare and Family
9Services; the University of Illinois Division of Specialized
10Care for Children; the State Board of Education; and any other
11State agency which directly or indirectly provides or
12administers early intervention services shall adopt compatible
13rules for the provision of services to eligible infants and
14toddlers and their families by July 1, 2026.
15 These agencies shall enter into and maintain formal
16interagency agreements to enable the State and local agencies
17serving eligible children and their families to establish
18working relationships that will increase the efficiency and
19effectiveness of their early intervention services. The
20agreements shall outline the administrative, program and
21financial responsibilities of the relevant State agencies and
22shall implement a coordinated service delivery system through
23local interagency agreements.
24 There shall be created in the Office of the Governor an
25Early Childhood Intervention Ombudsman to assist families and

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1local parties in ensuring that all State agencies serving
2eligible families do so in a comprehensive and collaborative
3manner. The Governor shall appoint the Ombudsman, which shall
4be a continuation of the position that was created under
5Section 9 of the Early Intervention Services System Act and
6that is repealed on July 1, 2026 by Section 20.1 of the Early
7Intervention Services System Act.
8 Section 10-60. Standards. The Council and the lead agency,
9with assistance from parents and providers, shall develop and
10promulgate policies and procedures relating to the
11establishment and implementation of program and personnel
12standards to ensure that services provided are consistent with
13any State-approved or recognized certification, licensing,
14registration, or other comparable requirements which apply to
15the area of early intervention program service standards. Only
16State-approved public or private early intervention service
17providers shall be eligible to receive State and federal
18funding for early intervention services. All early childhood
19intervention staff shall hold the highest entry requirement
20necessary for that position.
21 To be a State-approved early intervention service
22provider, an individual (i) shall not have served or
23completed, within the preceding 5 years, a sentence for
24conviction of any felony that the lead agency establishes by
25rule and (ii) shall not have been indicated as a perpetrator of

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1child abuse or neglect, within the preceding 5 years, in an
2investigation by Illinois (pursuant to the Abused and
3Neglected Child Reporting Act) or another state. The Lead
4Agency is authorized to receive criminal background checks for
5such providers and persons applying to be such a provider and
6to receive child abuse and neglect reports regarding indicated
7perpetrators who are applying to provide or currently
8authorized to provide early intervention services in Illinois.
9Beginning January 1, 2004, every provider of State-approved
10early intervention services and every applicant to provide
11such services must authorize, in writing and in the form
12required by the lead agency, a State and FBI criminal
13background check, as requested by the Department, and check of
14child abuse and neglect reports regarding the provider or
15applicant as a condition of authorization to provide early
16intervention services. The lead agency shall use the results
17of the checks only to determine State approval of the early
18intervention service provider and shall not re-release the
19information except as necessary to accomplish that purpose.
20 Section 10-65. Individualized Family Service Plans.
21 (a) Each eligible infant or toddler and that infant's or
22toddler's family shall receive:
23 (1) timely, comprehensive, multidisciplinary
24 assessment of the unique strengths and needs of each
25 eligible infant and toddler, and assessment of the

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

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1 (b) The Individualized Family Service Plan shall be
2evaluated once a year and the family shall be provided a review
3of the Plan at 6-month intervals or more often where
4appropriate based on infant or toddler and family needs. The
5lead agency shall create a quality review process regarding
6Individualized Family Service Plan development and changes
7thereto, to monitor and help ensure that resources are being
8used to provide appropriate early intervention services.
9 (c) The initial evaluation and initial assessment and
10initial Plan meeting must be held within 45 days after the
11initial contact with the early intervention services system.
12The 45-day timeline does not apply for any period when the
13child or parent is unavailable to complete the initial
14evaluation, the initial assessments of the child and family,
15or the initial Plan meeting, due to exceptional family
16circumstances that are documented in the child's early
17intervention records, or when the parent has not provided
18consent for the initial evaluation or the initial assessment
19of the child despite documented, repeated attempts to obtain
20parental consent. As soon as exceptional family circumstances
21no longer exist or parental consent has been obtained, the
22initial evaluation, the initial assessment, and the initial
23Plan meeting must be completed as soon as possible. With
24parental consent, early intervention services may commence
25before the completion of the comprehensive assessment and
26development of the Plan. All early intervention services shall

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1be initiated as soon as possible but not later than 30 calendar
2days after the consent of the parent or guardian has been
3obtained for the individualized family service plan, in
4accordance with rules adopted by the lead agency.
5 (d) Parents must be informed that early intervention
6services shall be provided to each eligible infant and
7toddler, to the maximum extent appropriate, in the natural
8environment, which may include the home or other community
9settings. Parents must also be informed of the availability of
10early intervention services provided through telehealth
11services. Parents shall make the final decision to accept or
12decline early intervention services, including whether
13accepted services are delivered in person or via telehealth
14services. A decision to decline such services shall not be a
15basis for administrative determination of parental fitness, or
16other findings or sanctions against the parents. Parameters of
17the Plan shall be set forth in rules.
18 (e) The regional intake offices shall explain to each
19family, orally and in writing, all of the following:
20 (1) That the early intervention program will pay for
21 all early intervention services set forth in the
22 individualized family service plan that are not covered or
23 paid under the family's public or private insurance plan
24 or policy and not eligible for payment through any other
25 third party payor.
26 (2) That services will not be delayed due to any rules

SB0001 Enrolled- 36 -LRB103 25137 RJT 51476 b
1 or restrictions under the family's insurance plan or
2 policy.
3 (3) That the family may request, with appropriate
4 documentation supporting the request, a determination of
5 an exemption from private insurance use under Section
6 10-100.
7 (4) That responsibility for co-payments or
8 co-insurance under a family's private insurance plan or
9 policy will be transferred to the lead agency's central
10 billing office.
11 (5) That families will be responsible for payments of
12 family fees, which will be based on a sliding scale
13 according to the State's definition of ability to pay
14 which is comparing household size and income to the
15 sliding scale and considering out-of-pocket medical or
16 disaster expenses, and that these fees are payable to the
17 central billing office. Families who fail to provide
18 income information shall be charged the maximum amount on
19 the sliding scale.
20 (f) The individualized family service plan must state
21whether the family has private insurance coverage and, if the
22family has such coverage, must have attached to it a copy of
23the family's insurance identification card or otherwise
24include all of the following information:
25 (1) The name, address, and telephone number of the
26 insurance carrier.

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1 (2) The contract number and policy number of the
2 insurance plan.
3 (3) The name, address, and social security number of
4 the primary insured.
5 (4) The beginning date of the insurance benefit year.
6 (g) A copy of the individualized family service plan must
7be provided to each enrolled provider who is providing early
8intervention services to the child who is the subject of that
9plan.
10 (h) Children receiving services under this Act shall
11receive a smooth and effective transition by their third
12birthday consistent with federal regulations adopted pursuant
13to Sections 1431 through 1444 of Title 20 of the United States
14Code. Beginning January 1, 2022, children who receive early
15intervention services prior to their third birthday and are
16found eligible for an individualized education program under
17the Individuals with Disabilities Education Act, 20 U.S.C.
181414(d)(1)(A), and under Section 14-8.02 of the School Code
19and whose birthday falls between May 1 and August 31 may
20continue to receive early intervention services until the
21beginning of the school year following their third birthday in
22order to minimize gaps in services, ensure better continuity
23of care, and align practices for the enrollment of preschool
24children with special needs to the enrollment practices of
25typically developing preschool children.

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1 Section 10-70. Procedural safeguards. The lead agency
2shall adopt procedural safeguards that meet federal
3requirements and ensure effective implementation of the
4safeguards for families by each public agency involved in the
5provision of early intervention services under this Act.
6 The procedural safeguards shall provide, at a minimum, the
7following:
8 (a) The timely administrative resolution of State
9complaints, due process hearings, and mediations as defined by
10administrative rule.
11 (b) The right to confidentiality of personally
12identifiable information.
13 (c) The opportunity for parents and a guardian to examine
14and receive copies of records relating to evaluations and
15assessments, screening, eligibility determinations, and the
16development and implementation of the Individualized Family
17Service Plan provision of early intervention services,
18individual complaints involving the child, or any part of the
19child's early intervention record.
20 (d) Procedures to protect the rights of the eligible
21infant or toddler whenever the parents or guardians of the
22child are not known or unavailable or the child is a youth in
23care as defined in Section 4d of the Children and Family
24Services Act, including the assignment of an individual (who
25shall not be an employee of the State agency or local agency
26providing services) to act as a surrogate for the parents or

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1guardian. The regional intake entity must make reasonable
2efforts to ensure the assignment of a surrogate parent not
3more than 30 days after a public agency determines that the
4child needs a surrogate parent.
5 (e) Timely written prior notice to the parents or guardian
6of the eligible infant or toddler whenever the State agency or
7public or private service provider proposes to initiate or
8change or refuses to initiate or change the identification,
9evaluation, placement, or the provision of appropriate early
10intervention services to the eligible infant or toddler.
11 (f) Written prior notice to fully inform the parents or
12guardians, in their native language or mode of communication
13used by the parent, unless clearly not feasible to do so, in a
14comprehensible manner, of these procedural safeguards.
15 (g) During the pendency of any State complaint procedure,
16due process hearing, or mediation involving a complaint,
17unless the State agency and the parents or guardian otherwise
18agree, the child shall continue to receive the appropriate
19early intervention services currently being provided, or in
20the case of an application for initial services, the child
21shall receive the services not in dispute.
22 Section 10-75. Funding and fiscal responsibility.
23 (a) The lead agency and every other participating State
24agency may receive and expend funds appropriated by the
25General Assembly to implement the early intervention services

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1system as required by this Act.
2 (b) The lead agency and each participating State agency
3shall identify and report on an annual basis to the Council the
4State agency funds used for the provision of early
5intervention services to eligible infants and toddlers.
6 (c) Funds provided under Section 633 of the Individuals
7with Disabilities Education Act (20 United States Code 1433)
8and State funds designated or appropriated for early
9intervention services or programs may not be used to satisfy a
10financial commitment for services which would have been paid
11for from another public or private source but for the
12enactment of this Act, except whenever considered necessary to
13prevent delay in receiving appropriate early intervention
14services by the eligible infant or toddler or family in a
15timely manner. "Public or private source" includes public and
16private insurance coverage.
17 Funds provided under Section 633 of the Individuals with
18Disabilities Education Act and State funds designated or
19appropriated for early intervention services or programs may
20be used by the lead agency to pay the provider of services (A)
21pending reimbursement from the appropriate State agency or (B)
22if (i) the claim for payment is denied in whole or in part by a
23public or private source, or would be denied under the written
24terms of the public program or plan or private plan, or (ii)
25use of private insurance for the service has been exempted
26under Section 10-100. Payment under item (B)(i) may be made

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1based on a pre-determination telephone inquiry supported by
2written documentation of the denial supplied thereafter by the
3insurance carrier.
4 (d) Nothing in this Act shall be construed to permit the
5State to reduce medical or other assistance available or to
6alter eligibility under Title V and Title XIX of the Social
7Security Act relating to the Maternal Child Health Program and
8Medicaid for eligible infants and toddlers in this State.
9 (e) The lead agency shall create a central billing office
10to receive and dispense all relevant State and federal
11resources, as well as local government or independent
12resources available, for early intervention services. This
13office shall assure that maximum federal resources are
14utilized and that providers receive funds with minimal
15duplications or interagency reporting and with consolidated
16audit procedures.
17 (f) The lead agency shall, by rule, create a system of
18payments by families, including a schedule of fees. No fees,
19however, may be charged for implementing child find,
20evaluation and assessment, service coordination,
21administrative and coordination activities related to the
22development, review, and evaluation of Individualized Family
23Service Plans, or the implementation of procedural safeguards
24and other administrative components of the statewide early
25intervention system.
26 The system of payments, called family fees, shall be

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1structured on a sliding scale based on the family's ability to
2pay. The family's coverage or lack of coverage under a public
3or private insurance plan or policy shall not be a factor in
4determining the amount of the family fees.
5 Each family's fee obligation shall be established
6annually, and shall be paid by families to the central billing
7office in installments. At the written request of the family,
8the fee obligation shall be adjusted prospectively at any
9point during the year upon proof of a change in family income
10or family size. The inability of the parents of an eligible
11child to pay family fees due to catastrophic circumstances or
12extraordinary expenses shall not result in the denial of
13services to the child or the child's family. A family must
14document its extraordinary expenses or other catastrophic
15circumstances by showing one of the following: (i)
16out-of-pocket medical expenses in excess of 15% of gross
17income; (ii) a fire, flood, or other disaster causing a direct
18out-of-pocket loss in excess of 15% of gross income; or (iii)
19other catastrophic circumstances causing out-of-pocket losses
20in excess of 15% of gross income. The family must present proof
21of loss to its service coordinator, who shall document it, and
22the lead agency shall determine whether the fees shall be
23reduced, forgiven, or suspended within 10 business days after
24the family's request.
25 (g) To ensure that early intervention funds are used as
26the payor of last resort for early intervention services, the

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1lead agency shall determine at the point of early intervention
2intake, and again at any periodic review of eligibility
3thereafter or upon a change in family circumstances, whether
4the family is eligible for or enrolled in any program for which
5payment is made directly or through public or private
6insurance for any or all of the early intervention services
7made available under this Act. The lead agency shall establish
8procedures to ensure that payments are made either directly
9from these public and private sources instead of from State or
10federal early intervention funds, or as reimbursement for
11payments previously made from State or federal early
12intervention funds.
13 Section 10-80. Other programs.
14 (a) When an application or a review of eligibility for
15early intervention services is made, and at any eligibility
16redetermination thereafter, the family shall be asked if it is
17currently enrolled in any federally funded, Department of
18Healthcare and Family Services administered, medical programs,
19or the Title V program administered by the University of
20Illinois Division of Specialized Care for Children. If the
21family is enrolled in any of these programs, that information
22shall be put on the individualized family service plan and
23entered into the computerized case management system, and
24shall require that the individualized family services plan of
25a child who has been found eligible for services through the

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

SB0001 Enrolled- 45 -LRB103 25137 RJT 51476 b
1in the early intervention program and has been found to at
2least meet the threshold income eligibility requirements for
3any federally funded, Department of Healthcare and Family
4Services administered, medical programs, the regional intake
5entity shall complete an application for any federally funded,
6Department of Healthcare and Family Services administered,
7medical programs with the family and forward it to the
8Department of Healthcare and Family Services for a
9determination of eligibility. A parent shall not be required
10to enroll in any federally funded, Department of Healthcare
11and Family Services administered, medical programs as a
12condition of receiving services provided pursuant to Part C of
13the Individuals with Disabilities Education Act.
14 (d) With the cooperation of the Department of Healthcare
15and Family Services, the lead agency shall establish
16procedures that ensure the timely and maximum allowable
17recovery of payments for all early intervention services and
18allowable administrative costs under Article V of the Illinois
19Public Aid Code and the Children's Health Insurance Program
20Act and shall include those procedures in the interagency
21agreement required under subsection (e) of Section 10-35 of
22Article 10 of this Act.
23 (e) For purposes of making referrals for final
24determinations of eligibility for any federally funded,
25Department of Healthcare and Family Services administered,
26medical programs benefits under the Children's Health

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1Insurance Program Act and for medical assistance under Article
2V of the Illinois Public Aid Code, the lead agency shall
3require each early intervention regional intake entity to
4enroll as an application agent in order for the entity to
5complete any federally funded, Department of Healthcare and
6Family Services administered, medical programs application as
7authorized under Section 22 of the Children's Health Insurance
8Program Act.
9 (f) For purposes of early intervention services that may
10be provided by the Division of Specialized Care for Children
11of the University of Illinois (DSCC), the lead agency shall
12establish procedures whereby the early intervention regional
13intake entities may determine whether children enrolled in the
14early intervention program may also be eligible for those
15services, and shall develop, (i) the interagency agreement
16required under subsection (e) of Section 10-35 of this Act,
17establishing that early intervention funds are to be used as
18the payor of last resort when services required under an
19individualized family services plan may be provided to an
20eligible child through the DSCC, and (ii) training guidelines
21for the regional intake entities and providers that explain
22eligibility and billing procedures for services through DSCC.
23 (g) The lead agency shall require that an individual
24applying for or renewing enrollment as a provider of services
25in the early intervention program state whether or not he or
26she is also enrolled as a DSCC provider. This information

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1shall be noted next to the name of the provider on the
2computerized roster of Illinois early intervention providers,
3and regional intake entities shall make every effort to refer
4families eligible for DSCC services to these providers.
5 Section 10-85. Private health insurance; assignment. The
6lead agency shall determine, at the point of new applications
7for early intervention services, and for all children enrolled
8in the early intervention program, at the regional intake
9offices, whether the child is insured under a private health
10insurance plan or policy.
11 Section 10-90. Billing of insurance carrier.
12 (a) Subject to the restrictions against private insurance
13use on the basis of material risk of loss of coverage, as
14determined under Section 10-100, each enrolled provider who is
15providing a family with early intervention services shall bill
16the child's insurance carrier for each unit of early
17intervention service for which coverage may be available. The
18lead agency may exempt from the requirement of this paragraph
19any early intervention service that it has deemed not to be
20covered by insurance plans. When the service is not exempted,
21providers who receive a denial of payment on the basis that the
22service is not covered under any circumstance under the plan
23are not required to bill that carrier for that service again
24until the following insurance benefit year. That explanation

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1of benefits denying the claim, once submitted to the central
2billing office, shall be sufficient to meet the requirements
3of this paragraph as to subsequent services billed under the
4same billing code provided to that child during that insurance
5benefit year. Any time limit on a provider's filing of a claim
6for payment with the central billing office that is imposed
7through a policy, procedure, or rule of the lead agency shall
8be suspended until the provider receives an explanation of
9benefits or other final determination of the claim it files
10with the child's insurance carrier.
11 (b) In all instances when an insurance carrier has been
12billed for early intervention services, whether paid in full,
13paid in part, or denied by the carrier, the provider must
14provide the central billing office, within 90 days after
15receipt, with a copy of the explanation of benefits form and
16other information in the manner prescribed by the lead agency.
17 (c) When the insurance carrier has denied the claim or
18paid an amount for the early intervention service billed that
19is less than the current State rate for early intervention
20services, the provider shall submit the explanation of
21benefits with a claim for payment, and the lead agency shall
22pay the provider the difference between the sum actually paid
23by the insurance carrier for each unit of service provided
24under the individualized family service plan and the current
25State rate for early intervention services. The State shall
26also pay the family's co-payment or co-insurance under its

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1plan, but only to the extent that those payments plus the
2balance of the claim do not exceed the current State rate for
3early intervention services. The provider may under no
4circumstances bill the family for the difference between its
5charge for services and that which has been paid by the
6insurance carrier or by the State.
7 Section 10-95. Families with insurance coverage.
8 (a) Families of children with insurance coverage, whether
9public or private, shall incur no greater or less direct
10out-of-pocket expenses for early intervention services than
11families who are not insured.
12 (b) Managed care plans.
13 (1) Use of managed care network providers. When a
14 family's insurance coverage is through a managed care
15 arrangement with a network of providers that includes one
16 or more types of early intervention specialists who
17 provide the services set forth in the family's
18 individualized family service plan, the regional intake
19 entity shall require the family to use those network
20 providers, but only to the extent that:
21 (A) the network provider is immediately available
22 to receive the referral and to begin providing
23 services to the child;
24 (B) the network provider is enrolled as a provider
25 in the Illinois early intervention system and fully

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1 credentialed under the current policy or rule of the
2 lead agency;
3 (C) the network provider can provide the services
4 to the child in the manner required in the
5 individualized service plan;
6 (D) the family would not have to travel more than
7 an additional 15 miles or an additional 30 minutes to
8 the network provider than it would have to travel to a
9 non-network provider who is available to provide the
10 same service; and
11 (E) the family's managed care plan does not allow
12 for billing (even at a reduced rate or reduced
13 percentage of the claim) for early intervention
14 services provided by non-network providers.
15 (2) Transfers from non-network to network providers.
16 If a child has been receiving services from a non-network
17 provider and the regional intake entity determines, at the
18 time of enrollment in the early intervention program or at
19 any point thereafter, that the family is enrolled in a
20 managed care plan, the regional intake entity shall
21 require the family to transfer to a network provider
22 within 45 days after that determination, but within no
23 more than 60 days after the effective date of this Act, if:
24 (A) all the requirements of subdivision (b)(1) of
25 this Section have been met; and
26 (B) the child is less than 26 months of age.

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1 (3) Waivers. The lead agency may fully or partially
2 waive the network enrollment requirements of subdivision
3 (b)(1) of this Section and the transfer requirements of
4 subdivision (b)(2) of this Section as to a particular
5 region, or narrower geographic area, if it finds that the
6 managed care plans in that area are not allowing further
7 enrollment of early intervention providers and it finds
8 that referrals or transfers to network providers could
9 cause an overall shortage of early intervention providers
10 in that region of the State or could cause delays in
11 families securing the early intervention services set
12 forth in individualized family services plans.
13 (4) The lead agency, in conjunction with any entities
14 with which it may have contracted for the training and
15 credentialing of providers, the local interagency council
16 for early intervention, the regional intake entity, and
17 the enrolled providers in each region who wish to
18 participate, shall cooperate in developing a matrix and
19 action plan that (A) identifies both (i) which early
20 intervention providers and which fully credentialed early
21 intervention providers are members of the managed care
22 plans that are used in the region by families with
23 children in the early intervention program, and (ii) which
24 early intervention services, with what restrictions, if
25 any, are covered under those plans, (B) identifies which
26 credentialed specialists are members of which managed care

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1 plans in the region, and (C) identifies the various
2 managed care plans to early intervention providers,
3 encourages their enrollment in the area plans, and
4 provides them with information on how to enroll. These
5 matrices shall be complete no later than 7 months after
6 the effective date of this Act, and shall be provided to
7 the Early Intervention Legislative Advisory Committee at
8 that time. The lead agency shall work with networks that
9 may have closed enrollment to additional providers to
10 encourage their admission of early intervention providers,
11 and shall report to the Early Intervention Legislative
12 Advisory Committee on the initial results of these efforts
13 no later than February 1, 2002.
14 Section 10-100. Private insurance; exemption.
15 (a) The lead agency shall establish procedures for a
16family whose child is eligible to receive early intervention
17services to apply for an exemption restricting the use of its
18private insurance plan or policy based on material risk of
19loss of coverage as authorized under subsection (c) of this
20Section.
21 (b) The lead agency shall make a final determination on a
22request for an exemption within 10 business days after its
23receipt of a written request for an exemption at the regional
24intake entity. During those 10 days, no claims may be filed
25against the insurance plan or policy. If the exemption is

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1granted, it shall be noted on the individualized family
2service plan, and the family and the providers serving the
3family shall be notified in writing of the exemption.
4 (c) An exemption may be granted on the basis of material
5risk of loss of coverage only if the family submits
6documentation with its request for an exemption that
7establishes (i) that the insurance plan or policy covering the
8child is an individually purchased plan or policy and has been
9purchased by a head of a household that is not eligible for a
10group medical insurance plan, (ii) that the policy or plan has
11a lifetime cap that applies to one or more specific types of
12early intervention services specified in the family's
13individualized family service plan, and that coverage could be
14exhausted during the period covered by the individualized
15family service plan, or (iii) proof of another risk that the
16lead agency, in its discretion, may have additionally
17established and defined as a ground for exemption by rule.
18 (d) An exemption under this Section based on material risk
19of loss of coverage may apply to all early intervention
20services and all plans or policies insuring the child, may be
21limited to one or more plans or policies, or may be limited to
22one or more types of early intervention services in the
23child's individualized family services plan.
24 Section 10-105. System of personnel development. The lead
25agency shall provide training to early intervention providers

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1and may enter into contracts to meet this requirement in
2accordance with Section 1-30(c) of this Act. This training
3shall include, at minimum, the following types of instruction:
4 (a) Courses in birth-to-3 evaluation and treatment of
5children with developmental disabilities and delays (1) that
6are taught by fully credentialed early intervention providers
7or educators with substantial experience in evaluation and
8treatment of children from birth to age 3 with developmental
9disabilities and delays, (2) that cover these topics within
10each of the disciplines of audiology, occupational therapy,
11physical therapy, speech and language pathology, and
12developmental therapy, including the social-emotional domain
13of development, (3) that are held no less than twice per year,
14(4) that offer no fewer than 20 contact hours per year of
15course work, (5) that are held in no fewer than 5 separate
16locales throughout the State, and (6) that give enrollment
17priority to early intervention providers who do not meet the
18experience, education, or continuing education requirements
19necessary to be fully credentialed early intervention
20providers; and
21 (b) Courses held no less than twice per year for no fewer
22than 4 hours each in no fewer than 5 separate locales
23throughout the State each on the following topics:
24 (1) Practice and procedures of private insurance
25 billing.
26 (2) The role of the regional intake entities; service

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1 coordination; program eligibility determinations; family
2 fees; any federally funded, Department of Healthcare and
3 Family Services administered, medical programs, and
4 Division of Specialized Care applications, referrals, and
5 coordination with Early Intervention; and procedural
6 safeguards.
7 (3) Introduction to the early intervention program,
8 including provider enrollment and credentialing, overview
9 of Early Intervention program policies and rules, and
10 billing requirements.
11 (4) Evaluation and assessment of birth-to-3 children;
12 individualized family service plan development,
13 monitoring, and review; best practices; service
14 guidelines; and quality assurance.
15 Section 10-110. Contracting. In accordance with Section
161-30(c) of this Act, the lead agency may enter into contracts
17for some or all of its responsibilities under this Act,
18including, but not limited to: credentialing and enrolling
19providers; training under Section 10-105; maintaining a
20central billing office; data collection and analysis;
21establishing and maintaining a computerized case management
22system accessible to local referral offices and providers;
23creating and maintaining a system for provider credentialing
24and enrollment; creating and maintaining the central directory
25required under subsection (g) of Section 10-45 of this Act;

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1and program operations. Contracts with or grants to regional
2intake entities must be made subject to public bid under a
3request for proposals process.
4 Section 10-120. Early Intervention Services Revolving
5Fund. The Early Intervention Services Revolving Fund, created
6by Public Act 89-106, shall be held by the lead agency.
7 The Early Intervention Services Revolving Fund shall be
8used to the extent determined necessary by the lead agency to
9pay for early intervention services.
10 Local Accounts for such purposes may be established by the
11lead agency.
12 Expenditures from the Early Intervention Services
13Revolving Fund shall be made in accordance with applicable
14program provisions and shall be limited to those purposes and
15amounts specified under applicable program guidelines. Funding
16of the Fund shall be from family fees, insurance company
17payments, federal financial participation received as
18reimbursement for expenditures from the Fund, and
19appropriations made to the State agencies involved in the
20payment for early intervention services under this Act.
21 Disbursements from the Early Intervention Services
22Revolving Fund shall be made as determined by the lead agency
23or its designee. Funds in the Early Intervention Services
24Revolving Fund or the local accounts created under this
25Section that are not immediately required for expenditure may

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1be invested in certificates of deposit or other interest
2bearing accounts. Any interest earned shall be deposited in
3the Early Intervention Services Revolving Fund.
4
ARTICLE 15. POWERS AND DUTIES RELATING TO HOME-VISITING AND
5
PRESCHOOL SERVICES
6 Section 15-5. Transition of administrative
7responsibilities related to home-visiting services Beginning
8July 1, 2024, the Department of Early Childhood and the
9Department of Human Services shall collaborate and plan for
10the transition of administrative responsibilities related to
11home-visiting services as prescribed in Section 10-16 of the
12Department of Human Services Act.
13 Section 15-10. Home visiting program.
14 (a) The General Assembly finds that research-informed home
15visiting programs work to strengthen families' functioning and
16support parents in caring for their children to ensure optimal
17child development.
18 (b) Through June 30, 2026, the Department of Human
19Services shall administer a home visiting program to support
20communities in providing intensive home visiting programs to
21pregnant persons and families with children from birth up to
22elementary school enrollment. Services shall be offered on a
23voluntary basis to families. In awarding grants under the

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

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

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1Department.
2 (e) Funds received under this Section shall supplement,
3not supplant, other existing or new federal, State, or local
4sources of funding for these services. Any new federal funding
5received shall supplement and not supplant funding for this
6program.
7 (f) The Department administering home-visiting programs
8subject to Section 15-10 (b) and Section 15-10(b-5) shall
9collaborate with relevant agencies to support the coordination
10and alignment of home visiting services provided through other
11State and federal funds, to the extent possible. The
12Department administering home-visiting programs subject to
13Section 15-10 (b) and Section 15-10(b-5) shall collaborate
14with the State Board of Education, the Department of
15Healthcare and Family Services, and Head Start and Early Head
16Start in the implementation of these services to support
17alignment with home visiting services provided through the
18Early Childhood Block Grant and the State's Medical Assistance
19Program, respectively, to the extent possible.
20 (g) An advisory committee shall advise the Department
21administering home-visiting programs subject to Section
2215-10(b) and Section 15-10(b-5) concerning the implementation
23of the home visiting program. The advisory committee shall
24make recommendations on policy and implementation. The
25Department shall determine whether the advisory committee
26shall be a newly created body or an existing body such as a

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1committee of the Illinois Early Learning Council. The advisory
2committee shall consist of one or more representatives of the
3Department, other members representing public and private
4entities that serve and interact with the families served
5under the home visiting program, with the input of families
6engaged in home visiting or related services themselves.
7Family input may be secured by engaging families as members of
8this advisory committee or as a separate committee of family
9representatives.
10 (h) The Department of Early Childhood may adopt any rules
11necessary to implement this Section.
12 Section 15-15. Collaboration; planning. Beginning July 1,
132024, the Department of Early Childhood shall collaborate with
14the Illinois State Board of Education on administration of the
15early childhood programs established in Sections 1C-2, 2-3.71,
162-3.71a, and 2-3.89 of the School Code. The Department of
17Early Childhood and the Illinois State Board of Education
18shall plan for the transfer of administrative responsibilities
19that will occur on and after July 1, 2026.
20 Section 15-20. Programs concerning services to at-risk
21children and their families.
22 (a) On and after July 1, 2026, the Department of Early
23Childhood may provide grants to eligible entities, as defined
24by the Department, to establish programs which offer

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1coordinated services to at-risk infants and toddlers and their
2families. Each program shall include a parent education
3program relating to the development and nurturing of infants
4and toddlers and case management services to coordinate
5existing services available in the region served by the
6program. These services shall be provided through the
7implementation of an individual family service plan. Each
8program will have a community involvement component to provide
9coordination in the service system.
10 (b) The Department shall administer the programs through
11the grants to public school districts and other eligible
12entities. These grants must be used to supplement, not
13supplant, funds received from any other source. School
14districts and other eligible entities receiving grants
15pursuant to this Section shall conduct voluntary, intensive,
16research-based, and comprehensive prevention services, as
17defined by the Department, for expecting parents and families
18with children from birth to age 3 who are at-risk of academic
19failure. A public school district that receives a grant under
20this Section may subcontract with other eligible entities.
21 (c) The Department shall report to the General Assembly by
22July 1, 2028 and every 2 years thereafter, using the most
23current data available, on the status of programs funded under
24this Section, including without limitation characteristics of
25participants, services delivered, program models used, unmet
26needs, and results of the programs funded.

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1 Section 15-25. Block grants.
2 (a) Through June 30, 2026, the State Board of Education
3shall award block grants to school districts and other
4entities pursuant to Section 1C-2 of the School Code.
5 (b) On and after July 1, 2026, the Department of Early
6Childhood shall award to school districts and other entities
7block grants as described in subsection (c). The Department of
8Early Childhood may adopt rules necessary to implement this
9Section. Block grants are subject to audit. Therefore, block
10grant receipts and block grant expenditures shall be recorded
11to the appropriate fund code.
12 (c) An Early Childhood Education Block Grant shall be
13created by combining the following programs: Preschool
14Education, Parental Training and Prevention Initiative. These
15funds shall be distributed to school districts and other
16entities on a competitive basis, except that the Department of
17Early Childhood shall award to a school district having a
18population exceeding 500,000 inhabitants 37% of the funds in
19each fiscal year. Not less than 14% of the Early Childhood
20Education Block Grant allocation of funds shall be used to
21fund programs for children ages 0-3. Beginning in Fiscal Year
222016, at least 25% of any additional Early Childhood Education
23Block Grant funding over and above the previous fiscal year's
24allocation shall be used to fund programs for children ages
250-3. Once the percentage of Early Childhood Education Block

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1Grant funding allocated to programs for children ages 0-3
2reaches 20% of the overall Early Childhood Education Block
3Grant allocation for a full fiscal year, thereafter in
4subsequent fiscal years the percentage of Early Childhood
5Education Block Grant funding allocated to programs for
6children ages 0-3 each fiscal year shall remain at least 20% of
7the overall Early Childhood Education Block Grant allocation.
8However, if, in a given fiscal year, the amount appropriated
9for the Early Childhood Education Block Grant is insufficient
10to increase the percentage of the grant to fund programs for
11children ages 0-3 without reducing the amount of the grant for
12existing providers of preschool education programs, then the
13percentage of the grant to fund programs for children ages 0-3
14may be held steady instead of increased.
15 (d) A school district in a city having a population
16exceeding 500,000 is not required to file any application or
17other claim in order to receive the block grant to which it is
18entitled under this Section. The Department of Early Childhood
19shall make payments to the district of amounts due under the
20district's block grant on a schedule determined by the
21Department. A school district to which this Section applies
22shall report to the Department of Early Childhood on its use of
23the block grant in such form and detail as the Department may
24specify. In addition, the report must include the following
25description for the district, which must also be reported to
26the General Assembly: block grant allocation and expenditures

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1by program; population and service levels by program; and
2administrative expenditures by program. The Department shall
3ensure that the reporting requirements for the district are
4the same as for all other school districts in this State.
5Beginning in Fiscal Year 2018, at least 25% of any additional
6Preschool Education, Parental Training, and Prevention
7Initiative program funding over and above the previous fiscal
8year's allocation shall be used to fund programs for children
9ages 0-3. Beginning in Fiscal Year 2018, funding for Preschool
10Education, Parental Training, and Prevention Initiative
11programs above the allocation for these programs in Fiscal
12Year 2017 must be used solely as a supplement for these
13programs and may not supplant funds received from other
14sources.
15 (e) Reports. School districts and other entities that
16receive an Early Childhood Education Block Grant shall report
17to the Department of Early Childhood on its use of the block
18grant in such form and detail as the Department may specify. In
19addition, the report must include the following description
20for the district and other entities that receive an Early
21Childhood Block Grant, which must also be reported to the
22General Assembly: block grant allocation and expenditures by
23program; population and service levels by program; and
24administrative expenditures by program.
25 Section 15-30. Grants for preschool educational programs.

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1 (a) Preschool program.
2 (1) Through June 30, 2026, The State Board of
3 Education shall implement and administer a grant program
4 to conduct voluntary preschool educational programs for
5 children ages 3 to 5, which include a parent education
6 component, pursuant to Section 2-3.71 of the School Code.
7 (2) On and after July 1, 2026, the Department of Early
8 Childhood shall implement and administer a grant program
9 for school districts and other eligible entities, as
10 defined by the Department, to conduct voluntary preschool
11 educational programs for children ages 3 to 5 which
12 include a parent education component. A public school
13 district which receives grants under this subsection may
14 subcontract with other entities that are eligible to
15 conduct a preschool educational program. These grants must
16 be used to supplement, not supplant, funds received from
17 any other source.
18 (3) Except as otherwise provided under this subsection
19 (a), any teacher of preschool children in the program
20 authorized by this subsection shall hold a Professional
21 Educator License with an early childhood education
22 endorsement.
23 (3.5) Beginning with the 2018-2019 school year and
24 until the 2028-2029 school year, an individual may teach
25 preschool children in an early childhood program under
26 this Section if he or she holds a Professional Educator

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

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1 primarily children with a family income of less than 4
2 times the poverty guidelines updated periodically in the
3 Federal Register by the U.S. Department of Health and
4 Human Services under the authority of 42 U.S.C. 9902(2).
5 For purposes of this paragraph (4), at-risk children are
6 those who because of their home and community environment
7 are subject to such language, cultural, economic and like
8 disadvantages to cause them to have been determined as a
9 result of screening procedures to be at risk of academic
10 failure. Through June 30, 2026, such screening procedures
11 shall be based on criteria established by the State Board
12 of Education. On and after July 1, 2026, such screening
13 procedures shall be based on criteria established by the
14 Department of Early Childhood. Except as otherwise
15 provided in this paragraph (4), grantees under the program
16 must enter into a memorandum of understanding with the
17 appropriate local Head Start agency. This memorandum must
18 be entered into no later than 3 months after the award of a
19 grantee's grant under the program and must address
20 collaboration between the grantee's program and the local
21 Head Start agency on certain issues, which shall include
22 without limitation the following:
23 (A) educational activities, curricular objectives,
24 and instruction;
25 (B) public information dissemination and access to
26 programs for families contacting programs;

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1 (C) service areas;
2 (D) selection priorities for eligible children to
3 be served by programs;
4 (E) maximizing the impact of federal and State
5 funding to benefit young children;
6 (F) staff training, including opportunities for
7 joint staff training;
8 (G) technical assistance;
9 (H) communication and parent outreach for smooth
10 transitions to kindergarten;
11 (I) provision and use of facilities,
12 transportation, and other program elements;
13 (J) facilitating each program's fulfillment of its
14 statutory and regulatory requirements;
15 (K) improving local planning and collaboration;
16 and
17 (L) providing comprehensive services for the
18 neediest Illinois children and families. Through June
19 30, 2026, if the appropriate local Head Start agency
20 is unable or unwilling to enter into a memorandum of
21 understanding as required under this paragraph (4),
22 the memorandum of understanding requirement shall not
23 apply and the grantee under the program must notify
24 the State Board of Education in writing of the Head
25 Start agency's inability or unwillingness. Through
26 June 30, 2026, the State Board of Education shall

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1 compile all such written notices and make them
2 available to the public. On and after July 1, 2026, if
3 the appropriate local Head Start agency is unable or
4 unwilling to enter into a memorandum of understanding
5 as required under this paragraph (4), the memorandum
6 of understanding requirement shall not apply and the
7 grantee under the program must notify the Department
8 of Early Childhood in writing of the Head Start
9 agency's inability or unwillingness. The Department of
10 Early Childhood shall compile all such written notices
11 and make them available to the public.
12 (5) Through June 30, 2026, the State Board of
13 Education shall develop and provide evaluation tools,
14 including tests, that school districts and other eligible
15 entities may use to evaluate children for school readiness
16 prior to age 5. The State Board of Education shall require
17 school districts and other eligible entities to obtain
18 consent from the parents or guardians of children before
19 any evaluations are conducted. The State Board of
20 Education shall encourage local school districts and other
21 eligible entities to evaluate the population of preschool
22 children in their communities and provide preschool
23 programs, pursuant to this subsection, where appropriate.
24 (5.1) On and after July 1, 2026, the Department of
25 Early Childhood shall develop and provide evaluation
26 tools, including tests, that school districts and other

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

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

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1 employed inconsistently across racial and gender groups,
2 early childhood programs receiving State funds under this
3 subsection (a) shall prohibit expulsions. Planned
4 transitions to settings that are able to better meet a
5 child's needs are not considered expulsion under this
6 paragraph (7).
7 (A) When persistent and serious challenging
8 behaviors emerge, the early childhood program shall
9 document steps taken to ensure that the child can
10 participate safely in the program; including
11 observations of initial and ongoing challenging
12 behaviors, strategies for remediation and intervention
13 plans to address the behaviors, and communication with
14 the parent or legal guardian, including participation
15 of the parent or legal guardian in planning and
16 decision-making.
17 (B) The early childhood program shall, with
18 parental or legal guardian consent as required, use a
19 range of community resources, if available and deemed
20 necessary, including, but not limited to,
21 developmental screenings, referrals to programs and
22 services administered by a local educational agency or
23 early intervention agency under Parts B and C of the
24 federal Individual with Disabilities Education Act,
25 and consultation with infant and early childhood
26 mental health consultants and the child's health care

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1 provider. The program shall document attempts to
2 engage these resources, including parent or legal
3 guardian participation and consent attempted and
4 obtained. Communication with the parent or legal
5 guardian shall take place in a culturally and
6 linguistically competent manner.
7 (C) If there is documented evidence that all
8 available interventions and supports recommended by a
9 qualified professional have been exhausted and the
10 program determines in its professional judgment that
11 transitioning a child to another program is necessary
12 for the well-being of the child or his or her peers and
13 staff, with parent or legal guardian permission, both
14 the current and pending programs shall create a
15 transition plan designed to ensure continuity of
16 services and the comprehensive development of the
17 child. Communication with families shall occur in a
18 culturally and linguistically competent manner.
19 (D) Nothing in this paragraph (7) shall preclude a
20 parent's or legal guardian's right to voluntarily
21 withdraw his or her child from an early childhood
22 program. Early childhood programs shall request and
23 keep on file, when received, a written statement from
24 the parent or legal guardian stating the reason for
25 his or her decision to withdraw his or her child.
26 (E) In the case of the determination of a serious

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1 safety threat to a child or others or in the case of
2 behaviors listed in subsection (d) of Section 10-22.6
3 of the School Code, the temporary removal of a child
4 from attendance in group settings may be used.
5 Temporary removal of a child from attendance in a
6 group setting shall trigger the process detailed in
7 subparagraphs (A), (B), and (C) of this paragraph (7),
8 with the child placed back in a group setting as
9 quickly as possible.
10 (F) Early childhood programs may use and the
11 Department of Early Childhood, State Board of
12 Education, the Department of Human Services, and the
13 Department of Children and Family Services shall
14 recommend training, technical support, and
15 professional development resources to improve the
16 ability of teachers, administrators, program
17 directors, and other staff to promote social-emotional
18 development and behavioral health, to address
19 challenging behaviors, and to understand trauma and
20 trauma-informed care, cultural competence, family
21 engagement with diverse populations, the impact of
22 implicit bias on adult behavior, and the use of
23 reflective practice techniques. Support shall include
24 the availability of resources to contract with infant
25 and early childhood mental health consultants.
26 (G) Through June 30, 2026, early childhood

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

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

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1 with the federal Individuals with Disabilities
2 Education Act.
3 The Department of Early Childhood, in consultation
4 with the Department of Children and Family Services, shall
5 adopt rules to administer this paragraph (7).
6 (b) Notwithstanding any other provisions of this Section,
7grantees may serve children ages 0 to 12 of essential workers
8if the Governor has declared a disaster due to a public health
9emergency pursuant to Section 7 of the Illinois Emergency
10Management Agency Act. The Department of Early Childhood may
11adopt rules to administer this subsection.
12 Section 15-35. Chronic absenteeism in preschool children.
13 (a) In this Section, "chronic absence" means absences that
14total 10% or more of school days of the most recent academic
15school year, including absences with and without valid cause,
16as defined in Section 26-2a of the School Code.
17 (b) The General Assembly makes all of the following
18findings:
19 (1) The early years are an extremely important period
20 in a child's learning and development.
21 (2) Missed learning opportunities in the early years
22 make it difficult for a child to enter kindergarten ready
23 for success.
24 (3) Attendance patterns in the early years serve as
25 predictors of chronic absenteeism and reduced educational

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1 outcomes in later school years. Therefore, it is crucial
2 that the implications of chronic absence be understood and
3 reviewed regularly under the Preschool for All Program and
4 Preschool for All Expansion Program under Section 15-30 of
5 this Act.
6 (c) The Preschool for All Program and Preschool for All
7Expansion Program under Section 15-30 of this Act shall
8collect and review its chronic absence data and determine what
9support and resources are needed to positively engage
10chronically absent students and their families to encourage
11the habit of daily attendance and promote success.
12 (d) The Preschool for All Program and Preschool for All
13Expansion Program under Section 15-30 of this Act are
14encouraged to do all of the following:
15 (1) Provide support to students who are at risk of
16 reaching or exceeding chronic absence levels.
17 (2) Make resources available to families, such as
18 those available through the State Board of Education's
19 Family Engagement Framework, to support and encourage
20 families to ensure their children's daily program
21 attendance.
22 (3) Include information about chronic absenteeism as
23 part of their preschool to kindergarten transition
24 resources.
25 (e) On or before July 1, 2020, and annually thereafter
26through June 30, 2026, the Preschool for All Program and

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1Preschool for All Expansion Program shall report all data
2collected under subsection (c) of this Section to the State
3Board of Education, which shall make the report publicly
4available via the Illinois Early Childhood Asset Map Internet
5website and the Preschool for All Program or Preschool for All
6Expansion Program triennial report.
7 (e-5) On and after July 1, 2026, the Preschool for All
8Program and Preschool for All Expansion Program shall report
9all data collected under subsection (c) to the Department of
10Early Childhood, which shall review the chronic absence data
11to determine what support and resources are needed to
12positively engage chronically absent students and their
13families to encourage the habit of daily attendance and
14promote success. The Department shall also report all data
15collected under this subsection and make a report publicly
16available via the Illinois Early Childhood Asset Map Internet
17website and the Preschool for All Program or Preschool for All
18Expansion Program triennial report.
19 Section 15-40. Restrictions on prekindergarten
20assessments.
21 (a) In this Section:
22 "Diagnostic and screening purposes" means for the purpose
23of determining if individual students need remedial
24instruction or to determine eligibility for special education,
25early intervention, bilingual education, dyslexia services, or

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1other related educational services. Any assessment used to
2determine eligibility for special education or related
3services must be consistent with Section 614 of the federal
4Individuals with Disabilities Education Act. "Diagnostic and
5screening purposes" includes the identification and evaluation
6of students with disabilities. "Diagnostic and screening
7purposes" does not include any assessment in which student
8scores are used to rate or rank a classroom, program, teacher,
9school, school district, or jurisdiction.
10 "Standardized assessment" means an assessment that
11requires all student test takers to answer the same questions,
12or a selection of questions from a common bank of questions, in
13the same manner or substantially the same questions in the
14same manner. "Standardized assessment" does not include an
15observational assessment tool used to satisfy the requirements
16of Section 2-3.64a-10 of the School Code.
17 (b) Consistent with Section 2-3.64a-15 of the School Code,
18the Department of Early Childhood may not develop, purchase,
19or require a school district to administer, develop, or
20purchase a standardized assessment for students enrolled or
21preparing to enroll in prekindergarten, other than for
22diagnostic and screening purposes.
23 (c) Consistent with Section 2-3.64a-15 of the School Code,
24the Department of Early Childhood may not provide funding for
25any standardized assessment of students enrolled or preparing
26to enroll in prekindergarten, other than for diagnostic and

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1screening purposes.
2 (d) Nothing in this Section shall be construed to limit
3the ability of a classroom teacher or school district to
4develop, purchase, administer, or score an assessment for an
5individual classroom, grade level, or group of grade levels in
6any subject area in prekindergarten.
7 (e) Nothing in this Section limits procedures used by a
8school or school district for child find under 34 CFR
9300.111(c) or evaluation under 34 CFR 300.304.
10 (f) Nothing in this Section restricts the use of an annual
11assessment of English proficiency of all English learners to
12comply with Section 1111(b)(2)(G) of the federal Elementary
13and Secondary Education Act of 1965.
14 Section 15-45. Grants for early childhood parental
15training programs. On and after July 1, 2026, the Department
16of Early Childhood shall implement and administer a grant
17program consisting of grants to public school districts and
18other eligible entities, as defined by the Department, to
19conduct early childhood parental training programs for the
20parents of children in the period of life from birth to
21prekindergarten. A public school district that receives grants
22under this Section may contract with other eligible entities
23to conduct an early childhood parental training program. These
24grants must be used to supplement, not supplant, funds
25received from any other source. A school board or other

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

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

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1agencies and not-for-profit agencies.
2 (g) Early childhood programs under this Section are
3subject to the requirements under paragraph (7) of subsection
4(a) of Section 15-30 of this Act.
5 Section 15-50. Early childhood construction grants.
6 (a) The Capital Development Board is authorized to make
7grants to public school districts and not-for-profit entities
8for early childhood construction projects, except that in
9Fiscal Year 2024 those grants may be made only to public school
10districts. These grants shall be paid out of moneys
11appropriated for that purpose from the School Construction
12Fund, the Build Illinois Bond Fund, or the Rebuild Illinois
13Projects Fund. No grants may be awarded to entities providing
14services within private residences. A public school district
15or other eligible entity must provide local matching funds in
16the following manner:
17 (1) A public school district assigned to Tier 1 under
18 Section 18-8.15 of the School Code or any other eligible
19 entity in an area encompassed by that district must
20 provide local matching funds in an amount equal to 3% of
21 the grant awarded under this Section.
22 (2) A public school district assigned to Tier 2 under
23 Section 18-8.15 of the School Code or any other eligible
24 entity in an area encompassed by that district must
25 provide local matching funds in an amount equal to 7.5% of

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

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1 (6) any other provision that the Capital Development
2 Board determines to be necessary or useful for the
3 administration of this Section.
4 (b-5) When grants are made to non-profit corporations for
5the acquisition or construction of new facilities, the Capital
6Development Board or any State agency it so designates shall
7hold title to or place a lien on the facility for a period of
810 years after the date of the grant award, after which title
9to the facility shall be transferred to the non-profit
10corporation or the lien shall be removed, provided that the
11non-profit corporation has complied with the terms of its
12grant agreement. When grants are made to non-profit
13corporations for the purpose of renovation or rehabilitation,
14if the non-profit corporation does not comply with item (5) of
15subsection (b) of this Section, the Capital Development Board
16or any State agency it so designates shall recover the grant
17pursuant to the procedures outlined in the Illinois Grant
18Funds Recovery Act.
19 (c) On and after July 1, 2026, the Capital Development
20Board, in consultation with the Department of Early Childhood,
21shall establish standards for the determination of priority
22needs concerning early childhood projects based on projects
23located in communities in the State with the greatest
24underserved population of young children, utilizing Census
25data and other reliable local early childhood service data.
26 (d) In each school year in which early childhood

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1construction project grants are awarded, 20% of the total
2amount awarded shall be awarded to a school district with a
3population of more than 500,000, provided that the school
4district complies with the requirements of this Section and
5the rules adopted under this Section.
6 Section 15-55. Infant/early childhood mental health
7consultations.
8 (a) Findings; policies.
9 (1) The General Assembly finds that social and
10 emotional development is a core, developmental domain in
11 young children and is codified in the Illinois Early
12 Learning Standards.
13 (2) Fostering social and emotional development in,
14 early childhood means both providing the supportive
15 settings and interactions to maximize healthy social and
16 emotional development for all children, as well as
17 providing communities, programs, and providers with
18 systems of tiered supports with training to respond to
19 more significant social and emotional challenges or where
20 experiences of trauma may be more prevalent.
21 (3) Early care and education programs and providers,
22 across a range of settings, have an important role to play
23 in supporting young children and families, especially
24 those who face greater challenges, such as trauma
25 exposure, social isolation, pervasive poverty, and toxic

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

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

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1 including native language, on the role and value of
2 I/ECMHC, including targeted promotion in underserved
3 communities, and promote the use of existing I/ECMHCs, the
4 I/ECMHC consultant database, or other existing services;
5 (3) the State to increase funding to promote and
6 provide training and implementation support for systems of
7 tiered support, such as the Pyramid Model, across early
8 childhood settings and urge the Department of Early
9 Childhood, the Department of Human Services, the Illinois
10 State Board of Education, and other relevant State
11 agencies to coordinate efforts and develop strategies to
12 provide outreach to and support providers in underserved
13 communities and communities with fewer programmatic
14 resources; and
15 (4) State agencies to provide the data required by
16 Public Act 100-105, even if the data is incomplete at the
17 time due to data system challenges.
18
ARTICLE 20. POWERS AND DUTIES RELATING TO CHILD CARE AND DAY
19
CARE LICENSING
20 Section 20-5. Transition. Beginning July 1, 2024, the
21Department of Early Childhood and the Department of Human
22Services shall collaborate and plan for the transition of
23child care services for children established in Section 5.15
24of the Children and Family Services Act.

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1 Section 20-10. Child care.
2 (a) The General Assembly recognizes that families with
3children need child care in order to work. Child care is
4expensive and families with limited access to economic
5resources, including those who are transitioning from welfare
6to work, often struggle to pay the costs of day care. The
7General Assembly understands the importance of helping working
8families with limited access to economic resources become and
9remain self-sufficient. The General Assembly also believes
10that it is the responsibility of families to share in the costs
11of child care. It is also the preference of the General
12Assembly that all working families with limited access to
13economic resources should be treated equally, regardless of
14their welfare status.
15 (b) On and after July 1, 2026, to the extent resources
16permit, the Illinois Department of Early Childhood shall
17provide child care services to parents or other relatives as
18defined by rule who are working or participating in employment
19or Department approved education or training programs as
20prescribed in Section 9A-11 of the Illinois Public Aid Code.
21 (c) Smart Start Child Care Program. Through June 30, 2026,
22subject to appropriation, the Department of Human Services
23shall establish and administer the Smart Start Child Care
24Program. On and after July 1, 2026, the Department of Early
25Childhood shall administer the Smart Start Child Care Program.

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1The Smart Start Child Care Program shall focus on creating
2affordable child care, as well as increasing access to child
3care, for Illinois residents and may include, but is not
4limited to, providing funding to increase preschool
5availability, providing funding for childcare workforce
6compensation or capital investments, and expanding funding for
7Early Childhood Access Consortium for Equity Scholarships. The
8Department with authority to administer the Smart Start Child
9Care Program shall establish program eligibility criteria,
10participation conditions, payment levels, and other program
11requirements by rule. The Department with authority to
12administer the Smart Start Child Care Program may consult with
13the Capital Development Board, the Department of Commerce and
14Economic Opportunity, the State Board of Education, and the
15Illinois Housing Development Authority, and other state
16agencies as determined by the Department in the management and
17disbursement of funds for capital-related projects. The
18Capital Development Board, the Department of Commerce and
19Economic Opportunity, the State Board of Education, and the
20Illinois Housing Development Authority, and other state
21agencies as determined by the Department shall act in a
22consulting role only for the evaluation of applicants, scoring
23of applicants, or administration of the grant program.
24 Section 20-15. Day care services.
25 (a) For the purpose of ensuring effective statewide

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1planning, development, and utilization of resources for the
2day care of children, operated under various auspices, the
3Department of Early Childhood is designated on and after July
41, 2026 to coordinate all day care activities for children of
5the State and shall develop or continue, and shall update
6every year, a State comprehensive day care plan for submission
7to the Governor that identifies high-priority areas and
8groups, relating them to available resources and identifying
9the most effective approaches to the use of existing day care
10services. The State comprehensive day care plan shall be made
11available to the General Assembly following the Governor's
12approval of the plan.
13 The plan shall include methods and procedures for the
14development of additional day care resources for children to
15meet the goal of reducing short-run and long-run dependency
16and to provide necessary enrichment and stimulation to the
17education of young children. Recommendations shall be made for
18State policy on optimum use of private and public, local,
19State and federal resources, including an estimate of the
20resources needed for the licensing and regulation of day care
21facilities.
22 A written report shall be submitted to the Governor and
23the General Assembly annually on April 15. The report shall
24include an evaluation of developments over the preceding
25fiscal year, including cost-benefit analyses of various
26arrangements. Beginning with the report in 1990 submitted by

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

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

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

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

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1agencies or associations shall be involved in planning by the
2Department.
3 Section 20-20. Day care facilities for the children of
4migrant workers. On and after July 1, 2026, the Department of
5Early Childhood shall operate day care facilities for the
6children of migrant workers in areas of the State where they
7are needed. The Department of Early Childhood may provide
8these day care services by contracting with private centers if
9practicable. "Migrant worker" means any person who moves
10seasonally from one place to another, within or without the
11State, for the purpose of employment in agricultural
12activities.
13 Section 20-25. Licensing day care facilities.
14 (a) Beginning July 1, 2024, the Department of Early
15Childhood and the Department of Children and Family Services
16shall collaborate and plan for the transition of
17administrative responsibilities related to licensing day care
18centers, day care homes, and group day care homes as
19prescribed throughout the Child Care Act of 1969.
20 (b) Beginning July 1, 2026, the Department of Early
21Childhood shall manage all facets of licensing for day care
22centers, day care homes, and group day care homes as
23prescribed throughout the Child Care Act of 1969.

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1 Section 20-30. Off-Hours Child Care Program.
2 (a) Legislative intent. The General Assembly finds that:
3 (1) Finding child care can be a challenge for
4 firefighters, paramedics, police officers, nurses, and
5 other third shift workers across the State who often work
6 non-typical work hours. This can impact home life, school,
7 bedtime routines, job safety, and the mental health of
8 some of our most critical front line workers and their
9 families.
10 (2) There is a need for increased options for
11 off-hours child care in the State.
12 (3) Illinois has a vested interest in ensuring that
13 our first responders and working families can provide
14 their children with appropriate care during off hours to
15 improve the morale of existing first responders and to
16 improve recruitment into the future.
17 (b) As used in this Section, "first responders" means
18emergency medical services personnel as defined in the
19Emergency Medical Services (EMS) Systems Act, firefighters,
20law enforcement officers, and, as determined by the Department
21of Early Childhood on and after July 1, 2026, any other workers
22who, on account of their work schedule, need child care
23outside of the hours when licensed child care facilities
24typically operate.
25 (c) Beginning July 1, 2026, the Department of Early
26Childhood shall administer the Off-Hours Child Care Program to

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1help first responders and other workers identify and access
2off-hours, night, or sleep time child care, subject to
3appropriation. Services funded under the program must address
4the child care needs of first responders. Funding provided
5under the program may also be used to cover any capital and
6operating expenses related to the provision of off-hours,
7night, or sleep time child care for first responders. Funding
8awarded under this Section shall be funded through
9appropriations from the Off-Hours Child Care Program Fund
10created under Public Act 102-912. The Department of Early
11Childhood may adopt any rules necessary to implement the
12program.
13 Section 20-35. Great START program.
14 (a) Through June 30, 2026, the Department of Human
15Services shall, subject to a specific appropriation for this
16purpose, operate a Great START (Strategy To Attract and Retain
17Teachers) program. The goal of the program is to improve
18children's developmental and educational outcomes in child
19care by encouraging increased professional preparation by
20staff and staff retention. The Great START program shall
21coordinate with the TEACH professional development program.
22 The program shall provide wage supplements and may include
23other incentives to licensed child care center personnel,
24including early childhood teachers, school-age workers, early
25childhood assistants, school-age assistants, and directors, as

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

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1beyond minimum qualifications and shall recognize longevity of
2employment. Subject to the availability of sufficient
3appropriation, the wage supplements shall be paid to child
4care personnel in the form of bonuses at 6-month intervals.
5Six months of continuous service with a single employer is
6required to be eligible to receive a wage supplement bonus.
7Wage supplements shall be paid directly to individual day care
8personnel, not to their employers. Eligible individuals must
9provide to the Department or its agent all information and
10documentation, including but not limited to college
11transcripts, to demonstrate their qualifications for a
12particular wage supplement level.
13 If appropriations permit, the Department may include
14one-time signing bonuses or other incentives to help providers
15attract staff, provided that the signing bonuses are less than
16the supplement staff would have received if they had remained
17employed with another day care center or family day care home.
18 If appropriations permit, the Department may include
19one-time longevity bonuses or other incentives to recognize
20staff who have remained with a single employer.
21 Section 20-40. Programs to train low-income older persons
22to be child care workers. On and after July 1, 2026, the
23Department of Early Childhood may, in conjunction with
24colleges or universities in this State, establish programs to
25train low-income older persons to be child care workers. The

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1Department shall prescribe, by rule:
2 (a) age and income qualifications for persons to be
3 trained under such programs; and
4 (b) standards for such programs to ensure that such
5 programs train participants to be skilled workers for the
6 child care industry.
7 Section 20-45. Home child care demonstration project;
8conversion and renovation grants; Department of Early
9Childhood.
10 (a) The General Assembly finds that the demand for quality
11child care far outweighs the number of safe, quality spaces
12for our children. The purpose of this Section is to increase
13the number of child care providers by:
14 (1) developing a demonstration project to train
15 individuals to become home child care providers who are
16 able to establish and operate their own child care
17 facility; and
18 (2) providing grants to convert and renovate existing
19 facilities.
20 (b) On and after July 1, 2026, the Department of Early
21Childhood may from appropriations from the Child Care
22Development Block Grant establish a demonstration project to
23train individuals to become home child care providers who are
24able to establish and operate their own home-based child care
25facilities. On and after July 1, 2026, the Department of Early

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1Childhood is authorized to use funds for this purpose from the
2child care and development funds deposited into the DHS
3Special Purposes Trust Fund as described in Section 12-10 of
4the Illinois Public Aid Code or deposited into the Employment
5and Training Fund as described in Section 12-10.3 of the
6Illinois Public Aid Code. As an economic development program,
7the project's focus is to foster individual self-sufficiency
8through an entrepreneurial approach by the creation of new
9jobs and opening of new small home-based child care
10businesses. The demonstration project shall involve
11coordination among State and county governments and the
12private sector, including but not limited to: the community
13college system, the Departments of Labor and Commerce and
14Economic Opportunity, the State Board of Education, large and
15small private businesses, non-profit programs, unions, and
16child care providers in the State.
17 (c) On and after July 1, 2026, the Department of Early
18Childhood may from appropriations from the Child Care
19Development Block Grant provide grants to family child care
20providers and center based programs to convert and renovate
21existing facilities, to the extent permitted by federal law,
22so additional family child care homes and child care centers
23can be located in such facilities.
24 (1) Applications for grants shall be made to the
25 Department and shall contain information as the Department
26 shall require by rule. Every applicant shall provide

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

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

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1 demographic need. The Department shall give priority
2 consideration to rural/Downstate areas of the State that
3 are currently experiencing a shortage of child care
4 services.
5 (4) In considering applications for grants to renovate
6 or improve an existing facility used for the operations of
7 a family child care home or child care center, the
8 Department shall give preference to applications to
9 renovate facilities most in need of repair to address
10 safety and habitability concerns. No grant shall be
11 disbursed unless an agreement is entered into between the
12 applicant and the State, by and through the Department.
13 The agreement shall include the assurances and conditions
14 required by this Section and any other terms which the
15 Department may require.
16
ARTICLE 80. TRANSITION PROVISIONS
17 Section 80-5. Transfer of functions. On and after July 1,
182026:
19 (a) The powers, duties, rights, and responsibilities
20vested in the transferring agencies relating to early care and
21education programs and services to children and families
22transferred by this Act shall be vested in and shall be
23exercised by the Department of Early Childhood.
24 (b) Personnel employed by the Department of Human Services

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1or the Department of Children and Family Services who are
2engaged in the performance of functions transferred to the
3Department or who are engaged in the administration of a law
4the administration of which is transferred to the Department
5shall be transferred to the Department of Early Childhood. The
6status and rights of the employees and the State of Illinois or
7its transferring agencies under the Personnel Code, the
8Illinois Public Labor Relations Act, and applicable collective
9bargaining agreements, or under any pension, retirement, or
10annuity plan, shall not be affected by this Act.
11 (c) All books, records, papers, documents, property (real
12and personal), contracts, causes of action, and pending
13business pertaining to the powers, duties, rights, and
14responsibilities relating to functions transferred under this
15Act to the Department of Early Childhood, including, but not
16limited to, material in electronic or magnetic format and
17necessary computer hardware and software, shall be transferred
18to the Department.
19 (d) Whenever reports or notices are now required to be
20made or given or papers or documents furnished or served by any
21person in connection with any of the powers, duties, rights,
22and responsibilities relating to functions transferred by this
23Act, the same shall be made, given, furnished, or served in the
24same manner to or upon the Department.
25 (e) This Act does not affect any act done, ratified, or
26canceled or any right occurring or established or any action

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

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

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

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1defended, or continued by the Department of Early Childhood.
2
ARTICLE 90. AMENDATORY PROVISIONS
3 Section 90-5. The Civil Administrative Code of Illinois is
4amended by changing Sections 5-10, 5-15, and 5-20 and by
5adding Section 5-336 as follows:
6 (20 ILCS 5/5-10) (was 20 ILCS 5/2.1)
7 Sec. 5-10. "Director". As used in the Civil Administrative
8Code of Illinois, unless the context clearly indicates
9otherwise, the word "director" means the several directors of
10the departments of State government as designated in Section
115-20 of this Law and includes the Secretary of Early
12Childhood, the Secretary of Financial and Professional
13Regulation, the Secretary of Innovation and Technology, the
14Secretary of Human Services, and the Secretary of
15Transportation.
16(Source: P.A. 100-611, eff. 7-20-18.)
17 (20 ILCS 5/5-15) (was 20 ILCS 5/3)
18 Sec. 5-15. Departments of State government. The
19Departments of State government are created as follows:
20 The Department on Aging.
21 The Department of Agriculture.
22 The Department of Central Management Services.

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

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

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1 Director of Human Rights, for the Department of Human
2Rights.
3 Secretary of Human Services, for the Department of Human
4Services.
5 Secretary of Innovation and Technology, for the Department
6of Innovation and Technology.
7 Director of Insurance, for the Department of Insurance.
8 Director of Juvenile Justice, for the Department of
9Juvenile Justice.
10 Director of Labor, for the Department of Labor.
11 Director of the Lottery, for the Department of the
12Lottery.
13 Director of Natural Resources, for the Department of
14Natural Resources.
15 Director of Public Health, for the Department of Public
16Health.
17 Director of Revenue, for the Department of Revenue.
18 Director of the Illinois State Police, for the Illinois
19State Police.
20 Secretary of Transportation, for the Department of
21Transportation.
22 Director of Veterans' Affairs, for the Department of
23Veterans' Affairs.
24(Source: P.A. 102-538, eff. 8-20-21.)
25 (20 ILCS 5/5-336 new)

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1 Sec. 5-336. In the Department of Early Childhood. For
2terms beginning on or after July 1, 2024, the Secretary shall
3receive an annual salary of $214,988 or as set by the Governor,
4whichever is higher. On July 1, 2025, and on each July 1
5thereafter, the Secretary shall receive an increase in salary
6based on the cost of living adjustment as authorized by Senate
7Joint Resolution 192 of the 86th General Assembly.
8 Section 90-10. The Children and Family Services Act is
9amended by changing Sections 5a, 5.15, 5.20, 22.1, 34.9, and
1034.10 as follows:
11 (20 ILCS 505/5a) (from Ch. 23, par. 5005a)
12 Sec. 5a. Reimbursable services for which the Department of
13Children and Family Services shall pay 100% of the reasonable
14cost pursuant to a written contract negotiated between the
15Department and the agency furnishing the services (which shall
16include but not be limited to the determination of reasonable
17cost, the services being purchased and the duration of the
18agreement) include, but are not limited to:
19SERVICE ACTIVITIES
20 Adjunctive Therapy;
21 Child Care Service, including day care;
22 Clinical Therapy;
23 Custodial Service;

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

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1 Determination of Children who are eligible
2 for federal or other reimbursement;
3 Postage and Shipping;
4 Outside Printing, Artwork, etc.;
5 Subscriptions and Reference Publications;
6 Management and General Expense.
7Reimbursement of administrative costs other than inspection
8and monitoring for purposes of issuing licenses may not exceed
920% of the costs for other services.
10 The Department may offer services to any child or family
11with respect to whom a report of suspected child abuse or
12neglect has been called in to the hotline after completion of a
13family assessment as provided under subsection (a-5) of
14Section 7.4 of the Abused and Neglected Child Reporting Act
15and the Department has determined that services are needed to
16address the safety of the child and other family members and
17the risk of subsequent maltreatment. Acceptance of such
18services shall be voluntary.
19 All Object Expenses, Service Activities and Administrative
20Costs are allowable.
21 If a survey instrument is used in the rate setting
22process:
23 (a) with respect to any day care centers, it shall be
24 limited to those agencies which receive reimbursement from
25 the State;
26 (b) the cost survey instrument shall be promulgated by

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1 rule;
2 (c) any requirements of the respondents shall be
3 promulgated by rule;
4 (d) all screens, limits or other tests of
5 reasonableness, allowability and reimbursability shall be
6 promulgated by rule;
7 (e) adjustments may be made by the Department to rates
8 when it determines that reported wage and salary levels
9 are insufficient to attract capable caregivers in
10 sufficient numbers.
11 The Department of Children and Family Services may pay
12100% of the reasonable costs of research and valuation focused
13exclusively on services to youth in care. Such research
14projects must be approved, in advance, by the Director of the
15Department.
16 In addition to reimbursements otherwise provided for in
17this Section, the Department of Human Services, through June
1830, 2026 and Department of Early Childhood beginning on and
19after July 1, 2026, shall, in accordance with annual written
20agreements, make advance quarterly disbursements to local
21public agencies for child day care services with funds
22appropriated from the Local Effort Day Care Fund.
23 Neither the Department of Children and Family Services nor
24the Department of Human Services through June 30, 2026 and the
25Department of Early Childhood beginning on and after July 1,
262026 shall pay or approve reimbursement for day care in a

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1facility which is operating without a valid license or permit,
2except in the case of day care homes or day care centers which
3are exempt from the licensing requirements of the Child Care
4Act of 1969.
5 The rates paid to day care providers by the Department of
6Children and Family Services shall match the rates paid to
7child care providers by the Department of Human Services,
8including base rates and any relevant rate enhancements
9through June 30, 2026. On and after July 1, 2026, the
10Department of Early Childhood shall pay day care providers,
11who service the Department of Children and Family Services
12under the child care assistance program, including base rates
13and any relevant rate enhancements.
14 In addition to reimbursements otherwise provided for in
15this Section, the Department of Human Services shall, in
16accordance with annual written agreements, make advance
17quarterly disbursements to local public agencies for child day
18care services with funds appropriated from the Local Effort
19Day Care Fund.
20 Neither the Department of Children and Family Services nor
21the Department of Human Services shall pay or approve
22reimbursement for day care in a facility which is operating
23without a valid license or permit, except in the case of day
24care homes or day care centers which are exempt from the
25licensing requirements of the "Child Care Act of 1969".
26 The rates paid to day care providers by the Department of

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

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

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

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

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

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1 in which the corporation is located so that employees of
2 all the building's tenants can benefit from the facility.
3 (9) Development of strategies for subsidizing students
4 pursuing degrees in the child care field.
5 (10) Continuation and expansion of service programs
6 that assist teen parents to continue and complete their
7 education.
8 Emphasis shall be given to support services that will help
9to ensure such parents' graduation from high school and to
10services for participants in any programs of job training
11conducted by the Department.
12 (e) The Department of Human Services shall actively
13stimulate the development of public and private resources at
14the local level. It shall also seek the fullest utilization of
15federal funds directly or indirectly available to the
16Department.
17 Where appropriate, existing non-governmental agencies or
18associations shall be involved in planning by the Department.
19 (f) To better accommodate the child care needs of low
20income working families, especially those who receive
21Temporary Assistance for Needy Families (TANF) or who are
22transitioning from TANF to work, or who are at risk of
23depending on TANF in the absence of child care, the Department
24shall complete a study using outcome-based assessment
25measurements to analyze the various types of child care needs,
26including but not limited to: child care homes; child care

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1facilities; before and after school care; and evening and
2weekend care. Based upon the findings of the study, the
3Department shall develop a plan by April 15, 1998, that
4identifies the various types of child care needs within
5various geographic locations. The plan shall include, but not
6be limited to, the special needs of parents and guardians in
7need of non-traditional child care services such as early
8mornings, evenings, and weekends; the needs of very low income
9families and children and how they might be better served; and
10strategies to assist child care providers to meet the needs
11and schedules of low income families.
12 (g) This Section is repealed on July 1, 2026.
13(Source: P.A. 100-1148, eff. 12-10-18.)
14 (20 ILCS 505/5.20)
15 Sec. 5.20. Child care for former public aid recipients;
16Department of Human Services. The Department of Human Services
17may provide child care services to former recipients of
18assistance under the Illinois Public Aid Code as authorized by
19Section 9-6.3 of that Code. This Section is repealed on July 1,
202026.
21(Source: P.A. 89-507, eff. 7-1-97.)
22 (20 ILCS 505/22.1) (from Ch. 23, par. 5022.1)
23 Sec. 22.1. Grants-in-aid for child care services;
24Department of Human Services.

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1 (a) Blank.
2 (b) Blank.
3 (c) The Department of Human Services shall establish and
4operate day care facilities for the children of migrant
5workers in areas of the State where they are needed. The
6Department may provide these day care services by contracting
7with private centers if practicable. "Migrant worker" means
8any person who moves seasonally from one place to another,
9within or without the State, for the purpose of employment in
10agricultural activities. This Section is repealed on July 1,
112026.
12(Source: P.A. 97-516, eff. 8-23-11.)
13 (20 ILCS 505/34.9) (from Ch. 23, par. 5034.9)
14 Sec. 34.9. The Department may, in conjunction with
15colleges or universities in this State, establish programs to
16train low-income older persons to be child care workers. The
17Department shall prescribe, by rule:
18 (a) age and income qualifications for persons to be
19trained under such programs; and
20 (b) standards for such programs to ensure that such
21programs train participants to be skilled workers for the
22child care industry.
23 This Section is repealed on July 1, 2026.
24(Source: P.A. 86-889.)

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1 (20 ILCS 505/34.10) (from Ch. 23, par. 5034.10)
2 Sec. 34.10. Home child care demonstration project;
3conversion and renovation grants; Department of Human
4Services.
5 (a) The legislature finds that the demand for quality
6child care far outweighs the number of safe, quality spaces
7for our children. The purpose of this Section is to increase
8the number of child care providers by:
9 (1) developing a demonstration project to train
10 individuals to become home child care providers who are
11 able to establish and operate their own child care
12 facility; and
13 (2) providing grants to convert and renovate existing
14 facilities.
15 (b) The Department of Human Services may from
16appropriations from the Child Care Development Block Grant
17establish a demonstration project to train individuals to
18become home child care providers who are able to establish and
19operate their own home-based child care facilities. The
20Department of Human Services is authorized to use funds for
21this purpose from the child care and development funds
22deposited into the DHS Special Purposes Trust Fund as
23described in Section 12-10 of the Illinois Public Aid Code or
24deposited into the Employment and Training Fund as described
25in Section 12-10.3 of the Illinois Public Aid Code. As an
26economic development program, the project's focus is to foster

SB0001 Enrolled- 131 -LRB103 25137 RJT 51476 b
1individual self-sufficiency through an entrepreneurial
2approach by the creation of new jobs and opening of new small
3home-based child care businesses. The demonstration project
4shall involve coordination among State and county governments
5and the private sector, including but not limited to: the
6community college system, the Departments of Labor and
7Commerce and Economic Opportunity, the State Board of
8Education, large and small private businesses, nonprofit
9programs, unions, and child care providers in the State.
10 The Department shall submit:
11 (1) a progress report on the demonstration project to
12 the legislature by one year after January 1, 1992 (the
13 effective date of Public Act 87-332); and
14 (2) a final evaluation report on the demonstration
15 project, including findings and recommendations, to the
16 legislature by one year after the due date of the progress
17 report.
18 (c) The Department of Human Services may from
19appropriations from the Child Care Development Block Grant
20provide grants to family child care providers and center based
21programs to convert and renovate existing facilities, to the
22extent permitted by federal law, so additional family child
23care homes and child care centers can be located in such
24facilities.
25 (1) Applications for grants shall be made to the
26 Department and shall contain information as the Department

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

SB0001 Enrolled- 133 -LRB103 25137 RJT 51476 b
1 out of or resulting from the renovation and
2 improvements made with funds provided by this Section,
3 and, upon request of the Department, the applicant
4 shall procure sufficient insurance to provide that
5 indemnification.
6 (2) To receive a grant under this Section to convert
7 an existing facility into a family child care home or
8 child care center facility, the applicant shall:
9 (A) agree to make available to the Department of
10 Human Services all records it may have relating to the
11 operation of any family child care home and child care
12 center facility, and to allow State agencies to
13 monitor its compliance with the purpose of this
14 Section;
15 (B) agree that, if the facility is to be altered or
16 improved, or is to be used by other groups, moneys
17 appropriated by this Section shall be used for
18 renovating or improving the facility only to the
19 proportionate extent that the floor space will be used
20 by the child care program; and
21 (C) establish, to the satisfaction of the
22 Department, that sufficient funds are available for
23 the effective use of the facility for the purpose for
24 which it is being renovated or improved.
25 (3) In selecting applicants for funding, the
26 Department shall make every effort to ensure that family

SB0001 Enrolled- 134 -LRB103 25137 RJT 51476 b
1 child care home or child care center facilities are
2 equitably distributed throughout the State according to
3 demographic need. The Department shall give priority
4 consideration to rural/Downstate areas of the State that
5 are currently experiencing a shortage of child care
6 services.
7 (4) In considering applications for grants to renovate
8 or improve an existing facility used for the operations of
9 a family child care home or child care center, the
10 Department shall give preference to applications to
11 renovate facilities most in need of repair to address
12 safety and habitability concerns. No grant shall be
13 disbursed unless an agreement is entered into between the
14 applicant and the State, by and through the Department.
15 The agreement shall include the assurances and conditions
16 required by this Section and any other terms which the
17 Department may require.
18 (d) This Section is repealed on July 1, 2026.
19(Source: P.A. 103-363, eff. 7-28-23.)
20 Section 90-15. The Department of Human Services Act is
21amended by changing Sections 1-75, 10-16, and 10-22 as
22follows:
23 (20 ILCS 1305/1-75)
24 Sec. 1-75. Off-Hours Child Care Program.

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

SB0001 Enrolled- 136 -LRB103 25137 RJT 51476 b
1Services shall establish and administer an Off-Hours Child
2Care Program to help first responders and other workers
3identify and access off-hours, night, or sleep time child
4care. Services funded under the program must address the child
5care needs of first responders. Funding provided under the
6program may also be used to cover any capital and operating
7expenses related to the provision of off-hours, night, or
8sleep time child care for first responders. Funding awarded
9under this Section shall be funded through appropriations from
10the Off-Hours Child Care Program Fund created under subsection
11(d). The Department shall implement the program by July 1,
122023. The Department may adopt any rules necessary to
13implement the program.
14 (d) The Off-Hours Child Care Program Fund is created as a
15special fund in the State treasury. The Fund shall consist of
16any moneys appropriated to the Department of Human Services
17for the Off-Hours Child Care Program. Moneys in the Fund shall
18be expended for the Off-Hours Child Care Program and for no
19other purpose. All interest earned on moneys in the Fund shall
20be deposited into the Fund.
21 (e) This Section is repealed on July 1, 2026.
22(Source: P.A. 102-912, eff. 5-27-22; 103-154, eff. 6-30-23.)
23 (20 ILCS 1305/10-16)
24 Sec. 10-16. Home visiting program.
25 (a) The General Assembly finds that research-informed home

SB0001 Enrolled- 137 -LRB103 25137 RJT 51476 b
1visiting programs work to strengthen families' functioning and
2support parents in caring for their children to ensure optimal
3child development.
4 (b) The Department shall establish a home visiting program
5to support communities in providing intensive home visiting
6programs to pregnant persons and families with children from
7birth up to elementary school enrollment. Services shall be
8offered on a voluntary basis to families. In awarding grants
9under the program, the Department shall prioritize populations
10or communities in need of such services, as determined by the
11Department, based on data including, but not limited to,
12statewide home visiting needs assessments. Eligibility under
13the program shall also take into consideration requirements of
14the federal Maternal, Infant, and Early Childhood Home
15Visiting Program and Head Start and Early Head Start to ensure
16appropriate alignment. The overall goals for these services
17are to:
18 (1) improve maternal and newborn health;
19 (2) prevent child abuse and neglect;
20 (3) promote children's development and readiness to
21 participate in school; and
22 (4) connect families to needed community resources and
23 supports.
24 (b) Allowable uses of funding include:
25 (1) Grants to community-based organizations to
26 implement home visiting and family support services with

SB0001 Enrolled- 138 -LRB103 25137 RJT 51476 b
1 fidelity to research-informed home visiting program
2 models, as defined by the Department. Services may
3 include, but are not limited to:
4 (A) personal visits with a child and the child's
5 parent or caregiver at a periodicity aligned with the
6 model being implemented;
7 (B) opportunities for connections with other
8 parents and caregivers in their community and other
9 social and community supports;
10 (C) enhancements to research-informed home
11 visiting program models based on community needs
12 including doula services, and other program
13 innovations as approved by the Department; and
14 (D) referrals to other resources needed by
15 families.
16 (2) Infrastructure supports for grantees, including,
17 but not limited to, professional development for the
18 workforce, technical assistance and capacity-building,
19 data system and supports, infant and early childhood
20 mental health consultation, trauma-informed practices,
21 research, universal newborn screening, and coordinated
22 intake.
23 (c) Subject to appropriation, the Department shall award
24grants to community-based agencies in accordance with this
25Section and any other rules that may be adopted by the
26Department. Successful grantees under this program shall

SB0001 Enrolled- 139 -LRB103 25137 RJT 51476 b
1comply with policies and procedures on program, data, and
2expense reporting as developed by the Department.
3 (d) Funds received under this Section shall supplement,
4not supplant, other existing or new federal, State, or local
5sources of funding for these services. Any new federal funding
6received shall supplement and not supplant funding for this
7program.
8 (e) The Department shall collaborate with relevant
9agencies to support the coordination and alignment of home
10visiting services provided through other State and federal
11funds, to the extent possible. The Department shall
12collaborate with the State Board of Education, the Department
13of Healthcare and Family Services, and Head Start and Early
14Head Start in the implementation of these services to support
15alignment with home visiting services provided through the
16Early Childhood Block Grant and the State's Medical Assistance
17Program, respectively, to the extent possible.
18 (f) An advisory committee shall advise the Department
19concerning the implementation of the home visiting program.
20The advisory committee shall make recommendations on policy
21and implementation. The Department shall determine whether the
22advisory committee shall be a newly created body or an
23existing body such as a committee of the Illinois Early
24Learning Council. The advisory committee shall consist of one
25or more representatives of the Department, other members
26representing public and private entities that serve and

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

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

SB0001 Enrolled- 142 -LRB103 25137 RJT 51476 b
1employed with another day care center or family day care home.
2 If appropriations permit, the Department may include
3one-time longevity bonuses or other incentives to recognize
4staff who have remained with a single employer.
5 (d) (Blank).
6 (e) This Section is repealed on July 1, 2026.
7(Source: P.A. 93-711, eff. 7-12-04.)
8 Section 90-20. The Illinois Early Learning Council Act is
9amended by changing Section 10 as follows:
10 (20 ILCS 3933/10)
11 Sec. 10. Membership. The Illinois Early Learning Council
12shall include representation from both public and private
13organizations, and its membership shall reflect regional,
14racial, and cultural diversity to ensure representation of the
15needs of all Illinois children. One member shall be appointed
16by the President of the Senate, one member appointed by the
17Minority Leader of the Senate, one member appointed by the
18Speaker of the House of Representatives, one member appointed
19by the Minority Leader of the House of Representatives, and
20other members appointed by the Governor. The Governor's
21appointments shall include without limitation the following:
22 (1) A leader of stature from the Governor's office, to
23 serve as co-chairperson of the Council.
24 (2) The chief administrators of the following State

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

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

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

SB0001 Enrolled- 146 -LRB103 25137 RJT 51476 b
1 her prior approval when the procuring entity is not one
2 subject to the jurisdiction of the Governor.
3 (8) (Blank).
4 (9) Procurement expenditures by the Illinois
5 Conservation Foundation when only private funds are used.
6 (10) (Blank).
7 (11) Public-private agreements entered into according
8 to the procurement requirements of Section 20 of the
9 Public-Private Partnerships for Transportation Act and
10 design-build agreements entered into according to the
11 procurement requirements of Section 25 of the
12 Public-Private Partnerships for Transportation Act.
13 (12) (A) Contracts for legal, financial, and other
14 professional and artistic services entered into by the
15 Illinois Finance Authority in which the State of Illinois
16 is not obligated. Such contracts shall be awarded through
17 a competitive process authorized by the members of the
18 Illinois Finance Authority and are subject to Sections
19 5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,
20 as well as the final approval by the members of the
21 Illinois Finance Authority of the terms of the contract.
22 (B) Contracts for legal and financial services entered
23 into by the Illinois Housing Development Authority in
24 connection with the issuance of bonds in which the State
25 of Illinois is not obligated. Such contracts shall be
26 awarded through a competitive process authorized by the

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1 members of the Illinois Housing Development Authority and
2 are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,
3 and 50-37 of this Code, as well as the final approval by
4 the members of the Illinois Housing Development Authority
5 of the terms of the contract.
6 (13) Contracts for services, commodities, and
7 equipment to support the delivery of timely forensic
8 science services in consultation with and subject to the
9 approval of the Chief Procurement Officer as provided in
10 subsection (d) of Section 5-4-3a of the Unified Code of
11 Corrections, except for the requirements of Sections
12 20-60, 20-65, 20-70, and 20-160 and Article 50 of this
13 Code; however, the Chief Procurement Officer may, in
14 writing with justification, waive any certification
15 required under Article 50 of this Code. For any contracts
16 for services which are currently provided by members of a
17 collective bargaining agreement, the applicable terms of
18 the collective bargaining agreement concerning
19 subcontracting shall be followed.
20 On and after January 1, 2019, this paragraph (13),
21 except for this sentence, is inoperative.
22 (14) Contracts for participation expenditures required
23 by a domestic or international trade show or exhibition of
24 an exhibitor, member, or sponsor.
25 (15) Contracts with a railroad or utility that
26 requires the State to reimburse the railroad or utilities

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

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

SB0001 Enrolled- 150 -LRB103 25137 RJT 51476 b
1 days after contract execution. The Chief Procurement
2 Officer shall prescribe the form and content of the
3 notice. Each agency shall provide the Chief Procurement
4 Officer, on a monthly basis, in the form and content
5 prescribed by the Chief Procurement Officer, a report of
6 contracts that are related to the procurement of goods and
7 services identified in this subsection. At a minimum, this
8 report shall include the name of the contractor, a
9 description of the supply or service provided, the total
10 amount of the contract, the term of the contract, and the
11 exception to this Code utilized. A copy of any or all of
12 these contracts shall be made available to the Chief
13 Procurement Officer immediately upon request. The Chief
14 Procurement Officer shall submit a report to the Governor
15 and General Assembly no later than November 1 of each year
16 that includes, at a minimum, an annual summary of the
17 monthly information reported to the Chief Procurement
18 Officer. This exemption becomes inoperative 5 years after
19 June 25, 2019 (the effective date of Public Act 101-27).
20 (19) Acquisition of modifications or adjustments,
21 limited to assistive technology devices and assistive
22 technology services, adaptive equipment, repairs, and
23 replacement parts to provide reasonable accommodations (i)
24 that enable a qualified applicant with a disability to
25 complete the job application process and be considered for
26 the position such qualified applicant desires, (ii) that

SB0001 Enrolled- 151 -LRB103 25137 RJT 51476 b
1 modify or adjust the work environment to enable a
2 qualified current employee with a disability to perform
3 the essential functions of the position held by that
4 employee, (iii) to enable a qualified current employee
5 with a disability to enjoy equal benefits and privileges
6 of employment as are enjoyed by other similarly situated
7 employees without disabilities, and (iv) that allow a
8 customer, client, claimant, or member of the public
9 seeking State services full use and enjoyment of and
10 access to its programs, services, or benefits.
11 For purposes of this paragraph (19):
12 "Assistive technology devices" means any item, piece
13 of equipment, or product system, whether acquired
14 commercially off the shelf, modified, or customized, that
15 is used to increase, maintain, or improve functional
16 capabilities of individuals with disabilities.
17 "Assistive technology services" means any service that
18 directly assists an individual with a disability in
19 selection, acquisition, or use of an assistive technology
20 device.
21 "Qualified" has the same meaning and use as provided
22 under the federal Americans with Disabilities Act when
23 describing an individual with a disability.
24 (20) Procurement expenditures necessary for the
25 Illinois Commerce Commission to hire third-party
26 facilitators pursuant to Sections 16-105.17 and 16-108.18

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

SB0001 Enrolled- 153 -LRB103 25137 RJT 51476 b
1 exemption becomes inoperative 5 years after June 7, 2023
2 (the effective date of the changes made to this Section by
3 Public Act 103-8). This paragraph (22) applies to
4 contracts entered into on or after June 7, 2023 (the
5 effective date of the changes made to this Section by
6 Public Act 103-8) and the renewal of contracts that are in
7 effect on June 7, 2023 (the effective date of the changes
8 made to this Section by Public Act 103-8).
9 (23) Procurements necessary for the Department of
10 Insurance to implement the Illinois Health Benefits
11 Exchange Law if the Department of Insurance has made a
12 good faith determination that it is necessary and
13 appropriate for the expenditure to fall within this
14 exemption. The procurement process shall be conducted in a
15 manner substantially in accordance with the requirements
16 of Sections 20-160 and 25-60 and Article 50 of this Code. A
17 copy of these contracts shall be made available to the
18 Chief Procurement Officer immediately upon request. This
19 paragraph is inoperative 5 years after June 27, 2023 (the
20 effective date of Public Act 103-103).
21 (24) (22) Contracts for public education programming,
22 noncommercial sustaining announcements, public service
23 announcements, and public awareness and education
24 messaging with the nonprofit trade associations of the
25 providers of those services that inform the public on
26 immediate and ongoing health and safety risks and hazards.

SB0001 Enrolled- 154 -LRB103 25137 RJT 51476 b
1 (25) Procurements necessary for the Department of
2 Early Childhood to implement the Department of Early
3 Childhood Act if the Department has made a good faith
4 determination that it is necessary and appropriate for the
5 expenditure to fall within this exemption. This exemption
6 shall only be used for products and services procured
7 solely for use by the Department of Early Childhood. The
8 procurements may include those necessary to design and
9 build integrated, operational systems of programs and
10 services. The procurements may include, but are not
11 limited to, those necessary to align and update program
12 standards, integrate funding systems, design and establish
13 data and reporting systems, align and update models for
14 technical assistance and professional development, design
15 systems to manage grants and ensure compliance, design and
16 implement management and operational structures, and
17 establish new means of engaging with families, educators,
18 providers, and stakeholders. The procurement processes
19 shall be conducted in a manner substantially in accordance
20 with the requirements of Article 50 (ethics) and Sections
21 5-5 (Procurement Policy Board), 5-7 (Commission on Equity
22 and Inclusion), 20-80 (contract files), 20-120
23 (subcontractors), 20-155 (paperwork), 20-160
24 (ethics/campaign contribution prohibitions), 25-60
25 (prevailing wage), and 25-90 (prohibited and authorized
26 cybersecurity) of this Code. Beginning January 1, 2025,

SB0001 Enrolled- 155 -LRB103 25137 RJT 51476 b
1 the Department of Early Childhood shall provide a
2 quarterly report to the General Assembly detailing a list
3 of expenditures and contracts for which the Department
4 uses this exemption. This paragraph is inoperative on and
5 after July 1, 2027.
6 Notwithstanding any other provision of law, for contracts
7with an annual value of more than $100,000 entered into on or
8after October 1, 2017 under an exemption provided in any
9paragraph of this subsection (b), except paragraph (1), (2),
10or (5), each State agency shall post to the appropriate
11procurement bulletin the name of the contractor, a description
12of the supply or service provided, the total amount of the
13contract, the term of the contract, and the exception to the
14Code utilized. The chief procurement officer shall submit a
15report to the Governor and General Assembly no later than
16November 1 of each year that shall include, at a minimum, an
17annual summary of the monthly information reported to the
18chief procurement officer.
19 (c) This Code does not apply to the electric power
20procurement process provided for under Section 1-75 of the
21Illinois Power Agency Act and Section 16-111.5 of the Public
22Utilities Act. This Code does not apply to the procurement of
23technical and policy experts pursuant to Section 1-129 of the
24Illinois Power Agency Act.
25 (d) Except for Section 20-160 and Article 50 of this Code,
26and as expressly required by Section 9.1 of the Illinois

SB0001 Enrolled- 156 -LRB103 25137 RJT 51476 b
1Lottery Law, the provisions of this Code do not apply to the
2procurement process provided for under Section 9.1 of the
3Illinois Lottery Law.
4 (e) This Code does not apply to the process used by the
5Capital Development Board to retain a person or entity to
6assist the Capital Development Board with its duties related
7to the determination of costs of a clean coal SNG brownfield
8facility, as defined by Section 1-10 of the Illinois Power
9Agency Act, as required in subsection (h-3) of Section 9-220
10of the Public Utilities Act, including calculating the range
11of capital costs, the range of operating and maintenance
12costs, or the sequestration costs or monitoring the
13construction of clean coal SNG brownfield facility for the
14full duration of construction.
15 (f) (Blank).
16 (g) (Blank).
17 (h) This Code does not apply to the process to procure or
18contracts entered into in accordance with Sections 11-5.2 and
1911-5.3 of the Illinois Public Aid Code.
20 (i) Each chief procurement officer may access records
21necessary to review whether a contract, purchase, or other
22expenditure is or is not subject to the provisions of this
23Code, unless such records would be subject to attorney-client
24privilege.
25 (j) This Code does not apply to the process used by the
26Capital Development Board to retain an artist or work or works

SB0001 Enrolled- 157 -LRB103 25137 RJT 51476 b
1of art as required in Section 14 of the Capital Development
2Board Act.
3 (k) This Code does not apply to the process to procure
4contracts, or contracts entered into, by the State Board of
5Elections or the State Electoral Board for hearing officers
6appointed pursuant to the Election Code.
7 (l) This Code does not apply to the processes used by the
8Illinois Student Assistance Commission to procure supplies and
9services paid for from the private funds of the Illinois
10Prepaid Tuition Fund. As used in this subsection (l), "private
11funds" means funds derived from deposits paid into the
12Illinois Prepaid Tuition Trust Fund and the earnings thereon.
13 (m) This Code shall apply regardless of the source of
14funds with which contracts are paid, including federal
15assistance moneys. Except as specifically provided in this
16Code, this Code shall not apply to procurement expenditures
17necessary for the Department of Public Health to conduct the
18Healthy Illinois Survey in accordance with Section 2310-431 of
19the Department of Public Health Powers and Duties Law of the
20Civil Administrative Code of Illinois.
21(Source: P.A. 102-175, eff. 7-29-21; 102-483, eff 1-1-22;
22102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, eff.
239-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22;
24102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-103, eff.
256-27-23; 103-570, eff. 1-1-24; 103-580, eff. 12-8-23; revised
261-2-24.)

SB0001 Enrolled- 158 -LRB103 25137 RJT 51476 b
1 Section 90-30. The School Code is amended by changing
2Sections 1A-4, 1C-2, 1C-4, 1D-1, 2-3.47, 2-3.64a-10, 2-3.71,
32-3.71a, 2-3.79, 2-3.89, 10-22.6, 21B-50, 22-45, and 26-19 as
4follows:
5 (105 ILCS 5/1A-4) (from Ch. 122, par. 1A-4)
6 Sec. 1A-4. Powers and duties of the Board.
7 A. (Blank).
8 B. The Board shall determine the qualifications of and
9appoint a chief education officer, to be known as the State
10Superintendent of Education, who may be proposed by the
11Governor and who shall serve at the pleasure of the Board and
12pursuant to a performance-based contract linked to statewide
13student performance and academic improvement within Illinois
14schools. Upon expiration or buyout of the contract of the
15State Superintendent of Education in office on the effective
16date of this amendatory Act of the 93rd General Assembly, a
17State Superintendent of Education shall be appointed by a
18State Board of Education that includes the 7 new Board members
19who were appointed to fill seats of members whose terms were
20terminated on the effective date of this amendatory Act of the
2193rd General Assembly. Thereafter, a State Superintendent of
22Education must, at a minimum, be appointed at the beginning of
23each term of a Governor after that Governor has made
24appointments to the Board. A performance-based contract issued

SB0001 Enrolled- 159 -LRB103 25137 RJT 51476 b
1for the employment of a State Superintendent of Education
2entered into on or after the effective date of this amendatory
3Act of the 93rd General Assembly must expire no later than
4February 1, 2007, and subsequent contracts must expire no
5later than February 1 each 4 years thereafter. No contract
6shall be extended or renewed beyond February 1, 2007 and
7February 1 each 4 years thereafter, but a State Superintendent
8of Education shall serve until his or her successor is
9appointed. Each contract entered into on or before January 8,
102007 with a State Superintendent of Education must provide
11that the State Board of Education may terminate the contract
12for cause, and the State Board of Education shall not
13thereafter be liable for further payments under the contract.
14With regard to this amendatory Act of the 93rd General
15Assembly, it is the intent of the General Assembly that,
16beginning with the Governor who takes office on the second
17Monday of January, 2007, a State Superintendent of Education
18be appointed at the beginning of each term of a Governor after
19that Governor has made appointments to the Board. The State
20Superintendent of Education shall not serve as a member of the
21State Board of Education. The Board shall set the compensation
22of the State Superintendent of Education who shall serve as
23the Board's chief executive officer. The Board shall also
24establish the duties, powers and responsibilities of the State
25Superintendent, which shall be included in the State
26Superintendent's performance-based contract along with the

SB0001 Enrolled- 160 -LRB103 25137 RJT 51476 b
1goals and indicators of student performance and academic
2improvement used to measure the performance and effectiveness
3of the State Superintendent. The State Board of Education may
4delegate to the State Superintendent of Education the
5authority to act on the Board's behalf, provided such
6delegation is made pursuant to adopted board policy or the
7powers delegated are ministerial in nature. The State Board
8may not delegate authority under this Section to the State
9Superintendent to (1) nonrecognize school districts, (2)
10withhold State payments as a penalty, or (3) make final
11decisions under the contested case provisions of the Illinois
12Administrative Procedure Act unless otherwise provided by law.
13 C. The powers and duties of the State Board of Education
14shall encompass all duties delegated to the Office of
15Superintendent of Public Instruction on January 12, 1975,
16except as the law providing for such powers and duties is
17thereafter amended, and such other powers and duties as the
18General Assembly shall designate. The Board shall be
19responsible for the educational policies and guidelines for
20public schools, pre-school through grade 12 and Vocational
21Education in the State of Illinois. Beginning July 1, 2024,
22educational policies and guidelines pertaining to pre-school
23and the Prevention Initiative program shall be done in
24consultation with the Department of Early Childhood. The Board
25shall analyze the present and future aims, needs, and
26requirements of education in the State of Illinois and

SB0001 Enrolled- 161 -LRB103 25137 RJT 51476 b
1recommend to the General Assembly the powers which should be
2exercised by the Board. The Board shall recommend the passage
3and the legislation necessary to determine the appropriate
4relationship between the Board and local boards of education
5and the various State agencies and shall recommend desirable
6modifications in the laws which affect schools.
7 D. Two members of the Board shall be appointed by the
8chairperson to serve on a standing joint Education Committee,
92 others shall be appointed from the Board of Higher
10Education, 2 others shall be appointed by the chairperson of
11the Illinois Community College Board, and 2 others shall be
12appointed by the chairperson of the Human Resource Investment
13Council. The Committee shall be responsible for making
14recommendations concerning the submission of any workforce
15development plan or workforce training program required by
16federal law or under any block grant authority. The Committee
17will be responsible for developing policy on matters of mutual
18concern to elementary, secondary and higher education such as
19Occupational and Career Education, Teacher Preparation and
20Licensure, Educational Finance, Articulation between
21Elementary, Secondary and Higher Education and Research and
22Planning. The joint Education Committee shall meet at least
23quarterly and submit an annual report of its findings,
24conclusions, and recommendations to the State Board of
25Education, the Board of Higher Education, the Illinois
26Community College Board, the Human Resource Investment

SB0001 Enrolled- 162 -LRB103 25137 RJT 51476 b
1Council, the Governor, and the General Assembly. All meetings
2of this Committee shall be official meetings for reimbursement
3under this Act. On the effective date of this amendatory Act of
4the 95th General Assembly, the Joint Education Committee is
5abolished.
6 E. Five members of the Board shall constitute a quorum. A
7majority vote of the members appointed, confirmed and serving
8on the Board is required to approve any action, except that the
97 new Board members who were appointed to fill seats of members
10whose terms were terminated on the effective date of this
11amendatory act of the 93rd General Assembly may vote to
12approve actions when appointed and serving.
13 F. Upon appointment of the 7 new Board members who were
14appointed to fill seats of members whose terms were terminated
15on the effective date of this amendatory Act of the 93rd
16General Assembly, the Board shall review all of its current
17rules in an effort to streamline procedures, improve
18efficiency, and eliminate unnecessary forms and paperwork.
19(Source: P.A. 102-894, eff. 5-20-22.)
20 (105 ILCS 5/1C-2)
21 Sec. 1C-2. Block grants.
22 (a) For fiscal year 1999, and each fiscal year thereafter
23through fiscal year 2026, the State Board of Education shall
24award to school districts block grants as described in
25subsection (c). The State Board of Education may adopt rules

SB0001 Enrolled- 163 -LRB103 25137 RJT 51476 b
1and regulations necessary to implement this Section. In
2accordance with Section 2-3.32, all state block grants are
3subject to an audit. Therefore, block grant receipts and block
4grant expenditures shall be recorded to the appropriate fund
5code.
6 (b) (Blank).
7 (c) An Early Childhood Education Block Grant shall be
8created by combining the following programs: Preschool
9Education, Parental Training and Prevention Initiative. These
10funds shall be distributed to school districts and other
11entities on a competitive basis, except that the State Board
12of Education shall award to a school district having a
13population exceeding 500,000 inhabitants 37% of the funds in
14each fiscal year. Not less than 14% of the Early Childhood
15Education Block Grant allocation of funds shall be used to
16fund programs for children ages 0-3. Beginning in Fiscal Year
172016, at least 25% of any additional Early Childhood Education
18Block Grant funding over and above the previous fiscal year's
19allocation shall be used to fund programs for children ages
200-3. Once the percentage of Early Childhood Education Block
21Grant funding allocated to programs for children ages 0-3
22reaches 20% of the overall Early Childhood Education Block
23Grant allocation for a full fiscal year, thereafter in
24subsequent fiscal years the percentage of Early Childhood
25Education Block Grant funding allocated to programs for
26children ages 0-3 each fiscal year shall remain at least 20% of

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1the overall Early Childhood Education Block Grant allocation.
2However, if, in a given fiscal year, the amount appropriated
3for the Early Childhood Education Block Grant is insufficient
4to increase the percentage of the grant to fund programs for
5children ages 0-3 without reducing the amount of the grant for
6existing providers of preschool education programs, then the
7percentage of the grant to fund programs for children ages 0-3
8may be held steady instead of increased.This subsection (c) is
9inoperative on and after July 1, 2026.
10(Source: P.A. 99-589, eff. 7-21-16; 100-465, eff. 8-31-17.)
11 (105 ILCS 5/1C-4)
12 Sec. 1C-4. Reports. A school district that receives an
13Early Childhood Education Block Grant shall report to the
14State Board of Education on its use of the block grant in such
15form and detail as the State Board of Education may specify. In
16addition, the report must include the following description
17for the district, which must also be reported to the General
18Assembly: block grant allocation and expenditures by program;
19population and service levels by program; and administrative
20expenditures by program. The State Board of Education shall
21ensure that the reporting requirements for a district
22organized under Article 34 of this Code are the same as for all
23other school districts in this State.
24 This Section is repealed on July 1, 2026.
25(Source: P.A. 99-30, eff. 7-10-15.)

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

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1Investigations. The general education block grant shall also
2include Preschool Education, Parental Training, and Prevention
3Initiative through June 30, 2026. Notwithstanding any other
4provision of law, all amounts paid under the general education
5block grant from State appropriations to a school district in
6a city having a population exceeding 500,000 inhabitants shall
7be appropriated and expended by the board of that district for
8any of the programs included in the block grant or any of the
9board's lawful purposes. Beginning in Fiscal Year 2018, at
10least 25% of any additional Preschool Education, Parental
11Training, and Prevention Initiative program funding over and
12above the previous fiscal year's allocation shall be used to
13fund programs for children ages 0-3. Beginning in Fiscal Year
142018, funding for Preschool Education, Parental Training, and
15Prevention Initiative programs above the allocation for these
16programs in Fiscal Year 2017 must be used solely as a
17supplement for these programs and may not supplant funds
18received from other sources.
19 (b-5) Beginning in Fiscal Year 2027, the Department of
20Early Childhood shall award a block grant for Preschool
21Education, Parental Training, and Prevention Initiative to a
22school district having a population exceeding 500,000
23inhabitants. The grants are subject to audit. Therefore, block
24grant receipts and block grant expenditures shall be recorded
25to the appropriate fund code for the designated block grant.
26Notwithstanding any other provision of law, all amounts paid

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

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1allocation for these programs in Fiscal Year 2017 must be used
2solely as a supplement for these programs and may not supplant
3funds received from other sources.
4 (c) The educational services block grant shall include the
5following programs: Regular and Vocational Transportation,
6State Lunch and Free Breakfast Program, Special Education
7(Personnel, Transportation, Orphanage, Private Tuition),
8funding for children requiring special education services,
9Summer School, Educational Service Centers, and
10Administrator's Academy. This subsection (c) does not relieve
11the district of its obligation to provide the services
12required under a program that is included within the
13educational services block grant. It is the intention of the
14General Assembly in enacting the provisions of this subsection
15(c) to relieve the district of the administrative burdens that
16impede efficiency and accompany single-program funding. The
17General Assembly encourages the board to pursue mandate
18waivers pursuant to Section 2-3.25g.
19 The funding program included in the educational services
20block grant for funding for children requiring special
21education services in each fiscal year shall be treated in
22that fiscal year as a payment to the school district in respect
23of services provided or costs incurred in the prior fiscal
24year, calculated in each case as provided in this Section.
25Nothing in this Section shall change the nature of payments
26for any program that, apart from this Section, would be or,

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

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1Board of Education.
2 (f) A school district to which this Section applies shall
3report to the State Board of Education on its use of the block
4grants in such form and detail as the State Board of Education
5may specify. In addition, the report must include the
6following description for the district, which must also be
7reported to the General Assembly: block grant allocation and
8expenditures by program; population and service levels by
9program; and administrative expenditures by program. The State
10Board of Education shall ensure that the reporting
11requirements for the district are the same as for all other
12school districts in this State.
13 (g) This paragraph provides for the treatment of block
14grants under Article 1C for purposes of calculating the amount
15of block grants for a district under this Section. Those block
16grants under Article 1C are, for this purpose, treated as
17included in the amount of appropriation for the various
18programs set forth in paragraph (b) above. The appropriation
19in each current fiscal year for each block grant under Article
201C shall be treated for these purposes as appropriations for
21the individual program included in that block grant. The
22proportion of each block grant so allocated to each such
23program included in it shall be the proportion which the
24appropriation for that program was of all appropriations for
25such purposes now in that block grant, in fiscal 1995.
26 Payments to the school district under this Section with

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1respect to each program for which payments to school districts
2generally, as of the date of this amendatory Act of the 92nd
3General Assembly, are on a reimbursement basis shall continue
4to be made to the district on a reimbursement basis, pursuant
5to the provisions of this Code governing those programs.
6 (h) Notwithstanding any other provision of law, any school
7district receiving a block grant under this Section may
8classify all or a portion of the funds that it receives in a
9particular fiscal year from any block grant authorized under
10this Code or from general State aid pursuant to Section
1118-8.05 of this Code (other than supplemental general State
12aid) as funds received in connection with any funding program
13for which it is entitled to receive funds from the State in
14that fiscal year (including, without limitation, any funding
15program referred to in subsection (c) of this Section),
16regardless of the source or timing of the receipt. The
17district may not classify more funds as funds received in
18connection with the funding program than the district is
19entitled to receive in that fiscal year for that program. Any
20classification by a district must be made by a resolution of
21its board of education. The resolution must identify the
22amount of any block grant or general State aid to be classified
23under this subsection (h) and must specify the funding program
24to which the funds are to be treated as received in connection
25therewith. This resolution is controlling as to the
26classification of funds referenced therein. A certified copy

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1of the resolution must be sent to the State Superintendent of
2Education. The resolution shall still take effect even though
3a copy of the resolution has not been sent to the State
4Superintendent of Education in a timely manner. No
5classification under this subsection (h) by a district shall
6affect the total amount or timing of money the district is
7entitled to receive under this Code. No classification under
8this subsection (h) by a district shall in any way relieve the
9district from or affect any requirements that otherwise would
10apply with respect to the block grant as provided in this
11Section, including any accounting of funds by source,
12reporting expenditures by original source and purpose,
13reporting requirements, or requirements of provision of
14services.
15(Source: P.A. 100-55, eff. 8-11-17.)
16 (Text of Section from P.A. 100-465)
17 Sec. 1D-1. Block grant funding.
18 (a) For fiscal year 1996 through fiscal year 2017, the
19State Board of Education shall award to a school district
20having a population exceeding 500,000 inhabitants a general
21education block grant and an educational services block grant,
22determined as provided in this Section, in lieu of
23distributing to the district separate State funding for the
24programs described in subsections (b) and (c). The provisions
25of this Section, however, do not apply to any federal funds

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1that the district is entitled to receive. In accordance with
2Section 2-3.32, all block grants are subject to an audit.
3Therefore, block grant receipts and block grant expenditures
4shall be recorded to the appropriate fund code for the
5designated block grant.
6 (b) The general education block grant shall include the
7following programs: REI Initiative, Summer Bridges, Preschool
8At Risk, K-6 Comprehensive Arts, School Improvement Support,
9Urban Education, Scientific Literacy, Substance Abuse
10Prevention, Second Language Planning, Staff Development,
11Outcomes and Assessment, K-6 Reading Improvement, 7-12
12Continued Reading Improvement, Truants' Optional Education,
13Hispanic Programs, Agriculture Education, Parental Education,
14Prevention Initiative, Report Cards, and Criminal Background
15Investigations. The general education block grant shall also
16include Preschool Education, Parental Training, and Prevention
17Initiative through June 30, 2026. Notwithstanding any other
18provision of law, all amounts paid under the general education
19block grant from State appropriations to a school district in
20a city having a population exceeding 500,000 inhabitants shall
21be appropriated and expended by the board of that district for
22any of the programs included in the block grant or any of the
23board's lawful purposes.
24 (b-5) Beginning in Fiscal Year 2027, the Department of
25Early Childhood shall award a block grant for Preschool
26Education, Parental Training, and Prevention Initiative to a

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

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

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

SB0001 Enrolled- 177 -LRB103 25137 RJT 51476 b
1 (e) The district is not required to file any application
2or other claim in order to receive the block grants to which it
3is entitled under this Section. The State Board of Education
4shall make payments to the district of amounts due under the
5district's block grants on a schedule determined by the State
6Board of Education.
7 (f) A school district to which this Section applies shall
8report to the State Board of Education on its use of the block
9grants in such form and detail as the State Board of Education
10may specify. In addition, the report must include the
11following description for the district, which must also be
12reported to the General Assembly: block grant allocation and
13expenditures by program; population and service levels by
14program; and administrative expenditures by program. The State
15Board of Education shall ensure that the reporting
16requirements for the district are the same as for all other
17school districts in this State.
18 (g) Through fiscal year 2017, this paragraph provides for
19the treatment of block grants under Article 1C for purposes of
20calculating the amount of block grants for a district under
21this Section. Those block grants under Article 1C are, for
22this purpose, treated as included in the amount of
23appropriation for the various programs set forth in paragraph
24(b) above. The appropriation in each current fiscal year for
25each block grant under Article 1C shall be treated for these
26purposes as appropriations for the individual program included

SB0001 Enrolled- 178 -LRB103 25137 RJT 51476 b
1in that block grant. The proportion of each block grant so
2allocated to each such program included in it shall be the
3proportion which the appropriation for that program was of all
4appropriations for such purposes now in that block grant, in
5fiscal 1995.
6 Payments to the school district under this Section with
7respect to each program for which payments to school districts
8generally, as of the date of this amendatory Act of the 92nd
9General Assembly, are on a reimbursement basis shall continue
10to be made to the district on a reimbursement basis, pursuant
11to the provisions of this Code governing those programs.
12 (h) Notwithstanding any other provision of law, any school
13district receiving a block grant under this Section may
14classify all or a portion of the funds that it receives in a
15particular fiscal year from any block grant authorized under
16this Code or from general State aid pursuant to Section
1718-8.05 of this Code (other than supplemental general State
18aid) as funds received in connection with any funding program
19for which it is entitled to receive funds from the State in
20that fiscal year (including, without limitation, any funding
21program referred to in subsection (c) of this Section),
22regardless of the source or timing of the receipt. The
23district may not classify more funds as funds received in
24connection with the funding program than the district is
25entitled to receive in that fiscal year for that program. Any
26classification by a district must be made by a resolution of

SB0001 Enrolled- 179 -LRB103 25137 RJT 51476 b
1its board of education. The resolution must identify the
2amount of any block grant or general State aid to be classified
3under this subsection (h) and must specify the funding program
4to which the funds are to be treated as received in connection
5therewith. This resolution is controlling as to the
6classification of funds referenced therein. A certified copy
7of the resolution must be sent to the State Superintendent of
8Education. The resolution shall still take effect even though
9a copy of the resolution has not been sent to the State
10Superintendent of Education in a timely manner. No
11classification under this subsection (h) by a district shall
12affect the total amount or timing of money the district is
13entitled to receive under this Code. No classification under
14this subsection (h) by a district shall in any way relieve the
15district from or affect any requirements that otherwise would
16apply with respect to the block grant as provided in this
17Section, including any accounting of funds by source,
18reporting expenditures by original source and purpose,
19reporting requirements, or requirements of provision of
20services.
21(Source: P.A. 100-465, eff. 8-31-17.)
22 (105 ILCS 5/2-3.47) (from Ch. 122, par. 2-3.47)
23 Sec. 2-3.47. The State Board of Education shall annually
24submit a budget recommendation to the Governor and General
25Assembly that contains recommendations for funding for

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

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

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1 The committee shall make periodic recommendations to the
2State Superintendent of Education and the General Assembly
3concerning the assessments.
4 (f) The State Board may adopt rules to implement and
5administer this Section.
6(Source: P.A. 101-654, eff. 3-8-21; 102-635, eff. 11-30-21
7(See Section 10 of P.A. 102-671 for effective date of P.A.
8102-209).)
9 (105 ILCS 5/2-3.71) (from Ch. 122, par. 2-3.71)
10 Sec. 2-3.71. Grants for preschool educational programs.
11 (a) Preschool program.
12 (1) Through June 30, 2026, the The State Board of
13 Education shall implement and administer a grant program
14 under the provisions of this subsection which shall
15 consist of grants to public school districts and other
16 eligible entities, as defined by the State Board of
17 Education, to conduct voluntary preschool educational
18 programs for children ages 3 to 5 which include a parent
19 education component. A public school district which
20 receives grants under this subsection may subcontract with
21 other entities that are eligible to conduct a preschool
22 educational program. These grants must be used to
23 supplement, not supplant, funds received from any other
24 source.
25 (1.5) On and after July 1, 2026, the Department of

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

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

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1 Human Services under the authority of 42 U.S.C. 9902(2).
2 For purposes of this paragraph (4.5), at-risk children are
3 those who because of their home and community environment
4 are subject to such language, cultural, economic and like
5 disadvantages to cause them to have been determined as a
6 result of screening procedures to be at risk of academic
7 failure. Through June 30, 2026, such screening procedures
8 shall be based on criteria established by the State Board
9 of Education. On and after July 1, 2026, such screening
10 procedures shall be based on criteria established by the
11 Department of Early Childhood. Such screening procedures
12 shall be based on criteria established by the State Board
13 of Education.
14 Except as otherwise provided in this paragraph (4.5),
15 grantees under the program must enter into a memorandum of
16 understanding with the appropriate local Head Start
17 agency. This memorandum must be entered into no later than
18 3 months after the award of a grantee's grant under the
19 program, except that, in the case of the 2009-2010 program
20 year, the memorandum must be entered into no later than
21 the deadline set by the State Board of Education for
22 applications to participate in the program in fiscal year
23 2011, and must address collaboration between the grantee's
24 program and the local Head Start agency on certain issues,
25 which shall include without limitation the following:
26 (A) educational activities, curricular objectives,

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1 and instruction;
2 (B) public information dissemination and access to
3 programs for families contacting programs;
4 (C) service areas;
5 (D) selection priorities for eligible children to
6 be served by programs;
7 (E) maximizing the impact of federal and State
8 funding to benefit young children;
9 (F) staff training, including opportunities for
10 joint staff training;
11 (G) technical assistance;
12 (H) communication and parent outreach for smooth
13 transitions to kindergarten;
14 (I) provision and use of facilities,
15 transportation, and other program elements;
16 (J) facilitating each program's fulfillment of its
17 statutory and regulatory requirements;
18 (K) improving local planning and collaboration;
19 and
20 (L) providing comprehensive services for the
21 neediest Illinois children and families.
22 Through June 30, 2026, if If the appropriate local Head
23 Start agency is unable or unwilling to enter into a
24 memorandum of understanding as required under this
25 paragraph (4.5), the memorandum of understanding
26 requirement shall not apply and the grantee under the

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

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1 (5.1) On and after July 1, 2026, the Department of
2 Early Childhood shall develop and provide evaluation
3 tools, including tests, that school districts and other
4 eligible entities may use to evaluate children for school
5 readiness prior to age 5. The Department of Early
6 Childhood shall require school districts and other
7 eligible entities to obtain consent from the parents or
8 guardians of children before any evaluations are
9 conducted. The Department of Early Childhood shall
10 encourage local school districts and other eligible
11 entities to evaluate the population of preschool children
12 in their communities and provide preschool programs,
13 pursuant to this subsection, where appropriate.
14 (6) Through June 30, 2026, the The State Board of
15 Education shall report to the General Assembly by November
16 1, 2018 and every 2 years thereafter on the results and
17 progress of students who were enrolled in preschool
18 educational programs, including an assessment of which
19 programs have been most successful in promoting academic
20 excellence and alleviating academic failure. Through June
21 30, 2026, the The State Board of Education shall assess
22 the academic progress of all students who have been
23 enrolled in preschool educational programs.
24 Through fiscal year 2026, on On or before November 1
25 of each fiscal year in which the General Assembly provides
26 funding for new programs under paragraph (4.5) of this

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

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

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

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

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

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

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1 individualized education program or individual family
2 service plan shall be construed in a manner consistent
3 with the federal Individuals with Disabilities
4 Education Act.
5 The Department of Early Childhood State Board of
6 Education, in consultation with the Governor's Office of
7 Early Childhood Development and the Department of Children
8 and Family Services, shall adopt rules to administer this
9 paragraph (7).
10 (b) (Blank).
11 (c) Notwithstanding any other provisions of this Section,
12grantees may serve children ages 0 to 12 of essential workers
13if the Governor has declared a disaster due to a public health
14emergency pursuant to Section 7 of the Illinois Emergency
15Management Agency Act. For the purposes of this subsection,
16essential workers include those outlined in Executive Order
1720-8 and school employees. The State Board of Education shall
18adopt rules to administer this subsection.
19 (d) Paragraphs (a)(1), (a)(1.5), (a)(4.5), (a)(5),
20(a)(5.1), (a)(6), (a)(6.1), and (a)(7) and subsection (c) of
21this Section are inoperative on and after July 1, 2026.
22(Source: P.A. 103-111, eff. 6-29-23.)
23 (105 ILCS 5/2-3.71a) (from Ch. 122, par. 2-3.71a)
24 Sec. 2-3.71a. Grants for early childhood parental training
25programs. The State Board of Education shall implement and

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

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

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1the parent require his or her attendance at such courses.
2 (e) Parents who participate in early childhood parental
3training programs under this Section may be eligible for
4reasonable reimbursement of any incidental transportation and
5child care expenses from the school district receiving funds
6pursuant to this Section.
7 (f) Districts and other eligible entities receiving grants
8pursuant to this Section shall coordinate programs created
9under this Section with other preschool educational programs,
10including "at-risk" preschool programs, special and vocational
11education, and related services provided by other governmental
12agencies and not-for-profit agencies.
13 (g) The State Board of Education shall report to the
14General Assembly by July 1, 1991, on the results of the
15programs funded pursuant to this Section and whether a need
16continues for such programs.
17 (h) After July 1, 2006, any parental training services
18funded pursuant to this Section on the effective date of this
19amendatory Act of the 94th General Assembly shall continue to
20be funded pursuant to this Section, subject to appropriation
21and the meeting of program standards. Any additional parental
22training services must be funded, subject to appropriation,
23through preschool education grants pursuant to subdivision (4)
24of subsection (a) of Section 2-3.71 of this Code for families
25with children ages 3 to 5 and through prevention initiative
26grants pursuant to subsection (b) of Section 2-3.89 of this

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

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

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1for services statewide; the cost of serving the children and
2their families; the types of services to be provided; and
3designs for the most effective delivery systems of these
4services.
5 This Section is repealed on July 1, 2026.
6(Source: P.A. 89-397, eff. 8-20-95; 89-507, eff. 7-1-97.)
7 (105 ILCS 5/2-3.89) (from Ch. 122, par. 2-3.89)
8 Sec. 2-3.89. Programs concerning services to at-risk
9children and their families.
10 (a) The State Board of Education may provide grants to
11eligible entities, as defined by the State Board of Education,
12to establish programs which offer coordinated services to
13at-risk infants and toddlers and their families. Each program
14shall include a parent education program relating to the
15development and nurturing of infants and toddlers and case
16management services to coordinate existing services available
17in the region served by the program. These services shall be
18provided through the implementation of an individual family
19service plan. Each program will have a community involvement
20component to provide coordination in the service system.
21 (b) The State Board of Education shall administer the
22programs through the grants to public school districts and
23other eligible entities. These grants must be used to
24supplement, not supplant, funds received from any other
25source. School districts and other eligible entities receiving

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1grants pursuant to this Section shall conduct voluntary,
2intensive, research-based, and comprehensive prevention
3services, as defined by the State Board of Education, for
4expecting parents and families with children from birth to age
53 who are at-risk of academic failure. A public school
6district that receives a grant under this Section may
7subcontract with other eligible entities.
8 (c) The State Board of Education shall report to the
9General Assembly by July 1, 2006 and every 2 years thereafter,
10using the most current data available, on the status of
11programs funded under this Section, including without
12limitation characteristics of participants, services
13delivered, program models used, unmet needs, and results of
14the programs funded.
15 (d) This Section is repealed on July 1, 2026.
16(Source: P.A. 96-734, eff. 8-25-09.)
17 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
18 (Text of Section before amendment by P.A. 102-466)
19 Sec. 10-22.6. Suspension or expulsion of pupils; school
20searches.
21 (a) To expel pupils guilty of gross disobedience or
22misconduct, including gross disobedience or misconduct
23perpetuated by electronic means, pursuant to subsection (b-20)
24of this Section, and no action shall lie against them for such
25expulsion. Expulsion shall take place only after the parents

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1have been requested to appear at a meeting of the board, or
2with a hearing officer appointed by it, to discuss their
3child's behavior. Such request shall be made by registered or
4certified mail and shall state the time, place and purpose of
5the meeting. The board, or a hearing officer appointed by it,
6at such meeting shall state the reasons for dismissal and the
7date on which the expulsion is to become effective. If a
8hearing officer is appointed by the board, he shall report to
9the board a written summary of the evidence heard at the
10meeting and the board may take such action thereon as it finds
11appropriate. If the board acts to expel a pupil, the written
12expulsion decision shall detail the specific reasons why
13removing the pupil from the learning environment is in the
14best interest of the school. The expulsion decision shall also
15include a rationale as to the specific duration of the
16expulsion. An expelled pupil may be immediately transferred to
17an alternative program in the manner provided in Article 13A
18or 13B of this Code. A pupil must not be denied transfer
19because of the expulsion, except in cases in which such
20transfer is deemed to cause a threat to the safety of students
21or staff in the alternative program.
22 (b) To suspend or by policy to authorize the
23superintendent of the district or the principal, assistant
24principal, or dean of students of any school to suspend pupils
25guilty of gross disobedience or misconduct, or to suspend
26pupils guilty of gross disobedience or misconduct on the

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1school bus from riding the school bus, pursuant to subsections
2(b-15) and (b-20) of this Section, and no action shall lie
3against them for such suspension. The board may by policy
4authorize the superintendent of the district or the principal,
5assistant principal, or dean of students of any school to
6suspend pupils guilty of such acts for a period not to exceed
710 school days. If a pupil is suspended due to gross
8disobedience or misconduct on a school bus, the board may
9suspend the pupil in excess of 10 school days for safety
10reasons.
11 Any suspension shall be reported immediately to the
12parents or guardian of a pupil along with a full statement of
13the reasons for such suspension and a notice of their right to
14a review. The school board must be given a summary of the
15notice, including the reason for the suspension and the
16suspension length. Upon request of the parents or guardian,
17the school board or a hearing officer appointed by it shall
18review such action of the superintendent or principal,
19assistant principal, or dean of students. At such review, the
20parents or guardian of the pupil may appear and discuss the
21suspension with the board or its hearing officer. If a hearing
22officer is appointed by the board, he shall report to the board
23a written summary of the evidence heard at the meeting. After
24its hearing or upon receipt of the written report of its
25hearing officer, the board may take such action as it finds
26appropriate. If a student is suspended pursuant to this

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

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

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1exhausted" shall be made by school officials. School officials
2shall make all reasonable efforts to resolve such threats,
3address such disruptions, and minimize the length of student
4exclusions to the greatest extent practicable. Within the
5suspension decision described in subsection (b) of this
6Section or the expulsion decision described in subsection (a)
7of this Section, it shall be documented whether other
8interventions were attempted or whether it was determined that
9there were no other appropriate and available interventions.
10 (b-25) Students who are suspended out-of-school for longer
11than 4 school days shall be provided appropriate and available
12support services during the period of their suspension. For
13purposes of this subsection (b-25), "appropriate and available
14support services" shall be determined by school authorities.
15Within the suspension decision described in subsection (b) of
16this Section, it shall be documented whether such services are
17to be provided or whether it was determined that there are no
18such appropriate and available services.
19 A school district may refer students who are expelled to
20appropriate and available support services.
21 A school district shall create a policy to facilitate the
22re-engagement of students who are suspended out-of-school,
23expelled, or returning from an alternative school setting.
24 (b-30) A school district shall create a policy by which
25suspended pupils, including those pupils suspended from the
26school bus who do not have alternate transportation to school,

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

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1 (1) A firearm. For the purposes of this Section,
2 "firearm" means any gun, rifle, shotgun, weapon as defined
3 by Section 921 of Title 18 of the United States Code,
4 firearm as defined in Section 1.1 of the Firearm Owners
5 Identification Card Act, or firearm as defined in Section
6 24-1 of the Criminal Code of 2012. The expulsion period
7 under this subdivision (1) may be modified by the
8 superintendent, and the superintendent's determination may
9 be modified by the board on a case-by-case basis.
10 (2) A knife, brass knuckles or other knuckle weapon
11 regardless of its composition, a billy club, or any other
12 object if used or attempted to be used to cause bodily
13 harm, including "look alikes" of any firearm as defined in
14 subdivision (1) of this subsection (d). The expulsion
15 requirement under this subdivision (2) may be modified by
16 the superintendent, and the superintendent's determination
17 may be modified by the board on a case-by-case basis.
18Expulsion or suspension shall be construed in a manner
19consistent with the federal Individuals with Disabilities
20Education Act. A student who is subject to suspension or
21expulsion as provided in this Section may be eligible for a
22transfer to an alternative school program in accordance with
23Article 13A of the School Code.
24 (d-5) The board may suspend or by regulation authorize the
25superintendent of the district or the principal, assistant
26principal, or dean of students of any school to suspend a

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

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

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1disciplinary consequence, though this shall not preclude
2requiring a student to provide restitution for lost, stolen,
3or damaged property.
4 (j) Subsections (a) through (i) of this Section shall
5apply to elementary and secondary schools, charter schools,
6special charter districts, and school districts organized
7under Article 34 of this Code.
8 (k) The expulsion of children enrolled in programs funded
9under Section 1C-2 of this Code is subject to the requirements
10under paragraph (7) of subsection (a) of Section 2-3.71 of
11this Code.
12 (l) Beginning with the 2018-2019 school year, an in-school
13suspension program provided by a school district for any
14students in kindergarten through grade 12 may focus on
15promoting non-violent conflict resolution and positive
16interaction with other students and school personnel. A school
17district may employ a school social worker or a licensed
18mental health professional to oversee an in-school suspension
19program in kindergarten through grade 12.
20(Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21;
21102-813, eff. 5-13-22.)
22 (Text of Section after amendment by P.A. 102-466)
23 Sec. 10-22.6. Suspension or expulsion of pupils; school
24searches.
25 (a) To expel pupils guilty of gross disobedience or

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

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1superintendent of the district or the principal, assistant
2principal, or dean of students of any school to suspend pupils
3guilty of gross disobedience or misconduct, or to suspend
4pupils guilty of gross disobedience or misconduct on the
5school bus from riding the school bus, pursuant to subsections
6(b-15) and (b-20) of this Section, and no action shall lie
7against them for such suspension. The board may by policy
8authorize the superintendent of the district or the principal,
9assistant principal, or dean of students of any school to
10suspend pupils guilty of such acts for a period not to exceed
1110 school days. If a pupil is suspended due to gross
12disobedience or misconduct on a school bus, the board may
13suspend the pupil in excess of 10 school days for safety
14reasons.
15 Any suspension shall be reported immediately to the
16parents or guardians of a pupil along with a full statement of
17the reasons for such suspension and a notice of their right to
18a review. The school board must be given a summary of the
19notice, including the reason for the suspension and the
20suspension length. Upon request of the parents or guardians,
21the school board or a hearing officer appointed by it shall
22review such action of the superintendent or principal,
23assistant principal, or dean of students. At such review, the
24parents or guardians of the pupil may appear and discuss the
25suspension with the board or its hearing officer. If a hearing
26officer is appointed by the board, he shall report to the board

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

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

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

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

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1witness, or anyone else in attendance at the hearing, the
2representative or support person may be prohibited from
3further participation in the hearing or proceeding. A
4suspension or expulsion proceeding under this subsection
5(b-35) must be conducted independently from any ongoing
6criminal investigation or proceeding, and an absence of
7pending or possible criminal charges, criminal investigations,
8or proceedings may not be a factor in school disciplinary
9decisions.
10 (b-40) During a suspension review hearing conducted under
11subsection (b) or an expulsion hearing conducted under
12subsection (a) that involves allegations of sexual violence by
13the student who is subject to discipline, neither the student
14nor his or her representative shall directly question nor have
15direct contact with the alleged victim. The student who is
16subject to discipline or his or her representative may, at the
17discretion and direction of the school board or its appointed
18hearing officer, suggest questions to be posed by the school
19board or its appointed hearing officer to the alleged victim.
20 (c) A school board must invite a representative from a
21local mental health agency to consult with the board at the
22meeting whenever there is evidence that mental illness may be
23the cause of a student's expulsion or suspension.
24 (c-5) School districts shall make reasonable efforts to
25provide ongoing professional development to teachers,
26administrators, school board members, school resource

SB0001 Enrolled- 220 -LRB103 25137 RJT 51476 b
1officers, and staff on the adverse consequences of school
2exclusion and justice-system involvement, effective classroom
3management strategies, culturally responsive discipline, the
4appropriate and available supportive services for the
5promotion of student attendance and engagement, and
6developmentally appropriate disciplinary methods that promote
7positive and healthy school climates.
8 (d) The board may expel a student for a definite period of
9time not to exceed 2 calendar years, as determined on a
10case-by-case basis. A student who is determined to have
11brought one of the following objects to school, any
12school-sponsored activity or event, or any activity or event
13that bears a reasonable relationship to school shall be
14expelled for a period of not less than one year:
15 (1) A firearm. For the purposes of this Section,
16 "firearm" means any gun, rifle, shotgun, weapon as defined
17 by Section 921 of Title 18 of the United States Code,
18 firearm as defined in Section 1.1 of the Firearm Owners
19 Identification Card Act, or firearm as defined in Section
20 24-1 of the Criminal Code of 2012. The expulsion period
21 under this subdivision (1) may be modified by the
22 superintendent, and the superintendent's determination may
23 be modified by the board on a case-by-case basis.
24 (2) A knife, brass knuckles or other knuckle weapon
25 regardless of its composition, a billy club, or any other
26 object if used or attempted to be used to cause bodily

SB0001 Enrolled- 221 -LRB103 25137 RJT 51476 b
1 harm, including "look alikes" of any firearm as defined in
2 subdivision (1) of this subsection (d). The expulsion
3 requirement under this subdivision (2) may be modified by
4 the superintendent, and the superintendent's determination
5 may be modified by the board on a case-by-case basis.
6Expulsion or suspension shall be construed in a manner
7consistent with the federal Individuals with Disabilities
8Education Act. A student who is subject to suspension or
9expulsion as provided in this Section may be eligible for a
10transfer to an alternative school program in accordance with
11Article 13A of the School Code.
12 (d-5) The board may suspend or by regulation authorize the
13superintendent of the district or the principal, assistant
14principal, or dean of students of any school to suspend a
15student for a period not to exceed 10 school days or may expel
16a student for a definite period of time not to exceed 2
17calendar years, as determined on a case-by-case basis, if (i)
18that student has been determined to have made an explicit
19threat on an Internet website against a school employee, a
20student, or any school-related personnel, (ii) the Internet
21website through which the threat was made is a site that was
22accessible within the school at the time the threat was made or
23was available to third parties who worked or studied within
24the school grounds at the time the threat was made, and (iii)
25the threat could be reasonably interpreted as threatening to
26the safety and security of the threatened individual because

SB0001 Enrolled- 222 -LRB103 25137 RJT 51476 b
1of his or her duties or employment status or status as a
2student inside the school.
3 (e) To maintain order and security in the schools, school
4authorities may inspect and search places and areas such as
5lockers, desks, parking lots, and other school property and
6equipment owned or controlled by the school, as well as
7personal effects left in those places and areas by students,
8without notice to or the consent of the student, and without a
9search warrant. As a matter of public policy, the General
10Assembly finds that students have no reasonable expectation of
11privacy in these places and areas or in their personal effects
12left in these places and areas. School authorities may request
13the assistance of law enforcement officials for the purpose of
14conducting inspections and searches of lockers, desks, parking
15lots, and other school property and equipment owned or
16controlled by the school for illegal drugs, weapons, or other
17illegal or dangerous substances or materials, including
18searches conducted through the use of specially trained dogs.
19If a search conducted in accordance with this Section produces
20evidence that the student has violated or is violating either
21the law, local ordinance, or the school's policies or rules,
22such evidence may be seized by school authorities, and
23disciplinary action may be taken. School authorities may also
24turn over such evidence to law enforcement authorities.
25 (f) Suspension or expulsion may include suspension or
26expulsion from school and all school activities and a

SB0001 Enrolled- 223 -LRB103 25137 RJT 51476 b
1prohibition from being present on school grounds.
2 (g) A school district may adopt a policy providing that if
3a student is suspended or expelled for any reason from any
4public or private school in this or any other state, the
5student must complete the entire term of the suspension or
6expulsion in an alternative school program under Article 13A
7of this Code or an alternative learning opportunities program
8under Article 13B of this Code before being admitted into the
9school district if there is no threat to the safety of students
10or staff in the alternative program. A school district that
11adopts a policy under this subsection (g) must include a
12provision allowing for consideration of any mitigating
13factors, including, but not limited to, a student's status as
14a parent, expectant parent, or victim of domestic or sexual
15violence, as defined in Article 26A.
16 (h) School officials shall not advise or encourage
17students to drop out voluntarily due to behavioral or academic
18difficulties.
19 (i) A student may not be issued a monetary fine or fee as a
20disciplinary consequence, though this shall not preclude
21requiring a student to provide restitution for lost, stolen,
22or damaged property.
23 (j) Subsections (a) through (i) of this Section shall
24apply to elementary and secondary schools, charter schools,
25special charter districts, and school districts organized
26under Article 34 of this Code.

SB0001 Enrolled- 224 -LRB103 25137 RJT 51476 b
1 (k) Through June 30, 2026, the The expulsion of children
2enrolled in programs funded under Section 1C-2 of this Code is
3subject to the requirements under paragraph (7) of subsection
4(a) of Section 2-3.71 of this Code.
5 (k-5) On and after July 1, 2026, the expulsion of children
6enrolled in programs funded under Section 15-25 of the
7Department of Early Childhood Act is subject to the
8requirements of paragraph (7) of subsection (a) of Section
915-30 of the Department of Early Childhood Act.
10 (l) Beginning with the 2018-2019 school year, an in-school
11suspension program provided by a school district for any
12students in kindergarten through grade 12 may focus on
13promoting non-violent conflict resolution and positive
14interaction with other students and school personnel. A school
15district may employ a school social worker or a licensed
16mental health professional to oversee an in-school suspension
17program in kindergarten through grade 12.
18(Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25;
19102-539, eff. 8-20-21; 102-813, eff. 5-13-22.)
20 (105 ILCS 5/21B-50)
21 Sec. 21B-50. Alternative Educator Licensure Program for
22Teachers.
23 (a) There is established an alternative educator licensure
24program, to be known as the Alternative Educator Licensure
25Program for Teachers.

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

SB0001 Enrolled- 226 -LRB103 25137 RJT 51476 b
1 recommended for full licensure or to continue with a
2 second year of the residency.
3 (3) (Blank).
4 (4) A comprehensive assessment of the candidate's
5 teaching effectiveness, as evaluated by the principal or
6 qualified equivalent of a principal, as required under
7 subsection (d) of this Section, and the program
8 coordinator, at the end of either the first or the second
9 year of residency. If there is disagreement between the 2
10 evaluators about the candidate's teaching effectiveness at
11 the end of the first year of residency, a second year of
12 residency shall be required. If there is disagreement
13 between the 2 evaluators at the end of the second year of
14 residency, the candidate may complete one additional year
15 of residency teaching under a professional development
16 plan developed by the principal or qualified equivalent
17 and the preparation program. At the completion of the
18 third year, a candidate must have positive evaluations and
19 a recommendation for full licensure from both the
20 principal or qualified equivalent and the program
21 coordinator or no Professional Educator License shall be
22 issued.
23 Successful completion of the program shall be deemed to
24satisfy any other practice or student teaching and content
25matter requirements established by law.
26 (c) An alternative provisional educator endorsement on an

SB0001 Enrolled- 227 -LRB103 25137 RJT 51476 b
1Educator License with Stipulations is valid for up to 2 years
2of teaching in the public schools, including without
3limitation a preschool educational program under Section
42-3.71 of this Code or Section 15-30 of the Department of Early
5Childhood Act or charter school, or in a State-recognized
6nonpublic school in which the chief administrator is required
7to have the licensure necessary to be a principal in a public
8school in this State and in which a majority of the teachers
9are required to have the licensure necessary to be instructors
10in a public school in this State, but may be renewed for a
11third year if needed to complete the Alternative Educator
12Licensure Program for Teachers. The endorsement shall be
13issued only once to an individual who meets all of the
14following requirements:
15 (1) Has graduated from a regionally accredited college
16 or university with a bachelor's degree or higher.
17 (2) (Blank).
18 (3) Has completed a major in the content area if
19 seeking a middle or secondary level endorsement or, if
20 seeking an early childhood, elementary, or special
21 education endorsement, has completed a major in the
22 content area of early childhood reading, English/language
23 arts, mathematics, or one of the sciences. If the
24 individual does not have a major in a content area for any
25 level of teaching, he or she must submit transcripts to
26 the State Board of Education to be reviewed for

SB0001 Enrolled- 228 -LRB103 25137 RJT 51476 b
1 equivalency.
2 (4) Has successfully completed phase (1) of subsection
3 (b) of this Section.
4 (5) Has passed a content area test required for the
5 specific endorsement for admission into the program, as
6 required under Section 21B-30 of this Code.
7 A candidate possessing the alternative provisional
8educator endorsement may receive a salary, benefits, and any
9other terms of employment offered to teachers in the school
10who are members of an exclusive bargaining representative, if
11any, but a school is not required to provide these benefits
12during the years of residency if the candidate is serving only
13as a co-teacher. If the candidate is serving as the teacher of
14record, the candidate must receive a salary, benefits, and any
15other terms of employment. Residency experiences must not be
16counted towards tenure.
17 (d) The recognized institution offering the Alternative
18Educator Licensure Program for Teachers must partner with a
19school district, including without limitation a preschool
20educational program under Section 2-3.71 of this Code or
21Section 15-30 of the Department of Early Childhood Act or
22charter school, or a State-recognized, nonpublic school in
23this State in which the chief administrator is required to
24have the licensure necessary to be a principal in a public
25school in this State and in which a majority of the teachers
26are required to have the licensure necessary to be instructors

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

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

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

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

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

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

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

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

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

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

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

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1 outcomes in later school years. Therefore, it is crucial
2 that the implications of chronic absence be understood and
3 reviewed regularly under the Preschool for All Program and
4 Preschool for All Expansion Program under Section 2-3.71
5 of this Code.
6 (c) The Preschool for All Program and Preschool for All
7Expansion Program under Section 2-3.71 of this Code shall
8collect and review its chronic absence data and determine what
9support and resources are needed to positively engage
10chronically absent students and their families to encourage
11the habit of daily attendance and promote success.
12 (d) The Preschool for All Program and Preschool for All
13Expansion Program under Section 2-3.71 of this Code are
14encouraged to do all of the following:
15 (1) Provide support to students who are at risk of
16 reaching or exceeding chronic absence levels.
17 (2) Make resources available to families, such as
18 those available through the State Board of Education's
19 Family Engagement Framework, to support and encourage
20 families to ensure their children's daily program
21 attendance.
22 (3) Include information about chronic absenteeism as
23 part of their preschool to kindergarten transition
24 resources.
25 (e) On or before July 1, 2020, and annually thereafter,
26the Preschool for All Program and Preschool for All Expansion

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

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

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

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

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

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

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

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

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1committee meetings shall be open to the public in accordance
2with the provisions of the Open Meetings Act.
3(Source: P.A. 102-174, eff. 7-28-21.)
4 (110 ILCS 28/35)
5 Sec. 35. Goals and metrics.
6 (a) By July 1, 2021 or within 60 days after the effective
7date of this amendatory Act of the 102nd General Assembly, the
8Board of Higher Education's Strategic Plan Educator Workforce
9subgroup on the early childhood workforce must set goals for
10the Consortium for the enrollment, persistence, and completion
11of members of the incumbent workforce in associate,
12bachelor's, and master's degree programs, Gateways Credentials
13in Level 2, 3, or 4, and Professional Educator Licensure by
14September 30, 2024. The goals set for the Consortium must be
15data informed and include targets for annual enrollment and
16persistence.
17 (b) Data from the Gateways Registry, March 2020, indicates
18that there are 7,670 individuals with an associate degree who
19would benefit from progressing to a baccalaureate degree and
2020,467 individuals with a high school diploma or some college
21who would benefit from progressing to an associate degree. If
22the goals cannot be set in accordance with subsection (a), the
23goal for the Consortium shall be that by September 30, 2024,
2420% of the individuals described in this subsection (b) who do
25not have a degree will have enrolled and be persisting toward

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1or have attained a Gateways Credential in Level 2, 3, or 4 or
2an associate degree and, of the individuals who have an
3associate degree, will be enrolled and persisting toward or
4have attained a baccalaureate degree or will be persisting
5toward or have attained a Professional Educator License.
6 (c) Student financial aid, including incentives and
7stipends, data-sharing, and professional statewide engagement
8and marketing campaign and recruitment efforts are critical to
9the Consortium's ability to quickly attract and enroll
10students into these programs. Navigators, mentors, and
11advisors are critical for persistence and completion. If
12federal funds are not appropriated for these purposes and the
13other purposes of this Section, the Board of Higher Education,
14the Illinois Community College Board, the State Board of
15Education, the Department of Human Services, and the
16Department of Early Childhood Governor's Office of Early
17Childhood Development, in consultation with the advisory
18committee, shall adjust the initial target metrics
19appropriately by adopting challenging goals that may be
20attainable with less public investment.
21 (d) The Board of Higher Education, the Illinois Community
22College Board, the State Board of Education, the Department of
23Human Services, and the Department of Early Childhood
24Governor's Office of Early Childhood Development, in
25consultation with the advisory committee, shall determine new
26metrics and goals for the Consortium as they relate to the

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

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

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

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

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

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

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1and the amount of child care provided may vary based on family
2size, income, and other factors as specified by rule.
3 The Department shall update the Child Care Assistance
4Program Eligibility Calculator posted on its website to
5include a question on whether a family is applying for child
6care assistance for the first time or is applying for a
7redetermination of eligibility.
8 A family's eligibility for child care services shall be
9redetermined no sooner than 12 months following the initial
10determination or most recent redetermination. During the
1112-month periods, the family shall remain eligible for child
12care services regardless of (i) a change in family income,
13unless family income exceeds 85% of State median income, or
14(ii) a temporary change in the ongoing status of the parents or
15other relatives, as defined by rule, as working or attending a
16job training or educational program.
17 In determining income eligibility for child care benefits,
18the Department annually, at the beginning of each fiscal year,
19shall establish, by rule, one income threshold for each family
20size, in relation to percentage of State median income for a
21family of that size, that makes families with incomes below
22the specified threshold eligible for assistance and families
23with incomes above the specified threshold ineligible for
24assistance. Through and including fiscal year 2007, the
25specified threshold must be no less than 50% of the
26then-current State median income for each family size.

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1Beginning in fiscal year 2008, the specified threshold must be
2no less than 185% of the then-current federal poverty level
3for each family size. Notwithstanding any other provision of
4law or administrative rule to the contrary, beginning in
5fiscal year 2019, the specified threshold for working families
6with very low incomes as defined by rule must be no less than
7185% of the then-current federal poverty level for each family
8size. Notwithstanding any other provision of law or
9administrative rule to the contrary, beginning in State fiscal
10year 2022 through State fiscal year 2023, the specified income
11threshold shall be no less than 200% of the then-current
12federal poverty level for each family size. Beginning in State
13fiscal year 2024, the specified income threshold shall be no
14less than 225% of the then-current federal poverty level for
15each family size.
16 In determining eligibility for assistance, the Department
17shall not give preference to any category of recipients or
18give preference to individuals based on their receipt of
19benefits under this Code.
20 Nothing in this Section shall be construed as conferring
21entitlement status to eligible families.
22 The Illinois Department is authorized to lower income
23eligibility ceilings, raise parent co-payments, create waiting
24lists, or take such other actions during a fiscal year as are
25necessary to ensure that child care benefits paid under this
26Article do not exceed the amounts appropriated for those child

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1care benefits. These changes may be accomplished by emergency
2rule under Section 5-45 of the Illinois Administrative
3Procedure Act, except that the limitation on the number of
4emergency rules that may be adopted in a 24-month period shall
5not apply.
6 The Illinois Department may contract with other State
7agencies or child care organizations for the administration of
8child care services.
9 (c) Payment shall be made for child care that otherwise
10meets the requirements of this Section and applicable
11standards of State and local law and regulation, including any
12requirements the Illinois Department promulgates by rule.
13Through June 30, 2026, the rules of this Section include
14licensure requirements adopted by the Department of Children
15and Family Services. On and after July 1, 2026, the rules of
16this Section include licensure requirements adopted by the
17Department of Early Childhood. In addition, the regulations of
18this Section include the in addition to the licensure
19requirements promulgated by the Department of Children and
20Family Services and Fire Prevention and Safety requirements
21promulgated by the Office of the State Fire Marshal, and is
22provided in any of the following:
23 (1) a child care center which is licensed or exempt
24 from licensure pursuant to Section 2.09 of the Child Care
25 Act of 1969;
26 (2) a licensed child care home or home exempt from

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

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1Child and day care home providers shall not be covered by the
2State Employees Group Insurance Act of 1971.
3 In according child and day care home providers and their
4selected representative rights under the Illinois Public Labor
5Relations Act, the State intends that the State action
6exemption to application of federal and State antitrust laws
7be fully available to the extent that their activities are
8authorized by Public Act 94-320.
9 (d) The Illinois Department shall establish, by rule, a
10co-payment scale that provides for cost sharing by families
11that receive child care services, including parents whose only
12income is from assistance under this Code. The co-payment
13shall be based on family income and family size and may be
14based on other factors as appropriate. Co-payments may be
15waived for families whose incomes are at or below the federal
16poverty level.
17 (d-5) The Illinois Department, in consultation with its
18Child Care and Development Advisory Council, shall develop a
19plan to revise the child care assistance program's co-payment
20scale. The plan shall be completed no later than February 1,
212008, and shall include:
22 (1) findings as to the percentage of income that the
23 average American family spends on child care and the
24 relative amounts that low-income families and the average
25 American family spend on other necessities of life;
26 (2) recommendations for revising the child care

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1 co-payment scale to assure that families receiving child
2 care services from the Department are paying no more than
3 they can reasonably afford;
4 (3) recommendations for revising the child care
5 co-payment scale to provide at-risk children with complete
6 access to Preschool for All and Head Start; and
7 (4) recommendations for changes in child care program
8 policies that affect the affordability of child care.
9 (e) (Blank).
10 (f) The Illinois Department shall, by rule, set rates to
11be paid for the various types of child care. Child care may be
12provided through one of the following methods:
13 (1) arranging the child care through eligible
14 providers by use of purchase of service contracts or
15 vouchers;
16 (2) arranging with other agencies and community
17 volunteer groups for non-reimbursed child care;
18 (3) (blank); or
19 (4) adopting such other arrangements as the Department
20 determines appropriate.
21 (f-1) Within 30 days after June 4, 2018 (the effective
22date of Public Act 100-587), the Department of Human Services
23shall establish rates for child care providers that are no
24less than the rates in effect on January 1, 2018 increased by
254.26%.
26 (f-5) (Blank).

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1 (g) Families eligible for assistance under this Section
2shall be given the following options:
3 (1) receiving a child care certificate issued by the
4 Department or a subcontractor of the Department that may
5 be used by the parents as payment for child care and
6 development services only; or
7 (2) if space is available, enrolling the child with a
8 child care provider that has a purchase of service
9 contract with the Department or a subcontractor of the
10 Department for the provision of child care and development
11 services. The Department may identify particular priority
12 populations for whom they may request special
13 consideration by a provider with purchase of service
14 contracts, provided that the providers shall be permitted
15 to maintain a balance of clients in terms of household
16 incomes and families and children with special needs, as
17 defined by rule.
18(Source: P.A. 102-491, eff. 8-20-21; 102-813, eff. 5-13-22;
19102-926, eff. 5-27-22; 103-8, eff. 6-7-23.)
20 (305 ILCS 5/9A-11.5)
21 Sec. 9A-11.5. Investigate child care providers.
22 (a) Through June 30, 2026, any Any child care provider
23receiving funds from the child care assistance program under
24this Code who is not required to be licensed under the Child
25Care Act of 1969 shall, as a condition of eligibility to

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

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

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

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1establish the Smart Start Child Care Program. The Smart Start
2Child Care Program shall focus on creating affordable child
3care, as well as increasing access to child care, for Illinois
4residents and may include, but is not limited to, providing
5funding to increase preschool availability, providing funding
6for childcare workforce compensation or capital investments,
7and expanding funding for Early Childhood Access Consortium
8for Equity Scholarships. The Department shall establish
9program eligibility criteria, participation conditions,
10payment levels, and other program requirements by rule. The
11Department of Human Services may consult with the Capital
12Development Board, the Department of Commerce and Economic
13Opportunity, and the Illinois Housing Development Authority in
14the management and disbursement of funds for capital-related
15projects. The Capital Development Board, the Department of
16Commerce and Economic Opportunity, and the Illinois Housing
17Development Authority shall act in a consulting role only for
18the evaluation of applicants, scoring of applicants, or
19administration of the grant program.
20 This Section is repealed on July 1, 2026.
21(Source: P.A. 103-8, eff. 6-7-23.)
22 Section 90-50. The Early Intervention Services System Act
23is amended by adding Section 20.1 as follows:
24 (325 ILCS 20/20.1 new)

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

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

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

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

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193-495 and continued under Public Act 102-899 shall advise
2State agencies on designing and implementing short-term and
3long-term strategies to provide comprehensive and coordinated
4services for children from birth to age 25 and their families
5with the goal of addressing children's mental health needs
6across a full continuum of care, including social determinants
7of health, prevention, early identification, and treatment.
8The recommended strategies shall build upon the
9recommendations in the Children's Mental Health Plan of 2022
10and may include, but are not limited to, recommendations
11regarding the following:
12 (1) Increasing public awareness on issues connected to
13 children's mental health and wellness to decrease stigma,
14 promote acceptance, and strengthen the ability of
15 children, families, and communities to access supports.
16 (2) Coordination of programs, services, and policies
17 across child-serving State agencies to best monitor and
18 assess spending, as well as foster innovation of adaptive
19 or new practices.
20 (3) Funding and resources for children's mental health
21 prevention, early identification, and treatment across
22 child-serving State agencies.
23 (4) Facilitation of research on best practices and
24 model programs and dissemination of this information to
25 State policymakers, practitioners, and the general public.
26 (5) Monitoring programs, services, and policies

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

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

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1 (B) a child advocate;
2 (C) a community mental health expert,
3 practitioner, or provider;
4 (D) a representative of a statewide association
5 representing a majority of hospitals in the State;
6 (E) an early childhood expert or practitioner;
7 (F) a representative from the K-12 school system;
8 (G) a representative from the healthcare sector;
9 (H) a substance use prevention expert or
10 practitioner, or a representative of a statewide
11 association representing community-based mental health
12 substance use disorder treatment providers in the
13 State;
14 (I) a violence prevention expert or practitioner;
15 (J) a representative from the juvenile justice
16 system;
17 (K) a school social worker; and
18 (L) a representative of a statewide organization
19 representing pediatricians.
20 (16) Two co-chairs appointed by the Governor, one
21 being a representative from the public and one being a
22 representative from the State.
23 The members appointed by the Governor shall be appointed
24for 4 years with one opportunity for reappointment, except as
25otherwise provided for in this subsection. Members who were
26appointed by the Governor and are serving on January 1, 2023

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1(the effective date of Public Act 102-899) shall maintain
2their appointment until the term of their appointment has
3expired. For new appointments made pursuant to Public Act
4102-899, members shall be appointed for one-year, 2-year, or
54-year terms, as determined by the Governor, with no more than
69 of the Governor's new or existing appointees serving the
7same term. Those new appointments serving a one-year or 2-year
8term may be appointed to 2 additional 4-year terms. If a
9vacancy occurs in the Partnership membership, the vacancy
10shall be filled in the same manner as the original appointment
11for the remainder of the term.
12 The Partnership shall be convened no later than January
1331, 2023 to discuss the changes in Public Act 102-899.
14 The members of the Partnership shall serve without
15compensation but may be entitled to reimbursement for all
16necessary expenses incurred in the performance of their
17official duties as members of the Partnership from funds
18appropriated for that purpose.
19 The Partnership may convene and appoint special committees
20or study groups to operate under the direction of the
21Partnership. Persons appointed to such special committees or
22study groups shall only receive reimbursement for reasonable
23expenses.
24 (b-5) The Partnership shall include an adjunct council
25comprised of no more than 6 youth aged 14 to 25 and 4
26representatives of 4 different community-based organizations

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1that focus on youth mental health. Of the community-based
2organizations that focus on youth mental health, one of the
3community-based organizations shall be led by an
4LGBTQ-identified person, one of the community-based
5organizations shall be led by a person of color, and one of the
6community-based organizations shall be led by a woman. Of the
7representatives appointed to the council from the
8community-based organizations, at least one representative
9shall be LGBTQ-identified, at least one representative shall
10be a person of color, and at least one representative shall be
11a woman. The council members shall be appointed by the Chair of
12the Partnership and shall reflect the racial, gender identity,
13sexual orientation, ability, socioeconomic, ethnic, and
14geographic diversity of the State, including rural, suburban,
15and urban appointees. The council shall make recommendations
16to the Partnership regarding youth mental health, including,
17but not limited to, identifying barriers to youth feeling
18supported by and empowered by the system of mental health and
19treatment providers, barriers perceived by youth in accessing
20mental health services, gaps in the mental health system,
21available resources in schools, including youth's perceptions
22and experiences with outreach personnel, agency websites, and
23informational materials, methods to destigmatize mental health
24services, and how to improve State policy concerning student
25mental health. The mental health system may include services
26for substance use disorders and addiction. The council shall

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

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1 (6) Employing an Executive Director and setting the
2 compensation of the Executive Director and other such
3 employees and technical assistance as it deems necessary
4 to carry out its duties under this Section.
5 The Partnership may designate a fiscal and administrative
6agent that can accept funds to carry out its duties as outlined
7in this Section.
8 The Department of Healthcare and Family Services shall
9provide technical and administrative support for the
10Partnership.
11 (e) The Partnership may accept monetary gifts or grants
12from the federal government or any agency thereof, from any
13charitable foundation or professional association, or from any
14reputable source for implementation of any program necessary
15or desirable to carry out the powers and duties as defined
16under this Section.
17 (f) On or before January 1, 2027, the Partnership shall
18submit recommendations to the Governor and General Assembly
19that includes recommended updates to the Act to reflect the
20current mental health landscape in this State.
21(Source: P.A. 102-16, eff. 6-17-21; 102-116, eff. 7-23-21;
22102-899, eff. 1-1-23; 102-1034, eff. 1-1-23; 103-154, eff.
236-30-23.)
24 Section 90-65. The Advisory Board for the Maternal and
25Child Health Block Grant Programs Act is amended by changing

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

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

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

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1throughout the State and advise and receive advice from any
2local advisory bodies created to address maternal and child
3health.
4 (c) The Board may offer recommendations and feedback
5regarding the development of the State's annual Maternal and
6Child Health Services Block Grant application and report as
7well as the periodic needs assessment.
8(Source: P.A. 99-901, eff. 8-26-16.)
9
ARTICLE 95. CHILD CARE ACT OF 1969 AMENDMENTS
10 (225 ILCS 10/2.11 rep.)
11 Section 95-5. The Child Care Act of 1969 is amended by
12repealing Section 2.11.
13 Section 95-10. The Child Care Act of 1969 is amended by
14changing Sections 2.09, 3, 4, 4.1, 4.3, 4.4, 4.5, 5, 5.1, 5.2,
155.8, 5.9, 5.10, 5.11, 6, 7, 7.2, 7.10, 8, 8.1, 8.2, 8.5, 9,
169.1, 9.1c, 9.2, 10, 11, 11.1, 11.2, 12, 15, 16, 17, and 18 and
17by adding Sections 3.01, 4.01, 4.2a, 4.3a, 4.4a, 5.01, 5.1a,
185.2a, 6.1, 7.01, 8a, 8.1a, 8.2a, 8.6, 9.01, 11.1a, 11.3, 12.1,
1915.1, 16.1, and 18.1 as follows:
20 (225 ILCS 10/2.09) (from Ch. 23, par. 2212.09)
21 Sec. 2.09. "Day care center" means any child care facility
22which regularly provides day care for less than 24 hours per

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

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

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

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

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1 authorization for medical care.
2 Programs or portions of programs requesting Child Care
3Assistance Program (CCAP) funding and otherwise meeting the
4requirements under item (j) shall request exemption from the
5Department and be determined exempt prior to receiving funding
6and must annually meet the eligibility requirements and be
7appropriate for payment under the CCAP.
8 Programs or portions of programs under item (j) that do
9not receive State or federal funds must comply with staff
10qualification and training standards established by rule by
11the Department of Human Services. The Department of Human
12Services shall set such standards after review of Afterschool
13for Children and Teens Now (ACT Now) evidence-based quality
14standards developed for school-age out-of-school time
15programs, feedback from the school-age out-of-school time
16program professionals, and review of out-of-school time
17professional development frameworks and quality tools.
18 Out-of-school time programs for school-age youth that
19receive State or federal funds must comply with only those
20staff qualifications and training standards set for the
21program by the State or federal entity issuing the funds.
22 For purposes of items (a), (b), (c), (d), and (i) of this
23Section, "children who shall have attained the age of 3 years"
24shall mean children who are 3 years of age, but less than 4
25years of age, at the time of enrollment in the program.
26(Source: P.A. 103-153, eff. 6-30-23.)

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

SB0001 Enrolled- 290 -LRB103 25137 RJT 51476 b
1may apply for licensing if licensing is required for some
2government benefit.
3 (e) (Blank) A provider of day care described in items (a)
4through (j) of Section 2.09 of this Act is exempt from
5licensure. The Department shall provide written verification
6of exemption and description of compliance with standards for
7the health, safety, and development of the children who
8receive the services upon submission by the provider of, in
9addition to any other documentation required by the
10Department, a notarized statement that the facility complies
11with: (1) the standards of the Department of Public Health or
12local health department, (2) the fire safety standards of the
13State Fire Marshal, and (3) if operated in a public school
14building, the health and safety standards of the State Board
15of Education.
16(Source: P.A. 99-699, eff. 7-29-16; 100-759, eff. 1-1-19.)
17 (225 ILCS 10/3.01 new)
18 Sec. 3.01. License or permit; Department of Early
19Childhood.
20 (a) No person, group of persons or corporation may operate
21or conduct any day care center, day care home, or group day
22care home without a license or permit issued by the Department
23of Early Childhood or without being approved by the Department
24of Early Childhood meeting the standards established for such
25licensing, with the exception of facilities for whom standards

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1are established by the Department of Corrections under Section
23-15-2 of the Unified Code of Corrections and with the
3exception of facilities defined in Section 2.10 of this Act,
4and with the exception of programs or facilities licensed by
5the Department of Human Services under the Substance Use
6Disorder Act.
7 (b) No part day child care facility as described in
8Section 2.10 may operate without written notification to the
9Department of Early Childhood or without complying with
10Section 7.1. Notification shall include a notarized statement
11by the facility that the facility complies with state or local
12health standards and state fire safety standards, and shall be
13filed with the Department every 2 years.
14 (c) The Secretary of Early Childhood shall establish
15policies and coordinate activities relating to licensing of
16day care centers, group day care homes, and day care homes.
17 (d) Any facility or agency which is exempt from licensing
18may apply for licensing if licensing is required for some
19government benefit.
20 (e) A provider of day care described in items (a) through
21(j) of Section 2.09 of this Act is exempt from licensure. The
22Department of Early Childhood shall provide written
23verification of exemption and description of compliance with
24standards for the health, safety, and development of the
25children who receive the services upon submission by the
26provider of, in addition to any other documentation required

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

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

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

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

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1children. The Department shall notify the public of the change
2in a newspaper of general circulation in the county or
3municipality in which the applicant's facility is or is
4proposed to be located.
5 (d) If, upon examination of the facility and investigation
6of persons responsible for care of children and, in the case of
7a foster home, taking into account information obtained for
8purposes of evaluating a preliminary application, if
9applicable, the Department is satisfied that the facility and
10responsible persons reasonably meet standards prescribed for
11the type of facility for which application is made, it shall
12issue a license in proper form, designating on that license
13the type of child care facility and, except for a child welfare
14agency, the number of children to be served at any one time.
15 (e) The Department shall not issue or renew the license of
16any child welfare agency providing adoption services, unless
17the agency (i) is officially recognized by the United States
18Internal Revenue Service as a tax-exempt organization
19described in Section 501(c)(3) of the Internal Revenue Code of
201986 (or any successor provision of federal tax law) and (ii)
21is in compliance with all of the standards necessary to
22maintain its status as an organization described in Section
23501(c)(3) of the Internal Revenue Code of 1986 (or any
24successor provision of federal tax law). The Department shall
25grant a grace period of 24 months from the effective date of
26this amendatory Act of the 94th General Assembly for existing

SB0001 Enrolled- 297 -LRB103 25137 RJT 51476 b
1child welfare agencies providing adoption services to obtain
2501(c)(3) status. The Department shall permit an existing
3child welfare agency that converts from its current structure
4in order to be recognized as a 501(c)(3) organization as
5required by this Section to either retain its current license
6or transfer its current license to a newly formed entity, if
7the creation of a new entity is required in order to comply
8with this Section, provided that the child welfare agency
9demonstrates that it continues to meet all other licensing
10requirements and that the principal officers and directors and
11programs of the converted child welfare agency or newly
12organized child welfare agency are substantially the same as
13the original. The Department shall have the sole discretion to
14grant a one year extension to any agency unable to obtain
15501(c)(3) status within the timeframe specified in this
16subsection (e), provided that such agency has filed an
17application for 501(c)(3) status with the Internal Revenue
18Service within the 2-year timeframe specified in this
19subsection (e).
20(Source: P.A. 101-63, eff. 7-12-19; 102-763, eff. 1-1-23.)
21 (225 ILCS 10/4.01 new)
22 Sec. 4.01. License requirement; application; notice;
23Department of Early Childhood.
24 (a) Any person, group of persons or corporation who or
25which receives children or arranges for care of one or more

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1children unrelated to the operator must apply for a license to
2operate one of the types of facilities defined in Sections
32.09, 2.18, and 2.20.
4 (b) Application for a license to operate a day care
5center, day care home, or group day care home must be made to
6the Department of Early Childhood in the manner and on forms
7prescribed by it.
8 (c) If, upon examination of the facility and investigation
9of persons responsible for care of children, the Department of
10Early Childhood is satisfied that the facility and responsible
11persons reasonably meet standards prescribed for the type of
12facility for which application is made, it shall issue a
13license in proper form, designating on that license the type
14of child care facility and the number of children to be served
15at any one time.
16 (225 ILCS 10/4.1) (from Ch. 23, par. 2214.1)
17 Sec. 4.1. Criminal background investigations. The
18Department of Children and Family Services or the Department
19of Early Childhood shall require that each child care facility
20license applicant under the agencies' respective authority as
21part of the application process, and each employee and
22volunteer of a child care facility or non-licensed service
23provider, as a condition of employment, authorize an
24investigation to determine if such applicant, employee, or
25volunteer has ever been charged with a crime and if so, the

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

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

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1relation to the performance of a child care facility shall be
2used by the Department of Children and Family Services or the
3Department of Early Childhood or any licensee. Any employee of
4the Department of Children and Family Services, Department of
5Early Childhood, Illinois State Police, or a child care
6facility receiving confidential information under this Section
7who gives or causes to be given any confidential information
8concerning any criminal convictions of an applicant, employee,
9or volunteer of a child care facility or non-licensed service
10provider, shall be guilty of a Class A misdemeanor unless
11release of such information is authorized by this Section.
12 A child care facility may hire, on a probationary basis,
13any employee or volunteer of a child care facility or
14non-licensed service provider authorizing a criminal
15background investigation under this Section, pending the
16result of such investigation. Employees and volunteers of a
17child care facility or non-licensed service provider shall be
18notified prior to hiring that such employment may be
19terminated on the basis of criminal background information
20obtained by the facility.
21(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23.)
22 (225 ILCS 10/4.2a new)
23 Sec. 4.2a. License eligibility; Department of Early
24Childhood.
25 (a) No applicant may receive a license from the Department

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1of Early Childhood and no person may be employed by a licensed
2child care facility who refuses to authorize an investigation
3as required by Section 4.1.
4 (b) In addition to the other provisions of this Section,
5no applicant may receive a license from the Department of
6Early Childhood and no person may be employed by a child care
7facility licensed by the Department of Early Childhood who has
8been declared a sexually dangerous person under the Sexually
9Dangerous Persons Act, or convicted of committing or
10attempting to commit any of the following offenses stipulated
11under the Criminal Code of 1961 or the Criminal Code of 2012:
12 (1) murder;
13 (1.1) solicitation of murder;
14 (1.2) solicitation of murder for hire;
15 (1.3) intentional homicide of an unborn child;
16 (1.4) voluntary manslaughter of an unborn child;
17 (1.5) involuntary manslaughter;
18 (1.6) reckless homicide;
19 (1.7) concealment of a homicidal death;
20 (1.8) involuntary manslaughter of an unborn child;
21 (1.9) reckless homicide of an unborn child;
22 (1.10) drug-induced homicide;
23 (2) a sex offense under Article 11, except offenses
24 described in Sections 11-7, 11-8, 11-12, 11-13, 11-35,
25 11-40, and 11-45;
26 (3) kidnapping;

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

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

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

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

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

SB0001 Enrolled- 308 -LRB103 25137 RJT 51476 b
1 Criminal Code of 1961 or the Criminal Code of 2012;
2 (8) forgery under Section 17-3 of the Criminal Code of
3 1961 or the Criminal Code of 2012;
4 (9) State benefits fraud under Section 17-6 of the
5 Criminal Code of 1961 or the Criminal Code of 2012;
6 (10) mail fraud and wire fraud under Section 17-24 of
7 the Criminal Code of 1961 or the Criminal Code of 2012;
8 (11) theft under paragraphs (1.1) through (11) of
9 subsection (b) of Section 16-1 of the Criminal Code of
10 1961 or the Criminal Code of 2012.
11 (b-2) Notwithstanding subsection (b-1), the Department of
12Early Childhood may make an exception and, for a day care
13center, day care home, or group day care home, issue a new
14child care facility license to or renew the existing child
15care facility license of an applicant, a person employed by a
16child care facility, or an applicant who has an adult residing
17in a home child care facility who was convicted of an offense
18described in subsection (b-1), provided that all of the
19following requirements are met:
20 (1) The relevant criminal offense occurred more than 5
21 years prior to the date of application or renewal, except
22 for drug offenses. The relevant drug offense must have
23 occurred more than 10 years prior to the date of
24 application or renewal, unless the applicant passed a drug
25 test, arranged and paid for by the child care facility, no
26 less than 5 years after the offense.

SB0001 Enrolled- 309 -LRB103 25137 RJT 51476 b
1 (2) The Department of Early Childhood must conduct a
2 background check and assess all convictions and
3 recommendations of the child care facility to determine if
4 hiring or licensing the applicant is in accordance with
5 Department of Early Childhood administrative rules and
6 procedures.
7 (3) The applicant meets all other requirements and
8 qualifications to be licensed as the pertinent type of
9 child care facility under this Act and the Department of
10 Early Childhood administrative rules.
11 (c) In evaluating the exception pursuant to subsection
12(b-2), the Department of Early Childhood must carefully review
13any relevant documents to determine whether the applicant,
14despite the disqualifying convictions, poses a substantial
15risk to State resources or clients. In making such a
16determination, the following guidelines shall be used:
17 (1) the age of the applicant when the offense was
18 committed;
19 (2) the circumstances surrounding the offense;
20 (3) the length of time since the conviction;
21 (4) the specific duties and responsibilities
22 necessarily related to the license being applied for and
23 the bearing, if any, that the applicant's conviction
24 history may have on the applicant's fitness to perform
25 these duties and responsibilities;
26 (5) the applicant's employment references;

SB0001 Enrolled- 310 -LRB103 25137 RJT 51476 b
1 (6) the applicant's character references and any
2 certificates of achievement;
3 (7) an academic transcript showing educational
4 attainment since the disqualifying conviction;
5 (8) a Certificate of Relief from Disabilities or
6 Certificate of Good Conduct; and
7 (9) anything else that speaks to the applicant's
8 character.
9 (225 ILCS 10/4.3) (from Ch. 23, par. 2214.3)
10 Sec. 4.3. Child Abuse and Neglect Reports. All child care
11facility license applicants (other than a day care center, day
12care home, or group day care home) and all current and
13prospective employees of a child care facility (other than a
14day care center, day care home, or group day care home) who
15have any possible contact with children in the course of their
16duties, as a condition of such licensure or employment, shall
17authorize in writing on a form prescribed by the Department an
18investigation of the Central Register, as defined in the
19Abused and Neglected Child Reporting Act, to ascertain if such
20applicant or employee has been determined to be a perpetrator
21in an indicated report of child abuse or neglect.
22 All child care facilities (other than a day care center,
23day care home, or group day care home) as a condition of
24licensure pursuant to this Act shall maintain such information
25which demonstrates that all current employees and other

SB0001 Enrolled- 311 -LRB103 25137 RJT 51476 b
1applicants for employment who have any possible contact with
2children in the course of their duties have authorized an
3investigation of the Central Register as hereinabove required.
4Only those current or prospective employees who will have no
5possible contact with children as part of their present or
6prospective employment may be excluded from provisions
7requiring authorization of an investigation.
8 Such information concerning a license applicant, employee
9or prospective employee obtained by the Department shall be
10confidential and exempt from public inspection and copying as
11provided under Section 7 of The Freedom of Information Act,
12and such information shall not be transmitted outside the
13Department, except as provided in the Abused and Neglected
14Child Reporting Act, and shall not be transmitted to anyone
15within the Department except as provided in the Abused and
16Neglected Child Reporting Act, and shall not be transmitted to
17anyone within the Department except as needed for the purposes
18of evaluation of an application for licensure or for
19consideration by a child care facility of an employee. Any
20employee of the Department of Children and Family Services
21under this Section who gives or causes to be given any
22confidential information concerning any child abuse or neglect
23reports about a child care facility applicant, child care
24facility employee, shall be guilty of a Class A misdemeanor,
25unless release of such information is authorized by Section
2611.1 of the Abused and Neglected Child Reporting Act.

SB0001 Enrolled- 312 -LRB103 25137 RJT 51476 b
1 Additionally, any licensee who is informed by the
2Department of Children and Family Services, pursuant to
3Section 7.4 of the Abused and Neglected Child Reporting Act,
4approved June 26, 1975, as amended, that a formal
5investigation has commenced relating to an employee of the
6child care facility or any other person in frequent contact
7with children at the facility, shall take reasonable action
8necessary to insure that the employee or other person is
9restricted during the pendency of the investigation from
10contact with children whose care has been entrusted to the
11facility.
12 When a foster family home is the subject of an indicated
13report under the Abused and Neglected Child Reporting Act, the
14Department of Children and Family Services must immediately
15conduct a re-examination of the foster family home to evaluate
16whether it continues to meet the minimum standards for
17licensure. The re-examination is separate and apart from the
18formal investigation of the report. The Department must
19establish a schedule for re-examination of the foster family
20home mentioned in the report at least once a year.
21(Source: P.A. 91-557, eff. 1-1-00.)
22 (225 ILCS 10/4.3a new)
23 Sec. 4.3a. Child Abuse and Neglect Reports; Department of
24Early Childhood. All child care facility license applicants
25and all current and prospective employees of a day care

SB0001 Enrolled- 313 -LRB103 25137 RJT 51476 b
1center, day care home, or group day care home who have any
2possible contact with children in the course of their duties,
3as a condition of such licensure or employment, shall
4authorize in writing on a form prescribed by the Department of
5Early Childhood an investigation of the Central Register, as
6defined in the Abused and Neglected Child Reporting Act, to
7ascertain if such applicant or employee has been determined to
8be a perpetrator in an indicated report of child abuse or
9neglect. All child care facilities as a condition of licensure
10pursuant to this Act shall maintain such information which
11demonstrates that all current employees and other applicants
12for employment who have any possible contact with children in
13the course of their duties have authorized an investigation of
14the Central Register as hereinabove required. Only those
15current or prospective employees who will have no possible
16contact with children as part of their present or prospective
17employment may be excluded from provisions requiring
18authorization of an investigation. Such information concerning
19a license applicant, employee or prospective employee obtained
20by the Department of Early Childhood shall be confidential and
21exempt from public inspection and copying as provided under
22Section 7 of The Freedom of Information Act, and such
23information shall not be transmitted outside the Department of
24Early Childhood, except as provided in the Abused and
25Neglected Child Reporting Act, and shall not be transmitted to
26anyone within the Department of Early Childhood except as

SB0001 Enrolled- 314 -LRB103 25137 RJT 51476 b
1provided in the Abused and Neglected Child Reporting Act, and
2shall not be transmitted to anyone within the Department of
3Early Childhood except as needed for the purposes of
4evaluation of an application for licensure or for
5consideration by a child care facility of an employee. Any
6employee of the Department of Early Childhood under this
7Section who gives or causes to be given any confidential
8information concerning any child abuse or neglect reports
9about a child care facility applicant or child care facility
10employee shall be guilty of a Class A misdemeanor, unless
11release of such information is authorized by Section 11.1 of
12the Abused and Neglected Child Reporting Act. Additionally,
13any licensee who is informed by the Department of Children and
14Family Services, pursuant to Section 7.4 of the Abused and
15Neglected Child Reporting Act that a formal investigation has
16commenced relating to an employee of the child care facility
17or any other person in frequent contact with children at the
18facility shall take reasonable action necessary to ensure that
19the employee or other person is restricted during the pendency
20of the investigation from contact with children whose care has
21been entrusted to the facility.
22 (225 ILCS 10/4.4) (from Ch. 23, par. 2214.4)
23 Sec. 4.4. This Section does not apply to any day care
24center, day care home, or group day care home. For the purposes
25of background investigations authorized in this Act, "license

SB0001 Enrolled- 315 -LRB103 25137 RJT 51476 b
1applicant" means the operator or person with direct
2responsibility for daily operation of the facility to be
3licensed. In the case of facilities to be operated in a family
4home, the Department may, by rule, require that other adult
5residents of that home also authorize such investigations with
6the exception of day care homes and group day care homes.
7(Source: P.A. 84-158.)
8 (225 ILCS 10/4.4a new)
9 Sec. 4.4a. Background investigations; Department of Early
10Childhood. For the purposes of background investigations
11authorized in this Act, "license applicant" means the operator
12or person with direct responsibility for daily operation of
13the day care center, day care home, or group day care home to
14be licensed. In the case of facilities to be operated in a
15family home, as related to day care homes and group day care
16homes, the Department of Early Childhood may, by rule, require
17that other adult residents of that home also authorize such
18investigations.
19 (225 ILCS 10/4.5)
20 Sec. 4.5. Children with disabilities; training.
21 (a) An owner or operator of a licensed day care home or
22group day care home or the onsite executive director of a
23licensed day care center must successfully complete a basic
24training course in providing care to children with

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

SB0001 Enrolled- 317 -LRB103 25137 RJT 51476 b
1applicant agency, such agency shall certify that the home and
2persons responsible for care of unrelated children therein, or
3the home and relatives, as defined in Section 2.17 of this Act,
4responsible for the care of related children therein, were
5found to be in reasonable compliance with standards prescribed
6by the Department for the type of care indicated.
7 (c) The Department shall not allow any person to examine
8facilities under a provision of this Act who has not passed an
9examination demonstrating that such person is familiar with
10this Act and with the appropriate standards and regulations of
11the Department.
12 (d) Licenses With the exception of day care centers, day
13care homes, and group day care homes, licenses shall be issued
14in such form and manner as prescribed by the Department and are
15valid for 4 years from the date issued, unless revoked by the
16Department or voluntarily surrendered by the licensee.
17Licenses issued for day care centers, day care homes, and
18group day care homes shall be valid for 3 years from the date
19issued, unless revoked by the Department or voluntarily
20surrendered by the licensee. When a licensee has made timely
21and sufficient application for the renewal of a license or a
22new license with reference to any activity of a continuing
23nature, the existing license shall continue in full force and
24effect for up to 30 days until the final agency decision on the
25application has been made. The Department may further extend
26the period in which such decision must be made in individual

SB0001 Enrolled- 318 -LRB103 25137 RJT 51476 b
1cases for up to 30 days, but such extensions shall be only upon
2good cause shown.
3 (e) The Department may issue one 6-month permit to a newly
4established facility for child care to allow that facility
5reasonable time to become eligible for a full license. If the
6facility for child care is a foster family home, or day care
7home the Department may issue one 2-month permit only.
8 (f) The Department may issue an emergency permit to a
9child care facility taking in children as a result of the
10temporary closure for more than 2 weeks of a licensed child
11care facility due to a natural disaster. An emergency permit
12under this subsection shall be issued to a facility only if the
13persons providing child care services at the facility were
14employees of the temporarily closed facility day care center
15at the time it was closed. No investigation of an employee of a
16child care facility receiving an emergency permit under this
17subsection shall be required if that employee has previously
18been investigated at another child care facility. No emergency
19permit issued under this subsection shall be valid for more
20than 90 days after the date of issuance.
21 (g) During the hours of operation of any licensed child
22care facility, authorized representatives of the Department
23may without notice visit the facility for the purpose of
24determining its continuing compliance with this Act or
25regulations adopted pursuant thereto.
26 (h) (Blank) Day care centers, day care homes, and group

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

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1continue in full force and effect for up to 30 days until the
2final agency decision on the application has been made. The
3Department of Early Childhood may further extend the period in
4which such decision must be made in individual cases for up to
530 days, but such extensions shall be only upon good cause
6shown.
7 (e) The Department of Early Childhood may issue one
86-month permit to a newly established facility for child care
9to allow that facility reasonable time to become eligible for
10a full license. If the facility for child care is a day care
11home the Department of Early Childhood may issue one 2-month
12permit only.
13 (f) The Department of Early Childhood may issue an
14emergency permit to a day care center taking in children as a
15result of the temporary closure for more than 2 weeks of a
16licensed child care facility due to a natural disaster. An
17emergency permit under this subsection shall be issued to a
18facility only if the persons providing child care services at
19the facility were employees of the temporarily closed day care
20center at the time it was closed. No investigation of an
21employee of a child care facility receiving an emergency
22permit under this subsection shall be required if that
23employee has previously been investigated at another child
24care facility. No emergency permit issued under this
25subsection shall be valid for more than 90 days after the date
26of issuance.

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

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

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1Secretary of State shall provide the Department with the
2information necessary to enable the Department to make the
3verifications required under subsection (a).
4 In the case of an individual employed at a group home or
5child care institution who becomes subject to subsection (a)
6for the first time after January 1, 2007 (the effective date of
7Public Act 94-943) this amendatory Act of the 94th General
8Assembly, the Department must make that verification with the
9Secretary of State before the individual operates a motor
10vehicle to transport a child or children under the
11circumstances described in subsection (a).
12 In the case of an individual employed at a group home or
13child care institution who is subject to subsection (a) on
14January 1, 2007 (the effective date of Public Act 94-943) this
15amendatory Act of the 94th General Assembly, the Department
16must make that verification with the Secretary of State within
1730 days after January 1, 2007 that effective date.
18 If the Department discovers that an individual fails to
19meet the requirements set forth in subsection (a), the
20Department shall promptly notify the appropriate group home or
21child care institution.
22 (b) Any individual who holds a valid Illinois school bus
23driver permit issued by the Secretary of State pursuant to the
24The Illinois Vehicle Code, and who is currently employed by a
25school district or parochial school, or by a contractor with a
26school district or parochial school, to drive a school bus

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

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

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

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

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1or group day care home.
2 (b) The Department of Early Childhood shall notify day
3care centers, day care homes, and group day care homes, on an
4ongoing basis, including during the license application
5facility examination and during annual license monitoring
6visits, of the provisions of this Section and the Children's
7Product Safety Act and of the comprehensive list of unsafe
8children's products as provided and maintained by the
9Department of Public Health available on the Internet, as
10determined in accordance with that Act, in plain,
11non-technical language that will enable each child care
12facility to effectively inspect children's products and
13identify unsafe children's products. Subject to availability
14of appropriations, the Department of Early Childhood, in
15accordance with the requirements of this Section, shall
16establish and maintain a database on the safety of consumer
17products and other products or substances regulated by the
18Department of Early Childhood that is: (i) publicly available;
19(ii) searchable; and (iii) accessible through the Internet
20website of the Department of Early Childhood. Child care
21facilities must maintain all written information provided
22pursuant to this subsection in a file accessible to both
23facility staff and parents of children attending the facility.
24Day care centers, day care homes, and group day care homes must
25post in prominent locations regularly visited by parents
26written notification of the existence of the comprehensive

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

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

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

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1 (225 ILCS 10/5.11)
2 Sec. 5.11. Plan for anaphylactic shock. The Department of
3Early Childhood shall require each licensed day care center,
4day care home, and group day care home to have a plan for
5anaphylactic shock to be followed for the prevention of
6anaphylaxis and during a medical emergency resulting from
7anaphylaxis. The plan should be based on the guidance and
8recommendations provided by the American Academy of Pediatrics
9relating to the management of food allergies or other
10allergies. The plan should be shared with parents or guardians
11upon enrollment at each licensed day care center, day care
12home, and group day care home. If a child requires specific
13specialized treatment during an episode of anaphylaxis, that
14child's treatment plan should be kept by the staff of the day
15care center, day care home, or group day care home and followed
16in the event of an emergency. Each licensed day care center,
17day care home, and group day care home shall have at least one
18staff member present at all times who has taken a training
19course in recognizing and responding to anaphylaxis.
20(Source: P.A. 102-413, eff. 8-20-21.)
21 (225 ILCS 10/6) (from Ch. 23, par. 2216)
22 Sec. 6. (a) A licensed facility operating as a "child care
23institution", "maternity center", or "child welfare agency",
24"day care agency" or "day care center" must apply for renewal
25of its license held, the application to be made to the

SB0001 Enrolled- 333 -LRB103 25137 RJT 51476 b
1Department on forms prescribed by it.
2 (b) The Department, a duly licensed child welfare agency
3or a suitable agency or person designated by the Department as
4its agent to do so, must re-examine every child care facility
5for renewal of license, including in that process the
6examination of the premises and records of the facility as the
7Department considers necessary to determine that minimum
8standards for licensing continue to be met, and random surveys
9of parents or legal guardians who are consumers of such
10facilities' services to assess the quality of care at such
11facilities. In the case of foster family homes, or day care
12homes under the supervision of or otherwise required to be
13licensed by the Department, or under supervision of a licensed
14child welfare agency or day care agency, the examination shall
15be made by the Department, or agency supervising such homes.
16If the Department is satisfied that the facility continues to
17maintain minimum standards which it prescribes and publishes,
18it shall renew the license to operate the facility.
19 (b-5) In the case of a quality of care concerns applicant
20as defined in Section 2.22a of this Act, in addition to the
21examination required in subsection (b) of this Section, the
22Department shall not renew the license of a quality of care
23concerns applicant unless the Department is satisfied that the
24foster family home does not pose a risk to children and that
25the foster family home will be able to meet the physical and
26emotional needs of children. In making this determination, the

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

SB0001 Enrolled- 335 -LRB103 25137 RJT 51476 b
1surrendered for cause, or (iii) expires or is surrendered with
2either certain types of involuntary placement holds in place
3or while a licensing or child abuse or neglect investigation
4is pending, or if the Department refuses to renew a foster home
5license, the foster home may not reapply for a license before
6the expiration of 5 years following the Department's action or
7following the expiration or surrender of the license.
8(Source: P.A. 99-779, eff. 1-1-17.)
9 (225 ILCS 10/6.1 new)
10 Sec. 6.1. License renewal; Department of Early Childhood.
11 (a) A licensed facility operating as a day care center
12must apply for renewal of its license held, the application to
13be made to the Department of Early Childhood on forms
14prescribed by it.
15 (b) The Department of Early Childhood must re-examine
16every day care center, day care home, and group day care home
17for renewal of license, including in that process the
18examination of the premises and records of the facility as the
19Department of Early Childhood considers necessary to determine
20that minimum standards for licensing continue to be met, and
21random surveys of parents or legal guardians who are consumers
22of such facilities' services to assess the quality of care at
23such facilities. In the case of day care homes under the
24supervision of or otherwise required to be licensed by the
25Department of Early Childhood, the examination shall be made

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

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

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

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

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

SB0001 Enrolled- 341 -LRB103 25137 RJT 51476 b
1classroom staff shall complete training by July 1, 2022 and
2shall participate in training that includes the above topics
3at least once every 3 years.
4 (b) If, in a facility for general child care (other than a
5day care center, day care home, or group day care home), there
6are children diagnosed as mentally ill or children diagnosed
7as having an intellectual or physical disability, who are
8determined to be in need of special mental treatment or of
9nursing care, or both mental treatment and nursing care, the
10Department shall seek the advice and recommendation of the
11Department of Human Services, the Department of Public Health,
12or both Departments regarding the residential treatment and
13nursing care provided by the institution.
14 (c) The Department shall investigate any person applying
15to be licensed as a foster parent to determine whether there is
16any evidence of current drug or alcohol abuse in the
17prospective foster family. The Department shall not license a
18person as a foster parent if drug or alcohol abuse has been
19identified in the foster family or if a reasonable suspicion
20of such abuse exists, except that the Department may grant a
21foster parent license to an applicant identified with an
22alcohol or drug problem if the applicant has successfully
23participated in an alcohol or drug treatment program,
24self-help group, or other suitable activities and if the
25Department determines that the foster family home can provide
26a safe, appropriate environment and meet the physical and

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

SB0001 Enrolled- 343 -LRB103 25137 RJT 51476 b
1 (f) (Blank) The Department shall prepare summaries of day
2care licensing standards. Each licensee or holder of a permit
3for a day care facility shall distribute a copy of the
4appropriate summary and any other information required by the
5Department, to the legal guardian of each child cared for in
6that facility at the time when the child is enrolled or
7initially placed in the facility. The licensee or holder of a
8permit for a day care facility shall secure appropriate
9documentation of the distribution of the summary and brochure.
10Such documentation shall be a part of the records of the
11facility and subject to inspection by an authorized
12representative of the Department.
13 (g) The Department shall distribute to each licensee and
14holder of a permit copies of the licensing or permit standards
15applicable to such person's facility (other than a day care
16center, day care home, or group day care home). Each licensee
17or holder of a permit shall make available by posting at all
18times in a common or otherwise accessible area a complete and
19current set of licensing standards in order that all employees
20of the facility may have unrestricted access to such
21standards. All employees of the facility shall have reviewed
22the standards and any subsequent changes. Each licensee or
23holder of a permit shall maintain appropriate documentation of
24the current review of licensing standards by all employees.
25Such records shall be part of the records of the facility and
26subject to inspection by authorized representatives of the

SB0001 Enrolled- 344 -LRB103 25137 RJT 51476 b
1Department.
2 (h) Any standards (other than standards of a day care
3center, day care home, or group day care home) involving
4physical examinations, immunization, or medical treatment
5shall include appropriate exemptions for children whose
6parents object thereto on the grounds that they conflict with
7the tenets and practices of a recognized church or religious
8organization, of which the parent is an adherent or member,
9and for children who should not be subjected to immunization
10for clinical reasons.
11 (i) (Blank) The Department, in cooperation with the
12Department of Public Health, shall work to increase
13immunization awareness and participation among parents of
14children enrolled in day care centers and day care homes by
15publishing on the Department's website information about the
16benefits of immunization against vaccine preventable diseases,
17including influenza and pertussis. The information for vaccine
18preventable diseases shall include the incidence and severity
19of the diseases, the availability of vaccines, and the
20importance of immunizing children and persons who frequently
21have close contact with children. The website content shall be
22reviewed annually in collaboration with the Department of
23Public Health to reflect the most current recommendations of
24the Advisory Committee on Immunization Practices (ACIP). The
25Department shall work with day care centers and day care homes
26licensed under this Act to ensure that the information is

SB0001 Enrolled- 345 -LRB103 25137 RJT 51476 b
1annually distributed to parents in August or September.
2 (j) (Blank) Any standard adopted by the Department that
3requires an applicant for a license to operate a day care home
4to include a copy of a high school diploma or equivalent
5certificate with the person's application shall be deemed to
6be satisfied if the applicant includes a copy of a high school
7diploma or equivalent certificate or a copy of a degree from an
8accredited institution of higher education or vocational
9institution or equivalent certificate.
10(Source: P.A. 102-4, eff. 4-27-21; 103-22, eff. 8-8-23.)
11 (225 ILCS 10/7.01 new)
12 Sec. 7.01. Minimum standards for licensing; Department of
13Early Childhood.
14 (a) The Department of Early Childhood must prescribe and
15publish minimum standards for licensing that apply to day care
16centers, day care homes, and group day care homes. The
17Department of Early Childhood shall seek the advice and
18assistance of persons representative of day care centers, day
19care homes, and group day care homes in establishing such
20standards. The standards prescribed and published under this
21Act take effect as provided in the Illinois Administrative
22Procedure Act, and are restricted to rules pertaining to the
23following matters and to any rules required or permitted by
24any other Section of this Act:
25 (1) The operation and conduct of the facility and

SB0001 Enrolled- 346 -LRB103 25137 RJT 51476 b
1 responsibility it assumes for child care;
2 (2) The character, suitability and qualifications of
3 the applicant and other persons directly responsible for
4 the care and welfare of children served. All child day
5 care center licensees and employees who are required to
6 report child abuse or neglect under the Abused and
7 Neglected Child Reporting Act shall be required to attend
8 training on recognizing child abuse and neglect, as
9 prescribed by Department of Early Childhood rules;
10 (3) The general financial ability and competence of
11 the applicant to provide necessary care for children and
12 to maintain prescribed standards;
13 (4) The number of individuals or staff required to
14 ensure adequate supervision and care of the children
15 received. The standards shall provide that each day care
16 center, day care home, and group day care home shall have
17 on its premises during its hours of operation at least one
18 staff member certified in first aid, in the Heimlich
19 maneuver and in cardiopulmonary resuscitation by the
20 American Red Cross or other organization approved by rule
21 of the Department of Early Childhood. The Department of
22 Early Childhood may offer, or arrange for the offering, on
23 a periodic basis in each community in this State in
24 cooperation with the American Red Cross, the American
25 Heart Association or other appropriate organization,
26 voluntary programs to train operators of day care homes in

SB0001 Enrolled- 347 -LRB103 25137 RJT 51476 b
1 first aid and cardiopulmonary resuscitation;
2 (5) The appropriateness, safety, cleanliness, and
3 general adequacy of the premises, including maintenance of
4 adequate fire prevention and health standards conforming
5 to State laws and municipal codes to provide for the
6 physical comfort, care, and well-being of children
7 received;
8 (6) Provisions for food, clothing, educational
9 opportunities, program, equipment and individual supplies
10 to ensure the healthy physical, mental, and spiritual
11 development of children served;
12 (7) Provisions to safeguard the legal rights of
13 children served;
14 (8) Maintenance of records pertaining to the
15 admission, progress, health, and discharge of children,
16 including, for day care centers and day care homes,
17 records indicating each child has been immunized as
18 required by State regulations. The Department of Early
19 Childhood shall require proof that children enrolled in a
20 facility have been immunized against Haemophilus
21 Influenzae B (HIB);
22 (9) Filing of reports with the Department of Early
23 Childhood;
24 (10) Discipline of children;
25 (11) Protection and fostering of the particular
26 religious faith of the children served;

SB0001 Enrolled- 348 -LRB103 25137 RJT 51476 b
1 (12) Provisions prohibiting firearms on day care
2 center premises except in the possession of peace
3 officers;
4 (13) Provisions prohibiting handguns on day care home
5 premises except in the possession of peace officers or
6 other adults who must possess a handgun as a condition of
7 employment and who reside on the premises of a day care
8 home;
9 (14) Provisions requiring that any firearm permitted
10 on day care home premises, except handguns in the
11 possession of peace officers, shall be kept in a
12 disassembled state, without ammunition, in locked storage,
13 inaccessible to children and that ammunition permitted on
14 day care home premises shall be kept in locked storage
15 separate from that of disassembled firearms, inaccessible
16 to children;
17 (15) Provisions requiring notification of parents or
18 guardians enrolling children at a day care home of the
19 presence in the day care home of any firearms and
20 ammunition and of the arrangements for the separate,
21 locked storage of such firearms and ammunition; and
22 (16) Provisions requiring all licensed child care
23 facility employees who care for newborns and infants to
24 complete training every 3 years on the nature of sudden
25 unexpected infant death (SUID), sudden infant death
26 syndrome (SIDS), and the safe sleep recommendations of the

SB0001 Enrolled- 349 -LRB103 25137 RJT 51476 b
1 American Academy of Pediatrics.
2 All licensed day care home providers, licensed group day
3care home providers, and licensed day care center directors
4and classroom staff shall participate in at least one training
5that includes the topics of early childhood social emotional
6learning, infant and early childhood mental health, early
7childhood trauma, or adverse childhood experiences. Current
8licensed providers, directors, and classroom staff shall
9complete training and shall participate in training that
10includes the above topics at least once every 3 years.
11 (b) The Department of Early Childhood, in applying
12standards prescribed and published, as herein provided, shall
13offer consultation through employed staff or other qualified
14persons to assist applicants and licensees in meeting and
15maintaining minimum requirements for a license and to help
16them otherwise to achieve programs of excellence related to
17the care of children served. Such consultation shall include
18providing information concerning education and training in
19early childhood development to providers of day care home
20services. The Department of Early Childhood may provide or
21arrange for such education and training for those providers
22who request such assistance.
23 (c) The Department of Early Childhood shall distribute
24copies of licensing standards to all licensees and applicants
25for a license. Each licensee or holder of a permit shall
26distribute copies of the appropriate licensing standards and

SB0001 Enrolled- 350 -LRB103 25137 RJT 51476 b
1any other information required by the Department of Early
2Childhood to child care facilities under its supervision. Each
3licensee or holder of a permit shall maintain appropriate
4documentation of the distribution of the standards. Such
5documentation shall be part of the records of the facility and
6subject to inspection by authorized representatives of the
7Department of Early Childhood.
8 (d) The Department of Early Childhood shall prepare
9summaries of day care licensing standards. Each licensee or
10holder of a permit for a day care facility shall distribute a
11copy of the appropriate summary and any other information
12required by the Department of Early Childhood, to the legal
13guardian of each child cared for in that facility at the time
14when the child is enrolled or initially placed in the
15facility. The licensee or holder of a permit for a day care
16facility shall secure appropriate documentation of the
17distribution of the summary and brochure. Such documentation
18shall be a part of the records of the facility and subject to
19inspection by an authorized representative of the Department
20of Early Childhood.
21 (e) The Department of Early Childhood shall distribute to
22each licensee and holder of a permit copies of the licensing or
23permit standards applicable to such person's facility. Each
24licensee or holder of a permit shall make available by posting
25at all times in a common or otherwise accessible area a
26complete and current set of licensing standards in order that

SB0001 Enrolled- 351 -LRB103 25137 RJT 51476 b
1all employees of the facility may have unrestricted access to
2such standards. All employees of the facility shall have
3reviewed the standards and any subsequent changes. Each
4licensee or holder of a permit shall maintain appropriate
5documentation of the current review of licensing standards by
6all employees. Such records shall be part of the records of the
7facility and subject to inspection by authorized
8representatives of the Department of Early Childhood.
9 (f) Any standards involving physical examinations,
10immunization, or medical treatment shall include appropriate
11exemptions for children whose parents object thereto on the
12grounds that they conflict with the tenets and practices of a
13recognized church or religious organization, of which the
14parent is an adherent or member, and for children who should
15not be subjected to immunization for clinical reasons.
16 (g) The Department of Early Childhood, in cooperation with
17the Department of Public Health, shall work to increase
18immunization awareness and participation among parents of
19children enrolled in day care centers and day care homes by
20publishing on the Department of Early Childhood's website
21information about the benefits of immunization against vaccine
22preventable diseases, including influenza and pertussis. The
23information for vaccine preventable diseases shall include the
24incidence and severity of the diseases, the availability of
25vaccines, and the importance of immunizing children and
26persons who frequently have close contact with children. The

SB0001 Enrolled- 352 -LRB103 25137 RJT 51476 b
1website content shall be reviewed annually in collaboration
2with the Department of Public Health to reflect the most
3current recommendations of the Advisory Committee on
4Immunization Practices (ACIP). The Department of Early
5Childhood shall work with day care centers and day care homes
6licensed under this Act to ensure that the information is
7annually distributed to parents in August or September.
8 (h) Any standard adopted by the Department of Early
9Childhood that requires an applicant for a license to operate
10a day care home to include a copy of a high school diploma or
11equivalent certificate with the person's application shall be
12deemed to be satisfied if the applicant includes a copy of a
13high school diploma or equivalent certificate or a copy of a
14degree from an accredited institution of higher education or
15vocational institution or equivalent certificate.
16 (225 ILCS 10/7.2) (from Ch. 23, par. 2217.2)
17 Sec. 7.2. Employer discrimination.
18 (a) For purposes of this Section: ,
19 "Employer" "employer" means a licensee or holder of a
20permit subject to this Act.
21 "Employee" means an employee of such an employer.
22 (b) No employer shall discharge, demote, or suspend, or
23threaten to discharge, demote, or suspend, or in any manner
24discriminate against any employee who:
25 (1) Makes any good faith oral or written complaint of

SB0001 Enrolled- 353 -LRB103 25137 RJT 51476 b
1 any employer's violation of any licensing or other laws
2 (including, but not limited to, laws concerning child
3 abuse or the transportation of children) which may result
4 in closure of the facility pursuant to Section 11.2 or
5 11.3 of this Act to the Department of Children and Family
6 Services or the Department of Early Childhood or other
7 agency having statutory responsibility for the enforcement
8 of such laws or to the employer or representative of the
9 employer;
10 (2) Institutes or causes to be instituted against any
11 employer any proceeding concerning the violation of any
12 licensing or other laws, including a proceeding to revoke
13 or to refuse to renew a license under Section 9 or 9.01 of
14 this Act;
15 (3) Is or will be a witness or testify in any
16 proceeding concerning the violation of any licensing or
17 other laws, including a proceeding to revoke or to refuse
18 to renew a license under Section 9 or 9.01 of this Act; or
19 (4) Refuses to perform work in violation of a
20 licensing or other law or regulation after notifying the
21 employer of the violation.
22 (c)(1) A claim by an employee alleging an employer's
23violation of subsection (b) of this Section shall be presented
24to the employer within 30 days after the date of the action
25complained of and shall be filed with the Department of Labor
26within 60 days after the date of the action complained of.

SB0001 Enrolled- 354 -LRB103 25137 RJT 51476 b
1 (2) Upon receipt of the complaint, the Department of Labor
2shall conduct whatever investigation it deems appropriate, and
3may hold a hearing. After investigation or hearing, the
4Department of Labor shall determine whether the employer has
5violated subsection (b) of this Section and it shall notify
6the employer and the employee of its determination.
7 (3) If the Department of Labor determines that the
8employer has violated subsection (b) of this Section, and the
9employer refuses to take remedial action to comply with the
10determination, the Department of Labor shall so notify the
11Attorney General, who shall bring an action against the
12employer in the circuit court seeking enforcement of its
13determination. The court may order any appropriate relief,
14including rehiring and reinstatement of the employee to the
15person's former position with backpay and other benefits.
16 (d) Except for any grievance procedure, arbitration, or
17hearing which is available to the employee pursuant to a
18collective bargaining agreement, this Section shall be the
19exclusive remedy for an employee complaining of any action
20described in subsection (b).
21 (e) Any employer who willfully refuses to rehire, promote,
22or otherwise restore an employee or former employee who has
23been determined eligible for rehiring or promotion as a result
24of any grievance procedure, arbitration, or hearing authorized
25by law shall be guilty of a Class A misdemeanor.
26(Source: P.A. 103-22, eff. 8-8-23; revised 9-21-23.)

SB0001 Enrolled- 355 -LRB103 25137 RJT 51476 b
1 (225 ILCS 10/7.10)
2 Sec. 7.10. Progress report.
3 (a) For the purposes of this Section, "child day care
4licensing" or "day care licensing" means licensing of day care
5centers, day care homes, and group day care homes.
6 (b) No later than September 30th of each year, the
7Department of Early Childhood shall provide the General
8Assembly with a comprehensive report on its progress in
9meeting performance measures and goals related to child day
10care licensing.
11 (c) The report shall include:
12 (1) details on the funding for child day care
13 licensing, including:
14 (A) the total number of full-time employees
15 working on child day care licensing;
16 (B) the names of all sources of revenue used to
17 support child day care licensing;
18 (C) the amount of expenditures that is claimed
19 against federal funding sources;
20 (D) the identity of federal funding sources; and
21 (E) how funds are appropriated, including
22 appropriations for line staff, support staff,
23 supervisory staff, and training and other expenses and
24 the funding history of such licensing since fiscal
25 year 2010;

SB0001 Enrolled- 356 -LRB103 25137 RJT 51476 b
1 (2) current staffing qualifications of day care
2 licensing representatives and day care licensing
3 supervisors in comparison with staffing qualifications
4 specified in the job description;
5 (3) data history for fiscal year 2010 to the current
6 fiscal year on day care licensing representative caseloads
7 and staffing levels in all areas of the State;
8 (4) per the DCFS Child Day Care Licensing Advisory
9 Council's work plan, quarterly data on the following
10 measures:
11 (A) the percentage of new applications disposed of
12 within 90 days;
13 (B) the percentage of licenses renewed on time;
14 (C) the percentage of day care centers receiving
15 timely annual monitoring visits;
16 (D) the percentage of day care homes receiving
17 timely annual monitoring visits;
18 (E) the percentage of group day care homes
19 receiving timely annual monitoring visits;
20 (F) the percentage of provider requests for
21 supervisory review;
22 (G) the progress on adopting a key indicator
23 system;
24 (H) the percentage of complaints disposed of
25 within 30 days;
26 (I) the average number of days a day care center

SB0001 Enrolled- 357 -LRB103 25137 RJT 51476 b
1 applicant must wait to attend a licensing orientation;
2 (J) the number of licensing orientation sessions
3 available per region in the past year; and
4 (K) the number of Department of Early Childhood
5 trainings related to licensing and child development
6 available to providers in the past year; and
7 (5) efforts to coordinate with the Department of Human
8 Services and the State Board of Education on professional
9 development, credentialing issues, and child developers,
10 including training registry, child developers, and Quality
11 Rating and Improvement Systems (QRIS).
12 (d) The Department of Early Childhood shall work with the
13Governor's appointed Early Learning Council on issues related
14to and concerning child day care.
15(Source: P.A. 97-1096, eff. 8-24-12; 98-839, eff. 1-1-15.)
16 (225 ILCS 10/8) (from Ch. 23, par. 2218)
17 Sec. 8. The Department may revoke or refuse to renew the
18license of any child care facility (other than a day care
19center, day care home, or group day care home) or child welfare
20agency or refuse to issue full license to the holder of a
21permit should the licensee or holder of a permit:
22 (1) fail to maintain standards prescribed and
23 published by the Department;
24 (2) violate any of the provisions of the license
25 issued;

SB0001 Enrolled- 358 -LRB103 25137 RJT 51476 b
1 (3) furnish or make any misleading or any false
2 statement or report to the Department;
3 (4) refuse to submit to the Department any reports or
4 refuse to make available to the Department any records
5 required by the Department in making investigation of the
6 facility for licensing purposes;
7 (5) fail or refuse to submit to an investigation by
8 the Department;
9 (6) fail or refuse to admit authorized representatives
10 of the Department at any reasonable time for the purpose
11 of investigation;
12 (7) fail to provide, maintain, equip and keep in safe
13 and sanitary condition premises established or used for
14 child care as required under standards prescribed by the
15 Department, or as otherwise required by any law,
16 regulation or ordinance applicable to the location of such
17 facility;
18 (8) refuse to display its license or permit;
19 (9) be the subject of an indicated report under
20 Section 3 of the Abused and Neglected Child Reporting Act
21 or fail to discharge or sever affiliation with the child
22 care facility of an employee or volunteer at the facility
23 with direct contact with children who is the subject of an
24 indicated report under Section 3 of that Act;
25 (10) fail to comply with the provisions of Section
26 7.1;

SB0001 Enrolled- 359 -LRB103 25137 RJT 51476 b
1 (11) fail to exercise reasonable care in the hiring,
2 training and supervision of facility personnel;
3 (12) fail to report suspected abuse or neglect of
4 children within the facility, as required by the Abused
5 and Neglected Child Reporting Act;
6 (12.5) fail to comply with subsection (c-5) of Section
7 7.4;
8 (13) fail to comply with Section 5.1 or 5.2 of this
9 Act; or
10 (14) be identified in an investigation by the
11 Department as a person with a substance use disorder, as
12 defined in the Substance Use Disorder Act, or be a person
13 whom the Department knows has abused alcohol or drugs, and
14 has not successfully participated in treatment, self-help
15 groups or other suitable activities, and the Department
16 determines that because of such abuse the licensee, holder
17 of the permit, or any other person directly responsible
18 for the care and welfare of the children served, does not
19 comply with standards relating to character, suitability
20 or other qualifications established under Section 7 of
21 this Act.
22(Source: P.A. 100-759, eff. 1-1-19.)
23 (225 ILCS 10/8a new)
24 Sec. 8a. Grounds for revocation or refusal to renew
25license; Department of Early Childhood. The Department of

SB0001 Enrolled- 360 -LRB103 25137 RJT 51476 b
1Early Childhood may revoke or refuse to renew the license of
2any day care center, day care home, or group day care home or
3refuse to issue full license to the holder of a permit should
4the licensee or holder of a permit:
5 (1) fail to maintain standards prescribed and
6 published by the Department of Early Childhood;
7 (2) violate any of the provisions of the license
8 issued;
9 (3) furnish or make any misleading or any false
10 statement or report to the Department of Early Childhood;
11 (4) refuse to submit Department of Early Childhood any
12 reports or refuse to make available Department of Early
13 Childhood any records required by the Department of Early
14 Childhood in making investigation of the facility for
15 licensing purposes;
16 (5) fail or refuse to submit to an investigation by
17 the Department of Early Childhood;
18 (6) fail or refuse to admit authorized representatives
19 of the Department of Early Childhood at any reasonable
20 time for the purpose of investigation;
21 (7) fail to provide, maintain, equip and keep in safe
22 and sanitary condition premises established or used for
23 child care as required under standards prescribed by the
24 Department of Early Childhood or as otherwise required by
25 any law, regulation or ordinance applicable to the
26 location of such facility;

SB0001 Enrolled- 361 -LRB103 25137 RJT 51476 b
1 (8) refuse to display its license or permit;
2 (9) be the subject of an indicated report under
3 Section 3 of the Abused and Neglected Child Reporting Act
4 or fail to discharge or sever affiliation with the day
5 care center, day care home, or group day care home of an
6 employee or volunteer at the day care center, day care
7 home, or group day care home with direct contact with
8 children who is the subject of an indicated report under
9 Section 3 of that Act;
10 (10) fail to comply with the provisions of Section
11 7.1;
12 (11) fail to exercise reasonable care in the hiring,
13 training and supervision of facility personnel;
14 (12) fail to report suspected abuse or neglect of
15 children within the facility, as required by the Abused
16 and Neglected Child Reporting Act;
17 (12.5) fail to comply with subsection (c-5) of Section
18 7.4;
19 (13) fail to comply with Section 5.1 or 5.2 of this
20 Act; or
21 (14) be identified in an investigation by the
22 Department of Early Childhood as a person with a substance
23 use disorder, as defined in the Substance Use Disorder
24 Act, or be a person whom the Department of Early Childhood
25 knows has abused alcohol or drugs, and has not
26 successfully participated in treatment, self-help groups

SB0001 Enrolled- 362 -LRB103 25137 RJT 51476 b
1 or other suitable activities, and the Department of Early
2 Childhood determines that because of such abuse the
3 licensee, holder of the permit, or any other person
4 directly responsible for the care and welfare of the
5 children served, does not comply with standards relating
6 to character, suitability or other qualifications
7 established under Section 7.01 of this Act.
8 (225 ILCS 10/8.1) (from Ch. 23, par. 2218.1)
9 Sec. 8.1. The Department shall revoke or refuse to renew
10the license of any child care facility (other than a day care
11center, day care home, or group day care home) or refuse to
12issue a full license to the holder of a permit should the
13licensee or holder of a permit:
14 (1) fail to correct any condition which jeopardizes the
15health, safety, morals, or welfare of children served by the
16facility;
17 (2) fail to correct any condition or occurrence relating
18to the operation or maintenance of the facility comprising a
19violation under Section 8 of this Act; or
20 (3) fail to maintain financial resources adequate for the
21satisfactory care of children served in regard to upkeep of
22premises, and provisions for personal care, medical services,
23clothing, education and other essentials in the proper care,
24rearing and training of children.
25(Source: P.A. 83-1362.)

SB0001 Enrolled- 363 -LRB103 25137 RJT 51476 b
1 (225 ILCS 10/8.1a new)
2 Sec. 8.1a. Other grounds for revocation or refusal to
3renew license; Department of Early Childhood. The Department
4of Early Childhood shall revoke or refuse to renew the license
5of any day care center, day care home, or group day care home
6or refuse to issue a full license to the holder of a permit
7should the licensee or holder of a permit:
8 (1) fail to correct any condition which jeopardizes
9 the health, safety, morals, or welfare of children served
10 by the facility;
11 (2) fail to correct any condition or occurrence
12 relating to the operation or maintenance of the facility
13 comprising a violation under Section 8a of this Act; or
14 (3) fail to maintain financial resources adequate for
15 the satisfactory care of children served in regard to
16 upkeep of premises, and provisions for personal care,
17 medical services, clothing, education and other essentials
18 in the proper care, rearing and training of children.
19 (225 ILCS 10/8.2) (from Ch. 23, par. 2218.2)
20 Sec. 8.2. The Department may issue a conditional license
21to any child care facility (other than a day care center, day
22care home, or group day care home) which currently is licensed
23under this Act. The conditional license shall be a
24nonrenewable license for a period of 6 months and the

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

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

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

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

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1 (b) If no request for a hearing is made within 10 days
2after notification, or if the Department determines, upon
3holding a hearing, that the license should be revoked or
4renewal denied, then the license shall be revoked or renewal
5denied.
6 (c) Upon the hearing of proceedings in which the license
7is revoked, renewal of license is refused or full license is
8denied, the Director of the Department, or any officer or
9employee duly authorized by the Director in writing, may
10administer oaths and the Department may procure, by its
11subpoena, the attendance of witnesses and the production of
12relevant books and papers.
13 (d) At the time and place designated, the Director of the
14Department or the officer or employee authorized by the
15Director in writing, shall hear the charges, and both the
16Department and the licensee shall be allowed to present in
17person or by counsel such statements, testimony and evidence
18as may be pertinent to the charges or to the defense thereto.
19The hearing officer may continue such hearing from time to
20time, but not to exceed a single period of 30 days, unless
21special extenuating circumstances make further continuance
22feasible.
23(Source: P.A. 103-22, eff. 8-8-23.)
24 (225 ILCS 10/9.01 new)
25 Sec. 9.01. Revocation or refusal to renew a license;

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

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1or renewal denied.
2 (c) Upon the hearing of proceedings in which the license
3is revoked, renewal of license is refused, or full license is
4denied, the Secretary of Early Childhood, or any officer or
5employee duly authorized by the Secretary in writing, may
6administer oaths and the Department of Early Childhood may
7procure, by its subpoena, the attendance of witnesses and the
8production of relevant books and papers.
9 (d) At the time and place designated, the Secretary of
10Early Childhood or the officer or employee authorized by the
11Secretary in writing shall hear the charges, and both the
12Department of Early Childhood and the licensee shall be
13allowed to present in person or by counsel such statements,
14testimony, and evidence as may be pertinent to the charges or
15to the defense thereto. The hearing officer may continue such
16hearing from time to time, but not to exceed a single period of
1730 days, unless special extenuating circumstances make further
18continuance feasible.
19 (225 ILCS 10/9.1) (from Ch. 23, par. 2219.1)
20 Sec. 9.1. Before the Department of Children and Family
21Services or the Department of Early Childhood initiates a
22full-scale investigation of any complaint received regarding a
23child care facility the Department may, when appropriate,
24provide procedures for the substantiation of the complaint.
25(Source: P.A. 87-265.)

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

SB0001 Enrolled- 372 -LRB103 25137 RJT 51476 b
1disclosure under this Act or under any other State or federal
2law.
3(Source: P.A. 100-52, eff. 1-1-18.)
4 (225 ILCS 10/9.2)
5 Sec. 9.2. Toll free number; day care information. The
6Department of Children and Family Services and the Department
7of Early Childhood shall establish and maintain a statewide
8toll-free telephone numbers number that all persons may use to
9inquire about the past history and record of a day care
10facility operating in this State under the jurisdiction of
11each of the Departments. The past history and record shall
12include, but shall not be limited to, Department substantiated
13complaints by each Department against a day care facility and
14Department staff findings by each Department of license
15violations by a day care facility. Information disclosed in
16accordance with this Section shall be subject to the
17confidentiality requirements provided in this Act.
18(Source: P.A. 90-671, eff. 1-1-99.)
19 (225 ILCS 10/10) (from Ch. 23, par. 2220)
20 Sec. 10. Any circuit court, upon application either of the
21person requesting a hearing or of the Department of Children
22and Family Services or the Department of Early Childhood, may
23require the attendance of witnesses and the production of
24relevant books and papers before the Department of Children

SB0001 Enrolled- 373 -LRB103 25137 RJT 51476 b
1and Family Services or the Department of Early Childhood in
2any hearing relating to the refusal or revocation of licenses.
3The refusal or neglect to obey the order of the court
4compelling the attendance or production, is punishable as in
5other cases of contempt.
6(Source: P.A. 83-334.)
7 (225 ILCS 10/11) (from Ch. 23, par. 2221)
8 Sec. 11. Whenever the Department of Children and Family
9Services or the Department of Early Childhood is advised, or
10has reason to believe, that any person, group of persons or
11corporation is operating a child welfare agency or a child
12care facility without a license or permit, it shall make an
13investigation to ascertain the facts. If the Department is
14denied access, it shall request intervention of local, county
15or State law enforcement agencies to seek an appropriate court
16order or warrant to examine the premises. A person or entity
17preventing the Department of Children and Family Services or
18the Department of Early Childhood from carrying out its duties
19under this Section shall be guilty of a violation of this Act
20and shall be subject to such penalties related thereto. If the
21Department of Children and Family Services or the Department
22of Early Childhood it finds that the child welfare agency or
23child care facility is being, or has been operated without a
24license or permit, it shall report the results of its
25investigation to the Attorney General, and to the appropriate

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

SB0001 Enrolled- 375 -LRB103 25137 RJT 51476 b
1 (b) If the Department has reasonable cause to believe that
2any person, group of persons, corporation, agency,
3association, organization, institution, center, or group is
4engaged or is about to engage in any act or practice that
5constitutes or may constitute a violation of any rule adopted
6under the authority of this Act, the Department may inform the
7Attorney General or the State's Attorney of the appropriate
8county, who may initiate the appropriate civil or criminal
9proceedings. Upon a proper showing, any circuit court may
10enter a permanent or preliminary injunction or temporary
11restraining order without bond to enforce this Act or any rule
12prescribed under this Act, in addition to the penalties and
13other remedies provided in this Act.
14(Source: P.A. 94-586, eff. 8-15-05.)
15 (225 ILCS 10/11.1a new)
16 Sec. 11.1a. Referrals to law enforcement; Department of
17Early Childhood.
18 (a) If the Department of Early Childhood has reasonable
19cause to believe that any person, group of persons,
20corporation, agency, association, organization, institution,
21center, or group is engaged or about to engage in any acts or
22practices that constitute or will constitute a violation of
23this Act, the Department of Early Childhood shall inform the
24Attorney General or the State's Attorney of the appropriate
25county, who may initiate the appropriate civil or criminal

SB0001 Enrolled- 376 -LRB103 25137 RJT 51476 b
1proceedings. Upon a proper showing, any circuit court may
2enter a permanent or preliminary injunction or temporary
3restraining order without bond to enforce this Act or any rule
4or regulation prescribed thereunder in addition to the
5penalties and other remedies provided in this Act.
6 (b) If the Department of Early Childhood has reasonable
7cause to believe that any person, group of persons,
8corporation, agency, association, organization, institution,
9center, or group is engaged or is about to engage in any act or
10practice that constitutes or may constitute a violation of any
11rule adopted under the authority of this Act, the Department
12of Early Childhood may inform the Attorney General or the
13State's Attorney of the appropriate county, who may initiate
14the appropriate civil or criminal proceedings. Upon a proper
15showing, any circuit court may enter a permanent or
16preliminary injunction or temporary restraining order without
17bond to enforce this Act or any rule prescribed under this Act,
18in addition to the penalties and other remedies provided in
19this Act.
20 (225 ILCS 10/11.2) (from Ch. 23, par. 2221.2)
21 Sec. 11.2. Whenever the Department expressly finds that
22the continued operation of a child care facility, including
23such facilities defined in Section 2.10 and unlicensed
24facilities, jeopardizes the health, safety, morals, or welfare
25of children served by the facility, the Department shall issue

SB0001 Enrolled- 377 -LRB103 25137 RJT 51476 b
1an order of closure directing that the operation of the
2facility terminate immediately, and, if applicable, shall
3initiate revocation proceedings under Section 9 within ten
4working days. A facility closed under this Section may not
5operate during the pendency of any proceeding for the judicial
6review of the decision of the Department to issue an order of
7closure or to revoke or refuse to renew the license, except
8under court order.
9 This Section does not apply to unlicensed facilities that
10qualify for an exemption under Section 2.10, day care centers,
11day care homes, and group day care homes.
12(Source: P.A. 85-216.)
13 (225 ILCS 10/11.3 new)
14 Sec. 11.3. Order of closure; Department of Early
15Childhood. Whenever the Department of Early Childhood
16expressly finds that the continued operation of a day care
17center, day care home, or group day care home, including a
18facility defined in Section 2.10 and an unlicensed facility,
19jeopardizes the health, safety, morals, or welfare of children
20served by the facility, the Department of Early Childhood
21shall issue an order of closure directing that the operation
22of the facility terminate immediately, and, if applicable,
23shall initiate revocation proceedings under Section 9.01
24within 10 working days. A facility closed under this Section
25may not operate during the pendency of any proceeding for the

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

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1or group is (i) licensed or operating under a permit issued by
2the Department as a child care facility or child welfare
3agency, (ii) a birth parent or a prospective adoptive parent
4acting on the birth parent's or prospective adoptive parent's
5own behalf, or (iii) a licensed attorney advertising the
6licensed attorney's availability to provide legal services
7relating to adoption, as permitted by law.
8 (c) Every advertisement published after the effective date
9of this amendatory Act of the 94th General Assembly shall
10include the Department-issued license number of the facility
11or agency.
12 (d) Any licensed child welfare agency providing adoption
13services that, after the effective date of this amendatory Act
14of the 94th General Assembly, causes to be published an
15advertisement containing reckless or intentional
16misrepresentations concerning adoption services or
17circumstances material to the placement of a child for
18adoption is guilty of a Class A misdemeanor and is subject to a
19fine not to exceed $10,000 or 9 months imprisonment for each
20advertisement.
21 (e) An out-of-state agency that is not licensed in
22Illinois and that has a written interagency agreement with one
23or more Illinois licensed child welfare agencies may advertise
24under this Section, provided that (i) the out-of-state agency
25must be officially recognized by the United States Internal
26Revenue Service as a tax-exempt organization under 501(c)(3)

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

SB0001 Enrolled- 381 -LRB103 25137 RJT 51476 b
1not be limited to, agency addresses, phone numbers, e-mail
2addresses, website addresses, annual reports as referenced in
3Section 7.6 of this Act, agency license numbers, the Birth
4Parent Bill of Rights, the Adoptive Parents Bill of Rights,
5and the Department's complaint registry established under
6Section 9.1a of this Act. The Department shall adopt any rules
7necessary to implement this Section.
8 (h) (Blank) Nothing in this Act shall prohibit a day care
9agency, day care center, day care home, or group day care home
10that does not provide or perform adoption services, as defined
11in Section 2.24 of this Act, from advertising or marketing the
12day care agency, day care center, day care home, or group day
13care home.
14(Source: P.A. 103-22, eff. 8-8-23.)
15 (225 ILCS 10/12.1 new)
16 Sec. 12.1. Advertisements; Department of Early Childhood.
17 (a) In this Section, "advertise" means communication by
18any public medium originating or distributed in this State,
19including, but not limited to, newspapers, periodicals,
20telephone book listings, outdoor advertising signs, radio, or
21television.
22 (b) A day care center, day care home, or group day care
23home licensed or operating under a permit issued by the
24Department of Early Childhood may publish advertisements for
25the services that the day care center, day care home, or group

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1day care home is specifically licensed or issued a permit
2under this Act to provide. A person, group of persons, agency,
3association, organization, corporation, institution, center,
4or group that advertises or causes to be published any
5advertisement offering, soliciting, or promising to perform
6adoption services as defined in Section 2.24 of this Act is
7guilty of a Class A misdemeanor and shall be subject to a fine
8not to exceed $10,000 or 9 months' imprisonment for each
9advertisement, unless that person, group of persons, agency,
10association, organization, corporation, institution, center,
11or group is licensed or operating under a permit issued by
12Department of Early Childhood as a day care center, day care
13home, or group day care home, as permitted by law.
14 (c) Every advertisement published after the effective date
15of this amendatory Act of the 103rd General Assembly shall
16include the Department of Early Childhood license number of
17the facility or agency.
18 (225 ILCS 10/15) (from Ch. 23, par. 2225)
19 Sec. 15. With the exception of day care centers, day care
20homes, and group day care homes, every Every child care
21facility must keep and maintain such records as the Department
22may prescribe pertaining to the admission, progress, health
23and discharge of children under the care of the facility and
24shall report relative thereto to the Department whenever
25called for, upon forms prescribed by the Department. All

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

SB0001 Enrolled- 384 -LRB103 25137 RJT 51476 b
1center, day care home, or group day care home and by the
2Department of Early Childhood.
3 (225 ILCS 10/16) (from Ch. 23, par. 2226)
4 Sec. 16. (a) Subsections (a-1) through (d) do not apply to
5any circumstances to which Section 16.1 applies.
6 (a-1) (a) Any child care facility receiving a child for
7care or supervision from a foreign state or country shall
8report that child to the Department in the same manner as is
9required for reporting other children.
10 (b) A person, agency or organization, other than a
11licensed child care institution or child welfare agency, may
12not receive a foreign child without prior notice to and
13approval of the Department.
14 (c) In all instances the Department may require a guaranty
15that a child accepted for care or supervision from a foreign
16state or country will not become a public charge upon the State
17of Illinois.
18 (d) Reports to the Department must be made, as required.
19 (e) The Department may enter into agreements with public
20or voluntary social agencies headquartered in states adjacent
21to the State of Illinois, regarding the placement of children
22in licensed foster family homes within the boundaries of
23Illinois, if the agencies meet the standards and criteria
24required for license as a child welfare agency in Illinois.
25The agreements may allow foreign agencies to place and

SB0001 Enrolled- 385 -LRB103 25137 RJT 51476 b
1supervise children for whom they have responsibility within
2the State of Illinois, without regard to subsection (a-1)
3paragraph (a) of this Section. These agreements must, however,
4include a requirement that the agencies cooperate fully with
5the Department in its inquiry or investigation into the
6activities and standards of those agencies, and provide that
7the Department may, at any time upon 15 days written notice to
8an agency by registered mail, void the agreement and require
9the observance of subsection (a-1) paragraph (a) of this
10Section.
11(Source: P.A. 76-63.)
12 (225 ILCS 10/16.1 new)
13 Sec. 16.1. Child from a foreign state or country;
14Department of Early Childhood.
15 (a) Any day care center, day care home, or group day care
16home receiving a child for care or supervision from a foreign
17state or country shall report that child to the Department of
18Early Childhood in the same manner as is required for
19reporting other children.
20 (b) A person, agency or organization, other than a
21licensed child care institution, may not receive a foreign
22child without prior notice to and approval of the Department
23of Early Childhood.
24 (c) In all instances the Department of Early Childhood may
25require a guaranty that a child accepted for care or

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

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1 (4) advertises any service not authorized by license or
2permit held;
3 (5) publishes any advertisement in violation of this Act;
4 (6) receives within this State any child in violation of
5Section 16 of this Act; or
6 (7) violates any other provision of this Act or any
7reasonable rule or regulation adopted and published by the
8Department for the enforcement of the provisions of this Act,
9is guilty of a Class A misdemeanor and in case of an
10association or corporation, imprisonment may be imposed upon
11its officers who knowingly participated in the violation.
12 Any child care facility (other than a day care center, day
13care home, or group day care home) that continues to operate
14after its license is revoked under Section 8 of this Act or
15after its license expires and the Department refused to renew
16the license as provided in Section 8 of this Act is guilty of a
17business offense and shall be fined an amount in excess of $500
18but not exceeding $10,000, and each day of violation is a
19separate offense.
20 In a prosecution under this Act, a defendant who relies
21upon the relationship of any child to the defendant has the
22burden of proof as to that relationship.
23(Source: P.A. 103-22, eff. 8-8-23; revised 9-21-23.)
24 (225 ILCS 10/18.1 new)
25 Sec. 18.1. Violations; day care center, day care home, or

SB0001 Enrolled- 388 -LRB103 25137 RJT 51476 b
1group day care home. Any person, group of persons,
2association, or corporation that:
3 (1) conducts, operates or acts as a day care center,
4 day care home, or group day care home without a license or
5 permit to do so in violation of Section 3.01 of this Act;
6 (2) makes materially false statements in order to
7 obtain a license or permit;
8 (3) fails to keep the records and make the reports
9 provided under this Act;
10 (4) advertises any service not authorized by license
11 or permit held;
12 (5) publishes any advertisement in violation of this
13 Act;
14 (6) receives within this State any child in violation
15 of Section 16.1 of this Act; or
16 (7) violates any other provision of this Act or any
17 reasonable rule or regulation adopted and published by the
18 Department of Early Childhood for the enforcement of the
19 provisions of this Act,
20is guilty of a Class A misdemeanor and, in the case of an
21association or corporation, imprisonment may be imposed upon
22its officers who knowingly participated in the violation.
23 Any day care center, day care home, or group day care home
24that continues to operate after its license is revoked under
25Section 8 or 8a of this Act or after its license expires and
26the Department of Early Childhood refused to renew the license

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1as provided in Section 8 or 8a of this Act is guilty of a
2business offense and shall be fined an amount in excess of $500
3but not exceeding $10,000. Each day of violation is a separate
4offense.
5 In a prosecution under this Act, a defendant who relies
6upon the relationship of any child to the defendant has the
7burden of proof as to that relationship.
8
ARTICLE 99. NONACCELERATION, SEVERABILITY,
9
AND
10
EFFECTIVE DATE
11 Section 99-1. No acceleration or delay. Where this Act
12makes changes in a statute that is represented in this Act by
13text that is not yet or no longer in effect (for example, a
14Section represented by multiple versions), the use of that
15text does not accelerate or delay the taking effect of (i) the
16changes made by this Act or (ii) provisions derived from any
17other Public Act.
18 Section 99-5. Severability. The provisions of this Act are
19severable under Section 1.31 of the Statute on Statutes.