Sen. Kimberly A. Lightford
Filed: 2/28/2024
 
 
 




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1
AMENDMENT TO SENATE BILL 1 


2 AMENDMENT NO. ______. Amend Senate Bill 1 by replacing 
3everything after the enacting clause with the following:

4
"ARTICLE 1.  GENERAL PROVISIONS


5 Section 1-1. Short title. This Act may be cited as the 
6Department of Early Childhood Act.

7 Section 1-5. Findings. The General Assembly finds that:
8 (1) There are over 875,000 children under the age of 5 in 
9Illinois, nearly half of whom are under the age of 3. At birth, 
10a baby's brain is 25 percent the size of an adult's brain. Yet, 
11an infant's brain has roughly 86 billion neurons, almost all 
12the neurons the human brain will ever have. 
13 (2) From 3 to 15 months, neuron connections form at a rate 
14of 40,000 per second. By age 3, synaptic connections have 
15grown to 100 trillion. Ages 3 to 5 are critical years to build 
 
 
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1executive function skills like focusing attention, remembering 
2instructions, and demonstrating self-control. Without these 
3skills, children are not fully equipped to learn when they 
4enter kindergarten. By age 5, 90% of brain development is 
5complete. 
6 (3) Prenatal programs improve the regular care of birthing 
7parents, reduce the risk of infant low birth weight and 
8mortality, and increase regular child wellness visits, 
9screenings, and immunizations. 
10 (4) Early childhood education and care not only improve 
11school readiness and literacy, but also improve cognitive 
12development for future success in life, school, and the 
13workforce. 
14 (5) Research shows that for every dollar invested in 
15high-quality early childhood education and care, society gains 
16over $7 in economic returns in the long-term. 
17 (6) Supporting children means supporting their parents and 
18families. The early childhood education and care industry is 
19the workforce behind all other workforces. High-quality child 
20care enables parents and families to consistently work and 
21earn an income to support their children. Research also shows 
22that early childhood education and care programs can reduce 
23parental stress and improve family well-being. 
24 (7) Investing in early childhood education and care is in 
25the interest of all residents and will make Illinois the best 
26state in the nation to raise young children.

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

22 Section 1-11. Rights; privileges; protections. 
23Notwithstanding any provision of law to the contrary, any 
24rights, privileges, or protections afforded to students in 
 
 
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1early childhood education and care programs, including 
2undocumented students, under the School Code or any other 
3provision of law shall not terminate upon the effective date 
4of this Act. 

5 Section 1-15. Definitions. As used in this Act, unless the 
6context otherwise requires: 
7 "Department" means the Department of Early Childhood.
8 "Secretary" means the Secretary of Early Childhood.
9 "Transferring agency" means the Department of Human 
10Services, Department of Children and Family Services, and the 
11State Board of Education.

12 Section 1-20. Department; Secretary; organization. 
13 (a) The Department of Early Childhood is created and shall 
14begin operation on July 1, 2024. 
15 (b) The head officer of the Department is the Secretary. 
16The Secretary shall be appointed by the Governor, with the 
17advice and consent of the Senate. The Department may employ or 
18retain other persons to assist in the discharge of its 
19functions, subject to the Personnel Code. 
20 (c) The Governor may, with the advice and consent of the 
21Senate, appoint an appropriate number of persons to serve as 
22Assistant Secretaries to head the major programmatic divisions 
23of the Department. Assistant Secretaries shall not be subject 
24to the Personnel Code. 
 
 
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1 (d) The Secretary shall create divisions and 
2administrative units within the Department and shall assign 
3functions, powers, duties, and personnel as may now or in the 
4future be required by State or federal law. The Secretary may 
5create other divisions and administrative units and may assign 
6other functions, powers, duties, and personnel as may be 
7necessary or desirable to carry out the functions and 
8responsibilities vested by law in the Department. 

9 Section 1-30. General powers and duties. 
10 (a) The Department shall exercise the rights, powers, 
11duties, and functions provided by law, including, but not 
12limited to, the rights, powers, duties, and functions 
13transferred to the Department.
14 (b) The Department may employ personnel (in accordance 
15with the Personnel Code and any applicable collective 
16bargaining agreements), provide facilities, contract for goods 
17and services, and adopt rules as necessary to carry out its 
18functions and purposes, all in accordance with applicable 
19State and federal law.
20 The Department may establish such subdivisions of the 
21Department as shall be desirable and assign to the various 
22subdivisions the responsibilities and duties placed upon the 
23Department by the Laws of the State of Illinois. 
24 The Department shall adopt, as necessary, rules for the 
25execution of its powers. The provisions of the Illinois 
 
 
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1Administrative Procedure Act are hereby expressly adopted and 
2shall apply to all administrative rules and procedures of the 
3Department under this Act, except that Section 5-35 of the 
4Illinois Administrative Procedure Act relating to procedures 
5for rulemaking does not apply to the adoption of any rule 
6required by federal law in connection with which the 
7Department is precluded by law from exercising any discretion. 
8 (c) Procurement; contracts necessary for the creation of 
9the Department of Early Childhood and the implementation of 
10the Department's mission are not subject to the Illinois 
11Procurement Code provided that the process shall be conducted 
12in a manner substantially in accordance with the requirements 
13of the following Sections of the Illinois Procurement Code: 
1420-160, 50-5, 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 
1550-21, 50-35, 50-36, 50-37, 50-38, and 50-50. Contracts 
16entered into by the Department of Early Childhood using this 
17exemption shall not exceed 3 years in length and must expire no 
18later than July 1, 2027. All contracts entered into after July 
191, 2027, are subject to the Procurement Code and the 
20requirements therein. Contracts entered into utilizing this 
21exemption shall be posted to the agency website for one year 
22after contract execution. 

23
ARTICLE 10.  POWERS AND DUTIES RELATING TO EARLY INTERVENTION 
24
SERVICES


 
 
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1 Section 10-5. Transition planning. Beginning July 1, 2024, 
2the Department of Early Childhood and the Department of Human 
3Services shall collaborate and plan for the transition of 
4administrative responsibilities as prescribed in the Early 
5Intervention Services System Act. 

6 Section 10-10. Legislative findings and policy. 
7 (a) The General Assembly finds that there is an urgent and 
8substantial need to:
9  (1) enhance the development of all eligible infants 
10 and toddlers in the State of Illinois in order to minimize 
11 developmental delay and maximize individual potential for 
12 adult independence;
13  (2) enhance the capacity of families to meet the 
14 special needs of eligible infants and toddlers including 
15 the purchase of services when necessary;
16  (3) reduce educational costs by minimizing the need 
17 for special education and related services when eligible 
18 infants and toddlers reach school age;
19  (4) enhance the independence, productivity and 
20 integration with age-appropriate peers of eligible 
21 children and their families;
22  (5) reduce social services costs and minimize the need 
23 for institutionalization; and
24  (6) prevent secondary impairments and disabilities by 
25 improving the health of infants and toddlers, thereby 
 
 
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1 reducing health costs for the families and the State.
2  (b) The General Assembly therefore intends that the 
3 policy of this State shall be to:
4  (1) affirm the importance of the family in all areas 
5 of the child's development and reinforce the role of the 
6 family as a participant in the decision-making processes 
7 regarding their child;
8  (2) provide assistance and support to eligible infants 
9 and toddlers and their families to address the individual 
10 concerns and decisions of each family;
11  (3) develop and implement, on a statewide basis, 
12 locally based comprehensive, coordinated, 
13 interdisciplinary, interagency early intervention 
14 services for all eligible infants and toddlers;
15  (4) enhance the local communities' capacity to provide 
16 an array of quality early intervention services;
17  (5) identify and coordinate all available resources 
18 for early intervention within the State including those 
19 from federal, State, local and private sources;
20  (6) provide financial and technical assistance to 
21 local communities for the purposes of coordinating early 
22 intervention services in local communities and enhancing 
23 the communities' capacity to provide individualized early 
24 intervention services to all eligible infants and toddlers 
25 in their homes or in community environments; and
26  (7) affirm that eligible infants and toddlers have a 
 
 
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1 right to receive early intervention services to the 
2 maximum extent appropriate, in natural environments in 
3 which infants and toddlers without disabilities would 
4 participate.
5 (c) The General Assembly further finds that early 
6intervention services are cost-effective and effectively serve 
7the developmental needs of eligible infants and toddlers and 
8their families. Therefore, the purpose of this Act is to 
9provide a comprehensive, coordinated, interagency, 
10interdisciplinary early intervention services system for 
11eligible infants and toddlers and their families by enhancing 
12the capacity to provide quality early intervention services, 
13expanding and improving existing services, and facilitating 
14coordination of payments for early intervention services from 
15various public and private sources.

16 Section 10-15. Definitions. As used in this Act:
17 (a) "Eligible infants and toddlers" means infants and 
18toddlers under 36 months of age with any of the following 
19conditions:
20  (1) Developmental delays.
21  (2) A physical or mental condition which typically 
22 results in developmental delay.
23  (3) Being at risk of having substantial developmental 
24 delays based on informed clinical opinion.
25  (4) Either (A) having entered the program under any of 
 
 
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1 the circumstances listed in paragraphs (1) through (3) of 
2 this subsection but no longer meeting the current 
3 eligibility criteria under those paragraphs, and 
4 continuing to have any measurable delay, or (B) not having 
5 attained a level of development in each area, including 
6 (i) cognitive, (ii) physical (including vision and 
7 hearing), (iii) language, speech, and communication, (iv) 
8 social or emotional, or (v) adaptive, that is at least at 
9 the mean of the child's age equivalent peers; and, in 
10 addition to either item (A) or item (B), (C) having been 
11 determined by the multidisciplinary individualized family 
12 service plan team to require the continuation of early 
13 intervention services in order to support continuing 
14 developmental progress, pursuant to the child's needs and 
15 provided in an appropriate developmental manner. The type, 
16 frequency, and intensity of services shall differ from the 
17 initial individualized family services plan because of the 
18 child's developmental progress, and may consist of only 
19 service coordination, evaluation, and assessments.
20 "Eligible infants and toddlers" includes any child under 
21the age of 3 who is the subject of a substantiated case of 
22child abuse or neglect as defined in the federal Child Abuse 
23Prevention and Treatment Act.
24 (b) "Developmental delay" means a delay in one or more of 
25the following areas of childhood development as measured by 
26appropriate diagnostic instruments and standard procedures: 
 
 
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1cognitive; physical, including vision and hearing; language, 
2speech and communication; social or emotional; or adaptive. 
3The term means a delay of 30% or more below the mean in 
4function in one or more of those areas.
5 (c) "Physical or mental condition which typically results 
6in developmental delay" means:
7  (1) a diagnosed medical disorder or exposure to a 
8 toxic substance bearing a relatively well known expectancy 
9 for developmental outcomes within varying ranges of 
10 developmental disabilities; or
11  (2) a history of prenatal, perinatal, neonatal or 
12 early developmental events suggestive of biological 
13 insults to the developing central nervous system and which 
14 either singly or collectively increase the probability of 
15 developing a disability or delay based on a medical 
16 history.
17 (d) "Informed clinical opinion" means both clinical 
18observations and parental participation to determine 
19eligibility by a consensus of a multidisciplinary team of 2 or 
20more members based on their professional experience and 
21expertise.
22 (e) "Early intervention services" means services which:
23  (1) are designed to meet the developmental needs of 
24 each child eligible under this Act and the needs of his or 
25 her family;
26  (2) are selected in collaboration with the child's 
 
 
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1 family;
2  (3) are provided under public supervision;
3  (4) are provided at no cost except where a schedule of 
4 sliding scale fees or other system of payments by families 
5 has been adopted in accordance with State and federal law;
6  (5) are designed to meet an infant's or toddler's 
7 developmental needs in any of the following areas:
8   (A) physical development, including vision and 
9 hearing,
10   (B) cognitive development,
11   (C) communication development,
12   (D) social or emotional development, or
13   (E) adaptive development;
14  (6) meet the standards of the State, including the 
15 requirements of this Act;
16  (7) include one or more of the following:
17   (A) family training,
18   (B) social work services, including counseling, 
19 and home visits,
20   (C) special instruction,
21   (D) speech, language pathology and audiology,
22   (E) occupational therapy,
23   (F) physical therapy,
24   (G) psychological services,
25   (H) service coordination services,
26   (I) medical services only for diagnostic or 
 
 
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1 evaluation purposes,
2   (J) early identification, screening, and 
3 assessment services,
4   (K) health services specified by the lead agency 
5 as necessary to enable the infant or toddler to 
6 benefit from the other early intervention services,
7   (L) vision services,
8   (M) transportation,
9   (N) assistive technology devices and services,
10   (O) nursing services,
11   (P) nutrition services, and
12   (Q) sign language and cued language services;
13  (8) are provided by qualified personnel, including but 
14 not limited to:
15   (A) child development specialists or special 
16 educators, including teachers of children with hearing 
17 impairments (including deafness) and teachers of 
18 children with vision impairments (including 
19 blindness),
20   (B) speech and language pathologists and 
21 audiologists,
22   (C) occupational therapists,
23   (D) physical therapists,
24   (E) social workers,
25   (F) nurses,
26   (G) dietitian nutritionists,
 
 
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1   (H) vision specialists, including ophthalmologists 
2 and optometrists,
3   (I) psychologists, and
4   (J) physicians;
5  (9) are provided in conformity with an Individualized 
6 Family Service Plan;
7  (10) are provided throughout the year; and
8  (11) are provided in natural environments, to the 
9 maximum extent appropriate, which may include the home and 
10 community settings, unless justification is provided 
11 consistent with federal regulations adopted under Sections 
12 1431 through 1444 of Title 20 of the United States Code.
13 (f) "Individualized Family Service Plan" or "Plan" means a 
14written plan for providing early intervention services to a 
15child eligible under this Act and the child's family, as set 
16forth in Section 10-65.
17 (g) "Local interagency agreement" means an agreement 
18entered into by local community and State and regional 
19agencies receiving early intervention funds directly from the 
20State and made in accordance with State interagency agreements 
21providing for the delivery of early intervention services 
22within a local community area.
23 (h) "Council" means the Illinois Interagency Council on 
24Early Intervention established under Section 10-30.
25 (i) "Lead agency" means the State agency responsible for 
26administering this Act and receiving and disbursing public 
 
 
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1funds received in accordance with State and federal law and 
2rules.
3 (i-5) "Central billing office" means the central billing 
4office created by the lead agency under Section 10-75.
5 (j) "Child find" means a service which identifies eligible 
6infants and toddlers.
7 (k) "Regional intake entity" means the lead agency's 
8designated entity responsible for implementation of the Early 
9Intervention Services System within its designated geographic 
10area.
11 (l) "Early intervention provider" means an individual who 
12is qualified, as defined by the lead agency, to provide one or 
13more types of early intervention services, and who has 
14enrolled as a provider in the early intervention program.
15 (m) "Fully credentialed early intervention provider" means 
16an individual who has met the standards in the State 
17applicable to the relevant profession, and has met such other 
18qualifications as the lead agency has determined are suitable 
19for personnel providing early intervention services, including 
20pediatric experience, education, and continuing education. The 
21lead agency shall establish these qualifications by rule filed 
22no later than 180 days after the effective date of this Act.
23 (n) "Telehealth" has the meaning given to that term in 
24Section 5 of the Telehealth Act.
25 (o) "Department" means Department of Early Childhood 
26unless otherwise specified. 

 
 
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1 Section 10-25. Services delivered by telehealth. An early 
2intervention provider may deliver via telehealth any type of 
3early intervention service outlined in subsection (e) of 
4Section 10-15 to the extent of the early intervention 
5provider's scope of practice as established in the provider's 
6respective licensing Act consistent with the standards of care 
7for in-person services. This Section shall not be construed to 
8alter the scope of practice of any early intervention provider 
9or authorize the delivery of early intervention services in a 
10setting or in a manner not otherwise authorized by the laws of 
11this State.

12 Section 10-30. Illinois Interagency Council on Early 
13Intervention. 
14 (a) There is established the Illinois Interagency Council 
15on Early Intervention. The Council shall be composed of at 
16least 20 but not more than 30 members. The members of the 
17Council and the designated chairperson of the Council shall be 
18appointed by the Governor. The Council member representing the 
19lead agency may not serve as chairperson of the Council. On and 
20after July 1, 2026, the Council shall be composed of the 
21following members: 
22 (1) The Secretary of Early Childhood (or the Secretary's 
23designee) and 2 additional representatives of the Department 
24of Early Childhood designated by the Secretary, plus the 
 
 
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1Directors (or their designees) of the following State agencies 
2involved in the provision of or payment for early intervention 
3services to eligible infants and toddlers and their families:
4  (A) Department of Insurance; and
5  (B) Department of Healthcare and Family Services.
6 (2) Other members as follows:
7  (A) At least 20% of the members of the Council shall be 
8 parents, including minority parents, of infants or 
9 toddlers with disabilities or children with disabilities 
10 aged 12 or younger, with knowledge of, or experience with, 
11 programs for infants and toddlers with disabilities. At 
12 least one such member shall be a parent of an infant or 
13 toddler with a disability or a child with a disability 
14 aged 6 or younger;
15  (B) At least 20% of the members of the Council shall be 
16 public or private providers of early intervention 
17 services;
18  (C) One member shall be a representative of the 
19 General Assembly;
20  (D) One member shall be involved in the preparation of 
21 professional personnel to serve infants and toddlers 
22 similar to those eligible for services under this Act;
23  (E) Two members shall be from advocacy organizations 
24 with expertise in improving health, development, and 
25 educational outcomes for infants and toddlers with 
26 disabilities;
 
 
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1  (F) One member shall be a Child and Family Connections 
2 manager from a rural district;
3  (G) One member shall be a Child and Family Connections 
4 manager from an urban district;
5  (H) One member shall be the co-chair of the Illinois 
6 Early Learning Council (or their designee); and
7  (I) Members representing the following agencies or 
8 entities: the Department of Human Services; the State 
9 Board of Education; the Department of Public Health; the 
10 Department of Children and Family Services; the University 
11 of Illinois Division of Specialized Care for Children; the 
12 Illinois Council on Developmental Disabilities; Head Start 
13 or Early Head Start; and the Department of Human Services' 
14 Division of Mental Health. A member may represent one or 
15 more of the listed agencies or entities. 
16 The Council shall meet at least quarterly and in such 
17places as it deems necessary. Terms of the initial members 
18appointed under paragraph (2) shall be determined by lot at 
19the first Council meeting as follows: of the persons appointed 
20under subparagraphs (A) and (B), one-third shall serve 
21one-year terms, one-third shall serve 2-year terms, and 
22one-third shall serve 3-year terms; and of the persons 
23appointed under subparagraphs (C) and (D), one shall serve a 
242-year term and one shall serve a 3-year term. Thereafter, 
25successors appointed under paragraph (2) shall serve 3-year 
26terms. Once appointed, members shall continue to serve until 
 
 
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1their successors are appointed. No member shall be appointed 
2to serve more than 2 consecutive terms.
3 Council members shall serve without compensation but shall 
4be reimbursed for reasonable costs incurred in the performance 
5of their duties, including costs related to child care, and 
6parents may be paid a stipend in accordance with applicable 
7requirements.
8 The Council shall prepare and approve a budget using funds 
9appropriated for the purpose to hire staff, and obtain the 
10services of such professional, technical, and clerical 
11personnel as may be necessary to carry out its functions under 
12this Act. This funding support and staff shall be directed by 
13the lead agency.
14 (b) The Council shall:
15  (1) advise and assist the lead agency in the 
16 performance of its responsibilities including but not 
17 limited to the identification of sources of fiscal and 
18 other support services for early intervention programs, 
19 and the promotion of interagency agreements which assign 
20 financial responsibility to the appropriate agencies;
21  (2) advise and assist the lead agency in the 
22 preparation of applications and amendments to 
23 applications;
24  (3) review and advise on relevant rules and standards 
25 proposed by the related State agencies;
26  (4) advise and assist the lead agency in the 
 
 
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1 development, implementation and evaluation of the 
2 comprehensive early intervention services system;
3  (4.5) coordinate and collaborate with State 
4 interagency early learning initiatives, as appropriate; 
5 and
6  (5) prepare and submit an annual report to the 
7 Governor and to the General Assembly on the status of 
8 early intervention programs for eligible infants and 
9 toddlers and their families in Illinois. The annual report 
10 shall include (i) the estimated number of eligible infants 
11 and toddlers in this State, (ii) the number of eligible 
12 infants and toddlers who have received services under this 
13 Act and the cost of providing those services, and (iii) 
14 the estimated cost of providing services under this Act to 
15 all eligible infants and toddlers in this State. The 
16 report shall be posted by the lead agency on the early 
17 intervention website as required under paragraph (f) of 
18 Section 10-35 of this Act.
19 No member of the Council shall cast a vote on or 
20participate substantially in any matter which would provide a 
21direct financial benefit to that member or otherwise give the 
22appearance of a conflict of interest under State law. All 
23provisions and reporting requirements of the Illinois 
24Governmental Ethics Act shall apply to Council members.

25 Section 10-35. Lead agency. Through June 30, 2026, the 
 
 
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1Department of Human Services is designated the lead agency and 
2shall provide leadership in establishing and implementing the 
3coordinated, comprehensive, interagency and interdisciplinary 
4system of early intervention services. On and after July 1, 
52026, the Department of Early Childhood is designated the lead 
6agency and shall provide leadership in establishing and 
7implementing the coordinated, comprehensive, interagency and 
8interdisciplinary system of early intervention services. The 
9lead agency shall not have the sole responsibility for 
10providing these services. Each participating State agency 
11shall continue to coordinate those early intervention services 
12relating to health, social service and education provided 
13under this authority.
14 The lead agency is responsible for carrying out the 
15following:
16  (a) The general administration, supervision, and 
17 monitoring of programs and activities receiving assistance 
18 under Section 673 of the Individuals with Disabilities 
19 Education Act (20 United States Code 1473).
20  (b) The identification and coordination of all 
21 available resources within the State from federal, State, 
22 local and private sources.
23  (c) The development of procedures to ensure that 
24 services are provided to eligible infants and toddlers and 
25 their families in a timely manner pending the resolution 
26 of any disputes among public agencies or service 
 
 
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1 providers.
2  (d) The resolution of intra-agency and interagency 
3 regulatory and procedural disputes.
4  (e) The development and implementation of formal 
5 interagency agreements, and the entry into such 
6 agreements, between the lead agency and (i) the Department 
7 of Healthcare and Family Services, (ii) the University of 
8 Illinois Division of Specialized Care for Children, and 
9 (iii) other relevant State agencies that:
10   (1) define the financial responsibility of each 
11 agency for paying for early intervention services 
12 (consistent with existing State and federal law and 
13 rules, including the requirement that early 
14 intervention funds be used as the payor of last 
15 resort), a hierarchical order of payment as among the 
16 agencies for early intervention services that are 
17 covered under or may be paid by programs in other 
18 agencies, and procedures for direct billing, 
19 collecting reimbursements for payments made, and 
20 resolving service and payment disputes; and
21   (2) include all additional components necessary to 
22 ensure meaningful cooperation and coordination. By 
23 January 31, 2027, interagency agreements under this 
24 paragraph (e) must be reviewed and revised to 
25 implement the purposes of this Act. 
26  (f) The maintenance of an early intervention website. 
 
 
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1 The lead agency shall post and keep posted on this website 
2 the following: (i) the current annual report required 
3 under subdivision (b)(5) of Section 10-30 of this Act, and 
4 the annual reports of the prior 3 years, (ii) the most 
5 recent Illinois application for funds prepared under 
6 Section 637 of the Individuals with Disabilities Education 
7 Act filed with the United States Department of Education, 
8 (iii) proposed modifications of the application prepared 
9 for public comment, (iv) notice of Council meetings, 
10 Council agendas, and minutes of its proceedings for at 
11 least the previous year, (v) proposed and final early 
12 intervention rules, and (vi) all reports created for 
13 dissemination to the public that are related to the early 
14 intervention program, including reports prepared at the 
15 request of the Council and the General Assembly. Each such 
16 document shall be posted on the website within 3 working 
17 days after the document's completion.
18  (g) Before adopting any new policy or procedure 
19 (including any revisions to an existing policy or 
20 procedure) needed to comply with Part C of the Individuals 
21 with Disabilities Education Act, the lead agency must hold 
22 public hearings on the new policy or procedure, provide 
23 notice of the hearings at least 30 days before the 
24 hearings are conducted to enable public participation, and 
25 provide an opportunity for the general public, including 
26 individuals with disabilities and parents of infants and 
 
 
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1 toddlers with disabilities, early intervention providers, 
2 and members of the Council to comment for at least 30 days 
3 on the new policy or procedure needed to comply with Part C 
4 of the Individuals with Disabilities Education Act and 
5 with 34 CFR Part 300 and Part 303.

6 Section 10-40. Local structure and interagency councils. 
7The lead agency, in conjunction with the Council and as 
8defined by administrative rule, shall define local service 
9areas and define the geographic boundaries of each so that all 
10areas of the State are included in a local service area but no 
11area of the State is included in more than one service area. In 
12each local service area, the lead agency shall designate a 
13regional entity responsible for the assessment of eligibility 
14and services and a local interagency council responsible for 
15coordination and design of child find and public awareness. 
16The regional entity shall be responsible for staffing the 
17local council, carrying out child find and public awareness 
18activities, and providing advocacy for eligible families 
19within the given geographic area. The regional entity is the 
20prime contractor responsible to the lead agency for 
21implementation of this Act.
22 The lead agency, in conjunction with the Council, shall 
23create local interagency councils. Members of each local 
24interagency council shall include, but not be limited to, the 
25following: parents; representatives from coordination and 
 
 
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1advocacy service providers; local education agencies; other 
2local public and private service providers; representatives 
3from State agencies at the local level; and others deemed 
4necessary by the local council.
5 Local interagency councils shall:
6  (a) assist in the development of collaborative 
7 agreements between local service providers, diagnostic and 
8 other agencies providing additional services to the child 
9 and family;
10  (b) assist in conducting local needs assessments and 
11 planning efforts;
12  (c) identify and resolve local access issues;
13  (d) conduct collaborative child find activities;
14  (e) coordinate public awareness initiatives;
15  (f) coordinate local planning and evaluation;
16  (g) assist in the recruitment of specialty personnel;
17  (h) develop plans for facilitating transition and 
18 integration of eligible children and families into the 
19 community;
20  (i) facilitate conflict resolution at the local level; 
21 and
22  (j) report annually to the Council.

23 Section 10-45. Essential components of the statewide 
24service system. As required by federal laws and regulations, a 
25statewide system of coordinated, comprehensive, interagency 
 
 
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1and interdisciplinary programs shall be established and 
2maintained. The framework of the statewide system shall be 
3based on the components set forth in this Section. This 
4framework shall be used for planning, implementation, 
5coordination and evaluation of the statewide system of locally 
6based early intervention services.
7 The statewide system shall include, at a minimum:
8  (a) a definition of the term "developmentally 
9 delayed", in accordance with the definition in Section 
10 10-15, that will be used in Illinois in carrying out 
11 programs under this Act;
12  (b) timetables for ensuring that appropriate early 
13 intervention services, based on scientifically based 
14 research, to the extent practicable, will be available to 
15 all eligible infants and toddlers in this State after the 
16 effective date of this Act;
17  (c) a timely, comprehensive, multidisciplinary 
18 evaluation of each potentially eligible infant and toddler 
19 in this State, unless the child meets the definition of 
20 eligibility based upon his or her medical and other 
21 records; for a child determined eligible, a 
22 multidisciplinary assessment of the unique strengths and 
23 needs of that infant or toddler and the identification of 
24 services appropriate to meet those needs and a 
25 family-directed assessment of the resources, priorities, 
26 and concerns of the family and the identification of 
 
 
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1 supports and services necessary to enhance the family's 
2 capacity to meet the developmental needs of that infant or 
3 toddler;
4  (d) for each eligible infant and toddler, an 
5 Individualized Family Service Plan, including service 
6 coordination (case management) services;
7  (e) a comprehensive child find system, consistent with 
8 Part B of the Individuals with Disabilities Education Act 
9 (20 United States Code 1411 through 1420 and as set forth 
10 in 34 CFR 300.115), which includes timelines and provides 
11 for participation by primary referral sources;
12  (f) a public awareness program focusing on early 
13 identification of eligible infants and toddlers;
14  (g) a central directory which includes public and 
15 private early intervention services, resources, and 
16 experts available in this State, professional and other 
17 groups (including parent support groups and training and 
18 information centers) that provide assistance to infants 
19 and toddlers with disabilities who are eligible for early 
20 intervention programs assisted under Part C of the 
21 Individuals with Disabilities Education Act and their 
22 families, and research and demonstration projects being 
23 conducted in this State relating to infants and toddlers 
24 with disabilities;
25  (h) a comprehensive system of personnel development;
26  (i) a policy pertaining to the contracting or making 
 
 
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1 of other arrangements with public and private service 
2 providers to provide early intervention services in this 
3 State, consistent with the provisions of this Act, 
4 including the contents of the application used and the 
5 conditions of the contract or other arrangements;
6  (j) a procedure for securing timely reimbursement of 
7 funds;
8  (k) procedural safeguards with respect to programs 
9 under this Act;
10  (l) policies and procedures relating to the 
11 establishment and maintenance of standards to ensure that 
12 personnel necessary to carry out this Act are 
13 appropriately and adequately prepared and trained;
14  (m) a system of evaluation of, and compliance with, 
15 program standards;
16  (n) a system for compiling data on the numbers of 
17 eligible infants and toddlers and their families in this 
18 State in need of appropriate early intervention services; 
19 the numbers served; the types of services provided; and 
20 other information required by the State or federal 
21 government; and
22  (o) a single line of responsibility in a lead agency 
23 designated by the Governor to carry out its 
24 responsibilities as required by this Act.
25 In addition to these required components, linkages may be 
26established within a local community area among the prenatal 
 
 
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1initiatives affording services to high risk pregnant women. 
2Additional linkages among at risk programs and local literacy 
3programs may also be established.
4 On and after July 1, 2026, the Department of Early 
5Childhood shall continue implementation of the 5-fiscal-year 
6implementation plan that was created by the Department of 
7Human Services with the concurrence of the Interagency Council 
8on Early Intervention. The plan shall list specific activities 
9to be accomplished each year, with cost estimates for each 
10activity. The lead agency shall, with the concurrence of the 
11Interagency Council, submit to the Governor's Office a report 
12on accomplishments of the previous year and a revised list of 
13activities for the remainder of the 5-fiscal-year plan, with 
14cost estimates for each. The Governor shall certify that 
15specific activities in the plan for the previous year have 
16been substantially completed before authorizing relevant State 
17or local agencies to implement activities listed in the 
18revised plan that depend substantially upon completion of one 
19or more of the earlier activities.

20 Section 10-50. Authority to adopt rules. The lead agency 
21shall adopt rules under this Act. These rules shall reflect 
22the intent of federal regulations adopted under Part C of the 
23Individuals with Disabilities Education Improvement Act of 
242004 (Sections 1431 through 1444 of Title 20 of the United 
25States Code).

 
 
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1 Section 10-55. Role of other State entities. The 
2Departments of Public Health, Early Childhood, Human Services, 
3Children and Family Services, and Healthcare and Family 
4Services; the University of Illinois Division of Specialized 
5Care for Children; the State Board of Education; and any other 
6State agency which directly or indirectly provides or 
7administers early intervention services shall adopt compatible 
8rules for the provision of services to eligible infants and 
9toddlers and their families by July 1, 2026. 
10 These agencies shall enter into and maintain formal 
11interagency agreements to enable the State and local agencies 
12serving eligible children and their families to establish 
13working relationships that will increase the efficiency and 
14effectiveness of their early intervention services. The 
15agreements shall outline the administrative, program and 
16financial responsibilities of the relevant State agencies and 
17shall implement a coordinated service delivery system through 
18local interagency agreements.
19 There shall be an Early Childhood Intervention Ombudsman 
20to assist families and local parties in ensuring that all 
21State agencies serving eligible families do so in a 
22comprehensive and collaborative manner.

23 Section 10-60. Standards. The Council and the lead agency, 
24with assistance from parents and providers, shall develop and 
 
 
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1promulgate policies and procedures relating to the 
2establishment and implementation of program and personnel 
3standards to ensure that services provided are consistent with 
4any State-approved or recognized certification, licensing, 
5registration, or other comparable requirements which apply to 
6the area of early intervention program service standards. Only 
7State-approved public or private early intervention service 
8providers shall be eligible to receive State and federal 
9funding for early intervention services. All early childhood 
10intervention staff shall hold the highest entry requirement 
11necessary for that position.
12 To be a State-approved early intervention service 
13provider, an individual (i) shall not have served or 
14completed, within the preceding 5 years, a sentence for 
15conviction of any felony that the lead agency establishes by 
16rule and (ii) shall not have been indicated as a perpetrator of 
17child abuse or neglect, within the preceding 5 years, in an 
18investigation by Illinois (pursuant to the Abused and 
19Neglected Child Reporting Act) or another state. The Lead 
20Agency is authorized to receive criminal background checks for 
21such providers and persons applying to be such a provider and 
22to receive child abuse and neglect reports regarding indicated 
23perpetrators who are applying to provide or currently 
24authorized to provide early intervention services in Illinois. 
25Beginning January 1, 2004, every provider of State-approved 
26early intervention services and every applicant to provide 
 
 
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1such services must authorize, in writing and in the form 
2required by the lead agency, a State and FBI criminal 
3background check, as requested by the Department, and check of 
4child abuse and neglect reports regarding the provider or 
5applicant as a condition of authorization to provide early 
6intervention services. The lead agency shall use the results 
7of the checks only to determine State approval of the early 
8intervention service provider and shall not re-release the 
9information except as necessary to accomplish that purpose.

10 Section 10-65. Individualized Family Service Plans. 
11 (a) Each eligible infant or toddler and that infant's or 
12toddler's family shall receive:
13  (1) timely, comprehensive, multidisciplinary 
14 assessment of the unique strengths and needs of each 
15 eligible infant and toddler, and assessment of the 
16 concerns and priorities of the families to appropriately 
17 assist them in meeting their needs and identify supports 
18 and services to meet those needs; and
19  (2) a written Individualized Family Service Plan 
20 developed by a multidisciplinary team which includes the 
21 parent or guardian. The individualized family service plan 
22 shall be based on the multidisciplinary team's assessment 
23 of the resources, priorities, and concerns of the family 
24 and its identification of the supports and services 
25 necessary to enhance the family's capacity to meet the 
 
 
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1 developmental needs of the infant or toddler, and shall 
2 include the identification of services appropriate to meet 
3 those needs, including the frequency, intensity, and 
4 method of delivering services. During and as part of the 
5 initial development of the individualized family services 
6 plan, and any periodic reviews of the plan, the 
7 multidisciplinary team may seek consultation from the lead 
8 agency's designated experts, if any, to help determine 
9 appropriate services and the frequency and intensity of 
10 those services. All services in the individualized family 
11 services plan must be justified by the multidisciplinary 
12 assessment of the unique strengths and needs of the infant 
13 or toddler and must be appropriate to meet those needs. At 
14 the periodic reviews, the team shall determine whether 
15 modification or revision of the outcomes or services is 
16 necessary.
17 (b) The Individualized Family Service Plan shall be 
18evaluated once a year and the family shall be provided a review 
19of the Plan at 6-month intervals or more often where 
20appropriate based on infant or toddler and family needs. The 
21lead agency shall create a quality review process regarding 
22Individualized Family Service Plan development and changes 
23thereto, to monitor and help ensure that resources are being 
24used to provide appropriate early intervention services.
25 (c) The initial evaluation and initial assessment and 
26initial Plan meeting must be held within 45 days after the 
 
 
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1initial contact with the early intervention services system. 
2The 45-day timeline does not apply for any period when the 
3child or parent is unavailable to complete the initial 
4evaluation, the initial assessments of the child and family, 
5or the initial Plan meeting, due to exceptional family 
6circumstances that are documented in the child's early 
7intervention records, or when the parent has not provided 
8consent for the initial evaluation or the initial assessment 
9of the child despite documented, repeated attempts to obtain 
10parental consent. As soon as exceptional family circumstances 
11no longer exist or parental consent has been obtained, the 
12initial evaluation, the initial assessment, and the initial 
13Plan meeting must be completed as soon as possible. With 
14parental consent, early intervention services may commence 
15before the completion of the comprehensive assessment and 
16development of the Plan. All early intervention services shall 
17be initiated as soon as possible but not later than 30 calendar 
18days after the consent of the parent or guardian has been 
19obtained for the individualized family service plan, in 
20accordance with rules adopted by the lead agency.
21 (d) Parents must be informed that early intervention 
22services shall be provided to each eligible infant and 
23toddler, to the maximum extent appropriate, in the natural 
24environment, which may include the home or other community 
25settings. Parents must also be informed of the availability of 
26early intervention services provided through telehealth 
 
 
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1services. Parents shall make the final decision to accept or 
2decline early intervention services, including whether 
3accepted services are delivered in person or via telehealth 
4services. A decision to decline such services shall not be a 
5basis for administrative determination of parental fitness, or 
6other findings or sanctions against the parents. Parameters of 
7the Plan shall be set forth in rules.
8 (e) The regional intake offices shall explain to each 
9family, orally and in writing, all of the following:
10  (1) That the early intervention program will pay for 
11 all early intervention services set forth in the 
12 individualized family service plan that are not covered or 
13 paid under the family's public or private insurance plan 
14 or policy and not eligible for payment through any other 
15 third party payor.
16  (2) That services will not be delayed due to any rules 
17 or restrictions under the family's insurance plan or 
18 policy.
19  (3) That the family may request, with appropriate 
20 documentation supporting the request, a determination of 
21 an exemption from private insurance use under Section 
22 10-100.
23  (4) That responsibility for co-payments or 
24 co-insurance under a family's private insurance plan or 
25 policy will be transferred to the lead agency's central 
26 billing office.
 
 
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1  (5) That families will be responsible for payments of 
2 family fees, which will be based on a sliding scale 
3 according to the State's definition of ability to pay 
4 which is comparing household size and income to the 
5 sliding scale and considering out-of-pocket medical or 
6 disaster expenses, and that these fees are payable to the 
7 central billing office. Families who fail to provide 
8 income information shall be charged the maximum amount on 
9 the sliding scale.
10 (f) The individualized family service plan must state 
11whether the family has private insurance coverage and, if the 
12family has such coverage, must have attached to it a copy of 
13the family's insurance identification card or otherwise 
14include all of the following information:
15  (1) The name, address, and telephone number of the 
16 insurance carrier.
17  (2) The contract number and policy number of the 
18 insurance plan.
19  (3) The name, address, and social security number of 
20 the primary insured.
21  (4) The beginning date of the insurance benefit year.
22 (g) A copy of the individualized family service plan must 
23be provided to each enrolled provider who is providing early 
24intervention services to the child who is the subject of that 
25plan.
26 (h) Children receiving services under this Act shall 
 
 
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1receive a smooth and effective transition by their third 
2birthday consistent with federal regulations adopted pursuant 
3to Sections 1431 through 1444 of Title 20 of the United States 
4Code. Beginning January 1, 2022, children who receive early 
5intervention services prior to their third birthday and are 
6found eligible for an individualized education program under 
7the Individuals with Disabilities Education Act, 20 U.S.C. 
81414(d)(1)(A), and under Section 14-8.02 of the School Code 
9and whose birthday falls between May 1 and August 31 may 
10continue to receive early intervention services until the 
11beginning of the school year following their third birthday in 
12order to minimize gaps in services, ensure better continuity 
13of care, and align practices for the enrollment of preschool 
14children with special needs to the enrollment practices of 
15typically developing preschool children.

16 Section 10-70. Procedural safeguards. The lead agency 
17shall adopt procedural safeguards that meet federal 
18requirements and ensure effective implementation of the 
19safeguards for families by each public agency involved in the 
20provision of early intervention services under this Act.
21 The procedural safeguards shall provide, at a minimum, the 
22following:
23 (a) The timely administrative resolution of State 
24complaints, due process hearings, and mediations as defined by 
25administrative rule.
 
 
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1 (b) The right to confidentiality of personally 
2identifiable information.
3 (c) The opportunity for parents and a guardian to examine 
4and receive copies of records relating to evaluations and 
5assessments, screening, eligibility determinations, and the 
6development and implementation of the Individualized Family 
7Service Plan provision of early intervention services, 
8individual complaints involving the child, or any part of the 
9child's early intervention record.
10 (d) Procedures to protect the rights of the eligible 
11infant or toddler whenever the parents or guardians of the 
12child are not known or unavailable or the child is a youth in 
13care as defined in Section 4d of the Children and Family 
14Services Act, including the assignment of an individual (who 
15shall not be an employee of the State agency or local agency 
16providing services) to act as a surrogate for the parents or 
17guardian. The regional intake entity must make reasonable 
18efforts to ensure the assignment of a surrogate parent not 
19more than 30 days after a public agency determines that the 
20child needs a surrogate parent.
21 (e) Timely written prior notice to the parents or guardian 
22of the eligible infant or toddler whenever the State agency or 
23public or private service provider proposes to initiate or 
24change or refuses to initiate or change the identification, 
25evaluation, placement, or the provision of appropriate early 
26intervention services to the eligible infant or toddler.
 
 
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1 (f) Written prior notice to fully inform the parents or 
2guardians, in their native language or mode of communication 
3used by the parent, unless clearly not feasible to do so, in a 
4comprehensible manner, of these procedural safeguards.
5 (g) During the pendency of any State complaint procedure, 
6due process hearing, or mediation involving a complaint, 
7unless the State agency and the parents or guardian otherwise 
8agree, the child shall continue to receive the appropriate 
9early intervention services currently being provided, or in 
10the case of an application for initial services, the child 
11shall receive the services not in dispute.

12 Section 10-75. Funding and fiscal responsibility. 
13 (a) The lead agency and every other participating State 
14agency may receive and expend funds appropriated by the 
15General Assembly to implement the early intervention services 
16system as required by this Act.
17 (b) The lead agency and each participating State agency 
18shall identify and report on an annual basis to the Council the 
19State agency funds used for the provision of early 
20intervention services to eligible infants and toddlers.
21 (c) Funds provided under Section 633 of the Individuals 
22with Disabilities Education Act (20 United States Code 1433) 
23and State funds designated or appropriated for early 
24intervention services or programs may not be used to satisfy a 
25financial commitment for services which would have been paid 
 
 
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1for from another public or private source but for the 
2enactment of this Act, except whenever considered necessary to 
3prevent delay in receiving appropriate early intervention 
4services by the eligible infant or toddler or family in a 
5timely manner. "Public or private source" includes public and 
6private insurance coverage.
7 Funds provided under Section 633 of the Individuals with 
8Disabilities Education Act and State funds designated or 
9appropriated for early intervention services or programs may 
10be used by the lead agency to pay the provider of services (A) 
11pending reimbursement from the appropriate State agency or (B) 
12if (i) the claim for payment is denied in whole or in part by a 
13public or private source, or would be denied under the written 
14terms of the public program or plan or private plan, or (ii) 
15use of private insurance for the service has been exempted 
16under Section 10-100. Payment under item (B)(i) may be made 
17based on a pre-determination telephone inquiry supported by 
18written documentation of the denial supplied thereafter by the 
19insurance carrier.
20 (d) Nothing in this Act shall be construed to permit the 
21State to reduce medical or other assistance available or to 
22alter eligibility under Title V and Title XIX of the Social 
23Security Act relating to the Maternal Child Health Program and 
24Medicaid for eligible infants and toddlers in this State.
25 (e) The lead agency shall create a central billing office 
26to receive and dispense all relevant State and federal 
 
 
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1resources, as well as local government or independent 
2resources available, for early intervention services. This 
3office shall assure that maximum federal resources are 
4utilized and that providers receive funds with minimal 
5duplications or interagency reporting and with consolidated 
6audit procedures.
7 (f) The lead agency shall, by rule, create a system of 
8payments by families, including a schedule of fees. No fees, 
9however, may be charged for implementing child find, 
10evaluation and assessment, service coordination, 
11administrative and coordination activities related to the 
12development, review, and evaluation of Individualized Family 
13Service Plans, or the implementation of procedural safeguards 
14and other administrative components of the statewide early 
15intervention system.
16 The system of payments, called family fees, shall be 
17structured on a sliding scale based on the family's ability to 
18pay. The family's coverage or lack of coverage under a public 
19or private insurance plan or policy shall not be a factor in 
20determining the amount of the family fees.
21 Each family's fee obligation shall be established 
22annually, and shall be paid by families to the central billing 
23office in installments. At the written request of the family, 
24the fee obligation shall be adjusted prospectively at any 
25point during the year upon proof of a change in family income 
26or family size. The inability of the parents of an eligible 
 
 
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1child to pay family fees due to catastrophic circumstances or 
2extraordinary expenses shall not result in the denial of 
3services to the child or the child's family. A family must 
4document its extraordinary expenses or other catastrophic 
5circumstances by showing one of the following: (i) 
6out-of-pocket medical expenses in excess of 15% of gross 
7income; (ii) a fire, flood, or other disaster causing a direct 
8out-of-pocket loss in excess of 15% of gross income; or (iii) 
9other catastrophic circumstances causing out-of-pocket losses 
10in excess of 15% of gross income. The family must present proof 
11of loss to its service coordinator, who shall document it, and 
12the lead agency shall determine whether the fees shall be 
13reduced, forgiven, or suspended within 10 business days after 
14the family's request.
15 (g) To ensure that early intervention funds are used as 
16the payor of last resort for early intervention services, the 
17lead agency shall determine at the point of early intervention 
18intake, and again at any periodic review of eligibility 
19thereafter or upon a change in family circumstances, whether 
20the family is eligible for or enrolled in any program for which 
21payment is made directly or through public or private 
22insurance for any or all of the early intervention services 
23made available under this Act. The lead agency shall establish 
24procedures to ensure that payments are made either directly 
25from these public and private sources instead of from State or 
26federal early intervention funds, or as reimbursement for 
 
 
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1payments previously made from State or federal early 
2intervention funds.

3 Section 10-80. Other programs. 
4 (a) When an application or a review of eligibility for 
5early intervention services is made, and at any eligibility 
6redetermination thereafter, the family shall be asked if it is 
7currently enrolled in any federally funded, Department of 
8Healthcare and Family Services administered, medical programs, 
9or the Title V program administered by the University of 
10Illinois Division of Specialized Care for Children. If the 
11family is enrolled in any of these programs, that information 
12shall be put on the individualized family service plan and 
13entered into the computerized case management system, and 
14shall require that the individualized family services plan of 
15a child who has been found eligible for services through the 
16Division of Specialized Care for Children state that the child 
17is enrolled in that program. For those programs in which the 
18family is not enrolled, a preliminary eligibility screen shall 
19be conducted simultaneously for (i) medical assistance 
20(Medicaid) under Article V of the Illinois Public Aid Code, 
21(ii) children's health insurance program (any federally 
22funded, Department of Healthcare and Family Services 
23administered, medical programs) benefits under the Children's 
24Health Insurance Program Act, and (iii) Title V maternal and 
25child health services provided through the Division of 
 
 
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1Specialized Care for Children of the University of Illinois.
2 (b) For purposes of determining family fees under 
3subsection (f) of Section 10-75 and determining eligibility 
4for the other programs and services specified in items (i) 
5through (iii) of subsection (a), the lead agency shall develop 
6and use, with the cooperation of the Department of Healthcare 
7and Family Services and the Division of Specialized Care for 
8Children of the University of Illinois, a screening device 
9that provides sufficient information for the early 
10intervention regional intake entities or other agencies to 
11establish eligibility for those other programs and shall, in 
12cooperation with the Illinois Department of Healthcare and 
13Family Services and the Division of Specialized Care for 
14Children, train the regional intake entities on using the 
15screening device.
16 (c) When a child is determined eligible for and enrolled 
17in the early intervention program and has been found to at 
18least meet the threshold income eligibility requirements for 
19any federally funded, Department of Healthcare and Family 
20Services administered, medical programs, the regional intake 
21entity shall complete an application for any federally funded, 
22Department of Healthcare and Family Services administered, 
23medical programs with the family and forward it to the 
24Department of Healthcare and Family Services for a 
25determination of eligibility. A parent shall not be required 
26to enroll in any federally funded, Department of Healthcare 
 
 
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1and Family Services administered, medical programs as a 
2condition of receiving services provided pursuant to Part C of 
3the Individuals with Disabilities Education Act.
4 (d) With the cooperation of the Department of Healthcare 
5and Family Services, the lead agency shall establish 
6procedures that ensure the timely and maximum allowable 
7recovery of payments for all early intervention services and 
8allowable administrative costs under Article V of the Illinois 
9Public Aid Code and the Children's Health Insurance Program 
10Act and shall include those procedures in the interagency 
11agreement required under subsection (e) of Section 10-35 of 
12Article 10 of this Act.
13 (e) For purposes of making referrals for final 
14determinations of eligibility for any federally funded, 
15Department of Healthcare and Family Services administered, 
16medical programs benefits under the Children's Health 
17Insurance Program Act and for medical assistance under Article 
18V of the Illinois Public Aid Code, the lead agency shall 
19require each early intervention regional intake entity to 
20enroll as an application agent in order for the entity to 
21complete any federally funded, Department of Healthcare and 
22Family Services administered, medical programs application as 
23authorized under Section 22 of the Children's Health Insurance 
24Program Act.
25 (f) For purposes of early intervention services that may 
26be provided by the Division of Specialized Care for Children 
 
 
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1of the University of Illinois (DSCC), the lead agency shall 
2establish procedures whereby the early intervention regional 
3intake entities may determine whether children enrolled in the 
4early intervention program may also be eligible for those 
5services, and shall develop, (i) the interagency agreement 
6required under subsection (e) of Section 10-35 of this Act, 
7establishing that early intervention funds are to be used as 
8the payor of last resort when services required under an 
9individualized family services plan may be provided to an 
10eligible child through the DSCC, and (ii) training guidelines 
11for the regional intake entities and providers that explain 
12eligibility and billing procedures for services through DSCC.
13 (g) The lead agency shall require that an individual 
14applying for or renewing enrollment as a provider of services 
15in the early intervention program state whether or not he or 
16she is also enrolled as a DSCC provider. This information 
17shall be noted next to the name of the provider on the 
18computerized roster of Illinois early intervention providers, 
19and regional intake entities shall make every effort to refer 
20families eligible for DSCC services to these providers.

21 Section 10-85. Private health insurance; assignment. The 
22lead agency shall determine, at the point of new applications 
23for early intervention services, and for all children enrolled 
24in the early intervention program, at the regional intake 
25offices, whether the child is insured under a private health 
 
 
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1insurance plan or policy.

2 Section 10-90. Billing of insurance carrier. 
3 (a) Subject to the restrictions against private insurance 
4use on the basis of material risk of loss of coverage, as 
5determined under Section 10-100, each enrolled provider who is 
6providing a family with early intervention services shall bill 
7the child's insurance carrier for each unit of early 
8intervention service for which coverage may be available. The 
9lead agency may exempt from the requirement of this paragraph 
10any early intervention service that it has deemed not to be 
11covered by insurance plans. When the service is not exempted, 
12providers who receive a denial of payment on the basis that the 
13service is not covered under any circumstance under the plan 
14are not required to bill that carrier for that service again 
15until the following insurance benefit year. That explanation 
16of benefits denying the claim, once submitted to the central 
17billing office, shall be sufficient to meet the requirements 
18of this paragraph as to subsequent services billed under the 
19same billing code provided to that child during that insurance 
20benefit year. Any time limit on a provider's filing of a claim 
21for payment with the central billing office that is imposed 
22through a policy, procedure, or rule of the lead agency shall 
23be suspended until the provider receives an explanation of 
24benefits or other final determination of the claim it files 
25with the child's insurance carrier.
 
 
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1 (b) In all instances when an insurance carrier has been 
2billed for early intervention services, whether paid in full, 
3paid in part, or denied by the carrier, the provider must 
4provide the central billing office, within 90 days after 
5receipt, with a copy of the explanation of benefits form and 
6other information in the manner prescribed by the lead agency.
7 (c) When the insurance carrier has denied the claim or 
8paid an amount for the early intervention service billed that 
9is less than the current State rate for early intervention 
10services, the provider shall submit the explanation of 
11benefits with a claim for payment, and the lead agency shall 
12pay the provider the difference between the sum actually paid 
13by the insurance carrier for each unit of service provided 
14under the individualized family service plan and the current 
15State rate for early intervention services. The State shall 
16also pay the family's co-payment or co-insurance under its 
17plan, but only to the extent that those payments plus the 
18balance of the claim do not exceed the current State rate for 
19early intervention services. The provider may under no 
20circumstances bill the family for the difference between its 
21charge for services and that which has been paid by the 
22insurance carrier or by the State.

23 Section 10-95. Families with insurance coverage. 
24 (a) Families of children with insurance coverage, whether 
25public or private, shall incur no greater or less direct 
 
 
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1out-of-pocket expenses for early intervention services than 
2families who are not insured.
3 (b) Managed care plans.
4  (1) Use of managed care network providers. When a 
5 family's insurance coverage is through a managed care 
6 arrangement with a network of providers that includes one 
7 or more types of early intervention specialists who 
8 provide the services set forth in the family's 
9 individualized family service plan, the regional intake 
10 entity shall require the family to use those network 
11 providers, but only to the extent that:
12   (A) the network provider is immediately available 
13 to receive the referral and to begin providing 
14 services to the child;
15   (B) the network provider is enrolled as a provider 
16 in the Illinois early intervention system and fully 
17 credentialed under the current policy or rule of the 
18 lead agency;
19   (C) the network provider can provide the services 
20 to the child in the manner required in the 
21 individualized service plan;
22   (D) the family would not have to travel more than 
23 an additional 15 miles or an additional 30 minutes to 
24 the network provider than it would have to travel to a 
25 non-network provider who is available to provide the 
26 same service; and
 
 
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1   (E) the family's managed care plan does not allow 
2 for billing (even at a reduced rate or reduced 
3 percentage of the claim) for early intervention 
4 services provided by non-network providers.
5  (2) Transfers from non-network to network providers. 
6 If a child has been receiving services from a non-network 
7 provider and the regional intake entity determines, at the 
8 time of enrollment in the early intervention program or at 
9 any point thereafter, that the family is enrolled in a 
10 managed care plan, the regional intake entity shall 
11 require the family to transfer to a network provider 
12 within 45 days after that determination, but within no 
13 more than 60 days after the effective date of this Act, if:
14   (A) all the requirements of subdivision (b)(1) of 
15 this Section have been met; and
16   (B) the child is less than 26 months of age.
17  (3) Waivers. The lead agency may fully or partially 
18 waive the network enrollment requirements of subdivision 
19 (b)(1) of this Section and the transfer requirements of 
20 subdivision (b)(2) of this Section as to a particular 
21 region, or narrower geographic area, if it finds that the 
22 managed care plans in that area are not allowing further 
23 enrollment of early intervention providers and it finds 
24 that referrals or transfers to network providers could 
25 cause an overall shortage of early intervention providers 
26 in that region of the State or could cause delays in 
 
 
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1 families securing the early intervention services set 
2 forth in individualized family services plans.
3  (4) The lead agency, in conjunction with any entities 
4 with which it may have contracted for the training and 
5 credentialing of providers, the local interagency council 
6 for early intervention, the regional intake entity, and 
7 the enrolled providers in each region who wish to 
8 participate, shall cooperate in developing a matrix and 
9 action plan that (A) identifies both (i) which early 
10 intervention providers and which fully credentialed early 
11 intervention providers are members of the managed care 
12 plans that are used in the region by families with 
13 children in the early intervention program, and (ii) which 
14 early intervention services, with what restrictions, if 
15 any, are covered under those plans, (B) identifies which 
16 credentialed specialists are members of which managed care 
17 plans in the region, and (C) identifies the various 
18 managed care plans to early intervention providers, 
19 encourages their enrollment in the area plans, and 
20 provides them with information on how to enroll. These 
21 matrices shall be complete no later than 7 months after 
22 the effective date of this Act, and shall be provided to 
23 the Early Intervention Legislative Advisory Committee at 
24 that time. The lead agency shall work with networks that 
25 may have closed enrollment to additional providers to 
26 encourage their admission of early intervention providers, 
 
 
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1 and shall report to the Early Intervention Legislative 
2 Advisory Committee on the initial results of these efforts 
3 no later than February 1, 2002.

4 Section 10-100. Private insurance; exemption. 
5 (a) The lead agency shall establish procedures for a 
6family whose child is eligible to receive early intervention 
7services to apply for an exemption restricting the use of its 
8private insurance plan or policy based on material risk of 
9loss of coverage as authorized under subsection (c) of this 
10Section.
11 (b) The lead agency shall make a final determination on a 
12request for an exemption within 10 business days after its 
13receipt of a written request for an exemption at the regional 
14intake entity. During those 10 days, no claims may be filed 
15against the insurance plan or policy. If the exemption is 
16granted, it shall be noted on the individualized family 
17service plan, and the family and the providers serving the 
18family shall be notified in writing of the exemption.
19 (c) An exemption may be granted on the basis of material 
20risk of loss of coverage only if the family submits 
21documentation with its request for an exemption that 
22establishes (i) that the insurance plan or policy covering the 
23child is an individually purchased plan or policy and has been 
24purchased by a head of a household that is not eligible for a 
25group medical insurance plan, (ii) that the policy or plan has 
 
 
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1a lifetime cap that applies to one or more specific types of 
2early intervention services specified in the family's 
3individualized family service plan, and that coverage could be 
4exhausted during the period covered by the individualized 
5family service plan, or (iii) proof of another risk that the 
6lead agency, in its discretion, may have additionally 
7established and defined as a ground for exemption by rule.
8 (d) An exemption under this Section based on material risk 
9of loss of coverage may apply to all early intervention 
10services and all plans or policies insuring the child, may be 
11limited to one or more plans or policies, or may be limited to 
12one or more types of early intervention services in the 
13child's individualized family services plan.

14 Section 10-105. System of personnel development. The lead 
15agency shall provide training to early intervention providers 
16and may enter into contracts to meet this requirement in 
17accordance with Section 1-30(c) of this Act. This training 
18shall include, at minimum, the following types of instruction:
19 (a) Courses in birth-to-3 evaluation and treatment of 
20children with developmental disabilities and delays (1) that 
21are taught by fully credentialed early intervention providers 
22or educators with substantial experience in evaluation and 
23treatment of children from birth to age 3 with developmental 
24disabilities and delays, (2) that cover these topics within 
25each of the disciplines of audiology, occupational therapy, 
 
 
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1physical therapy, speech and language pathology, and 
2developmental therapy, including the social-emotional domain 
3of development, (3) that are held no less than twice per year, 
4(4) that offer no fewer than 20 contact hours per year of 
5course work, (5) that are held in no fewer than 5 separate 
6locales throughout the State, and (6) that give enrollment 
7priority to early intervention providers who do not meet the 
8experience, education, or continuing education requirements 
9necessary to be fully credentialed early intervention 
10providers; and
11 (b) Courses held no less than twice per year for no fewer 
12than 4 hours each in no fewer than 5 separate locales 
13throughout the State each on the following topics:
14  (1) Practice and procedures of private insurance 
15 billing.
16  (2) The role of the regional intake entities; service 
17 coordination; program eligibility determinations; family 
18 fees; any federally funded, Department of Healthcare and 
19 Family Services administered, medical programs, and 
20 Division of Specialized Care applications, referrals, and 
21 coordination with Early Intervention; and procedural 
22 safeguards.
23  (3) Introduction to the early intervention program, 
24 including provider enrollment and credentialing, overview 
25 of Early Intervention program policies and rules, and 
26 billing requirements.
 
 
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1  (4) Evaluation and assessment of birth-to-3 children; 
2 individualized family service plan development, 
3 monitoring, and review; best practices; service 
4 guidelines; and quality assurance.

5 Section 10-110. Contracting. In accordance with Section 
61-30(c) of this Act, the lead agency may enter into contracts 
7for some or all of its responsibilities under this Act, 
8including, but not limited to: credentialing and enrolling 
9providers; training under Section 10-105; maintaining a 
10central billing office; data collection and analysis; 
11establishing and maintaining a computerized case management 
12system accessible to local referral offices and providers; 
13creating and maintaining a system for provider credentialing 
14and enrollment; creating and maintaining the central directory 
15required under subsection (g) of Section 10-45 of this Act; 
16and program operations. Contracts with or grants to regional 
17intake entities must be made subject to public bid under a 
18request for proposals process no later than July 1, 2005.

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

20
ARTICLE 15.  POWERS AND DUTIES RELATING TO HOME-VISITING AND 
21
PRESCHOOL SERVICES


22 Section 15-5. Transition of administrative 
23responsibilities related to home-visiting services Beginning 
24July 1, 2024, the Department of Early Childhood and the 
 
 
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1Department of Human Services shall collaborate and plan for 
2the transition of administrative responsibilities related to 
3home-visiting services as prescribed in Section 10-16 of the 
4Department of Human Services Act. 

5 Section 15-10. Home visiting program. 
6 (a) The General Assembly finds that research-informed home 
7visiting programs work to strengthen families' functioning and 
8support parents in caring for their children to ensure optimal 
9child development.
10 (b) Through June 30, 2026, the Department of Human 
11Services shall administer a home visiting program to support 
12communities in providing intensive home visiting programs to 
13pregnant persons and families with children from birth up to 
14elementary school enrollment. Services shall be offered on a 
15voluntary basis to families. In awarding grants under the 
16program, the Department of Human Services shall prioritize 
17populations or communities in need of such services, as 
18determined by the Department of Human Services, based on data 
19including, but not limited to, statewide home visiting needs 
20assessments. Eligibility under the program shall also take 
21into consideration requirements of the federal Maternal, 
22Infant, and Early Childhood Home Visiting Program and Head 
23Start and Early Head Start to ensure appropriate alignment. 
24The overall goals for these services are to:
25  (1) improve maternal and newborn health;
 
 
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1  (2) prevent child abuse and neglect;
2  (3) promote children's development and readiness to 
3 participate in school; and
4  (4) connect families to needed community resources
5  and supports.
6 (b-5) On and after July 1, 2026, the Department of Early 
7Childhood shall establish and administer a home visiting 
8program to support communities in providing intensive home 
9visiting programs to pregnant persons and families with 
10children from birth up to elementary school enrollment. 
11 (c) Allowable uses of funding include:
12  (1) Grants to community-based organizations to 
13 implement home visiting and family support services with 
14 fidelity to research-informed home visiting program 
15 models, as defined by the Department. Services may 
16 include, but are not limited to:
17   (A) personal visits with a child and the child's 
18 parent or caregiver at a periodicity aligned with the 
19 model being implemented;
20   (B) opportunities for connections with other 
21 parents and caregivers in their community and other 
22 social and community supports;
23   (C) enhancements to research-informed home 
24 visiting program models based on community needs 
25 including doula services, and other program 
26 innovations as approved by the Department; and
 
 
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1   (D) referrals to other resources needed by 
2 families.
3  (2) Infrastructure supports for grantees, including, 
4 but not limited to, professional development for the 
5 workforce, technical assistance and capacity-building, 
6 data system and supports, infant and early childhood 
7 mental health consultation, trauma-informed practices, 
8 research, universal newborn screening, and coordinated 
9 intake.
10 (d) Subject to appropriation, the Department administering 
11home-visiting programs subject to Section 15-10 (b) and 
12Section 15-10(b-5) shall award grants to community-based 
13agencies in accordance with this Section and any other rules 
14that may be adopted by the Department. Successful grantees 
15under this program shall comply with policies and procedures 
16on program, data, and expense reporting as developed by the 
17Department.
18 (e) Funds received under this Section shall supplement, 
19not supplant, other existing or new federal, State, or local 
20sources of funding for these services. Any new federal funding 
21received shall supplement and not supplant funding for this 
22program.
23 (f) The Department administering home-visiting programs 
24subject to Section 15-10 (b) and Section 15-10(b-5) shall 
25collaborate with relevant agencies to support the coordination 
26and alignment of home visiting services provided through other 
 
 
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1State and federal funds, to the extent possible. The 
2Department administering home-visiting programs subject to 
3Section 15-10 (b) and Section 15-10(b-5) shall collaborate 
4with the State Board of Education, the Department of 
5Healthcare and Family Services, and Head Start and Early Head 
6Start in the implementation of these services to support 
7alignment with home visiting services provided through the 
8Early Childhood Block Grant and the State's Medical Assistance 
9Program, respectively, to the extent possible.
10 (g) An advisory committee shall advise the Department 
11administering home-visiting programs subject to Section 
1215-10(b) and Section 15-10(b-5) concerning the implementation 
13of the home visiting program. The advisory committee shall 
14make recommendations on policy and implementation. The 
15Department shall determine whether the advisory committee 
16shall be a newly created body or an existing body such as a 
17committee of the Illinois Early Learning Council. The advisory 
18committee shall consist of one or more representatives of the 
19Department, other members representing public and private 
20entities that serve and interact with the families served 
21under the home visiting program, with the input of families 
22engaged in home visiting or related services themselves. 
23Family input may be secured by engaging families as members of 
24this advisory committee or as a separate committee of family 
25representatives.
26 (h) The Department of Early Childhood may adopt any rules 
 
 
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1necessary to implement this Section.

2 Section 15-15. Collaboration; planning. Beginning July 1, 
32024, the Department of Early Childhood shall collaborate with 
4the Illinois State Board of Education on administration of the 
5early childhood home-visiting and preschool programs 
6established in Sections 1C-2, 2-3.71, and 2-3.71a in the 
7School Code. The Department of Early Childhood and the 
8Illinois State Board of Education shall plan for the transfer 
9of administrative responsibilities that will occur on and 
10after July 1, 2026.

11 Section 15-20. Programs concerning services to at-risk 
12children and their families. 
13 (a) On and after July 1, 2026, the Department of Early 
14Childhood may provide grants to eligible entities, as defined 
15by the Department, to establish programs which offer 
16coordinated services to at-risk infants and toddlers and their 
17families. Each program shall include a parent education 
18program relating to the development and nurturing of infants 
19and toddlers and case management services to coordinate 
20existing services available in the region served by the 
21program. These services shall be provided through the 
22implementation of an individual family service plan. Each 
23program will have a community involvement component to provide 
24coordination in the service system.
 
 
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1 (b) The Department shall administer the programs through 
2the grants to public school districts and other eligible 
3entities. These grants must be used to supplement, not 
4supplant, funds received from any other source. School 
5districts and other eligible entities receiving grants 
6pursuant to this Section shall conduct voluntary, intensive, 
7research-based, and comprehensive prevention services, as 
8defined by the Department, for expecting parents and families 
9with children from birth to age 3 who are at-risk of academic 
10failure. A public school district that receives a grant under 
11this Section may subcontract with other eligible entities.
12 (c) The Department shall report to the General Assembly by 
13July 1, 2028 and every 2 years thereafter, using the most 
14current data available, on the status of programs funded under 
15this Section, including without limitation characteristics of 
16participants, services delivered, program models used, unmet 
17needs, and results of the programs funded.

18 Section 15-25. Block grants. 
19 (a) Through June 30, 2026, the State Board of Education 
20shall award block grants to school districts and other 
21entities pursuant to Section 1C-1 of the School Code. 
22 (b) On and after July 1, 2026, the Department of Early 
23Childhood shall award to school districts and other entities 
24block grants as described in subsection (c). The Department of 
25Early Childhood may adopt rules necessary to implement this 
 
 
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1Section. Block grants are subject to audit. Therefore, block 
2grant receipts and block grant expenditures shall be recorded 
3to the appropriate fund code. 
4 (c) An Early Childhood Education Block Grant shall be 
5created by combining the following programs: Preschool 
6Education, Parental Training and Prevention Initiative. These 
7funds shall be distributed to school districts and other 
8entities on a competitive basis, except that the Department of 
9Early Childhood shall award to a school district having a 
10population exceeding 500,000 inhabitants 37% of the funds in 
11each fiscal year. Not less than 14% of the Early Childhood 
12Education Block Grant allocation of funds shall be used to 
13fund programs for children ages 0-3. Beginning in Fiscal Year 
142016, at least 25% of any additional Early Childhood Education 
15Block Grant funding over and above the previous fiscal year's 
16allocation shall be used to fund programs for children ages 
170-3. Once the percentage of Early Childhood Education Block 
18Grant funding allocated to programs for children ages 0-3 
19reaches 20% of the overall Early Childhood Education Block 
20Grant allocation for a full fiscal year, thereafter in 
21subsequent fiscal years the percentage of Early Childhood 
22Education Block Grant funding allocated to programs for 
23children ages 0-3 each fiscal year shall remain at least 20% of 
24the overall Early Childhood Education Block Grant allocation. 
25However, if, in a given fiscal year, the amount appropriated 
26for the Early Childhood Education Block Grant is insufficient 
 
 
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1to increase the percentage of the grant to fund programs for 
2children ages 0-3 without reducing the amount of the grant for 
3existing providers of preschool education programs, then the 
4percentage of the grant to fund programs for children ages 0-3 
5may be held steady instead of increased.
6 (d) A school district in a city having a population 
7exceeding 500,000 is not required to file any application or 
8other claim in order to receive the block grant to which it is 
9entitled under this Section. The Department of Early Childhood 
10shall make payments to the district of amounts due under the 
11district's block grant on a schedule determined by the 
12Department. A school district to which this Section applies 
13shall report to the Department of Early Childhood on its use of 
14the block grant in such form and detail as the Department may 
15specify. In addition, the report must include the following 
16description for the district, which must also be reported to 
17the General Assembly: block grant allocation and expenditures 
18by program; population and service levels by program; and 
19administrative expenditures by program. The Department shall 
20ensure that the reporting requirements for the district are 
21the same as for all other school districts in this State. 
22Beginning in Fiscal Year 2018, at least 25% of any additional 
23Preschool Education, Parental Training, and Prevention 
24Initiative program funding over and above the previous fiscal 
25year's allocation shall be used to fund programs for children 
26ages 0-3. Beginning in Fiscal Year 2018, funding for Preschool 
 
 
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1Education, Parental Training, and Prevention Initiative 
2programs above the allocation for these programs in Fiscal 
3Year 2017 must be used solely as a supplement for these 
4programs and may not supplant funds received from other 
5sources.
6 (e) Reports. School districts and other entities that 
7receive an Early Childhood Education Block Grant shall report 
8to the Department of Early Childhood on its use of the block 
9grant in such form and detail as the Department may specify. In 
10addition, the report must include the following description 
11for the district and other entities that receive an Early 
12Childhood Block Grant, which must also be reported to the 
13General Assembly: block grant allocation and expenditures by 
14program; population and service levels by program; and 
15administrative expenditures by program. 

16 Section 15-30. Grants for preschool educational programs. 
17 (a) Preschool program.
18  (1) Through June 30, 2026, The State Board of 
19 Education shall implement and administer a grant program 
20 to conduct voluntary preschool educational programs for 
21 children ages 3 to 5, which include a parent education 
22 component, pursuant to Section 2-3.71 of the School Code. 
23  (2) On and after July 1, 2026, the Department of Early 
24 Childhood shall implement and administer a grant program 
25 for school districts and other eligible entities, as 
 
 
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1 defined by the Department, to conduct voluntary preschool 
2 educational programs for children ages 3 to 5 which 
3 include a parent education component. A public school 
4 district which receives grants under this subsection may 
5 subcontract with other entities that are eligible to 
6 conduct a preschool educational program. These grants must 
7 be used to supplement, not supplant, funds received from 
8 any other source.
9  (3) Except as otherwise provided under this subsection 
10 (a), any teacher of preschool children in the program 
11 authorized by this subsection shall hold a Professional 
12 Educator License with an early childhood education 
13 endorsement.
14  (3.5) Beginning with the 2018-2019 school year and 
15 until the 2028-2029 school year, an individual may teach 
16 preschool children in an early childhood program under 
17 this Section if he or she holds a Professional Educator 
18 License with an early childhood education endorsement or 
19 with short-term approval for early childhood education or 
20 he or she pursues a Professional Educator License and 
21 holds any of the following:
22   (A) An ECE Credential Level of 5 awarded by the 
23 Department of Human Services under the Gateways to 
24 Opportunity Program developed under Section 10-70 of 
25 the Department of Human Services Act.
26   (B) An Educator License with Stipulations with a 
 
 
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1 transitional bilingual educator endorsement and he or 
2 she has (i) passed an early childhood education 
3 content test or (ii) completed no less than 9 semester 
4 hours of postsecondary coursework in the area of early 
5 childhood education.
6  (4) Through June 30, 2026, the State Board of 
7 Education shall provide the primary source of funding 
8 through appropriations for the program. On and after July 
9 1, 2026, the Department of Early Childhood shall provide 
10 the primary source of funding through appropriations for 
11 the program. Such funds shall be distributed to achieve a 
12 goal of "Preschool for All Children" for the benefit of 
13 all children whose families choose to participate in the 
14 program. Based on available appropriations, newly funded 
15 programs shall be selected through a process giving first 
16 priority to qualified programs serving primarily at-risk 
17 children and second priority to qualified programs serving 
18 primarily children with a family income of less than 4 
19 times the poverty guidelines updated periodically in the 
20 Federal Register by the U.S. Department of Health and 
21 Human Services under the authority of 42 U.S.C. 9902(2). 
22 For purposes of this paragraph (4), at-risk children are 
23 those who because of their home and community environment 
24 are subject to such language, cultural, economic and like 
25 disadvantages to cause them to have been determined as a 
26 result of screening procedures to be at risk of academic 
 
 
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1 failure. Through June 30, 2026, such screening procedures 
2 shall be based on criteria established by the State Board 
3 of Education. On and after July 1, 2026, such screening 
4 procedures shall be based on criteria established by the 
5 Department of Early Childhood. Except as otherwise 
6 provided in this paragraph (4), grantees under the program 
7 must enter into a memorandum of understanding with the 
8 appropriate local Head Start agency. This memorandum must 
9 be entered into no later than 3 months after the award of a 
10 grantee's grant under the program and must address 
11 collaboration between the grantee's program and the local 
12 Head Start agency on certain issues, which shall include 
13 without limitation the following:
14   (A) educational activities, curricular objectives, 
15 and instruction;
16   (B) public information dissemination and access to 
17 programs for families contacting programs;
18   (C) service areas;
19   (D) selection priorities for eligible children to 
20 be served by programs;
21   (E) maximizing the impact of federal and State 
22 funding to benefit young children;
23   (F) staff training, including opportunities for 
24 joint staff training;
25   (G) technical assistance;
26   (H) communication and parent outreach for smooth 
 
 
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1 transitions to kindergarten;
2   (I) provision and use of facilities, 
3 transportation, and other program elements;
4   (J) facilitating each program's fulfillment of its 
5 statutory and regulatory requirements; 
6   (K) improving local planning and collaboration; 
7 and 
8   (L) providing comprehensive services for the 
9 neediest Illinois children and families. Through June 
10 30, 2026, if the appropriate local Head Start agency 
11 is unable or unwilling to enter into a memorandum of 
12 understanding as required under this paragraph (4), 
13 the memorandum of understanding requirement shall not 
14 apply and the grantee under the program must notify 
15 the State Board of Education in writing of the Head 
16 Start agency's inability or unwillingness. Through 
17 June 30, 2026, the State Board of Education shall 
18 compile all such written notices and make them 
19 available to the public. On and after July 1, 2026, if 
20 the appropriate local Head Start agency is unable or 
21 unwilling to enter into a memorandum of understanding 
22 as required under this paragraph (4), the memorandum 
23 of understanding requirement shall not apply and the 
24 grantee under the program must notify the Department 
25 of Early Childhood in writing of the Head Start 
26 agency's inability or unwillingness. The Department of 
 
 
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1 Early Childhood shall compile all such written notices 
2 and make them available to the public.
3  (5) Through June 30, 2026, the State Board of 
4 Education shall develop and provide evaluation tools, 
5 including tests, that school districts and other eligible 
6 entities may use to evaluate children for school readiness 
7 prior to age 5. The State Board of Education shall require 
8 school districts and other eligible entities to obtain 
9 consent from the parents or guardians of children before 
10 any evaluations are conducted. The State Board of 
11 Education shall encourage local school districts and other 
12 eligible entities to evaluate the population of preschool 
13 children in their communities and provide preschool 
14 programs, pursuant to this subsection, where appropriate.
15  (5.1) On and after July 1, 2026, the Department of 
16 Early Childhood shall develop and provide evaluation 
17 tools, including tests, that school districts and other 
18 eligible entities may use to evaluate children for school 
19 readiness prior to age 5. The Department of Early 
20 Childhood shall require school districts and other 
21 eligible entities to obtain consent from the parents or 
22 guardians of children before any evaluations are 
23 conducted. The Department of Early Childhood shall 
24 encourage local school districts and other eligible 
25 entities to evaluate the population of preschool children 
26 in their communities and provide preschool programs, 
 
 
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1 pursuant to this subsection, where appropriate.
2  (6) Through June 30, 2026, the State Board of 
3 Education shall report to the General Assembly by November 
4 1, 2018 and every 2 years thereafter on the results and 
5 progress of students who were enrolled in preschool 
6 educational programs, including an assessment of which 
7 programs have been most successful in promoting academic 
8 excellence and alleviating academic failure. Through June 
9 30, 2026, the State Board of Education shall assess the 
10 academic progress of all students who have been enrolled 
11 in preschool educational programs. Through Fiscal Year 
12 2026, on or before November 1 of each fiscal year in which 
13 the General Assembly provides funding for new programs 
14 under paragraph (4) of this Section, the State Board of 
15 Education shall report to the General Assembly on what 
16 percentage of new funding was provided to programs serving 
17 primarily at-risk children, what percentage of new funding 
18 was provided to programs serving primarily children with a 
19 family income of less than 4 times the federal poverty 
20 level, and what percentage of new funding was provided to 
21 other programs.
22  (6.1) On and after July 1, 2026, the Department of 
23 Early Childhood shall report to the General Assembly by 
24 November 1, 2026 and every 2 years thereafter on the 
25 results and progress of students who were enrolled in 
26 preschool educational programs, including an assessment of 
 
 
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1 which programs have been most successful in promoting 
2 academic excellence and alleviating academic failure. On 
3 and after July 1, 2026, the Department of Early Childhood 
4 shall assess the academic progress of all students who 
5 have been enrolled in preschool educational programs. 
6 Beginning in Fiscal Year 2027, on or before November 1 of 
7 each fiscal year in which the General Assembly provides 
8 funding for new programs under paragraph (4) of this 
9 Section, the Department of Early Childhood shall report to 
10 the General Assembly on what percentage of new funding was 
11 provided to programs serving primarily at-risk children, 
12 what percentage of new funding was provided to programs 
13 serving primarily children with a family income of less 
14 than 4 times the federal poverty level, and what 
15 percentage of new funding was provided to other programs.
16  (7) Due to evidence that expulsion practices in the 
17 preschool years are linked to poor child outcomes and are 
18 employed inconsistently across racial and gender groups, 
19 early childhood programs receiving State funds under this 
20 subsection (a) shall prohibit expulsions. Planned 
21 transitions to settings that are able to better meet a 
22 child's needs are not considered expulsion under this 
23 paragraph (7).
24   (A) When persistent and serious challenging 
25 behaviors emerge, the early childhood program shall 
26 document steps taken to ensure that the child can 
 
 
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1 participate safely in the program; including 
2 observations of initial and ongoing challenging 
3 behaviors, strategies for remediation and intervention 
4 plans to address the behaviors, and communication with 
5 the parent or legal guardian, including participation 
6 of the parent or legal guardian in planning and 
7 decision-making.
8   (B) The early childhood program shall, with 
9 parental or legal guardian consent as required, use a 
10 range of community resources, if available and deemed 
11 necessary, including, but not limited to, 
12 developmental screenings, referrals to programs and 
13 services administered by a local educational agency or 
14 early intervention agency under Parts B and C of the 
15 federal Individual with Disabilities Education Act, 
16 and consultation with infant and early childhood 
17 mental health consultants and the child's health care 
18 provider. The program shall document attempts to 
19 engage these resources, including parent or legal 
20 guardian participation and consent attempted and 
21 obtained. Communication with the parent or legal 
22 guardian shall take place in a culturally and 
23 linguistically competent manner.
24   (C) If there is documented evidence that all 
25 available interventions and supports recommended by a 
26 qualified professional have been exhausted and the 
 
 
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1 program determines in its professional judgment that 
2 transitioning a child to another program is necessary 
3 for the well-being of the child or his or her peers and 
4 staff, with parent or legal guardian permission, both 
5 the current and pending programs shall create a 
6 transition plan designed to ensure continuity of 
7 services and the comprehensive development of the 
8 child. Communication with families shall occur in a 
9 culturally and linguistically competent manner.
10   (D) Nothing in this paragraph (7) shall preclude a 
11 parent's or legal guardian's right to voluntarily 
12 withdraw his or her child from an early childhood 
13 program. Early childhood programs shall request and 
14 keep on file, when received, a written statement from 
15 the parent or legal guardian stating the reason for 
16 his or her decision to withdraw his or her child.
17   (E) In the case of the determination of a serious 
18 safety threat to a child or others or in the case of 
19 behaviors listed in subsection (d) of Section 10-22.6 
20 of the School Code, the temporary removal of a child 
21 from attendance in group settings may be used. 
22 Temporary removal of a child from attendance in a 
23 group setting shall trigger the process detailed in 
24 subparagraphs (A), (B), and (C) of this paragraph (7), 
25 with the child placed back in a group setting as 
26 quickly as possible.
 
 
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1   (F) Early childhood programs may use and the 
2 Department of Early Childhood, State Board of 
3 Education, the Department of Human Services, and the 
4 Department of Children and Family Services shall 
5 recommend training, technical support, and 
6 professional development resources to improve the 
7 ability of teachers, administrators, program 
8 directors, and other staff to promote social-emotional 
9 development and behavioral health, to address 
10 challenging behaviors, and to understand trauma and 
11 trauma-informed care, cultural competence, family 
12 engagement with diverse populations, the impact of 
13 implicit bias on adult behavior, and the use of 
14 reflective practice techniques. Support shall include 
15 the availability of resources to contract with infant 
16 and early childhood mental health consultants.
17   (G) Through June 30, 2026, early childhood 
18 programs shall annually report to the State Board of 
19 Education, and, beginning in Fiscal Year 2020, the 
20 State Board of Education shall make available on a 
21 biennial basis, in an existing report, all of the 
22 following data for children from birth to age 5 who are 
23 served by the program:
24    (i) Total number served over the course of the 
25 program year and the total number of children who 
26 left the program during the program year.
 
 
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1    (ii) Number of planned transitions to another 
2 program due to children's behavior, by children's 
3 race, gender, disability, language, class/group 
4 size, teacher-child ratio, and length of program 
5 day. 
6    (iii) Number of temporary removals of a child 
7 from attendance in group settings due to a serious 
8 safety threat under subparagraph (E) of this 
9 paragraph (7), by children's race, gender, 
10 disability, language, class/group size, 
11 teacher-child ratio, and length of program day.
12    (iv) Hours of infant and early childhood 
13 mental health consultant contact with program 
14 leaders, staff, and families over the program 
15 year.
16   (G-5) On and after July 1, 2026, early childhood 
17 programs shall annually report to the Department of 
18 Early Childhood, and beginning in Fiscal Year 2028, 
19 the Department of Early Childhood shall make available 
20 on a biennial basis, in a report, all of the following 
21 data for children from birth to age 5 who are served by 
22 the program:
23    (i) Total number served over the course of the 
24 program year and the total number of children who 
25 left the program during the program year.
26    (ii) Number of planned transitions to another 
 
 
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1 program due to children's behavior, by children's 
2 race, gender, disability, language, class/group 
3 size, teacher-child ratio, and length of program 
4 day. 
5    (iii) Number of temporary removals of a child 
6 from attendance in group settings due to a serious 
7 safety threat under subparagraph (E) of this 
8 paragraph (7), by children's race, gender, 
9 disability, language, class/group size, 
10 teacher-child ratio, and length of program day.
11    (iv) Hours of infant and early childhood 
12 mental health consultant contact with program 
13 leaders, staff, and families over the program 
14 year.
15   (H) Changes to services for children with an 
16 individualized education program or individual family 
17 service plan shall be construed in a manner consistent 
18 with the federal Individuals with Disabilities 
19 Education Act. 
20  The Department of Early Childhood, in consultation 
21 with the Department of Children and Family Services, shall 
22 adopt rules to administer this paragraph (7).
23 (b) Notwithstanding any other provisions of this Section, 
24grantees may serve children ages 0 to 12 of essential workers 
25if the Governor has declared a disaster due to a public health 
26emergency pursuant to Section 7 of the Illinois Emergency 
 
 
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1Management Agency Act. The Department of Early Childhood may 
2adopt rules to administer this subsection.

3 Section 15-35. Chronic absenteeism in preschool children. 
4 (a) In this Section, "chronic absence" means absences that 
5total 10% or more of school days of the most recent academic 
6school year, including absences with and without valid cause, 
7as defined in Section 26-2a of the School Code. 
8 (b) The General Assembly makes all of the following 
9findings:
10  (1) The early years are an extremely important period 
11 in a child's learning and development.
12  (2) Missed learning opportunities in the early years 
13 make it difficult for a child to enter kindergarten ready 
14 for success.
15  (3) Attendance patterns in the early years serve as 
16 predictors of chronic absenteeism and reduced educational 
17 outcomes in later school years. Therefore, it is crucial 
18 that the implications of chronic absence be understood and 
19 reviewed regularly under the Preschool for All Program and 
20 Preschool for All Expansion Program under Section 15-30 of 
21 this Act.
22 (c) The Preschool for All Program and Preschool for All 
23Expansion Program under Section 15-30 of this Act shall 
24collect and review its chronic absence data and determine what 
25support and resources are needed to positively engage 
 
 
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1chronically absent students and their families to encourage 
2the habit of daily attendance and promote success.
3 (d) The Preschool for All Program and Preschool for All 
4Expansion Program under Section 15-30 of this Act are 
5encouraged to do all of the following:
6  (1) Provide support to students who are at risk of 
7 reaching or exceeding chronic absence levels.
8  (2) Make resources available to families, such as 
9 those available through the State Board of Education's 
10 Family Engagement Framework, to support and encourage 
11 families to ensure their children's daily program 
12 attendance.
13  (3) Include information about chronic absenteeism as 
14 part of their preschool to kindergarten transition 
15 resources.
16 (e) On or before July 1, 2020, and annually thereafter 
17through June 30, 2026, the Preschool for All Program and 
18Preschool for All Expansion Program shall report all data 
19collected under subsection (c) of this Section to the State 
20Board of Education, which shall make the report publicly 
21available via the Illinois Early Childhood Asset Map Internet 
22website and the Preschool for All Program or Preschool for All 
23Expansion Program triennial report.
24 (e-5) On and after July 1, 2026, the Department of Early 
25Childhood shall collect and review its chronic absence data 
26and determine what support and resources are needed to 
 
 
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1positively engage chronically absent students and their 
2families to encourage the habit of daily attendance and 
3promote success. The Department shall report all data 
4collected and make a report publicly available via the 
5Illinois Early Childhood Asset Map Internet website and the 
6Preschool for All Program or Preschool for All Expansion 
7Program triennial report.

8 Section 15-40. Restrictions on prekindergarten 
9assessments. 
10 (a) In this Section:
11 "Diagnostic and screening purposes" means for the purpose 
12of determining if individual students need remedial 
13instruction or to determine eligibility for special education, 
14early intervention, bilingual education, dyslexia services, or 
15other related educational services. Any assessment used to 
16determine eligibility for special education or related 
17services must be consistent with Section 614 of the federal 
18Individuals with Disabilities Education Act. "Diagnostic and 
19screening purposes" includes the identification and evaluation 
20of students with disabilities. "Diagnostic and screening 
21purposes" does not include any assessment in which student 
22scores are used to rate or rank a classroom, program, teacher, 
23school, school district, or jurisdiction.
24 "Standardized assessment" means an assessment that 
25requires all student test takers to answer the same questions, 
 
 
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1or a selection of questions from a common bank of questions, in 
2the same manner or substantially the same questions in the 
3same manner. "Standardized assessment" does not include an 
4observational assessment tool used to satisfy the requirements 
5of Section 2-3.64a-10 of the School Code.
6 (b) Consistent with Section 2-3.64a-15 of the School Code, 
7the Department of Early Childhood may not develop, purchase, 
8or require a school district to administer, develop, or 
9purchase a standardized assessment for students enrolled or 
10preparing to enroll in prekindergarten, other than for 
11diagnostic and screening purposes.
12 (c) Consistent with Section 2-3.64a-15 of the School Code, 
13the Department of Early Childhood may not provide funding for 
14any standardized assessment of students enrolled or preparing 
15to enroll in prekindergarten, other than for diagnostic and 
16screening purposes.
17 (d) Nothing in this Section shall be construed to limit 
18the ability of a classroom teacher or school district to 
19develop, purchase, administer, or score an assessment for an 
20individual classroom, grade level, or group of grade levels in 
21any subject area in prekindergarten.
22 (e) Nothing in this Section limits procedures used by a 
23school or school district for child find under 34 CFR 
24300.111(c) or evaluation under 34 CFR 300.304.
25 (f) Nothing in this Section restricts the use of an annual 
26assessment of English proficiency of all English learners to 
 
 
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1comply with Section 1111(b)(2)(G) of the federal Elementary 
2and Secondary Education Act of 1965.

3 Section 15-45. Grants for early childhood parental 
4training programs. On and after July 1, 2026, the Department 
5of Early Childhood shall implement and administer a grant 
6program consisting of grants to public school districts and 
7other eligible entities, as defined by the Department, to 
8conduct early childhood parental training programs for the 
9parents of children in the period of life from birth to 
10kindergarten. A public school district that receives grants 
11under this Section may contract with other eligible entities 
12to conduct an early childhood parental training program. These 
13grants must be used to supplement, not supplant, funds 
14received from any other source. A school board or other 
15eligible entity shall employ appropriately qualified personnel 
16for its early childhood parental training program, including 
17but not limited to certified teachers, counselors, 
18psychiatrists, psychologists and social workers.
19 (a) As used in this Section, "parental training" means and 
20includes instruction in the following:
21  (1) Child growth and development, including prenatal 
22 development.
23  (2) Childbirth and child care.
24  (3) Family structure, function and management.
25  (4) Prenatal and postnatal care for mothers and 
 
 
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1 infants.
2  (5) Prevention of child abuse.
3  (6) The physical, mental, emotional, social, economic 
4 and psychological aspects of interpersonal and family 
5 relationships.
6  (7) Parenting skill development.
7 The programs shall include activities that require 
8substantial participation and interaction between parent and 
9child.
10 (b) The Department shall annually award funds through a 
11grant approval process established by the Department, 
12providing that an annual appropriation is made for this 
13purpose from State, federal or private funds. Nothing in this 
14Section shall preclude school districts from applying for or 
15accepting private funds to establish and implement programs.
16 (c) The Department shall assist those districts and other 
17eligible entities offering early childhood parental training 
18programs, upon request, in developing instructional materials, 
19training teachers and staff, and establishing appropriate time 
20allotments for each of the areas included in such instruction.
21 (d) School districts and other eligible entities may offer 
22early childhood parental training courses during that period 
23of the day which is not part of the regular school day. 
24Residents of the community may enroll in such courses. The 
25school board or other eligible entity may establish fees and 
26collect such charges as may be necessary for attendance at 
 
 
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1such courses in an amount not to exceed the per capita cost of 
2the operation thereof, except that the board or other eligible 
3entity may waive all or part of such charges if it determines 
4that the parent is indigent or that the educational needs of 
5the parent require his or her attendance at such courses.
6 (e) Parents who participate in early childhood parental 
7training programs under this Section may be eligible for 
8reasonable reimbursement of any incidental transportation and 
9child care expenses from the school district receiving funds 
10pursuant to this Section.
11 (f) Districts and other eligible entities receiving grants 
12pursuant to this Section shall coordinate programs created 
13under this Section with other preschool educational programs, 
14including "at-risk" preschool programs, special and vocational 
15education, and related services provided by other governmental 
16agencies and not-for-profit agencies.
17 (g) Early childhood programs under this Section are 
18subject to the requirements under paragraph (7) of subsection 
19(a) of Section 15-30 of this Act.

20 Section 15-50. Early childhood construction grants. 
21 (a) The Capital Development Board is authorized to make 
22grants to public school districts and not-for-profit entities 
23for early childhood construction projects, except that in 
24Fiscal Year 2024 those grants may be made only to public school 
25districts. These grants shall be paid out of moneys 
 
 
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1appropriated for that purpose from the School Construction 
2Fund, the Build Illinois Bond Fund, or the Rebuild Illinois 
3Projects Fund. No grants may be awarded to entities providing 
4services within private residences. A public school district 
5or other eligible entity must provide local matching funds in 
6the following manner:
7  (1) A public school district assigned to Tier 1 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 3% of 
11 the grant awarded under this Section.
12  (2) A public school district assigned to Tier 2 under 
13 Section 18-8.15 of the School Code or any other eligible 
14 entity in an area encompassed by that district must 
15 provide local matching funds in an amount equal to 7.5% of 
16 the grant awarded under this Section.
17  (3) A public school district assigned to Tier 3 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 8.75% 
21 of the grant awarded under this Section.
22  (4) A public school district assigned to Tier 4 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 10% of 
26 the grant awarded under this Section.
 
 
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1 A public school district or other eligible entity has no 
2entitlement to a grant under this Section.
3 (b) The Capital Development Board shall adopt rules to 
4implement this Section. These rules need not be the same as the 
5rules for school construction project grants or school 
6maintenance project grants. The rules may specify:
7  (1) the manner of applying for grants;
8  (2) project eligibility requirements;
9  (3) restrictions on the use of grant moneys;
10  (4) the manner in which school districts and other 
11 eligible entities must account for the use of grant 
12 moneys;
13  (5) requirements that new or improved facilities be 
14 used for early childhood and other related programs for a 
15 period of at least 10 years; and
16  (6) any other provision that the Capital Development 
17 Board determines to be necessary or useful for the 
18 administration of this Section.
19 (b-5) When grants are made to non-profit corporations for 
20the acquisition or construction of new facilities, the Capital 
21Development Board or any State agency it so designates shall 
22hold title to or place a lien on the facility for a period of 
2310 years after the date of the grant award, after which title 
24to the facility shall be transferred to the non-profit 
25corporation or the lien shall be removed, provided that the 
26non-profit corporation has complied with the terms of its 
 
 
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1grant agreement. When grants are made to non-profit 
2corporations for the purpose of renovation or rehabilitation, 
3if the non-profit corporation does not comply with item (5) of 
4subsection (b) of this Section, the Capital Development Board 
5or any State agency it so designates shall recover the grant 
6pursuant to the procedures outlined in the Illinois Grant 
7Funds Recovery Act.
8 (c) On and after July 1, 2026, the Capital Development 
9Board, in consultation with the Department of Early Childhood, 
10shall establish standards for the determination of priority 
11needs concerning early childhood projects based on projects 
12located in communities in the State with the greatest 
13underserved population of young children, utilizing Census 
14data and other reliable local early childhood service data.
15 (d) In each school year in which early childhood 
16construction project grants are awarded, 20% of the total 
17amount awarded shall be awarded to a school district with a 
18population of more than 500,000, provided that the school 
19district complies with the requirements of this Section and 
20the rules adopted under this Section.

21 Section 15-55. Infant/early childhood mental health 
22consultations. 
23 (a) Findings; policies. 
24  (1) The General Assembly finds that social and 
25 emotional development is a core, developmental domain in 
 
 
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1 young children and is codified in the Illinois Early 
2 Learning Standards.
3  (2) Fostering social and emotional development in, 
4 early childhood means both providing the supportive 
5 settings and interactions to maximize healthy social and 
6 emotional development for all children, as well as 
7 providing communities, programs, and providers with 
8 systems of tiered supports with training to respond to 
9 more significant social and emotional challenges or where 
10 experiences of trauma may be more prevalent.
11  (3) Early care and education programs and providers, 
12 across a range of settings, have an important role to play 
13 in supporting young children and families, especially 
14 those who face greater challenges, such as trauma 
15 exposure, social isolation, pervasive poverty, and toxic 
16 stress. If programs, teaching staff, caregivers, and 
17 providers are not provided with the support, services, and 
18 training needed to accomplish these goals, it can lead to 
19 children and families being asked to leave programs, 
20 particularly without connection to more appropriate 
21 services, thereby creating a disruption in learning and 
22 social-emotional development. Investments in reflective 
23 supervision, professional development specific to 
24 diversity, equity, and inclusion practice, culturally 
25 responsive training, implicit bias training, and how 
26 trauma experienced during the early years can manifest in 
 
 
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1 challenging behaviors will create systems for serving 
2 children that are informed in developmentally appropriate 
3 and responsive supports.
4  (4) Studies have shown that the expulsion of infants, 
5 toddlers, and young children in early care and education 
6 settings is occurring at alarmingly high rates, more than 
7 3 times that of students in K-12; further, expulsion 
8 occurs more frequently for Black children and Latinx 
9 children and more frequently for boys than for girls, with 
10 Black boys being most frequently expelled; there is 
11 evidence to show that the expulsion of Black girls is 
12 occurring with increasing frequency.
13  (5) Illinois took its first steps toward addressing 
14 this disparity through Public Act 100-105 to prohibit 
15 expulsion due to child behavior in early care and 
16 education settings, but further work is needed to 
17 implement this law, including strengthening provider 
18 understanding of a successful transition and beginning to 
19 identify strategies to reduce "soft expulsions" and to 
20 ensure more young children and their teachers, providers, 
21 and caregivers, in a range of early care and education 
22 settings, can benefit from services, such as Infant/Early 
23 Childhood Mental Health Consultations (I/ECMHC) and 
24 positive behavior interventions and supports such as the 
25 Pyramid Model.
26  (6) I/ECMHC is a critical component needed to align 
 
 
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1 social-emotional well-being with the public health model 
2 of promotion, prevention, and intervention across early 
3 care and education systems.
4 (b) The General Assembly encourages that all of the 
5following actions be taken by:
6  (1) the State to increase the availability of 
7 Infant/Early Childhood Mental Health Consultations 
8 (I/ECMHC) through increased funding in early childhood 
9 programs and sustainable funding for coordination of 
10 I/ECMHC and other social and emotional support at the 
11 State level;
12  (2) the Department of Early Childhood, the Department 
13 of Human Services, the Illinois State Board of Education, 
14 and other relevant agencies to develop and promote 
15 provider-accessible and parent-accessible materials, 
16 including native language, on the role and value of 
17 I/ECMHC, including targeted promotion in underserved 
18 communities, and promote the use of existing I/ECMHCs, the 
19 I/ECMHC consultant database, or other existing services;
20  (3) the State to increase funding to promote and 
21 provide training and implementation support for systems of 
22 tiered support, such as the Pyramid Model, across early 
23 childhood settings and urge the Department of Early 
24 Childhood, the Department of Human Services, the Illinois 
25 State Board of Education, and other relevant State 
26 agencies to coordinate efforts and develop strategies to 
 
 
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1 provide outreach to and support providers in underserved 
2 communities and communities with fewer programmatic 
3 resources; and
4  (4) State agencies to provide the data required by 
5 Public Act 100-105, even if the data is incomplete at the 
6 time due to data system challenges.

7
ARTICLE 20.  POWERS AND DUTIES RELATING TO CHILD CARE AND DAY 
8
CARE LICENSING


9 Section 20-5. Transition. Beginning July 1, 2024, the 
10Department of Early Childhood and the Department of Human 
11Services shall collaborate and plan for the transition of 
12child care services for children established in Section 5.15 
13of the Children and Family Services Act. 

14 Section 20-10. Child care. 
15 (a) The General Assembly recognizes that families with 
16children need child care in order to work. Child care is 
17expensive and families with limited access to economic 
18resources, including those who are transitioning from welfare 
19to work, often struggle to pay the costs of day care. The 
20General Assembly understands the importance of helping working 
21families with limited access to economic resources become and 
22remain self-sufficient. The General Assembly also believes 
23that it is the responsibility of families to share in the costs 
 
 
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1of child care. It is also the preference of the General 
2Assembly that all working families with limited access to 
3economic resources should be treated equally, regardless of 
4their welfare status.
5 (b) On and after July 1, 2026, to the extent resources 
6permit, the Illinois Department of Early Childhood shall 
7provide child care services to parents or other relatives as 
8defined by rule who are working or participating in employment 
9or Department approved education or training programs as 
10prescribed in Section 9A-11 of the Illinois Public Aid Code. 
11 (c) Smart Start Child Care Program. Through June 30, 2026, 
12subject to appropriation, the Department of Human Services 
13shall establish and administer the Smart Start Child Care 
14Program. On and after July 1, 2026, the Department of Early 
15Childhood shall administer the Smart Start Child Care Program. 
16The Smart Start Child Care Program shall focus on creating 
17affordable child care, as well as increasing access to child 
18care, for Illinois residents and may include, but is not 
19limited to, providing funding to increase preschool 
20availability, providing funding for childcare workforce 
21compensation or capital investments, and expanding funding for 
22Early Childhood Access Consortium for Equity Scholarships. The 
23Department with authority to administer the Smart Start Child 
24Care Program shall establish program eligibility criteria, 
25participation conditions, payment levels, and other program 
26requirements by rule. The Department with authority to 
 
 
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1administer the Smart Start Child Care Program may consult with 
2the Capital Development Board, the Department of Commerce and 
3Economic Opportunity, the State Board of Education, and the 
4Illinois Housing Development Authority, and other state 
5agencies as determined by the Department in the management and 
6disbursement of funds for capital-related projects. The 
7Capital Development Board, the Department of Commerce and 
8Economic Opportunity, the State Board of Education, and the 
9Illinois Housing Development Authority, and other state 
10agencies as determined by the Department shall act in a 
11consulting role only for the evaluation of applicants, scoring 
12of applicants, or administration of the grant program.

13 Section 20-15. Day care services. 
14 (a) For the purpose of ensuring effective statewide 
15planning, development, and utilization of resources for the 
16day care of children, operated under various auspices, the 
17Department of Early Childhood is designated on and after July 
181, 2026 to coordinate all day care activities for children of 
19the State and shall develop or continue, and shall update 
20every year, a State comprehensive day care plan for submission 
21to the Governor that identifies high-priority areas and 
22groups, relating them to available resources and identifying 
23the most effective approaches to the use of existing day care 
24services. The State comprehensive day care plan shall be made 
25available to the General Assembly following the Governor's 
 
 
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1approval of the plan. 
2 The plan shall include methods and procedures for the 
3development of additional day care resources for children to 
4meet the goal of reducing short-run and long-run dependency 
5and to provide necessary enrichment and stimulation to the 
6education of young children. Recommendations shall be made for 
7State policy on optimum use of private and public, local, 
8State and federal resources, including an estimate of the 
9resources needed for the licensing and regulation of day care 
10facilities.
11 A written report shall be submitted to the Governor and 
12the General Assembly annually on April 15. The report shall 
13include an evaluation of developments over the preceding 
14fiscal year, including cost-benefit analyses of various 
15arrangements. Beginning with the report in 1990 submitted by 
16the Department's predecessor agency and every 2 years 
17thereafter, the report shall also include the following:
18  (1) An assessment of the child care services, needs 
19 and available resources throughout the State and an 
20 assessment of the adequacy of existing child care 
21 services, including, but not limited to, services assisted 
22 under this Act and under any other program administered by 
23 other State agencies.
24  (2) A survey of day care facilities to determine the 
25 number of qualified caregivers, as defined by rule, 
26 attracted to vacant positions and any problems encountered 
 
 
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1 by facilities in attracting and retaining capable 
2 caregivers. The report shall include an assessment, based 
3 on the survey, of improvements in employee benefits that 
4 may attract capable caregivers.
5  (3) The average wages and salaries and fringe benefit 
6 packages paid to caregivers throughout the State, computed 
7 on a regional basis, compared to similarly qualified 
8 employees in other but related fields.
9  (4) The qualifications of new caregivers hired at 
10 licensed day care facilities during the previous 2-year 
11 period.
12  (5) Recommendations for increasing caregiver wages and 
13 salaries to ensure quality care for children.
14  (6) Evaluation of the fee structure and income 
15 eligibility for child care subsidized by the State.
16 (b) The Department of Early Childhood 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 Early Childhood 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 interagency funding arrangements. The resource and 
4referral system shall provide at least the following services:
5  (1) Assembling and maintaining a database 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 Early Childhood 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. The Department shall design a plan 
20 to create more child care slots as well as goals and 
21 timetables to improve quality and accessibility of child 
22 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) Care of children from families in stress and 
2 crises whose members potentially may become, or are in 
3 danger of becoming, non-productive and dependent.
4  (4) Expansion of family day care facilities wherever 
5 possible.
6  (5) Location of centers in economically depressed 
7 neighborhoods, preferably in multi-service centers with 
8 cooperation of other agencies. The Department shall 
9 coordinate the provision of grants, but only to the extent 
10 funds are specifically appropriated for this purpose, to 
11 encourage the creation and expansion of child care centers 
12 in high need communities to be issued by the State, 
13 business, and local governments.
14  (6) Use of existing facilities free of charge or for 
15 reasonable rental whenever possible in lieu of 
16 construction.
17  (7) Development of strategies for assuring a more 
18 complete range of day care options, including provision of 
19 day care services in homes, in schools, or in centers, 
20 which will enable parents to complete a course of 
21 education or obtain or maintain employment and the 
22 creation of more child care options for swing shift, 
23 evening, and weekend workers and for working women with 
24 sick children. The Department shall encourage companies to 
25 provide child care in their own offices or in the building 
26 in which the corporation is located so that employees of 
 
 
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1 all the building's tenants can benefit from the facility.
2  (8) Development of strategies for subsidizing students 
3 pursuing degrees in the child care field.
4  (9) Continuation and expansion of service programs 
5 that assist teen parents to continue and complete their 
6 education.
7 Emphasis shall be given to support services that will help 
8to ensure such parents' graduation from high school and to 
9services for participants in any programs of job training 
10conducted by the Department.
11 (e) The Department of Early Childhood shall actively 
12stimulate the development of public and private resources at 
13the local level. It shall also seek the fullest utilization of 
14federal funds directly or indirectly available to the 
15Department. Where appropriate, existing non-governmental 
16agencies or associations shall be involved in planning by the 
17Department.

18 Section 20-20. Day care facilities for the children of 
19migrant workers. On and after July 1, 2026, the Department of 
20Early Childhood shall operate day care facilities for the 
21children of migrant workers in areas of the State where they 
22are needed. The Department of Early Childhood may provide 
23these day care services by contracting with private centers if 
24practicable. "Migrant worker" means any person who moves 
25seasonally from one place to another, within or without the 
 
 
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1State, for the purpose of employment in agricultural 
2activities.

3 Section 20-25. Licensing day care facilities. 
4 (a) Beginning July 1, 2024, the Department of Early 
5Childhood and the Department of Children and Family Services 
6shall collaborate and plan for the transition of 
7administrative responsibilities related to licensing day care 
8centers, day care homes, and group day care homes as 
9prescribed throughout the Child Care Act of 1969. 
10 (b) Beginning July 1, 2026, the Department of Early 
11Childhood shall manage all facets of licensing for day care 
12centers, day care homes, and group day care homes as 
13prescribed throughout the Child Care Act of 1969. 

14 Section 20-30. Off-Hours Child Care Program. 
15 (a) Legislative intent. The General Assembly finds that:
16  (1) Finding child care can be a challenge for 
17 firefighters, paramedics, police officers, nurses, and 
18 other third shift workers across the State who often work 
19 non-typical work hours. This can impact home life, school, 
20 bedtime routines, job safety, and the mental health of 
21 some of our most critical front line workers and their 
22 families.
23  (2) There is a need for increased options for 
24 off-hours child care in the State.
 
 
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1  (3) Illinois has a vested interest in ensuring that 
2 our first responders and working families can provide 
3 their children with appropriate care during off hours to 
4 improve the morale of existing first responders and to 
5 improve recruitment into the future.
6 (b) As used in this Section, "first responders" means 
7emergency medical services personnel as defined in the 
8Emergency Medical Services (EMS) Systems Act, firefighters, 
9law enforcement officers, and, as determined by the Department 
10of Early Childhood on and after July 1, 2026, any other workers 
11who, on account of their work schedule, need child care 
12outside of the hours when licensed child care facilities 
13typically operate.
14 (c) Beginning July 1, 2026, the Department of Early 
15Childhood shall administer the Off-Hours Child Care Program to 
16help first responders and other workers identify and access 
17off-hours, night, or sleep time child care, subject to 
18appropriation. Services funded under the program must address 
19the child care needs of first responders. Funding provided 
20under the program may also be used to cover any capital and 
21operating expenses related to the provision of off-hours, 
22night, or sleep time child care for first responders. Funding 
23awarded under this Section shall be funded through 
24appropriations from the Off-Hours Child Care Program Fund 
25created under Public Act 102-912. The Department of Early 
26Childhood may adopt any rules necessary to implement the 
 
 
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1program.

2 Section 20-35. Great START program. 
3 (a) Through June 30, 2026, the Department of Human 
4Services shall, subject to a specific appropriation for this 
5purpose, operate a Great START (Strategy To Attract and Retain 
6Teachers) program. The goal of the program is to improve 
7children's developmental and educational outcomes in child 
8care by encouraging increased professional preparation by 
9staff and staff retention. The Great START program shall 
10coordinate with the TEACH professional development program.
11 The program shall provide wage supplements and may include 
12other incentives to licensed child care center personnel, 
13including early childhood teachers, school-age workers, early 
14childhood assistants, school-age assistants, and directors, as 
15such positions are defined by administrative rule of the 
16Department of Children and Family Services. The program shall 
17provide wage supplements and may include other incentives to 
18licensed family day care home personnel and licensed group day 
19care home personnel, including caregivers and assistants as 
20such positions are defined by administrative rule of the 
21Department of Children and Family Services. Individuals will 
22receive supplements commensurate with their qualifications.
23 (b) On and after July 1, 2026, the Department of Early 
24Childhood shall, subject to a specific appropriation for this 
25purpose, operate a Great START program. The goal of the 
 
 
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1program is to improve children's developmental and educational 
2outcomes in child care by encouraging increased professional 
3preparation by staff and staff retention. The Great START 
4program shall coordinate with the TEACH professional 
5development program.
6 The program shall provide wage supplements and may include 
7other incentives to licensed child care center personnel, 
8including early childhood teachers, school-age workers, early 
9childhood assistants, school-age assistants, and directors, as 
10such positions are defined by administrative rule by the 
11Department pursuant to subsections (a) and this subsection.
12 (c) The Department, pursuant to subsections (a) and (b), 
13shall, by rule, define the scope and operation of the program, 
14including a wage supplement scale. The scale shall pay 
15increasing amounts for higher levels of educational attainment 
16beyond minimum qualifications and shall recognize longevity of 
17employment. Subject to the availability of sufficient 
18appropriation, the wage supplements shall be paid to child 
19care personnel in the form of bonuses at 6-month intervals. 
20Six months of continuous service with a single employer is 
21required to be eligible to receive a wage supplement bonus. 
22Wage supplements shall be paid directly to individual day care 
23personnel, not to their employers. Eligible individuals must 
24provide to the Department or its agent all information and 
25documentation, including but not limited to college 
26transcripts, to demonstrate their qualifications for a 
 
 
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1particular wage supplement level.
2 If appropriations permit, the Department may include 
3one-time signing bonuses or other incentives to help providers 
4attract staff, provided that the signing bonuses are less than 
5the supplement staff would have received if they had remained 
6employed with another day care center or family day care home.
7 If appropriations permit, the Department may include 
8one-time longevity bonuses or other incentives to recognize 
9staff who have remained with a single employer.

10 Section 20-40. Programs to train low-income older persons 
11to be child care workers. On and after July 1, 2026, the 
12Department of Early Childhood may, in conjunction with 
13colleges or universities in this State, establish programs to 
14train low-income older persons to be child care workers. The 
15Department shall prescribe, by rule:
16  (a) age and income qualifications for persons to be 
17 trained under such programs; and
18  (b) standards for such programs to ensure that such 
19 programs train participants to be skilled workers for the 
20 child care industry.

21 Section 20-45. Home child care demonstration project; 
22conversion and renovation grants; Department of Early 
23Childhood. 
24 (a) The General Assembly finds that the demand for quality 
 
 
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1child care far outweighs the number of safe, quality spaces 
2for our children. The purpose of this Section is to increase 
3the number of child care providers by:
4  (1) developing a demonstration project to train 
5 individuals to become home child care providers who are 
6 able to establish and operate their own child care 
7 facility; and
8  (2) providing grants to convert and renovate existing 
9 facilities.
10 (b) On and after July 1, 2026, the Department of Early 
11Childhood may from appropriations from the Child Care 
12Development Block Grant establish a demonstration project to 
13train individuals to become home child care providers who are 
14able to establish and operate their own home-based child care 
15facilities. On and after July 1, 2026, the Department of Early 
16Childhood is authorized to use funds for this purpose from the 
17child care and development funds deposited into the DHS 
18Special Purposes Trust Fund as described in Section 12-10 of 
19the Illinois Public Aid Code or deposited into the Employment 
20and Training Fund as described in Section 12-10.3 of the 
21Illinois Public Aid Code. As an economic development program, 
22the project's focus is to foster individual self-sufficiency 
23through an entrepreneurial approach by the creation of new 
24jobs and opening of new small home-based child care 
25businesses. The demonstration project shall involve 
26coordination among State and county governments and the 
 
 
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1private sector, including but not limited to: the community 
2college system, the Departments of Labor and Commerce and 
3Economic Opportunity, the State Board of Education, large and 
4small private businesses, non-profit programs, unions, and 
5child care providers in the State.
6 (c) On and after July 1, 2026, the Department of Early 
7Childhood may from appropriations from the Child Care 
8Development Block Grant provide grants to family child care 
9providers and center based programs to convert and renovate 
10existing facilities, to the extent permitted by federal law, 
11so additional family child care homes and child care centers 
12can be located in such facilities.
13  (1) Applications for grants shall be made to the 
14 Department and shall contain information as the Department 
15 shall require by rule. Every applicant shall provide 
16 assurance to the Department that:
17   (A) the facility to be renovated or improved shall 
18 be used as family child care home or child care center 
19 for a continuous period of at least 5 years;
20   (B) any family child care home or child care 
21 center program located in a renovated or improved 
22 facility shall be licensed by the Department;
23   (C) the program shall comply with applicable 
24 federal and State laws prohibiting discrimination 
25 against any person on the basis of race, color, 
26 national origin, religion, creed, or sex;
 
 
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1   (D) the grant shall not be used for purposes of 
2 entertainment or perquisites;
3   (E) the applicant shall comply with any other 
4 requirement the Department may prescribe to ensure 
5 adherence to applicable federal, State, and county 
6 laws;
7   (F) all renovations and improvements undertaken 
8 with funds received under this Section shall comply 
9 with all applicable State and county statutes and 
10 ordinances including applicable building codes and 
11 structural requirements of the Department; and
12   (G) the applicant shall indemnify and save 
13 harmless the State and its officers, agents, and 
14 employees from and against any and all claims arising 
15 out of or resulting from the renovation and 
16 improvements made with funds provided by this Section, 
17 and, upon request of the Department, the applicant 
18 shall procure sufficient insurance to provide that 
19 indemnification.
20  (2) To receive a grant under this Section to convert 
21 an existing facility into a family child care home or 
22 child care center facility, the applicant shall:
23   (A) agree to make available to the Department all 
24 records it may have relating to the operation of any 
25 family child care home and child care center facility, 
26 and to allow State agencies to monitor its compliance 
 
 
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1 with the purpose of this Section;
2   (B) agree that, if the facility is to be altered or 
3 improved, or is to be used by other groups, moneys 
4 appropriated by this Section shall be used for 
5 renovating or improving the facility only to the 
6 proportionate extent that the floor space will be used 
7 by the child care program; and
8   (C) establish, to the satisfaction of the 
9 Department, that sufficient funds are available for 
10 the effective use of the facility for the purpose for 
11 which it is being renovated or improved.
12  (3) In selecting applicants for funding, the 
13 Department shall make every effort to ensure that family 
14 child care home or child care center facilities are 
15 equitably distributed throughout the State according to 
16 demographic need. The Department shall give priority 
17 consideration to rural/Downstate areas of the State that 
18 are currently experiencing a shortage of child care 
19 services.
20  (4) In considering applications for grants to renovate 
21 or improve an existing facility used for the operations of 
22 a family child care home or child care center, the 
23 Department shall give preference to applications to 
24 renovate facilities most in need of repair to address 
25 safety and habitability concerns. No grant shall be 
26 disbursed unless an agreement is entered into between the 
 
 
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1 applicant and the State, by and through the Department. 
2 The agreement shall include the assurances and conditions 
3 required by this Section and any other terms which the 
4 Department may require.

5
ARTICLE 80.  TRANSITION PROVISIONS


6 Section 80-5. Transfer of functions. On and after July 1, 
72026:
8 (a) The powers, duties, rights, and responsibilities 
9vested in the transferring agencies relating to early care and 
10education programs and services to children and families 
11transferred by this Act shall be vested in and shall be 
12exercised by the Department of Early Childhood.
13 (b) The personnel who are engaged in the performance of 
14functions transferred to the Department or who are engaged in 
15the administration of a law the administration of which is 
16transferred to the Department shall be employed by the 
17Department of Early Childhood and not the agency from which 
18the duties performed are transferred. 
19 (c) All books, records, papers, documents, property (real 
20and personal), contracts, causes of action, and pending 
21business pertaining to the powers, duties, rights, and 
22responsibilities relating to functions transferred under this 
23Act to the Department of Early Childhood, including, but not 
24limited to, material in electronic or magnetic format and 
 
 
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1necessary computer hardware and software, shall be transferred 
2to the Department.
3 (d) Whenever reports or notices are now required to be 
4made or given or papers or documents furnished or served by any 
5person in connection with any of the powers, duties, rights, 
6and responsibilities relating to functions transferred by this 
7Act, the same shall be made, given, furnished, or served in the 
8same manner to or upon the Department.
9 (e) This Act does not affect any act done, ratified, or 
10canceled or any right occurring or established or any action 
11or proceeding had or commenced in an administrative, civil, or 
12criminal cause by each transferring agency relating to 
13functions transferred by this Act before the transfer of 
14responsibilities; such actions or proceedings may be 
15prosecuted and continued by the Department.

16 Section 80-10. Rules and standards. 
17 (a) The rules and standards of the Department's 
18predecessor agencies that are in effect on June 30, 2026 and 
19pertain to the rights, powers, duties, and functions 
20transferred to the Department under this Act shall become the 
21rules and standards of the Department of Early Childhood on 
22July 1, 2026 and shall continue in effect until amended or 
23repealed by the Department.
24 (b) Any rules pertaining to the rights, powers, duties, 
25and functions transferred to the Department under this Act 
 
 
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1that have been proposed by a predecessor agency but have not 
2taken effect or been finally adopted by June 30, 2026 shall 
3become proposed rules of the Department of Early Childhood on 
4July 1, 2026, and any rulemaking procedures that have already 
5been completed by the predecessor agency for those proposed 
6rules need not be repeated.
7 (c) As soon as practical after July 1, 2026, the 
8Department of Early Childhood shall revise and clarify the 
9rules transferred to it under this Act to reflect the 
10reorganization of rights, powers, duties, and functions 
11effected by this Act using the procedures for recodification 
12of rules available under the Illinois Administrative Procedure 
13Act, except that existing Title, Part, and Section numbering 
14for the affected rules may be retained. The Department may 
15propose and adopt under the Illinois Administrative Procedure 
16Act such other rules as may be necessary to consolidate and 
17clarify the rules of the agencies reorganized by this Act.

18 Section 80-15. Savings provisions. 
19 (a) The rights, powers, duties, and functions transferred 
20to the Department of Early Childhood by this Act shall be 
21vested in and exercised by the Department subject to the 
22provisions of this Act. An act done by the Department or an 
23officer, employee, or agent of the Department in the exercise 
24of the transferred rights, powers, duties, or functions shall 
25have the same legal effect as if done by the predecessor agency 
 
 
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1or an officer, employee, or agent of the predecessor agency.
2 (b) The transfer of rights, powers, duties, and functions 
3to the Department of Early Childhood under this Act does not 
4invalidate any previous action taken by or in respect to any of 
5its predecessor agencies or their officers, employees, or 
6agents. References to those predecessor agencies or their 
7officers, employees or agents in any document, contract, 
8agreement, or law shall, in appropriate contexts, be deemed to 
9refer to the Department or its officers, employees, or agents.
10 (c) The transfer of rights, powers, duties, and functions 
11to the Department of Early Childhood under this Act does not 
12affect any person's rights, obligations, or duties, including 
13any civil or criminal penalties applicable thereto, arising 
14out of those transferred rights, powers, duties, and 
15functions.
16 (d) With respect to matters that pertain to a right, 
17power, duty, or function transferred to the Department of 
18Early Childhood under this Act:
19  (1) Beginning July 1, 2026, a report or notice that 
20 was previously required to be made or given by any person 
21 to a predecessor agency or any of its officers, employees, 
22 or agents shall be made or given in the same manner to the 
23 Department or its appropriate officer, employee, or agent.
24  (2) Beginning July 1, 2026, a document that was 
25 previously required to be furnished or served by any 
26 person to or upon a predecessor agency or any of its 
 
 
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1 officers, employees, or agents shall be furnished or 
2 served in the same manner to or upon the Department or its 
3 appropriate officer, employee, or agent.
4 (e) This Act does not affect any act done, ratified, or 
5canceled, any right occurring or established, or any action or 
6proceeding had or commenced in an administrative, civil, or 
7criminal cause before July 1, 2026. Any such action or 
8proceeding that pertains to a right, power, duty, or function 
9transferred to the Department of Early Childhood under this 
10Act and that is pending on that date may be prosecuted, 
11defended, or continued by the Department of Early Childhood.

12
ARTICLE 90.  AMENDATORY PROVISIONS


13 Section 90-5. The Civil Administrative Code of Illinois is 
14amended by changing Sections 5-10, 5-15, and 5-20 and by 
15adding Sections 5-126 and 5-336 as follows:

16 (20 ILCS 5/5-10) (was 20 ILCS 5/2.1)
17 Sec. 5-10. "Director". As used in the Civil Administrative 
18Code of Illinois, unless the context clearly indicates 
19otherwise, the word "director" means the several directors of 
20the departments of State government as designated in Section 
215-20 of this Law and includes the Secretary of Early 
22Childhood, the Secretary of Financial and Professional 
23Regulation, the Secretary of Innovation and Technology, the 
 
 
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1Secretary of Human Services, and the Secretary of 
2Transportation.
3(Source: P.A. 100-611, eff. 7-20-18.)

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

7 (20 ILCS 5/5-20) (was 20 ILCS 5/4)
8 Sec. 5-20. Heads of departments. Each department shall 
9have an officer as its head who shall be known as director or 
10secretary and who shall, subject to the provisions of the 
11Civil Administrative Code of Illinois, execute the powers and 
12discharge the duties vested by law in his or her respective 
13department.
14 The following officers are hereby created:
15 Director of Aging, for the Department on Aging.
16 Director of Agriculture, for the Department of 
17Agriculture.
18 Director of Central Management Services, for the 
19Department of Central Management Services.
20 Director of Children and Family Services, for the 
21Department of Children and Family Services.
22 Director of Commerce and Economic Opportunity, for the 
23Department of Commerce and Economic Opportunity.
24 Director of Corrections, for the Department of 
25Corrections.
 
 
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1 Director of the Illinois Emergency Management Agency, for 
2the Illinois Emergency Management Agency. 
3 Secretary of Early Childhood, for the Department of Early 
4Childhood. 
5 Director of Employment Security, for the Department of 
6Employment Security.
7 Secretary of Financial and Professional Regulation, for 
8the Department of Financial and Professional Regulation. 
9 Director of Healthcare and Family Services, for the 
10Department of Healthcare and Family Services. 
11 Director of Human Rights, for the Department of Human 
12Rights.
13 Secretary of Human Services, for the Department of Human 
14Services.
15 Secretary of Innovation and Technology, for the Department 
16of Innovation and Technology. 
17 Director of Insurance, for the Department of Insurance. 
18 Director of Juvenile Justice, for the Department of 
19Juvenile Justice. 
20 Director of Labor, for the Department of Labor.
21 Director of the Lottery, for the Department of the 
22Lottery. 
23 Director of Natural Resources, for the Department of 
24Natural Resources.
25 Director of Public Health, for the Department of Public 
26Health.
 
 
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1 Director of Revenue, for the Department of Revenue.
2 Director of the Illinois State Police, for the Illinois 
3State Police.
4 Secretary of Transportation, for the Department of 
5Transportation.
6 Director of Veterans' Affairs, for the Department of 
7Veterans' Affairs.
8(Source: P.A. 102-538, eff. 8-20-21.)

9 (20 ILCS 5/5-126 new)
10 Sec. 5-126. In the Department of Early Childhood. 
11Secretary and Assistant Secretaries of Early Childhood.

12 (20 ILCS 5/5-336 new)
13 Sec. 5-336. In the Department of Early Childhood. For 
14terms beginning on or after July 1, 2024, the Secretary shall 
15receive an annual salary of $200,000 or as set by the Governor, 
16whichever is higher. On July 1, 2025, and on each July 1 
17thereafter, the Secretary shall receive an increase in salary 
18based on the cost of living adjustment as authorized by Senate 
19Joint Resolution 192 of the 86th General Assembly.

20 Section 90-10. The Children and Family Services Act is 
21amended by changing Sections 5.15, 5.20, 22.1, 34.9, and 34.10 
22as follows:

 
 
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1 (20 ILCS 505/5.15)
2 Sec. 5.15. Daycare; Department of Human Services. 
3 (a) For the purpose of ensuring effective statewide 
4planning, development, and utilization of resources for the 
5day care of children, operated under various auspices, the 
6Department of Human Services is designated to coordinate all 
7day care activities for children of the State and shall 
8develop or continue, and shall update every year, a State 
9comprehensive day-care plan for submission to the Governor 
10that identifies high-priority areas and groups, relating them 
11to available resources and identifying the most effective 
12approaches to the use of existing day care services. The State 
13comprehensive day-care plan shall be made available to the 
14General Assembly following the Governor's approval of the 
15plan.
16 The plan shall include methods and procedures for the 
17development of additional day care resources for children to 
18meet the goal of reducing short-run and long-run dependency 
19and to provide necessary enrichment and stimulation to the 
20education of young children. Recommendations shall be made for 
21State policy on optimum use of private and public, local, 
22State and federal resources, including an estimate of the 
23resources needed for the licensing and regulation of day care 
24facilities.
25 A written report shall be submitted to the Governor and 
26the General Assembly annually on April 15. The report shall 
 
 
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1include an evaluation of developments over the preceding 
2fiscal year, including cost-benefit analyses of various 
3arrangements. Beginning with the report in 1990 submitted by 
4the Department's predecessor agency and every 2 years 
5thereafter, the report shall also include the following:
6  (1) An assessment of the child care services, needs 
7 and available resources throughout the State and an 
8 assessment of the adequacy of existing child care 
9 services, including, but not limited to, services assisted 
10 under this Act and under any other program administered by 
11 other State agencies.
12  (2) A survey of day care facilities to determine the 
13 number of qualified caregivers, as defined by rule, 
14 attracted to vacant positions and any problems encountered 
15 by facilities in attracting and retaining capable 
16 caregivers. The report shall include an assessment, based 
17 on the survey, of improvements in employee benefits that 
18 may attract capable caregivers.
19  (3) The average wages and salaries and fringe benefit 
20 packages paid to caregivers throughout the State, computed 
21 on a regional basis, compared to similarly qualified 
22 employees in other but related fields.
23  (4) The qualifications of new caregivers hired at 
24 licensed day care facilities during the previous 2-year 
25 period.
26  (5) Recommendations for increasing caregiver wages and 
 
 
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1 salaries to ensure quality care for children.
2  (6) Evaluation of the fee structure and income 
3 eligibility for child care subsidized by the State.
4 The requirement for reporting to the General Assembly 
5shall be satisfied by filing copies of the report as required 
6by Section 3.1 of the General Assembly Organization Act, and 
7filing such additional copies with the State Government Report 
8Distribution Center for the General Assembly as is required 
9under paragraph (t) of Section 7 of the State Library Act.
10 (b) The Department of Human Services shall establish 
11policies and procedures for developing and implementing 
12interagency agreements with other agencies of the State 
13providing child care services or reimbursement for such 
14services. The plans shall be annually reviewed and modified 
15for the purpose of addressing issues of applicability and 
16service system barriers.
17 (c) In cooperation with other State agencies, the 
18Department of Human Services shall develop and implement, or 
19shall continue, a resource and referral system for the State 
20of Illinois either within the Department or by contract with 
21local or regional agencies. Funding for implementation of this 
22system may be provided through Department appropriations or 
23other inter-agency funding arrangements. The resource and 
24referral system shall provide at least the following services:
25  (1) Assembling and maintaining a data base on the 
26 supply of child care services.
 
 
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1  (2) Providing information and referrals for parents.
2  (3) Coordinating the development of new child care 
3 resources.
4  (4) Providing technical assistance and training to 
5 child care service providers.
6  (5) Recording and analyzing the demand for child care 
7 services.
8 (d) The Department of Human Services shall conduct day 
9care planning activities with the following priorities:
10  (1) Development of voluntary day care resources 
11 wherever possible, with the provision for grants-in-aid 
12 only where demonstrated to be useful and necessary as 
13 incentives or supports. By January 1, 2002, the Department 
14 shall design a plan to create more child care slots as well 
15 as goals and timetables to improve quality and 
16 accessibility of child care.
17  (2) Emphasis on service to children of recipients of 
18 public assistance when such service will allow training or 
19 employment of the parent toward achieving the goal of 
20 independence.
21  (3) (Blank).
22  (4) Care of children from families in stress and 
23 crises whose members potentially may become, or are in 
24 danger of becoming, non-productive and dependent.
25  (5) Expansion of family day care facilities wherever 
26 possible.
 
 
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1  (6) Location of centers in economically depressed 
2 neighborhoods, preferably in multi-service centers with 
3 cooperation of other agencies. The Department shall 
4 coordinate the provision of grants, but only to the extent 
5 funds are specifically appropriated for this purpose, to 
6 encourage the creation and expansion of child care centers 
7 in high need communities to be issued by the State, 
8 business, and local governments.
9  (7) Use of existing facilities free of charge or for 
10 reasonable rental whenever possible in lieu of 
11 construction.
12  (8) Development of strategies for assuring a more 
13 complete range of day care options, including provision of 
14 day care services in homes, in schools, or in centers, 
15 which will enable a parent or parents to complete a course 
16 of education or obtain or maintain employment and the 
17 creation of more child care options for swing shift, 
18 evening, and weekend workers and for working women with 
19 sick children. The Department shall encourage companies to 
20 provide child care in their own offices or in the building 
21 in which the corporation is located so that employees of 
22 all the building's tenants can benefit from the facility.
23  (9) Development of strategies for subsidizing students 
24 pursuing degrees in the child care field.
25  (10) Continuation and expansion of service programs 
26 that assist teen parents to continue and complete their 
 
 
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1 education.
2 Emphasis shall be given to support services that will help 
3to ensure such parents' graduation from high school and to 
4services for participants in any programs of job training 
5conducted by the Department.
6 (e) The Department of Human Services shall actively 
7stimulate the development of public and private resources at 
8the local level. It shall also seek the fullest utilization of 
9federal funds directly or indirectly available to the 
10Department.
11 Where appropriate, existing non-governmental agencies or 
12associations shall be involved in planning by the Department.
13 (f) To better accommodate the child care needs of low 
14income working families, especially those who receive 
15Temporary Assistance for Needy Families (TANF) or who are 
16transitioning from TANF to work, or who are at risk of 
17depending on TANF in the absence of child care, the Department 
18shall complete a study using outcome-based assessment 
19measurements to analyze the various types of child care needs, 
20including but not limited to: child care homes; child care 
21facilities; before and after school care; and evening and 
22weekend care. Based upon the findings of the study, the 
23Department shall develop a plan by April 15, 1998, that 
24identifies the various types of child care needs within 
25various geographic locations. The plan shall include, but not 
26be limited to, the special needs of parents and guardians in 
 
 
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1need of non-traditional child care services such as early 
2mornings, evenings, and weekends; the needs of very low income 
3families and children and how they might be better served; and 
4strategies to assist child care providers to meet the needs 
5and schedules of low income families.
6 (g) This Section is repealed on July 1, 2026. 
7(Source: P.A. 100-1148, eff. 12-10-18.)

8 (20 ILCS 505/5.20)
9 Sec. 5.20. Child care for former public aid recipients; 
10Department of Human Services. The Department of Human Services 
11may provide child care services to former recipients of 
12assistance under the Illinois Public Aid Code as authorized by 
13Section 9-6.3 of that Code. This Section is repealed on July 1, 
142026. 
15(Source: P.A. 89-507, eff. 7-1-97.)

16 (20 ILCS 505/22.1) (from Ch. 23, par. 5022.1)
17 Sec. 22.1. Grants-in-aid for child care services; 
18Department of Human Services.
19 (a) Blank.
20 (b) Blank.
21 (c) The Department of Human Services shall establish and 
22operate day care facilities for the children of migrant 
23workers in areas of the State where they are needed. The 
24Department may provide these day care services by contracting 
 
 
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1with private centers if practicable. "Migrant worker" means 
2any person who moves seasonally from one place to another, 
3within or without the State, for the purpose of employment in 
4agricultural activities. This Section is repealed on July 1, 
52026. 
6(Source: P.A. 97-516, eff. 8-23-11.)

7 (20 ILCS 505/34.9) (from Ch. 23, par. 5034.9)
8 Sec. 34.9. The Department may, in conjunction with 
9colleges or universities in this State, establish programs to 
10train low-income older persons to be child care workers. The 
11Department shall prescribe, by rule:
12 (a) age and income qualifications for persons to be 
13trained under such programs; and
14 (b) standards for such programs to ensure that such 
15programs train participants to be skilled workers for the 
16child care industry.
17 This Section is repealed on July 1, 2026. 
18(Source: P.A. 86-889.)

19 (20 ILCS 505/34.10) (from Ch. 23, par. 5034.10)
20 Sec. 34.10. Home child care demonstration project; 
21conversion and renovation grants; Department of Human 
22Services.
23 (a) The legislature finds that the demand for quality 
24child care far outweighs the number of safe, quality spaces 
 
 
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1for our children. The purpose of this Section is to increase 
2the number of child care providers by: 
3  (1) developing a demonstration project to train 
4 individuals to become home child care providers who are 
5 able to establish and operate their own child care 
6 facility; and 
7  (2) providing grants to convert and renovate existing 
8 facilities.
9 (b) The Department of Human Services may from 
10appropriations from the Child Care Development Block Grant 
11establish a demonstration project to train individuals to 
12become home child care providers who are able to establish and 
13operate their own home-based child care facilities. The 
14Department of Human Services is authorized to use funds for 
15this purpose from the child care and development funds 
16deposited into the DHS Special Purposes Trust Fund as 
17described in Section 12-10 of the Illinois Public Aid Code or 
18deposited into the Employment and Training Fund as described 
19in Section 12-10.3 of the Illinois Public Aid Code. As an 
20economic development program, the project's focus is to foster 
21individual self-sufficiency through an entrepreneurial 
22approach by the creation of new jobs and opening of new small 
23home-based child care businesses. The demonstration project 
24shall involve coordination among State and county governments 
25and the private sector, including but not limited to: the 
26community college system, the Departments of Labor and 
 
 
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1Commerce and Economic Opportunity, the State Board of 
2Education, large and small private businesses, nonprofit 
3programs, unions, and child care providers in the State.
4 The Department shall submit: 
5  (1) a progress report on the demonstration project to 
6 the legislature by one year after January 1, 1992 (the 
7 effective date of Public Act 87-332); and 
8  (2) a final evaluation report on the demonstration 
9 project, including findings and recommendations, to the 
10 legislature by one year after the due date of the progress 
11 report.
12 (c) The Department of Human Services may from 
13appropriations from the Child Care Development Block Grant 
14provide grants to family child care providers and center based 
15programs to convert and renovate existing facilities, to the 
16extent permitted by federal law, so additional family child 
17care homes and child care centers can be located in such 
18facilities. 
19  (1) Applications for grants shall be made to the 
20 Department and shall contain information as the Department 
21 shall require by rule. Every applicant shall provide 
22 assurance to the Department that: 
23   (A) the facility to be renovated or improved shall 
24 be used as family child care home or child care center 
25 for a continuous period of at least 5 years; 
26   (B) any family child care home or child care 
 
 
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1 center program located in a renovated or improved 
2 facility shall be licensed by the Department; 
3   (C) the program shall comply with applicable 
4 federal and State laws prohibiting discrimination 
5 against any person on the basis of race, color, 
6 national origin, religion, creed, or sex; 
7   (D) the grant shall not be used for purposes of 
8 entertainment or perquisites; 
9   (E) the applicant shall comply with any other 
10 requirement the Department may prescribe to ensure 
11 adherence to applicable federal, State, and county 
12 laws; 
13   (F) all renovations and improvements undertaken 
14 with funds received under this Section shall comply 
15 with all applicable State and county statutes and 
16 ordinances including applicable building codes and 
17 structural requirements of the Department; and 
18   (G) the applicant shall indemnify and save 
19 harmless the State and its officers, agents, and 
20 employees from and against any and all claims arising 
21 out of or resulting from the renovation and 
22 improvements made with funds provided by this Section, 
23 and, upon request of the Department, the applicant 
24 shall procure sufficient insurance to provide that 
25 indemnification. 
26  (2) To receive a grant under this Section to convert 
 
 
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1 an existing facility into a family child care home or 
2 child care center facility, the applicant shall: 
3   (A) agree to make available to the Department of 
4 Human Services all records it may have relating to the 
5 operation of any family child care home and child care 
6 center facility, and to allow State agencies to 
7 monitor its compliance with the purpose of this 
8 Section; 
9   (B) agree that, if the facility is to be altered or 
10 improved, or is to be used by other groups, moneys 
11 appropriated by this Section shall be used for 
12 renovating or improving the facility only to the 
13 proportionate extent that the floor space will be used 
14 by the child care program; and 
15   (C) establish, to the satisfaction of the 
16 Department that sufficient funds are available for the 
17 effective use of the facility for the purpose for 
18 which it is being renovated or improved. 
19  (3) In selecting applicants for funding, the 
20 Department shall make every effort to ensure that family 
21 child care home or child care center facilities are 
22 equitably distributed throughout the State according to 
23 demographic need. The Department shall give priority 
24 consideration to rural/Downstate areas of the State that 
25 are currently experiencing a shortage of child care 
26 services. 
 
 
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1  (4) In considering applications for grants to renovate 
2 or improve an existing facility used for the operations of 
3 a family child care home or child care center, the 
4 Department shall give preference to applications to 
5 renovate facilities most in need of repair to address 
6 safety and habitability concerns. No grant shall be 
7 disbursed unless an agreement is entered into between the 
8 applicant and the State, by and through the Department. 
9 The agreement shall include the assurances and conditions 
10 required by this Section and any other terms which the 
11 Department may require.
12 (d) This Section is repealed on July 1, 2026. 
13(Source: P.A. 103-363, eff. 7-28-23.)

14 Section 90-15. The Department of Human Services Act is 
15amended by changing Sections 1-75, 10-16, and 10-22 as 
16follows:

17 (20 ILCS 1305/1-75)
18 Sec. 1-75. Off-Hours Child Care Program. 
19 (a) Legislative intent. The General Assembly finds that: 
20  (1) Finding child care can be a challenge for 
21 firefighters, paramedics, police officers, nurses, and 
22 other third shift workers across the State who often work 
23 non-typical work hours. This can impact home life, school, 
24 bedtime routines, job safety, and the mental health of 
 
 
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1 some of our most critical front line workers and their 
2 families.
3  (2) There is a need for increased options for 
4 off-hours child care in the State. A majority of the 
5 State's child care facilities do not provide care outside 
6 of normal work hours, with just 3,251 day care homes and 
7 435 group day care homes that provide night care.
8  (3) Illinois has a vested interest in ensuring that 
9 our first responders and working families can provide 
10 their children with appropriate care during off hours to 
11 improve the morale of existing first responders and to 
12 improve recruitment into the future.
13 (b) As used in this Section, "first responders" means 
14emergency medical services personnel as defined in the 
15Emergency Medical Services (EMS) Systems Act, firefighters, 
16law enforcement officers, and, as determined by the 
17Department, any other workers who, on account of their work 
18schedule, need child care outside of the hours when licensed 
19child care facilities typically operate. 
20 (c) Subject to appropriation, the Department of Human 
21Services shall establish and administer an Off-Hours Child 
22Care Program to help first responders and other workers 
23identify and access off-hours, night, or sleep time child 
24care. Services funded under the program must address the child 
25care needs of first responders. Funding provided under the 
26program may also be used to cover any capital and operating 
 
 
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1expenses related to the provision of off-hours, night, or 
2sleep time child care for first responders. Funding awarded 
3under this Section shall be funded through appropriations from 
4the Off-Hours Child Care Program Fund created under subsection 
5(d). The Department shall implement the program by July 1, 
62023. The Department may adopt any rules necessary to 
7implement the program. 
8 (d) The Off-Hours Child Care Program Fund is created as a 
9special fund in the State treasury. The Fund shall consist of 
10any moneys appropriated to the Department of Human Services 
11for the Off-Hours Child Care Program. Moneys in the Fund shall 
12be expended for the Off-Hours Child Care Program and for no 
13other purpose. All interest earned on moneys in the Fund shall 
14be deposited into the Fund. 
15 (e) This Section is repealed on July 1, 2026. 
16(Source: P.A. 102-912, eff. 5-27-22; 103-154, eff. 6-30-23.)

17 (20 ILCS 1305/10-16)
18 Sec. 10-16. Home visiting program. 
19 (a) The General Assembly finds that research-informed home 
20visiting programs work to strengthen families' functioning and 
21support parents in caring for their children to ensure optimal 
22child development.
23 (b) The Department shall establish a home visiting program 
24to support communities in providing intensive home visiting 
25programs to pregnant persons and families with children from 
 
 
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1birth up to elementary school enrollment. Services shall be 
2offered on a voluntary basis to families. In awarding grants 
3under the program, the Department shall prioritize populations 
4or communities in need of such services, as determined by the 
5Department, based on data including, but not limited to, 
6statewide home visiting needs assessments. Eligibility under 
7the program shall also take into consideration requirements of 
8the federal Maternal, Infant, and Early Childhood Home 
9Visiting Program and Head Start and Early Head Start to ensure 
10appropriate alignment. The overall goals for these services 
11are to:
12  (1) improve maternal and newborn health;
13  (2) prevent child abuse and neglect;
14  (3) promote children's development and readiness to 
15 participate in school; and
16  (4) connect families to needed community resources and 
17 supports.
18 (b) Allowable uses of funding include:
19  (1) Grants to community-based organizations to 
20 implement home visiting and family support services with 
21 fidelity to research-informed home visiting program 
22 models, as defined by the Department. Services may 
23 include, but are not limited to:
24   (A) personal visits with a child and the child's 
25 parent or caregiver at a periodicity aligned with the 
26 model being implemented;
 
 
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1   (B) opportunities for connections with other 
2 parents and caregivers in their community and other 
3 social and community supports;
4   (C) enhancements to research-informed home 
5 visiting program models based on community needs 
6 including doula services, and other program 
7 innovations as approved by the Department; and
8   (D) referrals to other resources needed by 
9 families.
10  (2) Infrastructure supports for grantees, including, 
11 but not limited to, professional development for the 
12 workforce, technical assistance and capacity-building, 
13 data system and supports, infant and early childhood 
14 mental health consultation, trauma-informed practices, 
15 research, universal newborn screening, and coordinated 
16 intake.
17 (c) Subject to appropriation, the Department shall award 
18grants to community-based agencies in accordance with this 
19Section and any other rules that may be adopted by the 
20Department. Successful grantees under this program shall 
21comply with policies and procedures on program, data, and 
22expense reporting as developed by the Department.
23 (d) Funds received under this Section shall supplement, 
24not supplant, other existing or new federal, State, or local 
25sources of funding for these services. Any new federal funding 
26received shall supplement and not supplant funding for this 
 
 
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1program.
2 (e) The Department shall collaborate with relevant 
3agencies to support the coordination and alignment of home 
4visiting services provided through other State and federal 
5funds, to the extent possible. The Department shall 
6collaborate with the State Board of Education, the Department 
7of Healthcare and Family Services, and Head Start and Early 
8Head Start in the implementation of these services to support 
9alignment with home visiting services provided through the 
10Early Childhood Block Grant and the State's Medical Assistance 
11Program, respectively, to the extent possible.
12 (f) An advisory committee shall advise the Department 
13concerning the implementation of the home visiting program. 
14The advisory committee shall make recommendations on policy 
15and implementation. The Department shall determine whether the 
16advisory committee shall be a newly created body or an 
17existing body such as a committee of the Illinois Early 
18Learning Council. The advisory committee shall consist of one 
19or more representatives of the Department, other members 
20representing public and private entities that serve and 
21interact with the families served under the home visiting 
22program, with the input of families engaged in home visiting 
23or related services themselves. Family input may be secured by 
24engaging families as members of this advisory committee or as 
25a separate committee of family representatives.
26 (g) The Department may adopt any rules necessary to 
 
 
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1implement this Section.
2 (i) This Section is repealed on July 1, 2026. 
3(Source: P.A. 103-498, eff. 1-1-24.)

4 (20 ILCS 1305/10-22)
5 Sec. 10-22. Great START program. 
6 (a) The Department of Human Services shall, subject to a 
7specific appropriation for this purpose, operate a Great START 
8(Strategy To Attract and Retain Teachers) program. The goal of 
9the program is to improve children's developmental and 
10educational outcomes in child care by encouraging increased 
11professional preparation by staff and staff retention. The 
12Great START program shall coordinate with the TEACH 
13professional development program.
14 The program shall provide wage supplements and may include 
15other incentives to licensed child care center personnel, 
16including early childhood teachers, school-age workers, early 
17childhood assistants, school-age assistants, and directors, as 
18such positions are defined by administrative rule of the 
19Department of Children and Family Services. The program shall 
20provide wage supplements and may include other incentives to 
21licensed family day care home personnel and licensed group day 
22care home personnel, including caregivers and assistants as 
23such positions are defined by administrative rule of the 
24Department of Children and Family Services. Individuals will 
25receive supplements commensurate with their qualifications.
 
 
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1 (b) (Blank).
2 (c) The Department shall, by rule, define the scope and 
3operation of the program, including a wage supplement scale. 
4The scale shall pay increasing amounts for higher levels of 
5educational attainment beyond minimum qualifications and shall 
6recognize longevity of employment. Subject to the availability 
7of sufficient appropriation, the wage supplements shall be 
8paid to child care personnel in the form of bonuses at 6 month 
9intervals. Six months of continuous service with a single 
10employer is required to be eligible to receive a wage 
11supplement bonus. Wage supplements shall be paid directly to 
12individual day care personnel, not to their employers. 
13Eligible individuals must provide to the Department or its 
14agent all information and documentation, including but not 
15limited to college transcripts, to demonstrate their 
16qualifications for a particular wage supplement level.
17 If appropriations permit, the Department may include 
18one-time signing bonuses or other incentives to help providers 
19attract staff, provided that the signing bonuses are less than 
20the supplement staff would have received if they had remained 
21employed with another day care center or family day care home.
22 If appropriations permit, the Department may include 
23one-time longevity bonuses or other incentives to recognize 
24staff who have remained with a single employer.
25 (d) (Blank).
26 (e) This Section is repealed on July 1, 2026. 
 
 
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1(Source: P.A. 93-711, eff. 7-12-04.)

2 Section 90-20. The Illinois Early Learning Council Act is 
3amended by changing Section 10 as follows:

4 (20 ILCS 3933/10)
5 Sec. 10. Membership. The Illinois Early Learning Council 
6shall include representation from both public and private 
7organizations, and its membership shall reflect regional, 
8racial, and cultural diversity to ensure representation of the 
9needs of all Illinois children. One member shall be appointed 
10by the President of the Senate, one member appointed by the 
11Minority Leader of the Senate, one member appointed by the 
12Speaker of the House of Representatives, one member appointed 
13by the Minority Leader of the House of Representatives, and 
14other members appointed by the Governor. The Governor's 
15appointments shall include without limitation the following: 
16  (1) A leader of stature from the Governor's office, to 
17 serve as co-chairperson of the Council. 
18  (2) The chief administrators of the following State 
19 agencies: Department of Early Childhood, State Board of 
20 Education; Department of Human Services; Department of 
21 Children and Family Services; Department of Public Health; 
22 Department of Healthcare and Family Services; Board of 
23 Higher Education; and Illinois Community College Board. 
24  (3) Local government stakeholders and nongovernment 
 
 
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1 stakeholders with an interest in early childhood care and 
2 education, including representation from the following 
3 private-sector fields and constituencies: early childhood 
4 education and development; child care; child advocacy; 
5 parenting support; local community collaborations among 
6 early care and education programs and services; maternal 
7 and child health; children with special needs; business; 
8 labor; and law enforcement. The Governor shall designate 
9 one of the members who is a nongovernment stakeholder to 
10 serve as co-chairperson.
11In addition, the Governor shall request that the Region V 
12office of the U.S. Department of Health and Human Services' 
13Administration for Children and Families appoint a member to 
14the Council to represent federal children's programs and 
15services.
16 Members appointed by General Assembly members and members 
17appointed by the Governor who are local government or 
18nongovernment stakeholders shall serve 3-year terms, except 
19that of the initial appointments, half of these members, as 
20determined by lot, shall be appointed to 2-year terms so that 
21terms are staggered. Members shall serve on a voluntary, 
22unpaid basis.
23(Source: P.A. 95-331, eff. 8-21-07.)

24 Section 90-25. The Illinois Procurement Code is amended by 
25changing Section 1-10 as follows:

 
 
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1 (30 ILCS 500/1-10)
2 Sec. 1-10. Application. 
3 (a) This Code applies only to procurements for which 
4bidders, offerors, potential contractors, or contractors were 
5first solicited on or after July 1, 1998. This Code shall not 
6be construed to affect or impair any contract, or any 
7provision of a contract, entered into based on a solicitation 
8prior to the implementation date of this Code as described in 
9Article 99, including, but not limited to, any covenant 
10entered into with respect to any revenue bonds or similar 
11instruments. All procurements for which contracts are 
12solicited between the effective date of Articles 50 and 99 and 
13July 1, 1998 shall be substantially in accordance with this 
14Code and its intent.
15 (b) This Code shall apply regardless of the source of the 
16funds with which the contracts are paid, including federal 
17assistance moneys. This Code shall not apply to:
18  (1) Contracts between the State and its political 
19 subdivisions or other governments, or between State 
20 governmental bodies, except as specifically provided in 
21 this Code.
22  (2) Grants, except for the filing requirements of 
23 Section 20-80.
24  (3) Purchase of care, except as provided in Section 
25 5-30.6 of the Illinois Public Aid Code and this Section.
 
 
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1  (4) Hiring of an individual as an employee and not as 
2 an independent contractor, whether pursuant to an 
3 employment code or policy or by contract directly with 
4 that individual.
5  (5) Collective bargaining contracts.
6  (6) Purchase of real estate, except that notice of 
7 this type of contract with a value of more than $25,000 
8 must be published in the Procurement Bulletin within 10 
9 calendar days after the deed is recorded in the county of 
10 jurisdiction. The notice shall identify the real estate 
11 purchased, the names of all parties to the contract, the 
12 value of the contract, and the effective date of the 
13 contract.
14  (7) Contracts necessary to prepare for anticipated 
15 litigation, enforcement actions, or investigations, 
16 provided that the chief legal counsel to the Governor 
17 shall give his or her prior approval when the procuring 
18 agency is one subject to the jurisdiction of the Governor, 
19 and provided that the chief legal counsel of any other 
20 procuring entity subject to this Code shall give his or 
21 her prior approval when the procuring entity is not one 
22 subject to the jurisdiction of the Governor.
23  (8) (Blank).
24  (9) Procurement expenditures by the Illinois 
25 Conservation Foundation when only private funds are used.
26  (10) (Blank). 
 
 
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1  (11) Public-private agreements entered into according 
2 to the procurement requirements of Section 20 of the 
3 Public-Private Partnerships for Transportation Act and 
4 design-build agreements entered into according to the 
5 procurement requirements of Section 25 of the 
6 Public-Private Partnerships for Transportation Act.
7  (12) (A) Contracts for legal, financial, and other 
8 professional and artistic services entered into by the 
9 Illinois Finance Authority in which the State of Illinois 
10 is not obligated. Such contracts shall be awarded through 
11 a competitive process authorized by the members of the 
12 Illinois Finance Authority and are subject to Sections 
13 5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code, 
14 as well as the final approval by the members of the 
15 Illinois Finance Authority of the terms of the contract.
16  (B) Contracts for legal and financial services entered 
17 into by the Illinois Housing Development Authority in 
18 connection with the issuance of bonds in which the State 
19 of Illinois is not obligated. Such contracts shall be 
20 awarded through a competitive process authorized by the 
21 members of the Illinois Housing Development Authority and 
22 are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35, 
23 and 50-37 of this Code, as well as the final approval by 
24 the members of the Illinois Housing Development Authority 
25 of the terms of the contract. 
26  (13) Contracts for services, commodities, and 
 
 
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1 equipment to support the delivery of timely forensic 
2 science services in consultation with and subject to the 
3 approval of the Chief Procurement Officer as provided in 
4 subsection (d) of Section 5-4-3a of the Unified Code of 
5 Corrections, except for the requirements of Sections 
6 20-60, 20-65, 20-70, and 20-160 and Article 50 of this 
7 Code; however, the Chief Procurement Officer may, in 
8 writing with justification, waive any certification 
9 required under Article 50 of this Code. For any contracts 
10 for services which are currently provided by members of a 
11 collective bargaining agreement, the applicable terms of 
12 the collective bargaining agreement concerning 
13 subcontracting shall be followed.
14  On and after January 1, 2019, this paragraph (13), 
15 except for this sentence, is inoperative. 
16  (14) Contracts for participation expenditures required 
17 by a domestic or international trade show or exhibition of 
18 an exhibitor, member, or sponsor.
19  (15) Contracts with a railroad or utility that 
20 requires the State to reimburse the railroad or utilities 
21 for the relocation of utilities for construction or other 
22 public purpose. Contracts included within this paragraph 
23 (15) shall include, but not be limited to, those 
24 associated with: relocations, crossings, installations, 
25 and maintenance. For the purposes of this paragraph (15), 
26 "railroad" means any form of non-highway ground 
 
 
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1 transportation that runs on rails or electromagnetic 
2 guideways and "utility" means: (1) public utilities as 
3 defined in Section 3-105 of the Public Utilities Act, (2) 
4 telecommunications carriers as defined in Section 13-202 
5 of the Public Utilities Act, (3) electric cooperatives as 
6 defined in Section 3.4 of the Electric Supplier Act, (4) 
7 telephone or telecommunications cooperatives as defined in 
8 Section 13-212 of the Public Utilities Act, (5) rural 
9 water or waste water systems with 10,000 connections or 
10 less, (6) a holder as defined in Section 21-201 of the 
11 Public Utilities Act, and (7) municipalities owning or 
12 operating utility systems consisting of public utilities 
13 as that term is defined in Section 11-117-2 of the 
14 Illinois Municipal Code. 
15  (16) Procurement expenditures necessary for the 
16 Department of Public Health to provide the delivery of 
17 timely newborn screening services in accordance with the 
18 Newborn Metabolic Screening Act. 
19  (17) Procurement expenditures necessary for the 
20 Department of Agriculture, the Department of Financial and 
21 Professional Regulation, the Department of Human Services, 
22 and the Department of Public Health to implement the 
23 Compassionate Use of Medical Cannabis Program and Opioid 
24 Alternative Pilot Program requirements and ensure access 
25 to medical cannabis for patients with debilitating medical 
26 conditions in accordance with the Compassionate Use of 
 
 
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1 Medical Cannabis Program Act.
2  (18) This Code does not apply to any procurements 
3 necessary for the Department of Agriculture, the 
4 Department of Financial and Professional Regulation, the 
5 Department of Human Services, the Department of Commerce 
6 and Economic Opportunity, and the Department of Public 
7 Health to implement the Cannabis Regulation and Tax Act if 
8 the applicable agency has made a good faith determination 
9 that it is necessary and appropriate for the expenditure 
10 to fall within this exemption and if the process is 
11 conducted in a manner substantially in accordance with the 
12 requirements of Sections 20-160, 25-60, 30-22, 50-5, 
13 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35, 
14 50-36, 50-37, 50-38, and 50-50 of this Code; however, for 
15 Section 50-35, compliance applies only to contracts or 
16 subcontracts over $100,000. Notice of each contract 
17 entered into under this paragraph (18) that is related to 
18 the procurement of goods and services identified in 
19 paragraph (1) through (9) of this subsection shall be 
20 published in the Procurement Bulletin within 14 calendar 
21 days after contract execution. The Chief Procurement 
22 Officer shall prescribe the form and content of the 
23 notice. Each agency shall provide the Chief Procurement 
24 Officer, on a monthly basis, in the form and content 
25 prescribed by the Chief Procurement Officer, a report of 
26 contracts that are related to the procurement of goods and 
 
 
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1 services identified in this subsection. At a minimum, this 
2 report shall include the name of the contractor, a 
3 description of the supply or service provided, the total 
4 amount of the contract, the term of the contract, and the 
5 exception to this Code utilized. A copy of any or all of 
6 these contracts shall be made available to the Chief 
7 Procurement Officer immediately upon request. The Chief 
8 Procurement Officer shall submit a report to the Governor 
9 and General Assembly no later than November 1 of each year 
10 that includes, at a minimum, an annual summary of the 
11 monthly information reported to the Chief Procurement 
12 Officer. This exemption becomes inoperative 5 years after 
13 June 25, 2019 (the effective date of Public Act 101-27).
14  (19) Acquisition of modifications or adjustments, 
15 limited to assistive technology devices and assistive 
16 technology services, adaptive equipment, repairs, and 
17 replacement parts to provide reasonable accommodations (i) 
18 that enable a qualified applicant with a disability to 
19 complete the job application process and be considered for 
20 the position such qualified applicant desires, (ii) that 
21 modify or adjust the work environment to enable a 
22 qualified current employee with a disability to perform 
23 the essential functions of the position held by that 
24 employee, (iii) to enable a qualified current employee 
25 with a disability to enjoy equal benefits and privileges 
26 of employment as are enjoyed by other similarly situated 
 
 
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1 employees without disabilities, and (iv) that allow a 
2 customer, client, claimant, or member of the public 
3 seeking State services full use and enjoyment of and 
4 access to its programs, services, or benefits. 
5  For purposes of this paragraph (19):
6  "Assistive technology devices" means any item, piece 
7 of equipment, or product system, whether acquired 
8 commercially off the shelf, modified, or customized, that 
9 is used to increase, maintain, or improve functional 
10 capabilities of individuals with disabilities.
11  "Assistive technology services" means any service that 
12 directly assists an individual with a disability in 
13 selection, acquisition, or use of an assistive technology 
14 device.
15  "Qualified" has the same meaning and use as provided 
16 under the federal Americans with Disabilities Act when 
17 describing an individual with a disability. 
18  (20) Procurement expenditures necessary for the 
19 Illinois Commerce Commission to hire third-party 
20 facilitators pursuant to Sections 16-105.17 and 16-108.18 
21 of the Public Utilities Act or an ombudsman pursuant to 
22 Section 16-107.5 of the Public Utilities Act, a 
23 facilitator pursuant to Section 16-105.17 of the Public 
24 Utilities Act, or a grid auditor pursuant to Section 
25 16-105.10 of the Public Utilities Act. 
26  (21) Procurement expenditures for the purchase, 
 
 
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1 renewal, and expansion of software, software licenses, or 
2 software maintenance agreements that support the efforts 
3 of the Illinois State Police to enforce, regulate, and 
4 administer the Firearm Owners Identification Card Act, the 
5 Firearm Concealed Carry Act, the Firearms Restraining 
6 Order Act, the Firearm Dealer License Certification Act, 
7 the Law Enforcement Agencies Data System (LEADS), the 
8 Uniform Crime Reporting Act, the Criminal Identification 
9 Act, the Illinois Uniform Conviction Information Act, and 
10 the Gun Trafficking Information Act, or establish or 
11 maintain record management systems necessary to conduct 
12 human trafficking investigations or gun trafficking or 
13 other stolen firearm investigations. This paragraph (21) 
14 applies to contracts entered into on or after January 10, 
15 2023 (the effective date of Public Act 102-1116) and the 
16 renewal of contracts that are in effect on January 10, 
17 2023 (the effective date of Public Act 102-1116). 
18  (22) Contracts for project management services and 
19 system integration services required for the completion of 
20 the State's enterprise resource planning project. This 
21 exemption becomes inoperative 5 years after June 7, 2023 
22 (the effective date of the changes made to this Section by 
23 Public Act 103-8). This paragraph (22) applies to 
24 contracts entered into on or after June 7, 2023 (the 
25 effective date of the changes made to this Section by 
26 Public Act 103-8) and the renewal of contracts that are in 
 
 
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1 effect on June 7, 2023 (the effective date of the changes 
2 made to this Section by Public Act 103-8). 
3  (23) Procurements necessary for the Department of 
4 Insurance to implement the Illinois Health Benefits 
5 Exchange Law if the Department of Insurance has made a 
6 good faith determination that it is necessary and 
7 appropriate for the expenditure to fall within this 
8 exemption. The procurement process shall be conducted in a 
9 manner substantially in accordance with the requirements 
10 of Sections 20-160 and 25-60 and Article 50 of this Code. A 
11 copy of these contracts shall be made available to the 
12 Chief Procurement Officer immediately upon request. This 
13 paragraph is inoperative 5 years after June 27, 2023 (the 
14 effective date of Public Act 103-103). 
15  (24) (22) Contracts for public education programming, 
16 noncommercial sustaining announcements, public service 
17 announcements, and public awareness and education 
18 messaging with the nonprofit trade associations of the 
19 providers of those services that inform the public on 
20 immediate and ongoing health and safety risks and hazards. 
21  (25) Contracts necessary for the creation of the 
22 Department of Early Childhood and the implementation of 
23 the Department's core mission are not subject to this 
24 Code, provided that the process shall be conducted in a 
25 manner substantially in accordance with the requirements 
26 of the following sections of this Code: 20-160, 50-5, 
 
 
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1 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35, 
2 50-36, 50-37, 50-38, and 50-50. This Section becomes 
3 inoperative on July 1, 2027. 
4 Notwithstanding any other provision of law, for contracts 
5with an annual value of more than $100,000 entered into on or 
6after October 1, 2017 under an exemption provided in any 
7paragraph of this subsection (b), except paragraph (1), (2), 
8or (5), each State agency shall post to the appropriate 
9procurement bulletin the name of the contractor, a description 
10of the supply or service provided, the total amount of the 
11contract, the term of the contract, and the exception to the 
12Code utilized. The chief procurement officer shall submit a 
13report to the Governor and General Assembly no later than 
14November 1 of each year that shall include, at a minimum, an 
15annual summary of the monthly information reported to the 
16chief procurement officer. 
17 (c) This Code does not apply to the electric power 
18procurement process provided for under Section 1-75 of the 
19Illinois Power Agency Act and Section 16-111.5 of the Public 
20Utilities Act. This Code does not apply to the procurement of 
21technical and policy experts pursuant to Section 1-129 of the 
22Illinois Power Agency Act. 
23 (d) Except for Section 20-160 and Article 50 of this Code, 
24and as expressly required by Section 9.1 of the Illinois 
25Lottery Law, the provisions of this Code do not apply to the 
26procurement process provided for under Section 9.1 of the 
 
 
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1Illinois Lottery Law. 
2 (e) This Code does not apply to the process used by the 
3Capital Development Board to retain a person or entity to 
4assist the Capital Development Board with its duties related 
5to the determination of costs of a clean coal SNG brownfield 
6facility, as defined by Section 1-10 of the Illinois Power 
7Agency Act, as required in subsection (h-3) of Section 9-220 
8of the Public Utilities Act, including calculating the range 
9of capital costs, the range of operating and maintenance 
10costs, or the sequestration costs or monitoring the 
11construction of clean coal SNG brownfield facility for the 
12full duration of construction.
13 (f) (Blank). 
14 (g) (Blank).
15 (h) This Code does not apply to the process to procure or 
16contracts entered into in accordance with Sections 11-5.2 and 
1711-5.3 of the Illinois Public Aid Code. 
18 (i) Each chief procurement officer may access records 
19necessary to review whether a contract, purchase, or other 
20expenditure is or is not subject to the provisions of this 
21Code, unless such records would be subject to attorney-client 
22privilege. 
23 (j) This Code does not apply to the process used by the 
24Capital Development Board to retain an artist or work or works 
25of art as required in Section 14 of the Capital Development 
26Board Act. 
 
 
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1 (k) This Code does not apply to the process to procure 
2contracts, or contracts entered into, by the State Board of 
3Elections or the State Electoral Board for hearing officers 
4appointed pursuant to the Election Code. 
5 (l) This Code does not apply to the processes used by the 
6Illinois Student Assistance Commission to procure supplies and 
7services paid for from the private funds of the Illinois 
8Prepaid Tuition Fund. As used in this subsection (l), "private 
9funds" means funds derived from deposits paid into the 
10Illinois Prepaid Tuition Trust Fund and the earnings thereon. 
11 (m) This Code shall apply regardless of the source of 
12funds with which contracts are paid, including federal 
13assistance moneys. Except as specifically provided in this 
14Code, this Code shall not apply to procurement expenditures 
15necessary for the Department of Public Health to conduct the 
16Healthy Illinois Survey in accordance with Section 2310-431 of 
17the Department of Public Health Powers and Duties Law of the 
18Civil Administrative Code of Illinois. 
19(Source: P.A. 102-175, eff. 7-29-21; 102-483, eff 1-1-22; 
20102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, eff. 
219-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22; 
22102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-103, eff. 
236-27-23; 103-570, eff. 1-1-24; 103-580, eff. 12-8-23; revised 
241-2-24.)

25 Section 90-30. The School Code is amended by changing 
 
 
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1Sections 1A-4, 1C-2, 1C-4, 1D-1, 2-3.47, 2-3.64a-10, 2-3.71, 
22-3.71a, 2-3.79, 2-3.89, 10-22.6, 21B-50, 22-45, and 26-19 as 
3follows:

4 (105 ILCS 5/1A-4) (from Ch. 122, par. 1A-4)
5 Sec. 1A-4. Powers and duties of the Board. 
6 A. (Blank).
7 B. The Board shall determine the qualifications of and 
8appoint a chief education officer, to be known as the State 
9Superintendent of Education, who may be proposed by the 
10Governor and who shall serve at the pleasure of the Board and 
11pursuant to a performance-based contract linked to statewide 
12student performance and academic improvement within Illinois 
13schools. Upon expiration or buyout of the contract of the 
14State Superintendent of Education in office on the effective 
15date of this amendatory Act of the 93rd General Assembly, a 
16State Superintendent of Education shall be appointed by a 
17State Board of Education that includes the 7 new Board members 
18who were appointed to fill seats of members whose terms were 
19terminated on the effective date of this amendatory Act of the 
2093rd General Assembly. Thereafter, a State Superintendent of 
21Education must, at a minimum, be appointed at the beginning of 
22each term of a Governor after that Governor has made 
23appointments to the Board. A performance-based contract issued 
24for the employment of a State Superintendent of Education 
25entered into on or after the effective date of this amendatory 
 
 
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1Act of the 93rd General Assembly must expire no later than 
2February 1, 2007, and subsequent contracts must expire no 
3later than February 1 each 4 years thereafter. No contract 
4shall be extended or renewed beyond February 1, 2007 and 
5February 1 each 4 years thereafter, but a State Superintendent 
6of Education shall serve until his or her successor is 
7appointed. Each contract entered into on or before January 8, 
82007 with a State Superintendent of Education must provide 
9that the State Board of Education may terminate the contract 
10for cause, and the State Board of Education shall not 
11thereafter be liable for further payments under the contract. 
12With regard to this amendatory Act of the 93rd General 
13Assembly, it is the intent of the General Assembly that, 
14beginning with the Governor who takes office on the second 
15Monday of January, 2007, a State Superintendent of Education 
16be appointed at the beginning of each term of a Governor after 
17that Governor has made appointments to the Board. The State 
18Superintendent of Education shall not serve as a member of the 
19State Board of Education. The Board shall set the compensation 
20of the State Superintendent of Education who shall serve as 
21the Board's chief executive officer. The Board shall also 
22establish the duties, powers and responsibilities of the State 
23Superintendent, which shall be included in the State 
24Superintendent's performance-based contract along with the 
25goals and indicators of student performance and academic 
26improvement used to measure the performance and effectiveness 
 
 
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1of the State Superintendent. The State Board of Education may 
2delegate to the State Superintendent of Education the 
3authority to act on the Board's behalf, provided such 
4delegation is made pursuant to adopted board policy or the 
5powers delegated are ministerial in nature. The State Board 
6may not delegate authority under this Section to the State 
7Superintendent to (1) nonrecognize school districts, (2) 
8withhold State payments as a penalty, or (3) make final 
9decisions under the contested case provisions of the Illinois 
10Administrative Procedure Act unless otherwise provided by law.
11 C. The powers and duties of the State Board of Education 
12shall encompass all duties delegated to the Office of 
13Superintendent of Public Instruction on January 12, 1975, 
14except as the law providing for such powers and duties is 
15thereafter amended, and such other powers and duties as the 
16General Assembly shall designate. The Board shall be 
17responsible for the educational policies and guidelines for 
18public schools, pre-school through grade 12 and Vocational 
19Education in the State of Illinois. Beginning July 1, 2024, 
20educational policies and guidelines pertaining to pre-school 
21shall be done in consultation with the Department of Early 
22Childhood. The Board shall analyze the present and future 
23aims, needs, and requirements of education in the State of 
24Illinois and recommend to the General Assembly the powers 
25which should be exercised by the Board. The Board shall 
26recommend the passage and the legislation necessary to 
 
 
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1determine the appropriate relationship between the Board and 
2local boards of education and the various State agencies and 
3shall recommend desirable modifications in the laws which 
4affect schools.  
5 D. Two members of the Board shall be appointed by the 
6chairperson to serve on a standing joint Education Committee, 
72 others shall be appointed from the Board of Higher 
8Education, 2 others shall be appointed by the chairperson of 
9the Illinois Community College Board, and 2 others shall be 
10appointed by the chairperson of the Human Resource Investment 
11Council. The Committee shall be responsible for making 
12recommendations concerning the submission of any workforce 
13development plan or workforce training program required by 
14federal law or under any block grant authority. The Committee 
15will be responsible for developing policy on matters of mutual 
16concern to elementary, secondary and higher education such as 
17Occupational and Career Education, Teacher Preparation and 
18Licensure, Educational Finance, Articulation between 
19Elementary, Secondary and Higher Education and Research and 
20Planning. The joint Education Committee shall meet at least 
21quarterly and submit an annual report of its findings, 
22conclusions, and recommendations to the State Board of 
23Education, the Board of Higher Education, the Illinois 
24Community College Board, the Human Resource Investment 
25Council, the Governor, and the General Assembly. All meetings 
26of this Committee shall be official meetings for reimbursement 
 
 
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1under this Act. On the effective date of this amendatory Act of 
2the 95th General Assembly, the Joint Education Committee is 
3abolished. 
4 E. Five members of the Board shall constitute a quorum. A 
5majority vote of the members appointed, confirmed and serving 
6on the Board is required to approve any action, except that the 
77 new Board members who were appointed to fill seats of members 
8whose terms were terminated on the effective date of this 
9amendatory act of the 93rd General Assembly may vote to 
10approve actions when appointed and serving.
11 F. Upon appointment of the 7 new Board members who were 
12appointed to fill seats of members whose terms were terminated 
13on the effective date of this amendatory Act of the 93rd 
14General Assembly, the Board shall review all of its current 
15rules in an effort to streamline procedures, improve 
16efficiency, and eliminate unnecessary forms and paperwork. 
17(Source: P.A. 102-894, eff. 5-20-22.)

18 (105 ILCS 5/1C-2)
19 Sec. 1C-2. Block grants. 
20 (a) For fiscal year 1999, and each fiscal year thereafter 
21through fiscal year 2026, the State Board of Education shall 
22award to school districts block grants as described in 
23subsection (c). The State Board of Education may adopt rules 
24and regulations necessary to implement this Section. In 
25accordance with Section 2-3.32, all state block grants are 
 
 
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1subject to an audit. Therefore, block grant receipts and block 
2grant expenditures shall be recorded to the appropriate fund 
3code.
4 (b) (Blank).
5 (c) An Early Childhood Education Block Grant shall be 
6created by combining the following programs: Preschool 
7Education, Parental Training and Prevention Initiative. These 
8funds shall be distributed to school districts and other 
9entities on a competitive basis, except that the State Board 
10of Education shall award to a school district having a 
11population exceeding 500,000 inhabitants 37% of the funds in 
12each fiscal year. Not less than 14% of the Early Childhood 
13Education Block Grant allocation of funds shall be used to 
14fund programs for children ages 0-3. Beginning in Fiscal Year 
152016, at least 25% of any additional Early Childhood Education 
16Block Grant funding over and above the previous fiscal year's 
17allocation shall be used to fund programs for children ages 
180-3. Once the percentage of Early Childhood Education Block 
19Grant funding allocated to programs for children ages 0-3 
20reaches 20% of the overall Early Childhood Education Block 
21Grant allocation for a full fiscal year, thereafter in 
22subsequent fiscal years the percentage of Early Childhood 
23Education Block Grant funding allocated to programs for 
24children ages 0-3 each fiscal year shall remain at least 20% of 
25the overall Early Childhood Education Block Grant allocation. 
26However, if, in a given fiscal year, the amount appropriated 
 
 
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1for the Early Childhood Education Block Grant is insufficient 
2to increase the percentage of the grant to fund programs for 
3children ages 0-3 without reducing the amount of the grant for 
4existing providers of preschool education programs, then the 
5percentage of the grant to fund programs for children ages 0-3 
6may be held steady instead of increased.This subsection (c) is 
7inoperative on and after July 1, 2026. 
8(Source: P.A. 99-589, eff. 7-21-16; 100-465, eff. 8-31-17.)

9 (105 ILCS 5/1C-4)
10 Sec. 1C-4. Reports. A school district that receives an 
11Early Childhood Education Block Grant shall report to the 
12State Board of Education on its use of the block grant in such 
13form and detail as the State Board of Education 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 State Board of Education shall 
19ensure that the reporting requirements for a district 
20organized under Article 34 of this Code are the same as for all 
21other school districts in this State. 
22 This Section is repealed on July 1, 2026. 
23(Source: P.A. 99-30, eff. 7-10-15.)

24 (105 ILCS 5/1D-1)
 
 
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1 (Text of Section from P.A. 100-55)
2 Sec. 1D-1. Block grant funding. 
3 (a) For fiscal year 1996 and each fiscal year thereafter, 
4the State Board of Education shall award to a school district 
5having a population exceeding 500,000 inhabitants a general 
6education block grant and an educational services block grant, 
7determined as provided in this Section, in lieu of 
8distributing to the district separate State funding for the 
9programs described in subsections (b) and (c). The provisions 
10of this Section, however, do not apply to any federal funds 
11that the district is entitled to receive. In accordance with 
12Section 2-3.32, all block grants are subject to an audit. 
13Therefore, block grant receipts and block grant expenditures 
14shall be recorded to the appropriate fund code for the 
15designated block grant.
16 (b) The general education block grant shall include the 
17following programs: REI Initiative, Summer Bridges, Preschool 
18Education, K-6 Comprehensive Arts, School Improvement Support, 
19Urban Education, Scientific Literacy, Substance Abuse 
20Prevention, Second Language Planning, Staff Development, 
21Outcomes and Assessment, K-6 Reading Improvement, 7-12 
22Continued Reading Improvement, Truants' Optional Education, 
23Hispanic Programs, Agriculture Education, Parental Training, 
24Prevention Initiative, Report Cards, and Criminal Background 
25Investigations. The general education block grant shall also 
26include Preschool Education, Parental Training, and Prevention 
 
 
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1Initiative through June 30, 2026. Notwithstanding any other 
2provision of law, all amounts paid under the general education 
3block grant from State appropriations to a school district in 
4a city having a population exceeding 500,000 inhabitants shall 
5be appropriated and expended by the board of that district for 
6any of the programs included in the block grant or any of the 
7board's lawful purposes. Beginning in Fiscal Year 2018, at 
8least 25% of any additional Preschool Education, Parental 
9Training, and Prevention Initiative program funding over and 
10above the previous fiscal year's allocation shall be used to 
11fund programs for children ages 0-3. Beginning in Fiscal Year 
122018, funding for Preschool Education, Parental Training, and 
13Prevention Initiative programs above the allocation for these 
14programs in Fiscal Year 2017 must be used solely as a 
15supplement for these programs and may not supplant funds 
16received from other sources. 
17 (b-5) Beginning in Fiscal Year 2027, the Department of 
18Early Childhood shall award a block grant for Preschool 
19Education, Parental Training, and Prevention Initiative to a 
20school district having a population exceeding 500,000 
21inhabitants. The grants are subject to audit. Therefore, block 
22grant receipts and block grant expenditures shall be recorded 
23to the appropriate fund code for the designated block grant. 
24Notwithstanding any other provision of law, all amounts paid 
25under the block grant from State appropriations to a school 
26district in a city having a population exceeding 500,000 
 
 
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1inhabitants shall be appropriated and expended by the board of 
2that district for any of the programs included in the block 
3grant or any of the board's lawful purposes. The district is 
4not required to file any application or other claim in order to 
5receive the block grant to which it is entitled under this 
6Section. The Department of Early Childhood shall make payments 
7to the district of amounts due under the district's block 
8grant on a schedule determined by the Department. A school 
9district to which this Section applies shall report to the 
10Department of Early Childhood on its use of the block grant in 
11such form and detail as the Department may specify. In 
12addition, the report must include the following description 
13for the district, which must also be reported to the General 
14Assembly: block grant allocation and expenditures by program; 
15population and service levels by program; and administrative 
16expenditures by program. The Department shall ensure that the 
17reporting requirements for the district are the same as for 
18all other school districts in this State. Beginning in Fiscal 
19Year 2018, at least 25% of any additional Preschool Education, 
20Parental Training, and Prevention Initiative program funding 
21over and above the previous fiscal year's allocation shall be 
22used to fund programs for children ages 0-3. Beginning in 
23Fiscal Year 2018, funding for Preschool Education, Parental 
24Training, and Prevention Initiative programs above the 
25allocation for these programs in Fiscal Year 2017 must be used 
26solely as a supplement for these programs and may not supplant 
 
 
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1funds received from other sources. (b-10). 
2 (c) The educational services block grant shall include the 
3following programs: Regular and Vocational Transportation, 
4State Lunch and Free Breakfast Program, Special Education 
5(Personnel, Transportation, Orphanage, Private Tuition), 
6funding for children requiring special education services, 
7Summer School, Educational Service Centers, and 
8Administrator's Academy. This subsection (c) does not relieve 
9the district of its obligation to provide the services 
10required under a program that is included within the 
11educational services block grant. It is the intention of the 
12General Assembly in enacting the provisions of this subsection 
13(c) to relieve the district of the administrative burdens that 
14impede efficiency and accompany single-program funding. The 
15General Assembly encourages the board to pursue mandate 
16waivers pursuant to Section 2-3.25g.
17 The funding program included in the educational services 
18block grant for funding for children requiring special 
19education services in each fiscal year shall be treated in 
20that fiscal year as a payment to the school district in respect 
21of services provided or costs incurred in the prior fiscal 
22year, calculated in each case as provided in this Section. 
23Nothing in this Section shall change the nature of payments 
24for any program that, apart from this Section, would be or, 
25prior to adoption or amendment of this Section, was on the 
26basis of a payment in a fiscal year in respect of services 
 
 
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1provided or costs incurred in the prior fiscal year, 
2calculated in each case as provided in this Section. 
3 (d) For fiscal year 1996 and each fiscal year thereafter, 
4the amount of the district's block grants shall be determined 
5as follows: (i) with respect to each program that is included 
6within each block grant, the district shall receive an amount 
7equal to the same percentage of the current fiscal year 
8appropriation made for that program as the percentage of the 
9appropriation received by the district from the 1995 fiscal 
10year appropriation made for that program, and (ii) the total 
11amount that is due the district under the block grant shall be 
12the aggregate of the amounts that the district is entitled to 
13receive for the fiscal year with respect to each program that 
14is included within the block grant that the State Board of 
15Education shall award the district under this Section for that 
16fiscal year. In the case of the Summer Bridges program, the 
17amount of the district's block grant shall be equal to 44% of 
18the amount of the current fiscal year appropriation made for 
19that program.
20 (e) The district is not required to file any application 
21or other claim in order to receive the block grants to which it 
22is entitled under this Section. The State Board of Education 
23shall make payments to the district of amounts due under the 
24district's block grants on a schedule determined by the State 
25Board of Education.
26 (f) A school district to which this Section applies shall 
 
 
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1report to the State Board of Education on its use of the block 
2grants in such form and detail as the State Board of Education 
3may specify. In addition, the report must include the 
4following description for the district, which must also be 
5reported to the General Assembly: block grant allocation and 
6expenditures by program; population and service levels by 
7program; and administrative expenditures by program. The State 
8Board of Education shall ensure that the reporting 
9requirements for the district are the same as for all other 
10school districts in this State. 
11 (g) This paragraph provides for the treatment of block 
12grants under Article 1C for purposes of calculating the amount 
13of block grants for a district under this Section. Those block 
14grants under Article 1C are, for this purpose, treated as 
15included in the amount of appropriation for the various 
16programs set forth in paragraph (b) above. The appropriation 
17in each current fiscal year for each block grant under Article 
181C shall be treated for these purposes as appropriations for 
19the individual program included in that block grant. The 
20proportion of each block grant so allocated to each such 
21program included in it shall be the proportion which the 
22appropriation for that program was of all appropriations for 
23such purposes now in that block grant, in fiscal 1995.
24 Payments to the school district under this Section with 
25respect to each program for which payments to school districts 
26generally, as of the date of this amendatory Act of the 92nd 
 
 
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1General Assembly, are on a reimbursement basis shall continue 
2to be made to the district on a reimbursement basis, pursuant 
3to the provisions of this Code governing those programs.
4 (h) Notwithstanding any other provision of law, any school 
5district receiving a block grant under this Section may 
6classify all or a portion of the funds that it receives in a 
7particular fiscal year from any block grant authorized under 
8this Code or from general State aid pursuant to Section 
918-8.05 of this Code (other than supplemental general State 
10aid) as funds received in connection with any funding program 
11for which it is entitled to receive funds from the State in 
12that fiscal year (including, without limitation, any funding 
13program referred to in subsection (c) of this Section), 
14regardless of the source or timing of the receipt. The 
15district may not classify more funds as funds received in 
16connection with the funding program than the district is 
17entitled to receive in that fiscal year for that program. Any 
18classification by a district must be made by a resolution of 
19its board of education. The resolution must identify the 
20amount of any block grant or general State aid to be classified 
21under this subsection (h) and must specify the funding program 
22to which the funds are to be treated as received in connection 
23therewith. This resolution is controlling as to the 
24classification of funds referenced therein. A certified copy 
25of the resolution must be sent to the State Superintendent of 
26Education. The resolution shall still take effect even though 
 
 
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1a copy of the resolution has not been sent to the State 
2Superintendent of Education in a timely manner. No 
3classification under this subsection (h) by a district shall 
4affect the total amount or timing of money the district is 
5entitled to receive under this Code. No classification under 
6this subsection (h) by a district shall in any way relieve the 
7district from or affect any requirements that otherwise would 
8apply with respect to the block grant as provided in this 
9Section, including any accounting of funds by source, 
10reporting expenditures by original source and purpose, 
11reporting requirements, or requirements of provision of 
12services.
13(Source: P.A. 100-55, eff. 8-11-17.)

14 (Text of Section from P.A. 100-465)
15 Sec. 1D-1. Block grant funding. 
16 (a) For fiscal year 1996 through fiscal year 2017, the 
17State Board of Education shall award to a school district 
18having a population exceeding 500,000 inhabitants a general 
19education block grant and an educational services block grant, 
20determined as provided in this Section, in lieu of 
21distributing to the district separate State funding for the 
22programs described in subsections (b) and (c). The provisions 
23of this Section, however, do not apply to any federal funds 
24that the district is entitled to receive. In accordance with 
25Section 2-3.32, all block grants are subject to an audit. 
 
 
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1Therefore, block grant receipts and block grant expenditures 
2shall be recorded to the appropriate fund code for the 
3designated block grant.
4 (b) The general education block grant shall include the 
5following programs: REI Initiative, Summer Bridges, Preschool 
6At Risk, K-6 Comprehensive Arts, School Improvement Support, 
7Urban Education, Scientific Literacy, Substance Abuse 
8Prevention, Second Language Planning, Staff Development, 
9Outcomes and Assessment, K-6 Reading Improvement, 7-12 
10Continued Reading Improvement, Truants' Optional Education, 
11Hispanic Programs, Agriculture Education, Parental Education, 
12Prevention Initiative, Report Cards, and Criminal Background 
13Investigations. The general education block grant shall also 
14include Preschool Education, Parental Training, and Prevention 
15Initiative through June 30, 2026. Notwithstanding any other 
16provision of law, all amounts paid under the general education 
17block grant from State appropriations to a school district in 
18a city having a population exceeding 500,000 inhabitants shall 
19be appropriated and expended by the board of that district for 
20any of the programs included in the block grant or any of the 
21board's lawful purposes.
22 (b-5) Beginning in Fiscal Year 2027, the Department of 
23Early Childhood shall award a block grant for Preschool 
24Education, Parental Training, and Prevention Initiative to a 
25school district having a population exceeding 500,000 
26inhabitants. The grants are subject to audit. Therefore, block 
 
 
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1grant receipts and block grant expenditures shall be recorded 
2to the appropriate fund code for the designated block grant. 
3Notwithstanding any other provision of law, all amounts paid 
4under the block grant from State appropriations to a school 
5district in a city having a population exceeding 500,000 
6inhabitants shall be appropriated and expended by the board of 
7that district for any of the programs included in the block 
8grant or any of the board's lawful purposes. The district is 
9not required to file any application or other claim in order to 
10receive the block grant to which it is entitled under this 
11Section. The Department of Early Childhood shall make payments 
12to the district of amounts due under the district's block 
13grant on a schedule determined by the Department. A school 
14district to which this Section applies shall report to the 
15Department of Early Childhood on its use of the block grant in 
16such form and detail as the Department may specify. In 
17addition, the report must include the following description 
18for the district, which must also be reported to the General 
19Assembly: block grant allocation and expenditures by program; 
20population and service levels by program; and administrative 
21expenditures by program. The Department shall ensure that the 
22reporting requirements for the district are the same as for 
23all other school districts in this State. Beginning in Fiscal 
24Year 2018, at least 25% of any additional Preschool Education, 
25Parental Training, and Prevention Initiative program funding 
26over and above the previous fiscal year's allocation shall be 
 
 
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1used to fund programs for children ages 0-3. Beginning in 
2Fiscal Year 2018, funding for Preschool Education, Parental 
3Training, and Prevention Initiative programs above the 
4allocation for these programs in Fiscal Year 2017 must be used 
5solely as a supplement for these programs and may not supplant 
6funds received from other sources. (b-10). 
7 (c) The educational services block grant shall include the 
8following programs: Regular and Vocational Transportation, 
9State Lunch and Free Breakfast Program, Special Education 
10(Personnel, Transportation, Orphanage, Private Tuition), 
11funding for children requiring special education services, 
12Summer School, Educational Service Centers, and 
13Administrator's Academy. This subsection (c) does not relieve 
14the district of its obligation to provide the services 
15required under a program that is included within the 
16educational services block grant. It is the intention of the 
17General Assembly in enacting the provisions of this subsection 
18(c) to relieve the district of the administrative burdens that 
19impede efficiency and accompany single-program funding. The 
20General Assembly encourages the board to pursue mandate 
21waivers pursuant to Section 2-3.25g.
22 The funding program included in the educational services 
23block grant for funding for children requiring special 
24education services in each fiscal year shall be treated in 
25that fiscal year as a payment to the school district in respect 
26of services provided or costs incurred in the prior fiscal 
 
 
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1year, calculated in each case as provided in this Section. 
2Nothing in this Section shall change the nature of payments 
3for any program that, apart from this Section, would be or, 
4prior to adoption or amendment of this Section, was on the 
5basis of a payment in a fiscal year in respect of services 
6provided or costs incurred in the prior fiscal year, 
7calculated in each case as provided in this Section. 
8 (d) For fiscal year 1996 through fiscal year 2017, the 
9amount of the district's block grants shall be determined as 
10follows: (i) with respect to each program that is included 
11within each block grant, the district shall receive an amount 
12equal to the same percentage of the current fiscal year 
13appropriation made for that program as the percentage of the 
14appropriation received by the district from the 1995 fiscal 
15year appropriation made for that program, and (ii) the total 
16amount that is due the district under the block grant shall be 
17the aggregate of the amounts that the district is entitled to 
18receive for the fiscal year with respect to each program that 
19is included within the block grant that the State Board of 
20Education shall award the district under this Section for that 
21fiscal year. In the case of the Summer Bridges program, the 
22amount of the district's block grant shall be equal to 44% of 
23the amount of the current fiscal year appropriation made for 
24that program.
25 (e) The district is not required to file any application 
26or other claim in order to receive the block grants to which it 
 
 
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1is entitled under this Section. The State Board of Education 
2shall make payments to the district of amounts due under the 
3district's block grants on a schedule determined by the State 
4Board of Education.
5 (f) A school district to which this Section applies shall 
6report to the State Board of Education on its use of the block 
7grants in such form and detail as the State Board of Education 
8may specify. In addition, the report must include the 
9following description for the district, which must also be 
10reported to the General Assembly: block grant allocation and 
11expenditures by program; population and service levels by 
12program; and administrative expenditures by program. The State 
13Board of Education shall ensure that the reporting 
14requirements for the district are the same as for all other 
15school districts in this State. 
16 (g) Through fiscal year 2017, this paragraph provides for 
17the treatment of block grants under Article 1C for purposes of 
18calculating the amount of block grants for a district under 
19this Section. Those block grants under Article 1C are, for 
20this purpose, treated as included in the amount of 
21appropriation for the various programs set forth in paragraph 
22(b) above. The appropriation in each current fiscal year for 
23each block grant under Article 1C shall be treated for these 
24purposes as appropriations for the individual program included 
25in that block grant. The proportion of each block grant so 
26allocated to each such program included in it shall be the 
 
 
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1proportion which the appropriation for that program was of all 
2appropriations for such purposes now in that block grant, in 
3fiscal 1995.
4 Payments to the school district under this Section with 
5respect to each program for which payments to school districts 
6generally, as of the date of this amendatory Act of the 92nd 
7General Assembly, are on a reimbursement basis shall continue 
8to be made to the district on a reimbursement basis, pursuant 
9to the provisions of this Code governing those programs.
10 (h) Notwithstanding any other provision of law, any school 
11district receiving a block grant under this Section may 
12classify all or a portion of the funds that it receives in a 
13particular fiscal year from any block grant authorized under 
14this Code or from general State aid pursuant to Section 
1518-8.05 of this Code (other than supplemental general State 
16aid) as funds received in connection with any funding program 
17for which it is entitled to receive funds from the State in 
18that fiscal year (including, without limitation, any funding 
19program referred to in subsection (c) of this Section), 
20regardless of the source or timing of the receipt. The 
21district may not classify more funds as funds received in 
22connection with the funding program than the district is 
23entitled to receive in that fiscal year for that program. Any 
24classification by a district must be made by a resolution of 
25its board of education. The resolution must identify the 
26amount of any block grant or general State aid to be classified 
 
 
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1under this subsection (h) and must specify the funding program 
2to which the funds are to be treated as received in connection 
3therewith. This resolution is controlling as to the 
4classification of funds referenced therein. A certified copy 
5of the resolution must be sent to the State Superintendent of 
6Education. The resolution shall still take effect even though 
7a copy of the resolution has not been sent to the State 
8Superintendent of Education in a timely manner. No 
9classification under this subsection (h) by a district shall 
10affect the total amount or timing of money the district is 
11entitled to receive under this Code. No classification under 
12this subsection (h) by a district shall in any way relieve the 
13district from or affect any requirements that otherwise would 
14apply with respect to the block grant as provided in this 
15Section, including any accounting of funds by source, 
16reporting expenditures by original source and purpose, 
17reporting requirements, or requirements of provision of 
18services.
19(Source: P.A. 100-465, eff. 8-31-17.)

20 (105 ILCS 5/2-3.47) (from Ch. 122, par. 2-3.47)
21 Sec. 2-3.47. The State Board of Education shall annually 
22submit a budget recommendation to the Governor and General 
23Assembly that contains recommendations for funding for 
24pre-school through grade 12 through Fiscal Year 2026. For 
25Fiscal Year 2027, and annually thereafter, the State Board of 
 
 
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1Education shall submit a budget recommendation to the Governor 
2and General Assembly that contains recommendations for funding 
3for kindergarten through grade 12.
4(Source: P.A. 98-739, eff. 7-16-14.)

5 (105 ILCS 5/2-3.64a-10)
6 Sec. 2-3.64a-10. Kindergarten assessment.
7 (a) For the purposes of this Section, "kindergarten" 
8includes both full-day and half-day kindergarten programs.
9 (b) Beginning no later than the 2021-2022 school year, the 
10State Board of Education shall annually assess all public 
11school students entering kindergarten using a common 
12assessment tool, unless the State Board determines that a 
13student is otherwise exempt. The common assessment tool must 
14assess multiple developmental domains, including literacy, 
15language, mathematics, and social and emotional development. 
16The assessment must be valid, reliable, and developmentally 
17appropriate to formatively assess a child's development and 
18readiness for kindergarten.
19 (c) Results from the assessment may be used by the school 
20to understand the child's development and readiness for 
21kindergarten, to tailor instruction, and to measure the 
22child's progress over time. Assessment results may also be 
23used to identify a need for the professional development of 
24teachers and early childhood educators and to inform 
25State-level and district-level policies and resource 
 
 
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1allocation.
2 The school shall make the assessment results available to 
3the child's parent or guardian.
4 The assessment results may not be used (i) to prevent a 
5child from enrolling in kindergarten or (ii) as the sole 
6measure used in determining the grade promotion or retention 
7of a student.
8 (d) On an annual basis, the State Board shall report 
9publicly, at a minimum, data from the assessment for the State 
10overall and for each school district. The State Board's report 
11must disaggregate data by race and ethnicity, household 
12income, students who are English learners, and students who 
13have an individualized education program.
14 (e) The State Superintendent of Education shall appoint a 
15committee of no more than 22 21 members, including the 
16Secretary of Early Childhood or the Secretary's designee, 
17parents, teachers, school administrators, assessment experts, 
18regional superintendents of schools, state policy advocates, 
19early childhood administrators, and other stakeholders, to 
20review, on an ongoing basis, the content and design of the 
21assessment, the collective results of the assessment as 
22measured against kindergarten-readiness standards, and other 
23issues involving the assessment as identified by the 
24committee.
25 The committee shall make periodic recommendations to the 
26State Superintendent of Education and the General Assembly 
 
 
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1concerning the assessments.
2 (f) The State Board may adopt rules to implement and 
3administer this Section.
4(Source: P.A. 101-654, eff. 3-8-21; 102-635, eff. 11-30-21 
5(See Section 10 of P.A. 102-671 for effective date of P.A. 
6102-209).)

7 (105 ILCS 5/2-3.71) (from Ch. 122, par. 2-3.71)
8 Sec. 2-3.71. Grants for preschool educational programs.
9 (a) Preschool program.
10  (1) Through June 30, 2026, the The State Board of 
11 Education shall implement and administer a grant program 
12 under the provisions of this subsection which shall 
13 consist of grants to public school districts and other 
14 eligible entities, as defined by the State Board of 
15 Education, to conduct voluntary preschool educational 
16 programs for children ages 3 to 5 which include a parent 
17 education component. A public school district which 
18 receives grants under this subsection may subcontract with 
19 other entities that are eligible to conduct a preschool 
20 educational program. These grants must be used to 
21 supplement, not supplant, funds received from any other 
22 source.
23  (1.5) On and after July 1, 2026, the Department of 
24 Early Childhood shall implement and administer a grant 
25 program for school districts and other eligible entities, 
 
 
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1 as defined by the Department, to conduct voluntary 
2 preschool educational programs for children ages 3 to 5 
3 which include a parent education component. A public 
4 school district which receives grants under this 
5 subsection may subcontract with other entities that are 
6 eligible to conduct a preschool educational program. These 
7 grants must be used to supplement, not supplant, funds 
8 received from any other source. 
9  (2) (Blank).
10  (3) Except as otherwise provided under this subsection 
11 (a), any teacher of preschool children in the program 
12 authorized by this subsection shall hold a Professional 
13 Educator License with an early childhood education 
14 endorsement.
15  (3.5) Beginning with the 2018-2019 school year and 
16 until the 2028-2029 school year, an individual may teach 
17 preschool children in an early childhood program under 
18 this Section if he or she holds a Professional Educator 
19 License with an early childhood education endorsement or 
20 with short-term approval for early childhood education or 
21 he or she pursues a Professional Educator License and 
22 holds any of the following:
23   (A) An ECE Credential Level of 5 awarded by the 
24 Department of Human Services under the Gateways to 
25 Opportunity Program developed under Section 10-70 of 
26 the Department of Human Services Act.
 
 
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1   (B) An Educator License with Stipulations with a 
2 transitional bilingual educator endorsement and he or 
3 she has (i) passed an early childhood education 
4 content test or (ii) completed no less than 9 semester 
5 hours of postsecondary coursework in the area of early 
6 childhood education. 
7  (4) (Blank).
8  (4.5) Through June 30, 2026, the State Board of 
9 Education shall provide the primary source of funding 
10 through appropriations for the program. On and after July 
11 1, 2026, the Department of Early Childhood shall provide 
12 the primary source of funding through appropriations for 
13 the program. The State Board of Education shall provide 
14 the primary source of funding through appropriations for 
15 the program. Such funds shall be distributed to achieve a 
16 goal of "Preschool for All Children" for the benefit of 
17 all children whose families choose to participate in the 
18 program. Based on available appropriations, newly funded 
19 programs shall be selected through a process giving first 
20 priority to qualified programs serving primarily at-risk 
21 children and second priority to qualified programs serving 
22 primarily children with a family income of less than 4 
23 times the poverty guidelines updated periodically in the 
24 Federal Register by the U.S. Department of Health and 
25 Human Services under the authority of 42 U.S.C. 9902(2). 
26 For purposes of this paragraph (4.5), at-risk children are 
 
 
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1 those who because of their home and community environment 
2 are subject to such language, cultural, economic and like 
3 disadvantages to cause them to have been determined as a 
4 result of screening procedures to be at risk of academic 
5 failure. Through June 30, 2026, such screening procedures 
6 shall be based on criteria established by the State Board 
7 of Education. On and after July 1, 2026, such screening 
8 procedures shall be based on criteria established by the 
9 Department of Early Childhood. Such screening procedures 
10 shall be based on criteria established by the State Board 
11 of Education.
12  Except as otherwise provided in this paragraph (4.5), 
13 grantees under the program must enter into a memorandum of 
14 understanding with the appropriate local Head Start 
15 agency. This memorandum must be entered into no later than 
16 3 months after the award of a grantee's grant under the 
17 program, except that, in the case of the 2009-2010 program 
18 year, the memorandum must be entered into no later than 
19 the deadline set by the State Board of Education for 
20 applications to participate in the program in fiscal year 
21 2011, and must address collaboration between the grantee's 
22 program and the local Head Start agency on certain issues, 
23 which shall include without limitation the following:
24   (A) educational activities, curricular objectives, 
25 and instruction;
26   (B) public information dissemination and access to 
 
 
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1 programs for families contacting programs;
2   (C) service areas;
3   (D) selection priorities for eligible children to 
4 be served by programs;
5   (E) maximizing the impact of federal and State 
6 funding to benefit young children;
7   (F) staff training, including opportunities for 
8 joint staff training;
9   (G) technical assistance;
10   (H) communication and parent outreach for smooth 
11 transitions to kindergarten;
12   (I) provision and use of facilities, 
13 transportation, and other program elements;
14   (J) facilitating each program's fulfillment of its 
15 statutory and regulatory requirements;
16   (K) improving local planning and collaboration; 
17 and
18   (L) providing comprehensive services for the 
19 neediest Illinois children and families.
20 Through June 30, 2026, if If the appropriate local Head 
21 Start agency is unable or unwilling to enter into a 
22 memorandum of understanding as required under this 
23 paragraph (4.5), the memorandum of understanding 
24 requirement shall not apply and the grantee under the 
25 program must notify the State Board of Education in 
26 writing of the Head Start agency's inability or 
 
 
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1 unwillingness. The State Board of Education shall compile 
2 all such written notices and make them available to the 
3 public. On and after July 1, 2026, if the appropriate 
4 local Head Start agency is unable or unwilling to enter 
5 into a memorandum of understanding as required under this 
6 paragraph (4.5), the memorandum of understanding 
7 requirement shall not apply and the grantee under the 
8 program must notify the Department of Early Childhood in 
9 writing of the Head Start agency's inability or 
10 unwillingness. The Department of Early Childhood shall 
11 compile all such written notices and make them available 
12 to the public. 
13  (5) Through June 30, 2026, the The State Board of 
14 Education shall develop and provide evaluation tools, 
15 including tests, that school districts and other eligible 
16 entities may use to evaluate children for school readiness 
17 prior to age 5. The State Board of Education shall require 
18 school districts and other eligible entities to obtain 
19 consent from the parents or guardians of children before 
20 any evaluations are conducted. The State Board of 
21 Education shall encourage local school districts and other 
22 eligible entities to evaluate the population of preschool 
23 children in their communities and provide preschool 
24 programs, pursuant to this subsection, where appropriate.
25  (5.1) On and after July 1, 2026, the Department of 
26 Early Childhood shall develop and provide evaluation 
 
 
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1 tools, including tests, that school districts and other 
2 eligible entities may use to evaluate children for school 
3 readiness prior to age 5. The Department of Early 
4 Childhood shall require school districts and other 
5 eligible entities to obtain consent from the parents or 
6 guardians of children before any evaluations are 
7 conducted. The Department of Early Childhood shall 
8 encourage local school districts and other eligible 
9 entities to evaluate the population of preschool children 
10 in their communities and provide preschool programs, 
11 pursuant to this subsection, where appropriate. 
12  (6) Through June 30, 2026, the The State Board of 
13 Education shall report to the General Assembly by November 
14 1, 2018 and every 2 years thereafter on the results and 
15 progress of students who were enrolled in preschool 
16 educational programs, including an assessment of which 
17 programs have been most successful in promoting academic 
18 excellence and alleviating academic failure. Through June 
19 30, 2026, the The State Board of Education shall assess 
20 the academic progress of all students who have been 
21 enrolled in preschool educational programs.
22  Through fiscal year 2026, on On or before November 1 
23 of each fiscal year in which the General Assembly provides 
24 funding for new programs under paragraph (4.5) of this 
25 Section, the State Board of Education shall report to the 
26 General Assembly on what percentage of new funding was 
 
 
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1 provided to programs serving primarily at-risk children, 
2 what percentage of new funding was provided to programs 
3 serving primarily children with a family income of less 
4 than 4 times the federal poverty level, and what 
5 percentage of new funding was provided to other programs. 
6  (6.1) On and after July 1, 2026, the Department of 
7 Early Childhood shall report to the General Assembly by 
8 November 1, 2026 and every 2 years thereafter on the 
9 results and progress of students who were enrolled in 
10 preschool educational programs, including an assessment of 
11 which programs have been most successful in promoting 
12 academic excellence and alleviating academic failure. On 
13 and after July 1, 2026, the Department of Early Childhood 
14 shall assess the academic progress of all students who 
15 have been enrolled in preschool educational programs. 
16 Beginning in fiscal year 2027, on or before November 1 of 
17 each fiscal year in which the General Assembly provides 
18 funding for new programs under paragraph (4.5) of this 
19 Section, the Department of Early Childhood shall report to 
20 the General Assembly on what percentage of new funding was 
21 provided to programs serving primarily at-risk children, 
22 what percentage of new funding was provided to programs 
23 serving primarily children with a family income of less 
24 than 4 times the federal poverty level, and what 
25 percentage of new funding was provided to other programs. 
26  (7) Due to evidence that expulsion practices in the 
 
 
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1 preschool years are linked to poor child outcomes and are 
2 employed inconsistently across racial and gender groups, 
3 early childhood programs receiving State funds under this 
4 subsection (a) shall prohibit expulsions. Planned 
5 transitions to settings that are able to better meet a 
6 child's needs are not considered expulsion under this 
7 paragraph (7).
8   (A) When persistent and serious challenging 
9 behaviors emerge, the early childhood program shall 
10 document steps taken to ensure that the child can 
11 participate safely in the program; including 
12 observations of initial and ongoing challenging 
13 behaviors, strategies for remediation and intervention 
14 plans to address the behaviors, and communication with 
15 the parent or legal guardian, including participation 
16 of the parent or legal guardian in planning and 
17 decision-making.
18   (B) The early childhood program shall, with 
19 parental or legal guardian consent as required, 
20 utilize a range of community resources, if available 
21 and deemed necessary, including, but not limited to, 
22 developmental screenings, referrals to programs and 
23 services administered by a local educational agency or 
24 early intervention agency under Parts B and C of the 
25 federal Individual with Disabilities Education Act, 
26 and consultation with infant and early childhood 
 
 
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1 mental health consultants and the child's health care 
2 provider. The program shall document attempts to 
3 engage these resources, including parent or legal 
4 guardian participation and consent attempted and 
5 obtained. Communication with the parent or legal 
6 guardian shall take place in a culturally and 
7 linguistically competent manner.
8   (C) If there is documented evidence that all 
9 available interventions and supports recommended by a 
10 qualified professional have been exhausted and the 
11 program determines in its professional judgment that 
12 transitioning a child to another program is necessary 
13 for the well-being of the child or his or her peers and 
14 staff, with parent or legal guardian permission, both 
15 the current and pending programs shall create a 
16 transition plan designed to ensure continuity of 
17 services and the comprehensive development of the 
18 child. Communication with families shall occur in a 
19 culturally and linguistically competent manner.
20   (D) Nothing in this paragraph (7) shall preclude a 
21 parent's or legal guardian's right to voluntarily 
22 withdraw his or her child from an early childhood 
23 program. Early childhood programs shall request and 
24 keep on file, when received, a written statement from 
25 the parent or legal guardian stating the reason for 
26 his or her decision to withdraw his or her child.
 
 
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1   (E) In the case of the determination of a serious 
2 safety threat to a child or others or in the case of 
3 behaviors listed in subsection (d) of Section 10-22.6 
4 of this Code, the temporary removal of a child from 
5 attendance in group settings may be used. Temporary 
6 removal of a child from attendance in a group setting 
7 shall trigger the process detailed in subparagraphs 
8 (A), (B), and (C) of this paragraph (7), with the child 
9 placed back in a group setting as quickly as possible.
10   (F) Early childhood programs may utilize 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 Beginning on July 1, 
 
 
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1 2018, early childhood programs shall annually report 
2 to the State Board of Education, and, beginning in 
3 fiscal year 2020, the State Board of Education shall 
4 make available on a biennial basis, in an existing 
5 report, all of the following data for children from 
6 birth to age 5 who are 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 State Board of 
4 Education, in consultation with the Governor's Office of 
5 Early Childhood Development and the Department of Children 
6 and Family Services, shall adopt rules to administer this 
7 paragraph (7). 
8 (b) (Blank).
9 (c) Notwithstanding any other provisions of this Section, 
10grantees may serve children ages 0 to 12 of essential workers 
11if the Governor has declared a disaster due to a public health 
12emergency pursuant to Section 7 of the Illinois Emergency 
13Management Agency Act. For the purposes of this subsection, 
14essential workers include those outlined in Executive Order 
1520-8 and school employees. The State Board of Education shall 
16adopt rules to administer this subsection. 
17 (d) Paragraphs (a)(1), (a)(1.5), (a)(4.5), (a)(5), 
18(a)(5.1), (a)(6), and (a)(7) and subsection (c) of this 
19Section are inoperative on and after July 1, 2026. 
20(Source: P.A. 103-111, eff. 6-29-23.)

21 (105 ILCS 5/2-3.71a) (from Ch. 122, par. 2-3.71a)
22 Sec. 2-3.71a. Grants for early childhood parental training 
23programs. The State Board of Education shall implement and 
24administer a grant program consisting of grants to public 
25school districts and other eligible entities, as defined by 
 
 
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1the State Board of Education, to conduct early childhood 
2parental training programs for the parents of children in the 
3period of life from birth to kindergarten. A public school 
4district that receives grants under this Section may contract 
5with other eligible entities to conduct an early childhood 
6parental training program. These grants must be used to 
7supplement, not supplant, funds received from any other 
8source. A school board or other eligible entity shall employ 
9appropriately qualified personnel for its early childhood 
10parental training program, including but not limited to 
11certified teachers, counselors, psychiatrists, psychologists 
12and social workers.
13 (a) As used in this Section, "parental training" means and 
14includes instruction in the following:
15  (1) Child growth and development, including prenatal 
16 development.
17  (2) Childbirth and child care.
18  (3) Family structure, function and management.
19  (4) Prenatal and postnatal care for mothers and 
20 infants.
21  (5) Prevention of child abuse.
22  (6) The physical, mental, emotional, social, economic 
23 and psychological aspects of interpersonal and family 
24 relationships.
25  (7) Parenting skill development.
26 The programs shall include activities that require 
 
 
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1substantial participation and interaction between parent and 
2child.
3 (b) The Board shall annually award funds through a grant 
4approval process established by the State Board of Education, 
5providing that an annual appropriation is made for this 
6purpose from State, federal or private funds. Nothing in this 
7Section shall preclude school districts from applying for or 
8accepting private funds to establish and implement programs.
9 (c) The State Board of Education shall assist those 
10districts and other eligible entities offering early childhood 
11parental training programs, upon request, in developing 
12instructional materials, training teachers and staff, and 
13establishing appropriate time allotments for each of the areas 
14included in such instruction.
15 (d) School districts and other eligible entities may offer 
16early childhood parental training courses during that period 
17of the day which is not part of the regular school day. 
18Residents of the community may enroll in such courses. The 
19school board or other eligible entity may establish fees and 
20collect such charges as may be necessary for attendance at 
21such courses in an amount not to exceed the per capita cost of 
22the operation thereof, except that the board or other eligible 
23entity may waive all or part of such charges if it determines 
24that the parent is indigent or that the educational needs of 
25the parent require his or her attendance at such courses.
26 (e) Parents who participate in early childhood parental 
 
 
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1training programs under this Section may be eligible for 
2reasonable reimbursement of any incidental transportation and 
3child care expenses from the school district receiving funds 
4pursuant to this Section.
5 (f) Districts and other eligible entities receiving grants 
6pursuant to this Section shall coordinate programs created 
7under this Section with other preschool educational programs, 
8including "at-risk" preschool programs, special and vocational 
9education, and related services provided by other governmental 
10agencies and not-for-profit agencies.
11 (g) The State Board of Education shall report to the 
12General Assembly by July 1, 1991, on the results of the 
13programs funded pursuant to this Section and whether a need 
14continues for such programs.
15 (h) After July 1, 2006, any parental training services 
16funded pursuant to this Section on the effective date of this 
17amendatory Act of the 94th General Assembly shall continue to 
18be funded pursuant to this Section, subject to appropriation 
19and the meeting of program standards. Any additional parental 
20training services must be funded, subject to appropriation, 
21through preschool education grants pursuant to subdivision (4) 
22of subsection (a) of Section 2-3.71 of this Code for families 
23with children ages 3 to 5 and through prevention initiative 
24grants pursuant to subsection (b) of Section 2-3.89 of this 
25Code for expecting families and those with children from birth 
26to 3 years of age. 
 
 
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1 (i) Early childhood programs under this Section are 
2subject to the requirements under paragraph (7) of subsection 
3(a) of Section 2-3.71 of this Code.
4 (j) This Section is repealed on July 1, 2026. 
5(Source: P.A. 100-105, eff. 1-1-18.)

6 (105 ILCS 5/2-3.79) (from Ch. 122, par. 2-3.79)
7 Sec. 2-3.79. Pilot programs and special education services 
8for preschool children with disabilities from birth to age 3. 
9The State Board of Education may enter into contracts with 
10public or not-for-profit private organizations or agencies to 
11establish model pilot programs which provide services to 
12children with disabilities from birth up to the age of 3 years. 
13Annual grants shall be awarded on a competitive basis pursuant 
14to established criteria provided that there is an annual 
15appropriation for this purpose. Public or not-for-profit 
16private organizations or agencies that are providing services 
17to children with disabilities up to the age of 3 years prior to 
18September 22, 1985 are eligible to receive grants awarded 
19pursuant to this Section.
20 Each pilot program shall include, but not be limited to: a 
21process for identification of infants with disabilities in the 
22region; community awareness of the project and the services 
23provided; an intervention system; methods to assess and 
24diagnose infants with disabilities; written individual 
25treatment programs that include parental involvement; an 
 
 
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1interdisciplinary treatment approach to include other agencies 
2and not-for-profit organizations; and a written evaluation 
3submitted to the State Board of Education at the end of the 
4grant period.
5 An Interagency Coordination Council shall be established 
6consisting of a representative of the State Superintendent of 
7Education who shall serve as chairman, and one representative 
8from the following departments appointed by the respective 
9directors or secretary: Children and Family Services, Public 
10Health, Human Services, Public Aid, and the Division of 
11Specialized Care for Children of the University of Illinois. 
12The council shall recommend criteria to the State Board of 
13Education for the awarding of grants pursuant to this Section 
14and shall assist in coordinating the services provided by 
15agencies to the children with disabilities described in this 
16Section.
17 A report containing recommendations concerning all of the 
18pilot programs shall be submitted by the State Board of 
19Education to the General Assembly by January of 1989. The 
20report which shall analyze the results of the pilot programs 
21funded under this Section and make recommendations concerning 
22existing and proposed programs shall include, but not be 
23limited to: recommendations for staff licensure and 
24qualifications; the number of children and families eligible 
25for services statewide; the cost of serving the children and 
26their families; the types of services to be provided; and 
 
 
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1designs for the most effective delivery systems of these 
2services.
3 This Section is repealed on July 1, 2026. 
4(Source: P.A. 89-397, eff. 8-20-95; 89-507, eff. 7-1-97.)

5 (105 ILCS 5/2-3.89) (from Ch. 122, par. 2-3.89)
6 Sec. 2-3.89. Programs concerning services to at-risk 
7children and their families. 
8 (a) The State Board of Education may provide grants to 
9eligible entities, as defined by the State Board of Education, 
10to establish programs which offer coordinated services to 
11at-risk infants and toddlers and their families. Each program 
12shall include a parent education program relating to the 
13development and nurturing of infants and toddlers and case 
14management services to coordinate existing services available 
15in the region served by the program. These services shall be 
16provided through the implementation of an individual family 
17service plan. Each program will have a community involvement 
18component to provide coordination in the service system.
19 (b) The State Board of Education shall administer the 
20programs through the grants to public school districts and 
21other eligible entities. These grants must be used to 
22supplement, not supplant, funds received from any other 
23source. School districts and other eligible entities receiving 
24grants pursuant to this Section shall conduct voluntary, 
25intensive, research-based, and comprehensive prevention 
 
 
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1services, as defined by the State Board of Education, for 
2expecting parents and families with children from birth to age 
33 who are at-risk of academic failure. A public school 
4district that receives a grant under this Section may 
5subcontract with other eligible entities.
6 (c) The State Board of Education shall report to the 
7General Assembly by July 1, 2006 and every 2 years thereafter, 
8using the most current data available, on the status of 
9programs funded under this Section, including without 
10limitation characteristics of participants, services 
11delivered, program models used, unmet needs, and results of 
12the programs funded. 
13(Source: P.A. 96-734, eff. 8-25-09.)

14 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
15 (Text of Section before amendment by P.A. 102-466)
16 Sec. 10-22.6. Suspension or expulsion of pupils; school 
17searches. 
18 (a) To expel pupils guilty of gross disobedience or 
19misconduct, including gross disobedience or misconduct 
20perpetuated by electronic means, pursuant to subsection (b-20) 
21of this Section, and no action shall lie against them for such 
22expulsion. Expulsion shall take place only after the parents 
23have been requested to appear at a meeting of the board, or 
24with a hearing officer appointed by it, to discuss their 
25child's behavior. Such request shall be made by registered or 
 
 
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1certified mail and shall state the time, place and purpose of 
2the meeting. The board, or a hearing officer appointed by it, 
3at such meeting shall state the reasons for dismissal and the 
4date on which the expulsion is to become effective. If a 
5hearing officer is appointed by the board, he shall report to 
6the board a written summary of the evidence heard at the 
7meeting and the board may take such action thereon as it finds 
8appropriate. If the board acts to expel a pupil, the written 
9expulsion decision shall detail the specific reasons why 
10removing the pupil from the learning environment is in the 
11best interest of the school. The expulsion decision shall also 
12include a rationale as to the specific duration of the 
13expulsion. An expelled pupil may be immediately transferred to 
14an alternative program in the manner provided in Article 13A 
15or 13B of this Code. A pupil must not be denied transfer 
16because of the expulsion, except in cases in which such 
17transfer is deemed to cause a threat to the safety of students 
18or staff in the alternative program.
19 (b) To suspend or by policy to authorize the 
20superintendent of the district or the principal, assistant 
21principal, or dean of students of any school to suspend pupils 
22guilty of gross disobedience or misconduct, or to suspend 
23pupils guilty of gross disobedience or misconduct on the 
24school bus from riding the school bus, pursuant to subsections 
25(b-15) and (b-20) of this Section, and no action shall lie 
26against them for such suspension. The board may by policy 
 
 
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1authorize the superintendent of the district or the principal, 
2assistant principal, or dean of students of any school to 
3suspend pupils guilty of such acts for a period not to exceed 
410 school days. If a pupil is suspended due to gross 
5disobedience or misconduct on a school bus, the board may 
6suspend the pupil in excess of 10 school days for safety 
7reasons. 
8 Any suspension shall be reported immediately to the 
9parents or guardian of a pupil along with a full statement of 
10the reasons for such suspension and a notice of their right to 
11a review. The school board must be given a summary of the 
12notice, including the reason for the suspension and the 
13suspension length. Upon request of the parents or guardian, 
14the school board or a hearing officer appointed by it shall 
15review such action of the superintendent or principal, 
16assistant principal, or dean of students. At such review, the 
17parents or guardian of the pupil may appear and discuss the 
18suspension with the board or its hearing officer. If a hearing 
19officer is appointed by the board, he shall report to the board 
20a written summary of the evidence heard at the meeting. After 
21its hearing or upon receipt of the written report of its 
22hearing officer, the board may take such action as it finds 
23appropriate. If a student is suspended pursuant to this 
24subsection (b), the board shall, in the written suspension 
25decision, detail the specific act of gross disobedience or 
26misconduct resulting in the decision to suspend. The 
 
 
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1suspension decision shall also include a rationale as to the 
2specific duration of the suspension. A pupil who is suspended 
3in excess of 20 school days may be immediately transferred to 
4an alternative program in the manner provided in Article 13A 
5or 13B of this Code. A pupil must not be denied transfer 
6because of the suspension, except in cases in which such 
7transfer is deemed to cause a threat to the safety of students 
8or staff in the alternative program.
9 (b-5) Among the many possible disciplinary interventions 
10and consequences available to school officials, school 
11exclusions, such as out-of-school suspensions and expulsions, 
12are the most serious. School officials shall limit the number 
13and duration of expulsions and suspensions to the greatest 
14extent practicable, and it is recommended that they use them 
15only for legitimate educational purposes. To ensure that 
16students are not excluded from school unnecessarily, it is 
17recommended that school officials consider forms of 
18non-exclusionary discipline prior to using out-of-school 
19suspensions or expulsions.
20 (b-10) Unless otherwise required by federal law or this 
21Code, school boards may not institute zero-tolerance policies 
22by which school administrators are required to suspend or 
23expel students for particular behaviors.
24 (b-15) Out-of-school suspensions of 3 days or less may be 
25used only if the student's continuing presence in school would 
26pose a threat to school safety or a disruption to other 
 
 
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1students' learning opportunities. For purposes of this 
2subsection (b-15), "threat to school safety or a disruption to 
3other students' learning opportunities" shall be determined on 
4a case-by-case basis by the school board or its designee. 
5School officials shall make all reasonable efforts to resolve 
6such threats, address such disruptions, and minimize the 
7length of suspensions to the greatest extent practicable.
8 (b-20) Unless otherwise required by this Code, 
9out-of-school suspensions of longer than 3 days, expulsions, 
10and disciplinary removals to alternative schools may be used 
11only if other appropriate and available behavioral and 
12disciplinary interventions have been exhausted and the 
13student's continuing presence in school would either (i) pose 
14a threat to the safety of other students, staff, or members of 
15the school community or (ii) substantially disrupt, impede, or 
16interfere with the operation of the school. For purposes of 
17this subsection (b-20), "threat to the safety of other 
18students, staff, or members of the school community" and 
19"substantially disrupt, impede, or interfere with the 
20operation of the school" shall be determined on a case-by-case 
21basis by school officials. For purposes of this subsection 
22(b-20), the determination of whether "appropriate and 
23available behavioral and disciplinary interventions have been 
24exhausted" shall be made by school officials. School officials 
25shall make all reasonable efforts to resolve such threats, 
26address such disruptions, and minimize the length of student 
 
 
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1exclusions to the greatest extent practicable. Within the 
2suspension decision described in subsection (b) of this 
3Section or the expulsion decision described in subsection (a) 
4of this Section, it shall be documented whether other 
5interventions were attempted or whether it was determined that 
6there were no other appropriate and available interventions.
7 (b-25) Students who are suspended out-of-school for longer 
8than 4 school days shall be provided appropriate and available 
9support services during the period of their suspension. For 
10purposes of this subsection (b-25), "appropriate and available 
11support services" shall be determined by school authorities. 
12Within the suspension decision described in subsection (b) of 
13this Section, it shall be documented whether such services are 
14to be provided or whether it was determined that there are no 
15such appropriate and available services.
16 A school district may refer students who are expelled to 
17appropriate and available support services.
18 A school district shall create a policy to facilitate the 
19re-engagement of students who are suspended out-of-school, 
20expelled, or returning from an alternative school setting.
21 (b-30) A school district shall create a policy by which 
22suspended pupils, including those pupils suspended from the 
23school bus who do not have alternate transportation to school, 
24shall have the opportunity to make up work for equivalent 
25academic credit. It shall be the responsibility of a pupil's 
26parent or guardian to notify school officials that a pupil 
 
 
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1suspended from the school bus does not have alternate 
2transportation to school. 
3 (c) A school board must invite a representative from a 
4local mental health agency to consult with the board at the 
5meeting whenever there is evidence that mental illness may be 
6the cause of a student's expulsion or suspension.
7 (c-5) School districts shall make reasonable efforts to 
8provide ongoing professional development to teachers, 
9administrators, school board members, school resource 
10officers, and staff on the adverse consequences of school 
11exclusion and justice-system involvement, effective classroom 
12management strategies, culturally responsive discipline, the 
13appropriate and available supportive services for the 
14promotion of student attendance and engagement, and 
15developmentally appropriate disciplinary methods that promote 
16positive and healthy school climates. 
17 (d) The board may expel a student for a definite period of 
18time not to exceed 2 calendar years, as determined on a 
19case-by-case basis. A student who is determined to have 
20brought one of the following objects to school, any 
21school-sponsored activity or event, or any activity or event 
22that bears a reasonable relationship to school shall be 
23expelled for a period of not less than one year:
24  (1) A firearm. For the purposes of this Section, 
25 "firearm" means any gun, rifle, shotgun, weapon as defined 
26 by Section 921 of Title 18 of the United States Code, 
 
 
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1 firearm as defined in Section 1.1 of the Firearm Owners 
2 Identification Card Act, or firearm as defined in Section 
3 24-1 of the Criminal Code of 2012. The expulsion period 
4 under this subdivision (1) may be modified by the 
5 superintendent, and the superintendent's determination may 
6 be modified by the board on a case-by-case basis.
7  (2) A knife, brass knuckles or other knuckle weapon 
8 regardless of its composition, a billy club, or any other 
9 object if used or attempted to be used to cause bodily 
10 harm, including "look alikes" of any firearm as defined in 
11 subdivision (1) of this subsection (d). The expulsion 
12 requirement under this subdivision (2) may be modified by 
13 the superintendent, and the superintendent's determination 
14 may be modified by the board on a case-by-case basis. 
15Expulsion or suspension shall be construed in a manner 
16consistent with the federal Individuals with Disabilities 
17Education Act. A student who is subject to suspension or 
18expulsion as provided in this Section may be eligible for a 
19transfer to an alternative school program in accordance with 
20Article 13A of the School Code.
21 (d-5) The board may suspend or by regulation authorize the 
22superintendent of the district or the principal, assistant 
23principal, or dean of students of any school to suspend a 
24student for a period not to exceed 10 school days or may expel 
25a student for a definite period of time not to exceed 2 
26calendar years, as determined on a case-by-case basis, if (i) 
 
 
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1that student has been determined to have made an explicit 
2threat on an Internet website against a school employee, a 
3student, or any school-related personnel, (ii) the Internet 
4website through which the threat was made is a site that was 
5accessible within the school at the time the threat was made or 
6was available to third parties who worked or studied within 
7the school grounds at the time the threat was made, and (iii) 
8the threat could be reasonably interpreted as threatening to 
9the safety and security of the threatened individual because 
10of his or her duties or employment status or status as a 
11student inside the school. 
12 (e) To maintain order and security in the schools, school 
13authorities may inspect and search places and areas such as 
14lockers, desks, parking lots, and other school property and 
15equipment owned or controlled by the school, as well as 
16personal effects left in those places and areas by students, 
17without notice to or the consent of the student, and without a 
18search warrant. As a matter of public policy, the General 
19Assembly finds that students have no reasonable expectation of 
20privacy in these places and areas or in their personal effects 
21left in these places and areas. School authorities may request 
22the assistance of law enforcement officials for the purpose of 
23conducting inspections and searches of lockers, desks, parking 
24lots, and other school property and equipment owned or 
25controlled by the school for illegal drugs, weapons, or other 
26illegal or dangerous substances or materials, including 
 
 
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1searches conducted through the use of specially trained dogs. 
2If a search conducted in accordance with this Section produces 
3evidence that the student has violated or is violating either 
4the law, local ordinance, or the school's policies or rules, 
5such evidence may be seized by school authorities, and 
6disciplinary action may be taken. School authorities may also 
7turn over such evidence to law enforcement authorities.
8 (f) Suspension or expulsion may include suspension or 
9expulsion from school and all school activities and a 
10prohibition from being present on school grounds.
11 (g) A school district may adopt a policy providing that if 
12a student is suspended or expelled for any reason from any 
13public or private school in this or any other state, the 
14student must complete the entire term of the suspension or 
15expulsion in an alternative school program under Article 13A 
16of this Code or an alternative learning opportunities program 
17under Article 13B of this Code before being admitted into the 
18school district if there is no threat to the safety of students 
19or staff in the alternative program.
20 (h) School officials shall not advise or encourage 
21students to drop out voluntarily due to behavioral or academic 
22difficulties.
23 (i) A student may not be issued a monetary fine or fee as a 
24disciplinary consequence, though this shall not preclude 
25requiring a student to provide restitution for lost, stolen, 
26or damaged property.
 
 
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1 (j) Subsections (a) through (i) of this Section shall 
2apply to elementary and secondary schools, charter schools, 
3special charter districts, and school districts organized 
4under Article 34 of this Code. 
5 (k) The expulsion of children enrolled in programs funded 
6under Section 1C-2 of this Code is subject to the requirements 
7under paragraph (7) of subsection (a) of Section 2-3.71 of 
8this Code.
9 (l) Beginning with the 2018-2019 school year, an in-school 
10suspension program provided by a school district for any 
11students in kindergarten through grade 12 may focus on 
12promoting non-violent conflict resolution and positive 
13interaction with other students and school personnel. A school 
14district may employ a school social worker or a licensed 
15mental health professional to oversee an in-school suspension 
16program in kindergarten through grade 12. 
17(Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21; 
18102-813, eff. 5-13-22.)

19 (Text of Section after amendment by P.A. 102-466)
20 Sec. 10-22.6. Suspension or expulsion of pupils; school 
21searches. 
22 (a) To expel pupils guilty of gross disobedience or 
23misconduct, including gross disobedience or misconduct 
24perpetuated by electronic means, pursuant to subsection (b-20) 
25of this Section, and no action shall lie against them for such 
 
 
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1expulsion. Expulsion shall take place only after the parents 
2or guardians have been requested to appear at a meeting of the 
3board, or with a hearing officer appointed by it, to discuss 
4their child's behavior. Such request shall be made by 
5registered or certified mail and shall state the time, place 
6and purpose of the meeting. The board, or a hearing officer 
7appointed by it, at such meeting shall state the reasons for 
8dismissal and the date on which the expulsion is to become 
9effective. If a hearing officer is appointed by the board, he 
10shall report to the board a written summary of the evidence 
11heard at the meeting and the board may take such action thereon 
12as it finds appropriate. If the board acts to expel a pupil, 
13the written expulsion decision shall detail the specific 
14reasons why removing the pupil from the learning environment 
15is in the best interest of the school. The expulsion decision 
16shall also include a rationale as to the specific duration of 
17the expulsion. An expelled pupil may be immediately 
18transferred to an alternative program in the manner provided 
19in Article 13A or 13B of this Code. A pupil must not be denied 
20transfer because of the expulsion, except in cases in which 
21such transfer is deemed to cause a threat to the safety of 
22students or staff in the alternative program.
23 (b) To suspend or by policy to authorize the 
24superintendent of the district or the principal, assistant 
25principal, or dean of students of any school to suspend pupils 
26guilty of gross disobedience or misconduct, or to suspend 
 
 
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1pupils guilty of gross disobedience or misconduct on the 
2school bus from riding the school bus, pursuant to subsections 
3(b-15) and (b-20) of this Section, and no action shall lie 
4against them for such suspension. The board may by policy 
5authorize the superintendent of the district or the principal, 
6assistant principal, or dean of students of any school to 
7suspend pupils guilty of such acts for a period not to exceed 
810 school days. If a pupil is suspended due to gross 
9disobedience or misconduct on a school bus, the board may 
10suspend the pupil in excess of 10 school days for safety 
11reasons. 
12 Any suspension shall be reported immediately to the 
13parents or guardians of a pupil along with a full statement of 
14the reasons for such suspension and a notice of their right to 
15a review. The school board must be given a summary of the 
16notice, including the reason for the suspension and the 
17suspension length. Upon request of the parents or guardians, 
18the school board or a hearing officer appointed by it shall 
19review such action of the superintendent or principal, 
20assistant principal, or dean of students. At such review, the 
21parents or guardians of the pupil may appear and discuss the 
22suspension with the board or its hearing officer. If a hearing 
23officer is appointed by the board, he shall report to the board 
24a written summary of the evidence heard at the meeting. After 
25its hearing or upon receipt of the written report of its 
26hearing officer, the board may take such action as it finds 
 
 
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1appropriate. If a student is suspended pursuant to this 
2subsection (b), the board shall, in the written suspension 
3decision, detail the specific act of gross disobedience or 
4misconduct resulting in the decision to suspend. The 
5suspension decision shall also include a rationale as to the 
6specific duration of the suspension. A pupil who is suspended 
7in excess of 20 school days may be immediately transferred to 
8an alternative program in the manner provided in Article 13A 
9or 13B of this Code. A pupil must not be denied transfer 
10because of the suspension, except in cases in which such 
11transfer is deemed to cause a threat to the safety of students 
12or staff in the alternative program.
13 (b-5) Among the many possible disciplinary interventions 
14and consequences available to school officials, school 
15exclusions, such as out-of-school suspensions and expulsions, 
16are the most serious. School officials shall limit the number 
17and duration of expulsions and suspensions to the greatest 
18extent practicable, and it is recommended that they use them 
19only for legitimate educational purposes. To ensure that 
20students are not excluded from school unnecessarily, it is 
21recommended that school officials consider forms of 
22non-exclusionary discipline prior to using out-of-school 
23suspensions or expulsions.
24 (b-10) Unless otherwise required by federal law or this 
25Code, school boards may not institute zero-tolerance policies 
26by which school administrators are required to suspend or 
 
 
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1expel students for particular behaviors.
2 (b-15) Out-of-school suspensions of 3 days or less may be 
3used only if the student's continuing presence in school would 
4pose a threat to school safety or a disruption to other 
5students' learning opportunities. For purposes of this 
6subsection (b-15), "threat to school safety or a disruption to 
7other students' learning opportunities" shall be determined on 
8a case-by-case basis by the school board or its designee. 
9School officials shall make all reasonable efforts to resolve 
10such threats, address such disruptions, and minimize the 
11length of suspensions to the greatest extent practicable.
12 (b-20) Unless otherwise required by this Code, 
13out-of-school suspensions of longer than 3 days, expulsions, 
14and disciplinary removals to alternative schools may be used 
15only if other appropriate and available behavioral and 
16disciplinary interventions have been exhausted and the 
17student's continuing presence in school would either (i) pose 
18a threat to the safety of other students, staff, or members of 
19the school community or (ii) substantially disrupt, impede, or 
20interfere with the operation of the school. For purposes of 
21this subsection (b-20), "threat to the safety of other 
22students, staff, or members of the school community" and 
23"substantially disrupt, impede, or interfere with the 
24operation of the school" shall be determined on a case-by-case 
25basis by school officials. For purposes of this subsection 
26(b-20), the determination of whether "appropriate and 
 
 
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1available behavioral and disciplinary interventions have been 
2exhausted" shall be made by school officials. School officials 
3shall make all reasonable efforts to resolve such threats, 
4address such disruptions, and minimize the length of student 
5exclusions to the greatest extent practicable. Within the 
6suspension decision described in subsection (b) of this 
7Section or the expulsion decision described in subsection (a) 
8of this Section, it shall be documented whether other 
9interventions were attempted or whether it was determined that 
10there were no other appropriate and available interventions.
11 (b-25) Students who are suspended out-of-school for longer 
12than 4 school days shall be provided appropriate and available 
13support services during the period of their suspension. For 
14purposes of this subsection (b-25), "appropriate and available 
15support services" shall be determined by school authorities. 
16Within the suspension decision described in subsection (b) of 
17this Section, it shall be documented whether such services are 
18to be provided or whether it was determined that there are no 
19such appropriate and available services.
20 A school district may refer students who are expelled to 
21appropriate and available support services.
22 A school district shall create a policy to facilitate the 
23re-engagement of students who are suspended out-of-school, 
24expelled, or returning from an alternative school setting.
25 (b-30) A school district shall create a policy by which 
26suspended pupils, including those pupils suspended from the 
 
 
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1school bus who do not have alternate transportation to school, 
2shall have the opportunity to make up work for equivalent 
3academic credit. It shall be the responsibility of a pupil's 
4parents or guardians to notify school officials that a pupil 
5suspended from the school bus does not have alternate 
6transportation to school. 
7 (b-35) In all suspension review hearings conducted under 
8subsection (b) or expulsion hearings conducted under 
9subsection (a), a student may disclose any factor to be 
10considered in mitigation, including his or her status as a 
11parent, expectant parent, or victim of domestic or sexual 
12violence, as defined in Article 26A. A representative of the 
13parent's or guardian's choice, or of the student's choice if 
14emancipated, must be permitted to represent the student 
15throughout the proceedings and to address the school board or 
16its appointed hearing officer. With the approval of the 
17student's parent or guardian, or of the student if 
18emancipated, a support person must be permitted to accompany 
19the student to any disciplinary hearings or proceedings. The 
20representative or support person must comply with any rules of 
21the school district's hearing process. If the representative 
22or support person violates the rules or engages in behavior or 
23advocacy that harasses, abuses, or intimidates either party, a 
24witness, or anyone else in attendance at the hearing, the 
25representative or support person may be prohibited from 
26further participation in the hearing or proceeding. A 
 
 
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1suspension or expulsion proceeding under this subsection 
2(b-35) must be conducted independently from any ongoing 
3criminal investigation or proceeding, and an absence of 
4pending or possible criminal charges, criminal investigations, 
5or proceedings may not be a factor in school disciplinary 
6decisions.
7 (b-40) During a suspension review hearing conducted under 
8subsection (b) or an expulsion hearing conducted under 
9subsection (a) that involves allegations of sexual violence by 
10the student who is subject to discipline, neither the student 
11nor his or her representative shall directly question nor have 
12direct contact with the alleged victim. The student who is 
13subject to discipline or his or her representative may, at the 
14discretion and direction of the school board or its appointed 
15hearing officer, suggest questions to be posed by the school 
16board or its appointed hearing officer to the alleged victim. 
17 (c) A school board must invite a representative from a 
18local mental health agency to consult with the board at the 
19meeting whenever there is evidence that mental illness may be 
20the cause of a student's expulsion or suspension.
21 (c-5) School districts shall make reasonable efforts to 
22provide ongoing professional development to teachers, 
23administrators, school board members, school resource 
24officers, and staff on the adverse consequences of school 
25exclusion and justice-system involvement, effective classroom 
26management strategies, culturally responsive discipline, the 
 
 
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1appropriate and available supportive services for the 
2promotion of student attendance and engagement, and 
3developmentally appropriate disciplinary methods that promote 
4positive and healthy school climates. 
5 (d) The board may expel a student for a definite period of 
6time not to exceed 2 calendar years, as determined on a 
7case-by-case basis. A student who is determined to have 
8brought one of the following objects to school, any 
9school-sponsored activity or event, or any activity or event 
10that bears a reasonable relationship to school shall be 
11expelled for a period of not less than one year:
12  (1) A firearm. For the purposes of this Section, 
13 "firearm" means any gun, rifle, shotgun, weapon as defined 
14 by Section 921 of Title 18 of the United States Code, 
15 firearm as defined in Section 1.1 of the Firearm Owners 
16 Identification Card Act, or firearm as defined in Section 
17 24-1 of the Criminal Code of 2012. The expulsion period 
18 under this subdivision (1) may be modified by the 
19 superintendent, and the superintendent's determination may 
20 be modified by the board on a case-by-case basis.
21  (2) A knife, brass knuckles or other knuckle weapon 
22 regardless of its composition, a billy club, or any other 
23 object if used or attempted to be used to cause bodily 
24 harm, including "look alikes" of any firearm as defined in 
25 subdivision (1) of this subsection (d). The expulsion 
26 requirement under this subdivision (2) may be modified by 
 
 
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1 the superintendent, and the superintendent's determination 
2 may be modified by the board on a case-by-case basis. 
3Expulsion or suspension shall be construed in a manner 
4consistent with the federal Individuals with Disabilities 
5Education Act. A student who is subject to suspension or 
6expulsion as provided in this Section may be eligible for a 
7transfer to an alternative school program in accordance with 
8Article 13A of the School Code.
9 (d-5) The board may suspend or by regulation authorize the 
10superintendent of the district or the principal, assistant 
11principal, or dean of students of any school to suspend a 
12student for a period not to exceed 10 school days or may expel 
13a student for a definite period of time not to exceed 2 
14calendar years, as determined on a case-by-case basis, if (i) 
15that student has been determined to have made an explicit 
16threat on an Internet website against a school employee, a 
17student, or any school-related personnel, (ii) the Internet 
18website through which the threat was made is a site that was 
19accessible within the school at the time the threat was made or 
20was available to third parties who worked or studied within 
21the school grounds at the time the threat was made, and (iii) 
22the threat could be reasonably interpreted as threatening to 
23the safety and security of the threatened individual because 
24of his or her duties or employment status or status as a 
25student inside the school. 
26 (e) To maintain order and security in the schools, school 
 
 
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1authorities may inspect and search places and areas such as 
2lockers, desks, parking lots, and other school property and 
3equipment owned or controlled by the school, as well as 
4personal effects left in those places and areas by students, 
5without notice to or the consent of the student, and without a 
6search warrant. As a matter of public policy, the General 
7Assembly finds that students have no reasonable expectation of 
8privacy in these places and areas or in their personal effects 
9left in these places and areas. School authorities may request 
10the assistance of law enforcement officials for the purpose of 
11conducting inspections and searches of lockers, desks, parking 
12lots, and other school property and equipment owned or 
13controlled by the school for illegal drugs, weapons, or other 
14illegal or dangerous substances or materials, including 
15searches conducted through the use of specially trained dogs. 
16If a search conducted in accordance with this Section produces 
17evidence that the student has violated or is violating either 
18the law, local ordinance, or the school's policies or rules, 
19such evidence may be seized by school authorities, and 
20disciplinary action may be taken. School authorities may also 
21turn over such evidence to law enforcement authorities.
22 (f) Suspension or expulsion may include suspension or 
23expulsion from school and all school activities and a 
24prohibition from being present on school grounds.
25 (g) A school district may adopt a policy providing that if 
26a student is suspended or expelled for any reason from any 
 
 
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1public or private school in this or any other state, the 
2student must complete the entire term of the suspension or 
3expulsion in an alternative school program under Article 13A 
4of this Code or an alternative learning opportunities program 
5under Article 13B of this Code before being admitted into the 
6school district if there is no threat to the safety of students 
7or staff in the alternative program. A school district that 
8adopts a policy under this subsection (g) must include a 
9provision allowing for consideration of any mitigating 
10factors, including, but not limited to, a student's status as 
11a parent, expectant parent, or victim of domestic or sexual 
12violence, as defined in Article 26A. 
13 (h) School officials shall not advise or encourage 
14students to drop out voluntarily due to behavioral or academic 
15difficulties.
16 (i) A student may not be issued a monetary fine or fee as a 
17disciplinary consequence, though this shall not preclude 
18requiring a student to provide restitution for lost, stolen, 
19or damaged property.
20 (j) Subsections (a) through (i) of this Section shall 
21apply to elementary and secondary schools, charter schools, 
22special charter districts, and school districts organized 
23under Article 34 of this Code. 
24 (k) Through June 30, 2026, the The expulsion of children 
25enrolled in programs funded under Section 1C-2 of this Code is 
26subject to the requirements under paragraph (7) of subsection 
 
 
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1(a) of Section 2-3.71 of this Code.
2 (k-5) On and after July 1, 2026, the expulsion of children 
3enrolled in programs funded under Section 15-25 is subject to 
4the requirements of paragraph (7) of subsection (a) of Section 
515-30 of the Department of Early Childhood Act. 
6 (l) Beginning with the 2018-2019 school year, an in-school 
7suspension program provided by a school district for any 
8students in kindergarten through grade 12 may focus on 
9promoting non-violent conflict resolution and positive 
10interaction with other students and school personnel. A school 
11district may employ a school social worker or a licensed 
12mental health professional to oversee an in-school suspension 
13program in kindergarten through grade 12. 
14(Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25; 
15102-539, eff. 8-20-21; 102-813, eff. 5-13-22.)

16 (105 ILCS 5/21B-50)
17 Sec. 21B-50. Alternative Educator Licensure Program for 
18Teachers.
19 (a) There is established an alternative educator licensure 
20program, to be known as the Alternative Educator Licensure 
21Program for Teachers.
22 (b) The Alternative Educator Licensure Program for 
23Teachers may be offered by a recognized institution approved 
24to offer educator preparation programs by the State Board of 
25Education, in consultation with the State Educator Preparation 
 
 
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1and Licensure Board.
2 The program shall be comprised of up to 3 phases:
3  (1) A course of study that at a minimum includes 
4 instructional planning; instructional strategies, 
5 including special education, reading, and English language 
6 learning; classroom management; and the assessment of 
7 students and use of data to drive instruction.
8  (2) A year of residency, which is a candidate's 
9 assignment to a full-time teaching position or as a 
10 co-teacher for one full school year. An individual must 
11 hold an Educator License with Stipulations with an 
12 alternative provisional educator endorsement in order to 
13 enter the residency. In residency, the candidate must: be 
14 assigned an effective, fully licensed teacher by the 
15 principal or principal equivalent to act as a mentor and 
16 coach the candidate through residency, complete additional 
17 program requirements that address required State and 
18 national standards, pass the State Board's teacher 
19 performance assessment, if required under Section 21B-30, 
20 and be recommended by the principal or qualified 
21 equivalent of a principal, as required under subsection 
22 (d) of this Section, and the program coordinator to be 
23 recommended for full licensure or to continue with a 
24 second year of the residency.
25  (3) (Blank).
26  (4) A comprehensive assessment of the candidate's 
 
 
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1 teaching effectiveness, as evaluated by the principal or 
2 qualified equivalent of a principal, as required under 
3 subsection (d) of this Section, and the program 
4 coordinator, at the end of either the first or the second 
5 year of residency. If there is disagreement between the 2 
6 evaluators about the candidate's teaching effectiveness at 
7 the end of the first year of residency, a second year of 
8 residency shall be required. If there is disagreement 
9 between the 2 evaluators at the end of the second year of 
10 residency, the candidate may complete one additional year 
11 of residency teaching under a professional development 
12 plan developed by the principal or qualified equivalent 
13 and the preparation program. At the completion of the 
14 third year, a candidate must have positive evaluations and 
15 a recommendation for full licensure from both the 
16 principal or qualified equivalent and the program 
17 coordinator or no Professional Educator License shall be 
18 issued.
19 Successful completion of the program shall be deemed to 
20satisfy any other practice or student teaching and content 
21matter requirements established by law.
22 (c) An alternative provisional educator endorsement on an 
23Educator License with Stipulations is valid for up to 2 years 
24of teaching in the public schools, including without 
25limitation a preschool educational program under Section 
262-3.71 of this Code or Section 15-30 of the Department of Early 
 
 
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1Childhood Act or charter school, or in a State-recognized 
2nonpublic school in which the chief administrator is required 
3to have the licensure necessary to be a principal in a public 
4school in this State and in which a majority of the teachers 
5are required to have the licensure necessary to be instructors 
6in a public school in this State, but may be renewed for a 
7third year if needed to complete the Alternative Educator 
8Licensure Program for Teachers. The endorsement shall be 
9issued only once to an individual who meets all of the 
10following requirements:
11  (1) Has graduated from a regionally accredited college 
12 or university with a bachelor's degree or higher.
13  (2) (Blank).
14  (3) Has completed a major in the content area if 
15 seeking a middle or secondary level endorsement or, if 
16 seeking an early childhood, elementary, or special 
17 education endorsement, has completed a major in the 
18 content area of early childhood reading, English/language 
19 arts, mathematics, or one of the sciences. If the 
20 individual does not have a major in a content area for any 
21 level of teaching, he or she must submit transcripts to 
22 the State Board of Education to be reviewed for 
23 equivalency.
24  (4) Has successfully completed phase (1) of subsection 
25 (b) of this Section.
26  (5) Has passed a content area test required for the 
 
 
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1 specific endorsement for admission into the program, as 
2 required under Section 21B-30 of this Code.
3 A candidate possessing the alternative provisional 
4educator endorsement may receive a salary, benefits, and any 
5other terms of employment offered to teachers in the school 
6who are members of an exclusive bargaining representative, if 
7any, but a school is not required to provide these benefits 
8during the years of residency if the candidate is serving only 
9as a co-teacher. If the candidate is serving as the teacher of 
10record, the candidate must receive a salary, benefits, and any 
11other terms of employment. Residency experiences must not be 
12counted towards tenure.
13 (d) The recognized institution offering the Alternative 
14Educator Licensure Program for Teachers must partner with a 
15school district, including without limitation a preschool 
16educational program under Section 2-3.71 of this Code or 
17Section 15-30 of the Department of Early Childhood Act or 
18charter school, or a State-recognized, nonpublic school in 
19this State in which the chief administrator is required to 
20have the licensure necessary to be a principal in a public 
21school in this State and in which a majority of the teachers 
22are required to have the licensure necessary to be instructors 
23in a public school in this State. A recognized institution 
24that partners with a public school district administering a 
25preschool educational program under Section 2-3.71 of this 
26Code or Section 15-30 of the Department of Early Childhood Act 
 
 
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1must require a principal to recommend or evaluate candidates 
2in the program. A recognized institution that partners with an 
3eligible entity administering a preschool educational program 
4under Section 2-3.71 of this Code or Section 15-30 of the 
5Department of Early Childhood Act and that is not a public 
6school district must require a principal or qualified 
7equivalent of a principal to recommend or evaluate candidates 
8in the program. The program presented for approval by the 
9State Board of Education must demonstrate the supports that 
10are to be provided to assist the provisional teacher during 
11the one-year 1-year or 2-year residency period and if the 
12residency period is to be less than 2 years in length, 
13assurances from the partner school districts to provide 
14intensive mentoring and supports through at least the end of 
15the second full year of teaching for educators who completed 
16the Alternative Educator Educators Licensure Program for 
17Teachers in less than 2 years. These supports must, at a 
18minimum, provide additional contact hours with mentors during 
19the first year of residency.
20 (e) Upon completion of phases under paragraphs (1), (2), 
21(4), and, if needed, (3) in subsection (b) of this Section and 
22all assessments required under Section 21B-30 of this Code, an 
23individual shall receive a Professional Educator License.
24 (f) The State Board of Education, in consultation with the 
25State Educator Preparation and Licensure Board, may adopt such 
26rules as may be necessary to establish and implement the 
 
 
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1Alternative Educator Licensure Program for Teachers.
2(Source: P.A. 103-111, eff. 6-29-23; 103-488, eff. 8-4-23; 
3revised 9-1-23.)

4 (105 ILCS 5/22-45)
5 Sec. 22-45. Illinois P-20 Council.
6 (a) The General Assembly finds that preparing Illinoisans 
7for success in school and the workplace requires a continuum 
8of quality education from preschool through graduate school. 
9This State needs a framework to guide education policy and 
10integrate education at every level. A statewide coordinating 
11council to study and make recommendations concerning education 
12at all levels can avoid fragmentation of policies, promote 
13improved teaching and learning, and continue to cultivate and 
14demonstrate strong accountability and efficiency. Establishing 
15an Illinois P-20 Council will develop a statewide agenda that 
16will move the State towards the common goals of improving 
17academic achievement, increasing college access and success, 
18improving use of existing data and measurements, developing 
19improved accountability, fostering innovative approaches to 
20education, promoting lifelong learning, easing the transition 
21to college, and reducing remediation. A pre-kindergarten 
22through grade 20 agenda will strengthen this State's economic 
23competitiveness by producing a highly-skilled workforce. In 
24addition, lifelong learning plans will enhance this State's 
25ability to leverage funding.
 
 
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1 (b) There is created the Illinois P-20 Council. The 
2Illinois P-20 Council shall include all of the following 
3members:
4  (1) The Governor or his or her designee, to serve as 
5 chairperson.
6  (2) Four members of the General Assembly, one 
7 appointed by the Speaker of the House of Representatives, 
8 one appointed by the Minority Leader of the House of 
9 Representatives, one appointed by the President of the 
10 Senate, and one appointed by the Minority Leader of the 
11 Senate.
12  (3) Six at-large members appointed by the Governor as 
13 follows, with 2 members being from the City of Chicago, 2 
14 members being from Lake County, McHenry County, Kane 
15 County, DuPage County, Will County, or that part of Cook 
16 County outside of the City of Chicago, and 2 members being 
17 from the remainder of the State:
18   (A) one representative of civic leaders;
19   (B) one representative of local government;
20   (C) one representative of trade unions;
21   (D) one representative of nonprofit organizations 
22 or foundations;
23   (E) one representative of parents' organizations; 
24 and
25   (F) one education research expert.
26  (4) Five members appointed by statewide business 
 
 
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1 organizations and business trade associations.
2  (5) Six members appointed by statewide professional 
3 organizations and associations representing 
4 pre-kindergarten through grade 20 teachers, community 
5 college faculty, and public university faculty.
6  (6) Two members appointed by associations representing 
7 local school administrators and school board members. One 
8 of these members must be a special education 
9 administrator. 
10  (7) One member representing community colleges, 
11 appointed by the Illinois Council of Community College 
12 Presidents.
13  (8) One member representing 4-year independent 
14 colleges and universities, appointed by a statewide 
15 organization representing private institutions of higher 
16 learning.
17  (9) One member representing public 4-year 
18 universities, appointed jointly by the university 
19 presidents and chancellors.
20  (10) Ex-officio members as follows:
21   (A) The State Superintendent of Education or his 
22 or her designee.
23   (A-5) The Secretary of Early Childhood or the 
24 Secretary's designee. 
25   (B) The Executive Director of the Board of Higher 
26 Education or his or her designee.
 
 
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1   (C) The Executive Director of the Illinois 
2 Community College Board or his or her designee.
3   (D) The Executive Director of the Illinois Student 
4 Assistance Commission or his or her designee.
5   (E) The Co-chairpersons of the Illinois Workforce 
6 Investment Board or their designee.
7   (F) The Director of Commerce and Economic 
8 Opportunity or his or her designee.
9   (G) The Chairperson of the Illinois Early Learning 
10 Council or his or her designee.
11   (H) The President of the Illinois Mathematics and 
12 Science Academy or his or her designee.
13   (I) The president of an association representing 
14 educators of adult learners or his or her designee.
15Ex-officio members shall have no vote on the Illinois P-20 
16Council.
17 Appointed members shall serve for staggered terms expiring 
18on July 1 of the first, second, or third calendar year 
19following their appointments or until their successors are 
20appointed and have qualified. Staggered terms shall be 
21determined by lot at the organizing meeting of the Illinois 
22P-20 Council.
23 Vacancies shall be filled in the same manner as original 
24appointments, and any member so appointed shall serve during 
25the remainder of the term for which the vacancy occurred.
26 (c) The Illinois P-20 Council shall be funded through 
 
 
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1State appropriations to support staff activities, research, 
2data-collection, and dissemination. The Illinois P-20 Council 
3shall be staffed by the Office of the Governor, in 
4coordination with relevant State agencies, boards, and 
5commissions. The Illinois Education Research Council shall 
6provide research and coordinate research collection activities 
7for the Illinois P-20 Council.
8 (d) The Illinois P-20 Council shall have all of the 
9following duties:
10  (1) To make recommendations to do all of the 
11 following:
12   (A) Coordinate pre-kindergarten through grade 20 
13 (graduate school) education in this State through 
14 working at the intersections of educational systems to 
15 promote collaborative infrastructure.
16   (B) Coordinate and leverage strategies, actions, 
17 legislation, policies, and resources of all 
18 stakeholders to support fundamental and lasting 
19 improvement in this State's public schools, community 
20 colleges, and universities.
21   (C) Better align the high school curriculum with 
22 postsecondary expectations.
23   (D) Better align assessments across all levels of 
24 education.
25   (E) Reduce the need for students entering 
26 institutions of higher education to take remedial 
 
 
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1 courses.
2   (F) Smooth the transition from high school to 
3 college.
4   (G) Improve high school and college graduation 
5 rates.
6   (H) Improve the rigor and relevance of academic 
7 standards for college and workforce readiness.
8   (I) Better align college and university teaching 
9 programs with the needs of Illinois schools.
10  (2) To advise the Governor, the General Assembly, the 
11 State's education and higher education agencies, and the 
12 State's workforce and economic development boards and 
13 agencies on policies related to lifelong learning for 
14 Illinois students and families.
15  (3) To articulate a framework for systemic educational 
16 improvement and innovation that will enable every student 
17 to meet or exceed Illinois learning standards and be 
18 well-prepared to succeed in the workforce and community.
19  (4) To provide an estimated fiscal impact for 
20 implementation of all Council recommendations.
21  (5) To make recommendations for short-term and 
22 long-term learning recovery actions for public school 
23 students in this State in the wake of the COVID-19 
24 pandemic. The Illinois P-20 Council shall submit a report 
25 with its recommendations for a multi-year recovery plan by 
26 December 31, 2021 to the Governor, the State Board of 
 
 
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1 Education, the Board of Higher Education, the Illinois 
2 Community College Board, and the General Assembly that 
3 addresses all of the following:
4   (A) Closing the digital divide for all students, 
5 including access to devices, Internet connectivity, 
6 and ensuring that educators have the necessary support 
7 and training to provide high quality remote and 
8 blended learning to students.
9   (B) Evaluating the academic growth and proficiency 
10 of students in order to understand the impact of 
11 school closures and remote and blended remote learning 
12 conditions on student academic outcomes, including 
13 disaggregating data by race, income, diverse learners, 
14 and English learners, in ways that balance the need to 
15 understand that impact with the need to support 
16 student well-being and also take into consideration 
17 the logistical constraints facing schools and 
18 districts.
19   (C) Establishing a system for the collection and 
20 review of student data at the State level, including 
21 data about prekindergarten through higher education 
22 student attendance, engagement and participation, 
23 discipline, and social-emotional and mental health 
24 inputs and outcomes, in order to better understand the 
25 full impact of disrupted learning.
26   (D) Providing students with resources and programs 
 
 
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1 for academic support, such as enrichment 
2 opportunities, tutoring corps, summer bridge programs, 
3 youth leadership and development programs, youth and 
4 community-led restorative and transformative justice 
5 programs, and youth internship and apprenticeship 
6 programs.
7   (E) Providing students with resources and support 
8 to ensure access to social-emotional learning, mental 
9 health services, and trauma responsive, restorative 
10 justice and anti-racist practices in order to support 
11 the growth of the whole child, such as investing in 
12 community schools and providing comprehensive 
13 year-round services and support for both students and 
14 their families.
15   (F) Ensuring more time for students' academic, 
16 social-emotional, and mental health needs by 
17 considering such strategies as: (i) extending planning 
18 time for teachers, (ii) extending the school day and 
19 school year, and (iii) transitioning to year-round 
20 schooling.
21   (G) Strengthening the transition from secondary 
22 education to postsecondary education in the wake of 
23 threats to alignment and affordability created by the 
24 pandemic and related conditions. 
25 (e) The chairperson of the Illinois P-20 Council may 
26authorize the creation of working groups focusing on areas of 
 
 
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1interest to Illinois educational and workforce development, 
2including without limitation the following areas:
3  (1) Preparation, recruitment, and certification of 
4 highly qualified teachers.
5  (2) Mentoring and induction of highly qualified 
6 teachers.
7  (3) The diversity of highly qualified teachers.
8  (4) Funding for highly qualified teachers, including 
9 developing a strategic and collaborative plan to seek 
10 federal and private grants to support initiatives 
11 targeting teacher preparation and its impact on student 
12 achievement.
13  (5) Highly effective administrators.
14  (6) Illinois birth through age 3 education, 
15 pre-kindergarten, and early childhood education.
16  (7) The assessment, alignment, outreach, and network 
17 of college and workforce readiness efforts.
18  (8) Alternative routes to college access.
19  (9) Research data and accountability.
20  (10) Community schools, community participation, and 
21 other innovative approaches to education that foster 
22 community partnerships.
23  (11) Tuition, financial aid, and other issues related 
24 to keeping postsecondary education affordable for Illinois 
25 residents.
26  (12) Learning recovery in the wake of the COVID-19 
 
 
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1 pandemic. 
2 The chairperson of the Illinois P-20 Council may designate 
3Council members to serve as working group chairpersons. 
4Working groups may invite organizations and individuals 
5representing pre-kindergarten through grade 20 interests to 
6participate in discussions, data collection, and 
7dissemination.
8(Source: P.A. 101-654, eff. 3-8-21.)

9 (105 ILCS 5/26-19)
10 Sec. 26-19. Chronic absenteeism in preschool children.
11 (a) In this Section, "chronic absence" has the meaning 
12ascribed to that term in Section 26-18 of this Code.
13 (b) The General Assembly makes all of the following 
14findings: 
15  (1) The early years are an extremely important period 
16 in a child's learning and development.
17  (2) Missed learning opportunities in the early years 
18 make it difficult for a child to enter kindergarten ready 
19 for success.
20  (3) Attendance patterns in the early years serve as 
21 predictors of chronic absenteeism and reduced educational 
22 outcomes in later school years. Therefore, it is crucial 
23 that the implications of chronic absence be understood and 
24 reviewed regularly under the Preschool for All Program and 
25 Preschool for All Expansion Program under Section 2-3.71 
 
 
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1 of this Code. 
2 (c) The Preschool for All Program and Preschool for All 
3Expansion Program under Section 2-3.71 of this Code shall 
4collect and review its chronic absence data and determine what 
5support and resources are needed to positively engage 
6chronically absent students and their families to encourage 
7the habit of daily attendance and promote success.
8 (d) The Preschool for All Program and Preschool for All 
9Expansion Program under Section 2-3.71 of this Code are 
10encouraged to do all of the following: 
11  (1) Provide support to students who are at risk of 
12 reaching or exceeding chronic absence levels.
13  (2) Make resources available to families, such as 
14 those available through the State Board of Education's 
15 Family Engagement Framework, to support and encourage 
16 families to ensure their children's daily program 
17 attendance.
18  (3) Include information about chronic absenteeism as 
19 part of their preschool to kindergarten transition 
20 resources. 
21 (e) On or before July 1, 2020, and annually thereafter, 
22the Preschool for All Program and Preschool for All Expansion 
23Program shall report all data collected under subsection (c) 
24of this Section to the State Board of Education, which shall 
25make the report publicly available via the Illinois Early 
26Childhood Asset Map Internet website and the Preschool for All 
 
 
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1Program or Preschool for All Expansion Program triennial 
2report. 
3 (f) This Section is repealed on July 1, 2026. 
4(Source: P.A. 102-539, eff. 8-20-21.)

5 Section 90-35. The School Construction Law is amended by 
6changing Section 5-300 as follows:

7 (105 ILCS 230/5-300)
8 Sec. 5-300. Early childhood construction grants.
9 (a) The Capital Development Board is authorized to make 
10grants to public school districts and not-for-profit entities 
11for early childhood construction projects, except that in 
12fiscal year 2024 those grants may be made only to public school 
13districts. These grants shall be paid out of moneys 
14appropriated for that purpose from the School Construction 
15Fund, the Build Illinois Bond Fund, or the Rebuild Illinois 
16Projects Fund. No grants may be awarded to entities providing 
17services within private residences. A public school district 
18or other eligible entity must provide local matching funds in 
19the following manner:
20  (1) A public school district assigned to Tier 1 under 
21 Section 18-8.15 of the School Code or any other eligible 
22 entity in an area encompassed by that district must 
23 provide local matching funds in an amount equal to 3% of 
24 the grant awarded under this Section.
 
 
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1  (2) A public school district assigned to Tier 2 under 
2 Section 18-8.15 of the School Code or any other eligible 
3 entity in an area encompassed by that district must 
4 provide local matching funds in an amount equal to 7.5% of 
5 the grant awarded under this Section.
6  (3) A public school district assigned to Tier 3 under 
7 Section 18-8.15 of the School Code or any other eligible 
8 entity in an area encompassed by that district must 
9 provide local matching funds in an amount equal to 8.75% 
10 of the grant awarded under this Section.
11  (4) A public school district assigned to Tier 4 under 
12 Section 18-8.15 of the School Code or any other eligible 
13 entity in an area encompassed by that district must 
14 provide local matching funds in an amount equal to 10% of 
15 the grant awarded under this Section. 
16 A public school district or other eligible entity has no 
17entitlement to a grant under this Section.
18 (b) The Capital Development Board shall adopt rules to 
19implement this Section. These rules need not be the same as the 
20rules for school construction project grants or school 
21maintenance project grants. The rules may specify:
22  (1) the manner of applying for grants;
23  (2) project eligibility requirements;
24  (3) restrictions on the use of grant moneys;
25  (4) the manner in which school districts and other 
26 eligible entities must account for the use of grant 
 
 
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1 moneys;
2  (5) requirements that new or improved facilities be 
3 used for early childhood and other related programs for a 
4 period of at least 10 years; and 
5  (6) any other provision that the Capital Development 
6 Board determines to be necessary or useful for the 
7 administration of this Section.
8 (b-5) When grants are made to non-profit corporations for 
9the acquisition or construction of new facilities, the Capital 
10Development Board or any State agency it so designates shall 
11hold title to or place a lien on the facility for a period of 
1210 years after the date of the grant award, after which title 
13to the facility shall be transferred to the non-profit 
14corporation or the lien shall be removed, provided that the 
15non-profit corporation has complied with the terms of its 
16grant agreement. When grants are made to non-profit 
17corporations for the purpose of renovation or rehabilitation, 
18if the non-profit corporation does not comply with item (5) of 
19subsection (b) of this Section, the Capital Development Board 
20or any State agency it so designates shall recover the grant 
21pursuant to the procedures outlined in the Illinois Grant 
22Funds Recovery Act.
23 (c) The Capital Development Board, in consultation with 
24the State Board of Education, shall establish standards for 
25the determination of priority needs concerning early childhood 
26projects based on projects located in communities in the State 
 
 
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1with the greatest underserved population of young children, 
2utilizing Census data and other reliable local early childhood 
3service data.
4 (d) In each school year in which early childhood 
5construction project grants are awarded, 20% of the total 
6amount awarded shall be awarded to a school district with a 
7population of more than 500,000, provided that the school 
8district complies with the requirements of this Section and 
9the rules adopted under this Section.
10 (e) This Section is repealed on July 1, 2026. 
11(Source: P.A. 102-16, eff. 6-17-21; 103-8, eff. 6-7-23.)

12 Section 90-40. The Early Childhood Access Consortium for 
13Equity Act is amended by changing Sections 25 and 35 as 
14follows:

15 (110 ILCS 28/25)
16 Sec. 25. Advisory committee; membership. 
17 (a) The Board of Higher Education, the Illinois Community 
18College Board, the State Board of Education, the Department of 
19Human Services, and the Department of Early Childhood 
20Governor's Office of Early Childhood Development shall jointly 
21convene a Consortium advisory committee to provide guidance on 
22the operation of the Consortium.
23 (b) Membership on the advisory committee shall be 
24comprised of employers and experts appointed by the Board of 
 
 
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1Higher Education, the Illinois Community College Board, the 
2Department of Early Childhood, the Department of Human 
3Services Governor's Office of Early Childhood Development, and 
4the State Board of Education. Membership shall also include 
5all of the following members:
6  (1) An employer from a community-based child care 
7 provider, appointed by the Department of Human Services 
8 Governor's Office of Early Childhood Development.
9  (2) An employer from a for-profit child care provider, 
10 appointed by the Department of Human Services Governor's 
11 Office of Early Childhood Development.
12  (3) An employer from a nonprofit child care provider, 
13 appointed by the Department of Human Services Governor's 
14 Office of Early Childhood Development.
15  (4) A provider of family child care, appointed by the 
16 Department of Human Services Governor's Office of Early 
17 Childhood Development.
18  (5) An employer located in southern Illinois, 
19 appointed by the Department of Early Childhood Governor's 
20 Office of Early Childhood Development.
21  (6) An employer located in central Illinois, appointed 
22 by the Department of Early Childhood Governor's Office of 
23 Early Childhood Development.
24  (7) At least one member who represents an urban school 
25 district, appointed by the State Board of Education.
26  (8) At least one member who represents a suburban 
 
 
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1 school district, appointed by the State Board of 
2 Education.
3  (9) At least one member who represents a rural school 
4 district, appointed by the State Board of Education.
5  (10) At least one member who represents a school 
6 district in a city with a population of 500,000 or more, 
7 appointed by the State Board of Education.
8  (11) Two early childhood advocates with statewide 
9 expertise in early childhood workforce issues, appointed 
10 by the Department of Early Childhood Governor's Office of 
11 Early Childhood Development.
12  (12) The Chairperson or Vice-Chairperson and the 
13 Minority Spokesperson or a designee of the Senate 
14 Committee on Higher Education.
15  (13) The Chairperson or Vice-Chairperson and the 
16 Minority Spokesperson or a designee of the House Committee 
17 on Higher Education.
18  (14) One member representing the Illinois Community 
19 College Board, who shall serve as co-chairperson, 
20 appointed by the Illinois Community College Board.
21  (15) One member representing the Board of Higher 
22 Education, who shall serve as co-chairperson, appointed by 
23 the Board of Higher Education.
24  (16) One member representing the Illinois Student 
25 Assistance Commission, appointed by the Board of Higher 
26 Education.
 
 
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1  (17) One member representing the State Board of 
2 Education, who shall serve as co-chairperson, appointed by 
3 the State Board of Education.
4  (18) One member representing the Department of Early 
5 Childhood Governor's Office of Early Childhood 
6 Development, who shall serve as co-chairperson, appointed 
7 by the Department of Early Childhood Governor's Office of 
8 Early Childhood Development.
9  (19) One member representing the Department of Human 
10 Services, who shall serve as co-chairperson, appointed by 
11 the Department of Human Services Governor's Office of 
12 Early Childhood Development.
13  (20) One member representing INCCRRA, appointed by the 
14 Department of Early Childhood Governor's Office of Early 
15 Childhood Development.
16  (21) One member representing the Department of 
17 Children and Family Services, appointed by the Department 
18 of Children and Family Services Governor's Office of Early 
19 Childhood Development.
20  (22) One member representing an organization that 
21 advocates on behalf of community college trustees, 
22 appointed by the Illinois Community College Board.
23  (23) One member of a union representing child care and 
24 early childhood providers, appointed by the Department of 
25 Human Services Governor's Office of Early Childhood 
26 Development.
 
 
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1  (24) Two members of unions representing higher 
2 education faculty, appointed by the Board of Higher 
3 Education.
4  (25) A representative from the College of Education of 
5 an urban public university, appointed by the Board of 
6 Higher Education.
7  (26) A representative from the College of Education of 
8 a suburban public university, appointed by the Board of 
9 Higher Education.
10  (27) A representative from the College of Education of 
11 a rural public university, appointed by the Board of 
12 Higher Education.
13  (28) A representative from the College of Education of 
14 a private university, appointed by the Board of Higher 
15 Education.
16  (29) A representative of an urban community college, 
17 appointed by the Illinois Community College Board.
18  (30) A representative of a suburban community college, 
19 appointed by the Illinois Community College Board.
20  (31) A representative of rural community college, 
21 appointed by the Illinois Community College Board.
22 (c) The advisory committee shall meet quarterly. The 
23committee meetings shall be open to the public in accordance 
24with the provisions of the Open Meetings Act.
25(Source: P.A. 102-174, eff. 7-28-21.)

 
 
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1 (110 ILCS 28/35)
2 Sec. 35. Goals and metrics.
3 (a) By July 1, 2021 or within 60 days after the effective 
4date of this amendatory Act of the 102nd General Assembly, the 
5Board of Higher Education's Strategic Plan Educator Workforce 
6subgroup on the early childhood workforce must set goals for 
7the Consortium for the enrollment, persistence, and completion 
8of members of the incumbent workforce in associate, 
9bachelor's, and master's degree programs, Gateways Credentials 
10in Level 2, 3, or 4, and Professional Educator Licensure by 
11September 30, 2024. The goals set for the Consortium must be 
12data informed and include targets for annual enrollment and 
13persistence.
14 (b) Data from the Gateways Registry, March 2020, indicates 
15that there are 7,670 individuals with an associate degree who 
16would benefit from progressing to a baccalaureate degree and 
1720,467 individuals with a high school diploma or some college 
18who would benefit from progressing to an associate degree. If 
19the goals cannot be set in accordance with subsection (a), the 
20goal for the Consortium shall be that by September 30, 2024, 
2120% of the individuals described in this subsection (b) who do 
22not have a degree will have enrolled and be persisting toward 
23or have attained a Gateways Credential in Level 2, 3, or 4 or 
24an associate degree and, of the individuals who have an 
25associate degree, will be enrolled and persisting toward or 
26have attained a baccalaureate degree or will be persisting 
 
 
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1toward or have attained a Professional Educator License.
2 (c) Student financial aid, including incentives and 
3stipends, data-sharing, and professional statewide engagement 
4and marketing campaign and recruitment efforts are critical to 
5the Consortium's ability to quickly attract and enroll 
6students into these programs. Navigators, mentors, and 
7advisors are critical for persistence and completion. If 
8federal funds are not appropriated for these purposes and the 
9other purposes of this Section, the Board of Higher Education, 
10the Illinois Community College Board, the State Board of 
11Education, the Department of Human Services, and the 
12Department of Early Childhood Governor's Office of Early 
13Childhood Development, in consultation with the advisory 
14committee, shall adjust the initial target metrics 
15appropriately by adopting challenging goals that may be 
16attainable with less public investment.
17 (d) The Board of Higher Education, the Illinois Community 
18College Board, the State Board of Education, the Department of 
19Human Services, and the Department of Early Childhood 
20Governor's Office of Early Childhood Development, in 
21consultation with the advisory committee, shall determine new 
22metrics and goals for the Consortium as they relate to the 
23remaining and future early childhood workforce, to be 
24instituted after the close of the 2024-2025 academic year and 
25going forward. Metrics must take into consideration that the 
26pipeline depends on sustained, increased student enrollment 
 
 
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1and completion rates at the associate degree level if this 
2State aims to continue with sustained, increased student 
3enrollment and completion at the bachelor's degree level.
4(Source: P.A. 102-174, eff. 7-28-21.)

5 Section 90-45. The Illinois Public Aid Code is amended by 
6changing Sections 2-12, 2-12.5, 9A-11, 9A-11.5, and 9A-17 as 
7follows:

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

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

19 (305 ILCS 5/9A-11) (from Ch. 23, par. 9A-11)
20 Sec. 9A-11. Child care. 
21 (a) The General Assembly recognizes that families with 
22children need child care in order to work. Child care is 
23expensive and families with limited access to economic 
24resources, including those who are transitioning from welfare 
25to work, often struggle to pay the costs of day care. The 
 
 
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1General Assembly understands the importance of helping working 
2families with limited access to economic resources become and 
3remain self-sufficient. The General Assembly also believes 
4that it is the responsibility of families to share in the costs 
5of child care. It is also the preference of the General 
6Assembly that all working families with limited access to 
7economic resources should be treated equally, regardless of 
8their welfare status.
9 (b) To the extent resources permit, the Illinois 
10Department shall provide child care services to parents or 
11other relatives as defined by rule who are working or 
12participating in employment or Department approved education 
13or training programs. At a minimum, the Illinois Department 
14shall cover the following categories of families:
15  (1) recipients of TANF under Article IV participating 
16 in work and training activities as specified in the 
17 personal plan for employment and self-sufficiency;
18  (2) families transitioning from TANF to work;
19  (3) families at risk of becoming recipients of TANF;
20  (4) families with special needs as defined by rule;
21  (5) working families with very low incomes as defined 
22 by rule;
23  (6) families that are not recipients of TANF and that 
24 need child care assistance to participate in education and 
25 training activities; 
26  (7) youth in care, as defined in Section 4d of the 
 
 
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1 Children and Family Services Act, who are parents, 
2 regardless of income or whether they are working or 
3 participating in Department-approved employment or 
4 education or training programs. Any family that receives 
5 child care assistance in accordance with this paragraph 
6 shall receive one additional 12-month child care 
7 eligibility period after the parenting youth in care's 
8 case with the Department of Children and Family Services 
9 is closed, regardless of income or whether the parenting 
10 youth in care is working or participating in 
11 Department-approved employment or education or training 
12 programs;
13  (8) families receiving Extended Family Support Program 
14 services from the Department of Children and Family 
15 Services, regardless of income or whether they are working 
16 or participating in Department-approved employment or 
17 education or training programs; and
18  (9) families with children under the age of 5 who have 
19 an open intact family services case with the Department of 
20 Children and Family Services. Any family that receives 
21 child care assistance in accordance with this paragraph 
22 shall remain eligible for child care assistance 6 months 
23 after the child's intact family services case is closed, 
24 regardless of whether the child's parents or other 
25 relatives as defined by rule are working or participating 
26 in Department approved employment or education or training 
 
 
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1 programs. The Department of Early Childhood Human 
2 Services, in consultation with the Department of Children 
3 and Family Services, shall adopt rules to protect the 
4 privacy of families who are the subject of an open intact 
5 family services case when such families enroll in child 
6 care services. Additional rules shall be adopted to offer 
7 children who have an open intact family services case the 
8 opportunity to receive an Early Intervention screening and 
9 other services that their families may be eligible for as 
10 provided by the Department of Human Services. 
11 Beginning October 1, 2027 2023, and every October 1 
12thereafter, the Department of Children and Family Services 
13shall report to the General Assembly on the number of children 
14who received child care via vouchers paid for by the 
15Department of Early Childhood Children and Family Services 
16during the preceding fiscal year. The report shall include the 
17ages of children who received child care, the type of child 
18care they received, and the number of months they received 
19child care. 
20 The Department shall specify by rule the conditions of 
21eligibility, the application process, and the types, amounts, 
22and duration of services. Eligibility for child care benefits 
23and the amount of child care provided may vary based on family 
24size, income, and other factors as specified by rule.
25 The Department shall update the Child Care Assistance 
26Program Eligibility Calculator posted on its website to 
 
 
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1include a question on whether a family is applying for child 
2care assistance for the first time or is applying for a 
3redetermination of eligibility. 
4 A family's eligibility for child care services shall be 
5redetermined no sooner than 12 months following the initial 
6determination or most recent redetermination. During the 
712-month periods, the family shall remain eligible for child 
8care services regardless of (i) a change in family income, 
9unless family income exceeds 85% of State median income, or 
10(ii) a temporary change in the ongoing status of the parents or 
11other relatives, as defined by rule, as working or attending a 
12job training or educational program. 
13 In determining income eligibility for child care benefits, 
14the Department annually, at the beginning of each fiscal year, 
15shall establish, by rule, one income threshold for each family 
16size, in relation to percentage of State median income for a 
17family of that size, that makes families with incomes below 
18the specified threshold eligible for assistance and families 
19with incomes above the specified threshold ineligible for 
20assistance. Through and including fiscal year 2007, the 
21specified threshold must be no less than 50% of the 
22then-current State median income for each family size. 
23Beginning in fiscal year 2008, the specified threshold must be 
24no less than 185% of the then-current federal poverty level 
25for each family size. Notwithstanding any other provision of 
26law or administrative rule to the contrary, beginning in 
 
 
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1fiscal year 2019, the specified threshold for working families 
2with very low incomes as defined by rule must be no less than 
3185% of the then-current federal poverty level for each family 
4size. Notwithstanding any other provision of law or 
5administrative rule to the contrary, beginning in State fiscal 
6year 2022 through State fiscal year 2023, the specified income 
7threshold shall be no less than 200% of the then-current 
8federal poverty level for each family size. Beginning in State 
9fiscal year 2024, the specified income threshold shall be no 
10less than 225% of the then-current federal poverty level for 
11each family size. 
12 In determining eligibility for assistance, the Department 
13shall not give preference to any category of recipients or 
14give preference to individuals based on their receipt of 
15benefits under this Code.
16 Nothing in this Section shall be construed as conferring 
17entitlement status to eligible families.
18 The Illinois Department is authorized to lower income 
19eligibility ceilings, raise parent co-payments, create waiting 
20lists, or take such other actions during a fiscal year as are 
21necessary to ensure that child care benefits paid under this 
22Article do not exceed the amounts appropriated for those child 
23care benefits. These changes may be accomplished by emergency 
24rule under Section 5-45 of the Illinois Administrative 
25Procedure Act, except that the limitation on the number of 
26emergency rules that may be adopted in a 24-month period shall 
 
 
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1not apply.
2 The Illinois Department may contract with other State 
3agencies or child care organizations for the administration of 
4child care services.
5 (c) Payment shall be made for child care that otherwise 
6meets the requirements of this Section and applicable 
7standards of State and local law and regulation, including any 
8requirements the Illinois Department promulgates by rule. 
9Through June 30, 2026, the rules of this Section include 
10licensure requirements adopted by the Department of Children 
11and Family Services. On and after July 1, 2026, the rules of 
12this Section include licensure requirements adopted by the 
13Department of Early Childhood. In addition, the regulations of 
14this Section include the in addition to the licensure 
15requirements promulgated by the Department of Children and 
16Family Services and Fire Prevention and Safety requirements 
17promulgated by the Office of the State Fire Marshal, and is 
18provided in any of the following:
19  (1) a child care center which is licensed or exempt 
20 from licensure pursuant to Section 2.09 of the Child Care 
21 Act of 1969;
22  (2) a licensed child care home or home exempt from 
23 licensing;
24  (3) a licensed group child care home;
25  (4) other types of child care, including child care 
26 provided by relatives or persons living in the same home 
 
 
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1 as the child, as determined by the Illinois Department by 
2 rule.
3 (c-5) Solely for the purposes of coverage under the 
4Illinois Public Labor Relations Act, child and day care home 
5providers, including licensed and license exempt, 
6participating in the Department's child care assistance 
7program shall be considered to be public employees and the 
8State of Illinois shall be considered to be their employer as 
9of January 1, 2006 (the effective date of Public Act 94-320), 
10but not before. The State shall engage in collective 
11bargaining with an exclusive representative of child and day 
12care home providers participating in the child care assistance 
13program concerning their terms and conditions of employment 
14that are within the State's control. Nothing in this 
15subsection shall be understood to limit the right of families 
16receiving services defined in this Section to select child and 
17day care home providers or supervise them within the limits of 
18this Section. The State shall not be considered to be the 
19employer of child and day care home providers for any purposes 
20not specifically provided in Public Act 94-320, including, but 
21not limited to, purposes of vicarious liability in tort and 
22purposes of statutory retirement or health insurance benefits. 
23Child and day care home providers shall not be covered by the 
24State Employees Group Insurance Act of 1971.
25 In according child and day care home providers and their 
26selected representative rights under the Illinois Public Labor 
 
 
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1Relations Act, the State intends that the State action 
2exemption to application of federal and State antitrust laws 
3be fully available to the extent that their activities are 
4authorized by Public Act 94-320. 
5 (d) The Illinois Department shall establish, by rule, a 
6co-payment scale that provides for cost sharing by families 
7that receive child care services, including parents whose only 
8income is from assistance under this Code. The co-payment 
9shall be based on family income and family size and may be 
10based on other factors as appropriate. Co-payments may be 
11waived for families whose incomes are at or below the federal 
12poverty level.
13 (d-5) The Illinois Department, in consultation with its 
14Child Care and Development Advisory Council, shall develop a 
15plan to revise the child care assistance program's co-payment 
16scale. The plan shall be completed no later than February 1, 
172008, and shall include:
18  (1) findings as to the percentage of income that the 
19 average American family spends on child care and the 
20 relative amounts that low-income families and the average 
21 American family spend on other necessities of life; 
22  (2) recommendations for revising the child care 
23 co-payment scale to assure that families receiving child 
24 care services from the Department are paying no more than 
25 they can reasonably afford;
26  (3) recommendations for revising the child care 
 
 
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1 co-payment scale to provide at-risk children with complete 
2 access to Preschool for All and Head Start; and
3  (4) recommendations for changes in child care program 
4 policies that affect the affordability of child care. 
5 (e) (Blank).
6 (f) The Illinois Department shall, by rule, set rates to 
7be paid for the various types of child care. Child care may be 
8provided through one of the following methods:
9  (1) arranging the child care through eligible 
10 providers by use of purchase of service contracts or 
11 vouchers;
12  (2) arranging with other agencies and community 
13 volunteer groups for non-reimbursed child care;
14  (3) (blank); or
15  (4) adopting such other arrangements as the Department 
16 determines appropriate.
17 (f-1) Within 30 days after June 4, 2018 (the effective 
18date of Public Act 100-587), the Department of Human Services 
19shall establish rates for child care providers that are no 
20less than the rates in effect on January 1, 2018 increased by 
214.26%. 
22 (f-5) (Blank).
23 (g) Families eligible for assistance under this Section 
24shall be given the following options:
25  (1) receiving a child care certificate issued by the 
26 Department or a subcontractor of the Department that may 
 
 
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1 be used by the parents as payment for child care and 
2 development services only; or
3  (2) if space is available, enrolling the child with a 
4 child care provider that has a purchase of service 
5 contract with the Department or a subcontractor of the 
6 Department for the provision of child care and development 
7 services. The Department may identify particular priority 
8 populations for whom they may request special 
9 consideration by a provider with purchase of service 
10 contracts, provided that the providers shall be permitted 
11 to maintain a balance of clients in terms of household 
12 incomes and families and children with special needs, as 
13 defined by rule.
14(Source: P.A. 102-491, eff. 8-20-21; 102-813, eff. 5-13-22; 
15102-926, eff. 5-27-22; 103-8, eff. 6-7-23.)

16 (305 ILCS 5/9A-11.5)
17 Sec. 9A-11.5. Investigate child care providers. 
18 (a) Through June 30, 2026, any Any child care provider 
19receiving funds from the child care assistance program under 
20this Code who is not required to be licensed under the Child 
21Care Act of 1969 shall, as a condition of eligibility to 
22participate in the child care assistance program under this 
23Code, authorize in writing on a form prescribed by the 
24Department of Children and Family Services, periodic 
25investigations of the Central Register, as defined in the 
 
 
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1Abused and Neglected Child Reporting Act, to ascertain if the 
2child care provider has been determined to be a perpetrator in 
3an indicated report of child abuse or neglect. The Department 
4of Children and Family Services shall conduct an investigation 
5of the Central Register at the request of the Department of 
6Human Services. 
7 (a-5) On and after July 1, 2026, any child care provider 
8receiving funds from the child care assistance program under 
9this Code who is not required to be licensed under the Child 
10Care Act of 1969 shall, as a condition of eligibility to 
11participate in the child care assistance program under this 
12Code, authorize in writing on a form prescribed by the 
13Department of Early Childhood, periodic investigations of the 
14Central Register, as defined in the Abused and Neglected Child 
15Reporting Act, to ascertain if the child care provider has 
16been determined to be a perpetrator in an indicated report of 
17child abuse or neglect. 
18 (b) Any child care provider, other than a relative of the 
19child, receiving funds from the child care assistance program 
20under this Code who is not required to be licensed under the 
21Child Care Act of 1969 shall, as a condition of eligibility to 
22participate in the child care assistance program under this 
23Code, authorize in writing a State and Federal Bureau of 
24Investigation fingerprint-based criminal history record check 
25to determine if the child care provider has ever been 
26convicted of a crime with respect to which the conviction has 
 
 
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1not been overturned and the criminal records have not been 
2sealed or expunged. Upon this authorization, the Department 
3shall request and receive information and assistance from any 
4federal or State governmental agency as part of the authorized 
5criminal history record check. The Illinois State Police shall 
6provide information concerning any conviction that has not 
7been overturned and with respect to which the criminal records 
8have not been sealed or expunged, whether the conviction 
9occurred before or on or after the effective date of this 
10amendatory Act of the 96th General Assembly, of a child care 
11provider upon the request of the Department when the request 
12is made in the form and manner required by the Illinois State 
13Police. The Illinois State Police shall charge a fee not to 
14exceed the cost of processing the criminal history record 
15check. The fee is to be deposited into the State Police 
16Services Fund. Any information concerning convictions that 
17have not been overturned and with respect to which the 
18criminal records have not been sealed or expunged obtained by 
19the Department is confidential and may not be transmitted (i) 
20outside the Department except as required in this Section or 
21(ii) to anyone within the Department except as needed for the 
22purposes of determining participation in the child care 
23assistance program. A copy of the criminal history record 
24check obtained from the Illinois State Police shall be 
25provided to the unlicensed child care provider. 
26 (c) The Department shall by rule set standards for 
 
 
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1determining when to disqualify an unlicensed child care 
2provider for payment because (i) there is an indicated finding 
3against the provider based on the results of the Central 
4Register search or (ii) there is a disqualifying criminal 
5charge pending against the provider or the provider has a 
6disqualifying criminal conviction that has not been overturned 
7and with respect to which the criminal records have not been 
8expunged or sealed based on the results of the 
9fingerprint-based Illinois State Police and Federal Bureau of 
10Investigation criminal history record check. In determining 
11whether to disqualify an unlicensed child care provider for 
12payment under this subsection, the Department shall consider 
13the nature and gravity of any offense or offenses; the time 
14that has passed since the offense or offenses or the 
15completion of the criminal sentence or both; and the 
16relationship of the offense or offenses to the 
17responsibilities of the child care provider. 
18(Source: P.A. 102-538, eff. 8-20-21.)

19 (305 ILCS 5/9A-17)
20 Sec. 9A-17. Smart Start Child Care Program. Subject to 
21appropriation, the Department of Human Services shall 
22establish the Smart Start Child Care Program. The Smart Start 
23Child Care Program shall focus on creating affordable child 
24care, as well as increasing access to child care, for Illinois 
25residents and may include, but is not limited to, providing 
 
 
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1funding to increase preschool availability, providing funding 
2for childcare workforce compensation or capital investments, 
3and expanding funding for Early Childhood Access Consortium 
4for Equity Scholarships. The Department shall establish 
5program eligibility criteria, participation conditions, 
6payment levels, and other program requirements by rule. The 
7Department of Human Services may consult with the Capital 
8Development Board, the Department of Commerce and Economic 
9Opportunity, and the Illinois Housing Development Authority in 
10the management and disbursement of funds for capital-related 
11projects. The Capital Development Board, the Department of 
12Commerce and Economic Opportunity, and the Illinois Housing 
13Development Authority shall act in a consulting role only for 
14the evaluation of applicants, scoring of applicants, or 
15administration of the grant program.
16 This Section is repealed on July 1, 2026. 
17(Source: P.A. 103-8, eff. 6-7-23.)

18 Section 90-50. The Early Intervention Services System Act 
19is amended by adding Section 20.1 as follows:

20 (325 ILCS 20/20.1 new)
21 Sec. 20.1. Repeal. This Act is repealed on July 1, 2026.

22 Section 90-55. The Infant/Early Childhood Mental Health 
23Consultations Act is amended by changing Section 35-5 as 
 
 
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1follows:

2 (405 ILCS 47/35-5)
3 Sec. 35-5. Findings; policies. 
4 (a) The General Assembly finds the following:
5  (1) Social and emotional development is a core 
6 developmental domain in young children and is codified in 
7 the Illinois Early Learning Standards.
8  (2) Fostering social and emotional development in 
9 early childhood means both providing the supportive 
10 settings and interactions to maximize healthy social and 
11 emotional development for all children, as well as 
12 providing communities, programs, and providers with 
13 systems of tiered supports with training to respond to 
14 more significant social and emotional challenges or where 
15 experiences of trauma may be more prevalent.
16  (3) Early care and education programs and providers, 
17 across a range of settings, have an important role to play 
18 in supporting young children and families, especially 
19 those who face greater challenges, such as trauma 
20 exposure, social isolation, pervasive poverty, and toxic 
21 stress; if programs, teaching staff, caregivers, and 
22 providers are not provided with the support, services, and 
23 training needed to accomplish these goals, it can lead to 
24 children and families being asked to leave programs, 
25 particularly without connection to more appropriate 
 
 
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1 services, thereby creating a disruption in learning and 
2 social-emotional development; investments in reflective 
3 supervision, professional development specific to 
4 diversity, equity and inclusion practice, culturally 
5 responsive training, implicit bias training, and how 
6 trauma experienced during the early years can manifest in 
7 challenging behaviors will create systems for serving 
8 children that are informed in developmentally appropriate 
9 and responsive supports.
10  (4) Studies have shown that the expulsion of infants, 
11 toddlers, and young children in early care and education 
12 settings is occurring at alarmingly high rates, more than 
13 3 times that of students in K-12; further, expulsion 
14 occurs more frequently for Black children and Latinx 
15 children and more frequently for boys than for girls, with 
16 Black boys being most frequently expelled; there is 
17 evidence to show that the expulsion of Black girls is 
18 occurring with increasing frequency.
19  (5) Illinois took its first steps toward addressing 
20 this disparity through Public Act 100-105 to prohibit 
21 expulsion due to child behavior in early care and 
22 education settings, but further work is needed to 
23 implement this law, including strengthening provider 
24 understanding of a successful transition and beginning to 
25 identify strategies to reduce "soft expulsions" and to 
26 ensure more young children and their teachers, providers, 
 
 
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1 and caregivers, in a range of early care and education 
2 settings, can benefit from services, such as Infant/Early 
3 Childhood Mental Health Consultations (I/ECMHC) and 
4 positive behavior interventions and supports such as the 
5 Pyramid Model.
6  (6) I/ECMHC is a critical component needed to align 
7 social-emotional well-being with the public health model 
8 of promotion, prevention, and intervention across early 
9 care and education systems.
10 (b) The General Assembly encourages that all of the 
11following actions be taken by:
12  (1) the State to increase the availability of 
13 Infant/Early Childhood Mental Health Consultations 
14 (I/ECMHC) through increased funding in early childhood 
15 programs and sustainable funding for coordination of 
16 I/ECMHC and other social and emotional support at the 
17 State level;
18  (2) the Department of Human Services (IDHS), the 
19 Illinois State Board of Education (ISBE), the Governor's 
20 Office of Early Childhood Development (GOECD), and other 
21 relevant agencies to develop and promote 
22 provider-accessible and parent-accessible materials, 
23 including native language, on the role and value of 
24 I/ECMHC, including targeted promotion in underserved 
25 communities, and promote the use of existing I/ECMHCs, the 
26 I/ECMHC consultant database, or other existing services;
 
 
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1  (3) the State to increase funding to promote and 
2 provide training and implementation support for systems of 
3 tiered support, such as the Pyramid Model, across early 
4 childhood settings and urge DHS, ISBE, GOECD, and other 
5 relevant State agencies to coordinate efforts and develop 
6 strategies to provide outreach to and support providers in 
7 underserved communities and communities with fewer 
8 programmatic resources; and
9  (4) ISBE and DCFS to provide the data required by 
10 Public Act 100-105, even if the data is incomplete at the 
11 time due to data system challenges.
12 (c) This Section is repealed on July 1, 2026. 
13(Source: P.A. 101-654, eff. 3-8-21.)

14 Section 90-60. The Children's Mental Health Act is amended 
15by changing Section 5 as follows:

16 (405 ILCS 49/5)
17 Sec. 5. Children's Mental Health Partnership; Children's 
18Mental Health Plan. 
19 (a) The Children's Mental Health Partnership (hereafter 
20referred to as "the Partnership") created under Public Act 
2193-495 and continued under Public Act 102-899 shall advise 
22State agencies on designing and implementing short-term and 
23long-term strategies to provide comprehensive and coordinated 
24services for children from birth to age 25 and their families 
 
 
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1with the goal of addressing children's mental health needs 
2across a full continuum of care, including social determinants 
3of health, prevention, early identification, and treatment. 
4The recommended strategies shall build upon the 
5recommendations in the Children's Mental Health Plan of 2022 
6and may include, but are not limited to, recommendations 
7regarding the following:
8  (1) Increasing public awareness on issues connected to 
9 children's mental health and wellness to decrease stigma, 
10 promote acceptance, and strengthen the ability of 
11 children, families, and communities to access supports.
12  (2) Coordination of programs, services, and policies 
13 across child-serving State agencies to best monitor and 
14 assess spending, as well as foster innovation of adaptive 
15 or new practices.
16  (3) Funding and resources for children's mental health 
17 prevention, early identification, and treatment across 
18 child-serving State agencies.
19  (4) Facilitation of research on best practices and 
20 model programs and dissemination of this information to 
21 State policymakers, practitioners, and the general public.
22  (5) Monitoring programs, services, and policies 
23 addressing children's mental health and wellness.
24  (6) Growing, retaining, diversifying, and supporting 
25 the child-serving workforce, with special emphasis on 
26 professional development around child and family mental 
 
 
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1 health and wellness services.
2  (7) Supporting the design, implementation, and 
3 evaluation of a quality-driven children's mental health 
4 system of care across all child services that prevents 
5 mental health concerns and mitigates trauma.
6  (8) Improving the system to more effectively meet the 
7 emergency and residential placement needs for all children 
8 with severe mental and behavioral challenges.
9 (b) The Partnership shall have the responsibility of 
10developing and updating the Children's Mental Health Plan and 
11advising the relevant State agencies on implementation of the 
12Plan. The Children's Mental Health Partnership shall be 
13comprised of the following members:
14  (1) The Governor or his or her designee. 
15  (2) The Attorney General or his or her designee. 
16  (3) The Secretary of the Department of Human Services 
17 or his or her designee. 
18  (4) The State Superintendent of Education or his or 
19 her designee. 
20  (5) The Director of the Department of Children and 
21 Family Services or his or her designee. 
22  (6) The Director of the Department of Healthcare and 
23 Family Services or his or her designee. 
24  (7) The Director of the Department of Public Health or 
25 his or her designee. 
26  (8) The Director of the Department of Juvenile Justice 
 
 
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1 or his or her designee. 
2  (9) The Secretary of Early Childhood Executive 
3 Director of the Governor's Office of Early Childhood 
4 Development or his or her designee. 
5  (10) The Director of the Criminal Justice Information 
6 Authority or his or her designee. 
7  (11) One member of the General Assembly appointed by 
8 the Speaker of the House. 
9  (12) One member of the General Assembly appointed by 
10 the President of the Senate. 
11  (13) One member of the General Assembly appointed by 
12 the Minority Leader of the Senate. 
13  (14) One member of the General Assembly appointed by 
14 the Minority Leader of the House. 
15  (15) Up to 25 representatives from the public 
16 reflecting a diversity of age, gender identity, race, 
17 ethnicity, socioeconomic status, and geographic location, 
18 to be appointed by the Governor. Those public members 
19 appointed under this paragraph must include, but are not 
20 limited to: 
21   (A) a family member or individual with lived 
22 experience in the children's mental health system; 
23   (B) a child advocate; 
24   (C) a community mental health expert, 
25 practitioner, or provider; 
26   (D) a representative of a statewide association 
 
 
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1 representing a majority of hospitals in the State; 
2   (E) an early childhood expert or practitioner; 
3   (F) a representative from the K-12 school system; 
4   (G) a representative from the healthcare sector; 
5   (H) a substance use prevention expert or 
6 practitioner, or a representative of a statewide 
7 association representing community-based mental health 
8 substance use disorder treatment providers in the 
9 State; 
10   (I) a violence prevention expert or practitioner; 
11   (J) a representative from the juvenile justice 
12 system; 
13   (K) a school social worker; and 
14   (L) a representative of a statewide organization 
15 representing pediatricians.
16  (16) Two co-chairs appointed by the Governor, one 
17 being a representative from the public and one being a 
18 representative from the State. 
19 The members appointed by the Governor shall be appointed 
20for 4 years with one opportunity for reappointment, except as 
21otherwise provided for in this subsection. Members who were 
22appointed by the Governor and are serving on January 1, 2023 
23(the effective date of Public Act 102-899) shall maintain 
24their appointment until the term of their appointment has 
25expired. For new appointments made pursuant to Public Act 
26102-899, members shall be appointed for one-year, 2-year, or 
 
 
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14-year terms, as determined by the Governor, with no more than 
29 of the Governor's new or existing appointees serving the 
3same term. Those new appointments serving a one-year or 2-year 
4term may be appointed to 2 additional 4-year terms. If a 
5vacancy occurs in the Partnership membership, the vacancy 
6shall be filled in the same manner as the original appointment 
7for the remainder of the term. 
8 The Partnership shall be convened no later than January 
931, 2023 to discuss the changes in Public Act 102-899. 
10 The members of the Partnership shall serve without 
11compensation but may be entitled to reimbursement for all 
12necessary expenses incurred in the performance of their 
13official duties as members of the Partnership from funds 
14appropriated for that purpose. 
15 The Partnership may convene and appoint special committees 
16or study groups to operate under the direction of the 
17Partnership. Persons appointed to such special committees or 
18study groups shall only receive reimbursement for reasonable 
19expenses. 
20 (b-5) The Partnership shall include an adjunct council 
21comprised of no more than 6 youth aged 14 to 25 and 4 
22representatives of 4 different community-based organizations 
23that focus on youth mental health. Of the community-based 
24organizations that focus on youth mental health, one of the 
25community-based organizations shall be led by an 
26LGBTQ-identified person, one of the community-based 
 
 
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1organizations shall be led by a person of color, and one of the 
2community-based organizations shall be led by a woman. Of the 
3representatives appointed to the council from the 
4community-based organizations, at least one representative 
5shall be LGBTQ-identified, at least one representative shall 
6be a person of color, and at least one representative shall be 
7a woman. The council members shall be appointed by the Chair of 
8the Partnership and shall reflect the racial, gender identity, 
9sexual orientation, ability, socioeconomic, ethnic, and 
10geographic diversity of the State, including rural, suburban, 
11and urban appointees. The council shall make recommendations 
12to the Partnership regarding youth mental health, including, 
13but not limited to, identifying barriers to youth feeling 
14supported by and empowered by the system of mental health and 
15treatment providers, barriers perceived by youth in accessing 
16mental health services, gaps in the mental health system, 
17available resources in schools, including youth's perceptions 
18and experiences with outreach personnel, agency websites, and 
19informational materials, methods to destigmatize mental health 
20services, and how to improve State policy concerning student 
21mental health. The mental health system may include services 
22for substance use disorders and addiction. The council shall 
23meet at least 4 times annually. 
24 (c) (Blank).
25 (d) The Illinois Children's Mental Health Partnership has 
26the following powers and duties: 
 
 
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1  (1) Conducting research assessments to determine the 
2 needs and gaps of programs, services, and policies that 
3 touch children's mental health. 
4  (2) Developing policy statements for interagency 
5 cooperation to cover all aspects of mental health 
6 delivery, including social determinants of health, 
7 prevention, early identification, and treatment. 
8  (3) Recommending policies and providing information on 
9 effective programs for delivery of mental health services. 
10  (4) Using funding from federal, State, or 
11 philanthropic partners, to fund pilot programs or research 
12 activities to resource innovative practices by 
13 organizational partners that will address children's 
14 mental health. However, the Partnership may not provide 
15 direct services. 
16  (5) Submitting an annual report, on or before December 
17 30 of each year, to the Governor and the General Assembly 
18 on the progress of the Plan, any recommendations regarding 
19 State policies, laws, or rules necessary to fulfill the 
20 purposes of the Act, and any additional recommendations 
21 regarding mental or behavioral health that the Partnership 
22 deems necessary. 
23  (6) Employing an Executive Director and setting the 
24 compensation of the Executive Director and other such 
25 employees and technical assistance as it deems necessary 
26 to carry out its duties under this Section. 
 
 
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1 The Partnership may designate a fiscal and administrative 
2agent that can accept funds to carry out its duties as outlined 
3in this Section. 
4 The Department of Healthcare and Family Services shall 
5provide technical and administrative support for the 
6Partnership. 
7 (e) The Partnership may accept monetary gifts or grants 
8from the federal government or any agency thereof, from any 
9charitable foundation or professional association, or from any 
10reputable source for implementation of any program necessary 
11or desirable to carry out the powers and duties as defined 
12under this Section. 
13 (f) On or before January 1, 2027, the Partnership shall 
14submit recommendations to the Governor and General Assembly 
15that includes recommended updates to the Act to reflect the 
16current mental health landscape in this State. 
17(Source: P.A. 102-16, eff. 6-17-21; 102-116, eff. 7-23-21; 
18102-899, eff. 1-1-23; 102-1034, eff. 1-1-23; 103-154, eff. 
196-30-23.)

20 Section 90-65. The Advisory Board for the Maternal and 
21Child Health Block Grant Programs Act is amended by changing 
22Section 15 as follows:

23 (410 ILCS 221/15)
24 Sec. 15. Advisory Board for the Maternal and Child Health 
 
 
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1Block Grant Programs. 
2 (a) The Advisory Board for the Maternal and Child Health 
3Block Grant Programs is created within the Department to 
4advise the Department on programs and activities related to 
5maternal and child health in the State of Illinois.
6 The Board shall consist of the Director's designee 
7responsible for maternal and child health programs, who shall 
8serve as the Chair of the Board; the Department's Title V 
9administrator, if the Director's designee is not serving in 
10the capacity of Title V Director at the Department; one 
11representative each from the Department of Early Childhood, 
12the Department of Children and Family Services, the Department 
13of Human Services, and the Department of Healthcare and Family 
14Services, appointed by the Director or Secretary of each 
15Department; the Director of the University of Illinois at 
16Chicago's Division of Specialized Care for Children; 4 members 
17of the General Assembly, one each appointed by the President 
18and Minority Leader of the Senate and the Speaker and Minority 
19Leader of the House of Representatives; and 20 additional 
20members appointed by the Director.
21 Of the members appointed by the Director:
22  (1) Two shall be physicians licensed to practice 
23 medicine in all of its branches who currently serve 
24 patients enrolled in maternal and child health programs 
25 funded by the State of Illinois, one of whom shall be an 
26 individual with a specialty in obstetrics and gynecology 
 
 
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1 and one of whom shall be an individual with a specialty in 
2 pediatric medicine;
3  (2) Sixteen shall be persons with expertise in one or 
4 more of the following areas, with no more than 3 persons 
5 from each listed area of expertise and with preference 
6 given to the areas of need identified by the most recent 
7 State needs assessment: the health of women, infants, 
8 young children, school-aged children, adolescents, and 
9 children with special health care needs; public health; 
10 epidemiology; behavioral health; nursing; social work; 
11 substance abuse prevention; juvenile justice; oral health; 
12 child development; chronic disease prevention; health 
13 promotion; and education; 5 of the 16 members shall 
14 represent organizations that provide maternal and child 
15 health services with funds from the Department; and
16  (3) either 2 consumers who have received services 
17 through a Department-funded maternal and child health 
18 program, 2 representatives from advocacy groups that 
19 advocate on behalf of such consumers, or one such consumer 
20 and one such representative of an advocacy group. 
21 Members appointed by the Director shall be selected to 
22represent the racial, ethnic, and geographic diversity of the 
23State's population and shall include representatives of local 
24health departments, other direct service providers, and 
25faculty of the University of Illinois at Chicago School of 
26Public Health Center of Excellence in Maternal and Child 
 
 
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1Health. 
2 Legislative members shall serve during their term of 
3office in the General Assembly. Members appointed by the 
4Director shall serve a term of 4 years or until their 
5successors are appointed.
6 Any member appointed to fill a vacancy occurring prior to 
7the expiration of the term for which his or her predecessor was 
8appointed shall be appointed for the remainder of such term. 
9Members of the Board shall serve without compensation but 
10shall be reimbursed for necessary expenses incurred in the 
11performance of their duties.
12 (b) The Board shall advise the Director on improving the 
13well-being of mothers, fathers, infants, children, families, 
14and adults, considering both physical and social determinants 
15of health, and using a life-span approach to health promotion 
16and disease prevention in the State of Illinois. In addition, 
17the Board shall review and make recommendations to the 
18Department and the Governor in regard to the system for 
19maternal and child health programs, collaboration, and 
20interrelation between and delivery of programs, both within 
21the Department and with related programs in other departments. 
22In performing its duties, the Board may hold hearings 
23throughout the State and advise and receive advice from any 
24local advisory bodies created to address maternal and child 
25health.
26 (c) The Board may offer recommendations and feedback 
 
 
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1regarding the development of the State's annual Maternal and 
2Child Health Services Block Grant application and report as 
3well as the periodic needs assessment. 
4(Source: P.A. 99-901, eff. 8-26-16.)

5
ARTICLE 99.  NONACCELERATION, SEVERABILITY,
6
AND
7
EFFECTIVE DATE


8 Section 99-1. No acceleration or delay. Where this Act 
9makes changes in a statute that is represented in this Act by 
10text that is not yet or no longer in effect (for example, a 
11Section represented by multiple versions), the use of that 
12text does not accelerate or delay the taking effect of (i) the 
13changes made by this Act or (ii) provisions derived from any 
14other Public Act.

15 Section 99-5. Severability. The provisions of this Act are 
16severable under Section 1.31 of the Statute on Statutes.