Sen. Kimberly A. Lightford
Filed: 3/11/2024
 
 
 




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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% the size of an adult's brain. Yet, an 
11infant's brain has roughly 86 billion neurons, almost all the 
12neurons the human brain will ever have. 
13 (2) From 3 to 15 months, neuron connections form at a rate 
14of 40,000 per second. By age 3, synaptic connections have 
15grown to 100 trillion. Ages 3 to 5 are critical years to build 
 
 
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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 initial term of the 
18Secretary shall run from the date of appointment until January 
1918, 2027, and until a successor has been appointed and 
20qualified. Thereafter, the Secretary's term shall be as 
21provided in Section 5-610 of the Civil Administrative Code of 
22Illinois. The Department may employ or retain other persons to 
23assist in the discharge of its functions, subject to the 
24Personnel Code. 
 
 
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1 (c) The Governor may, with the advice and consent of the 
2Senate, appoint an appropriate number of persons to serve as 
3Assistant Secretaries to head the major programmatic divisions 
4of the Department. Assistant Secretaries shall not be subject 
5to the Personnel Code. 
6 (d) The Secretary shall create divisions and 
7administrative units within the Department and shall assign 
8functions, powers, duties, and personnel as may now or in the 
9future be required by State or federal law. The Secretary may 
10create other divisions and administrative units and may assign 
11other functions, powers, duties, and personnel as may be 
12necessary or desirable to carry out the functions and 
13responsibilities vested by law in the Department. 

14 Section 1-30. General powers and duties. 
15 (a) The Department shall exercise the rights, powers, 
16duties, and functions provided by law, including, but not 
17limited to, the rights, powers, duties, and functions 
18transferred to the Department.
19 (b) The Department may employ personnel (in accordance 
20with the Personnel Code and any applicable collective 
21bargaining agreements), provide facilities, contract for goods 
22and services, and adopt rules as necessary to carry out its 
23functions and purposes, all in accordance with applicable 
24State and federal law.
25 The Department may establish such subdivisions of the 
 
 
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1Department as shall be desirable and assign to the various 
2subdivisions the responsibilities and duties placed upon the 
3Department by the Laws of the State of Illinois. 
4 The Department shall adopt, as necessary, rules for the 
5execution of its powers. The provisions of the Illinois 
6Administrative Procedure Act are hereby expressly adopted and 
7shall apply to all administrative rules and procedures of the 
8Department under this Act, except that Section 5-35 of the 
9Illinois Administrative Procedure Act relating to procedures 
10for rulemaking does not apply to the adoption of any rule 
11required by federal law in connection with which the 
12Department is precluded by law from exercising any discretion. 
13 (c) Procurements necessary for the Department of Early 
14Childhood to implement this Act are subject to the Illinois 
15Procurement Code, except as otherwise provided in paragraph 
16(25) of subsection (b) of Section 1-10 of that Code. The 
17Department of Early Childhood is subject to the Business 
18Enterprise for Minorities, Women, and Persons with 
19Disabilities Act.

20 Section 1-35. Advisory body. By July 1, 2026, the 
21Department shall create or designate an advisory body to 
22counsel the Department on an ongoing basis, ensuring the 
23Department functions with transparency, operates with a 
24commitment to centering racial equity and to meaningful 
25inclusion of parent, early childhood service provider, and 
 
 
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1other public stakeholder engagement, feedback, and counsel, 
2including the creation of committees or working groups, and 
3devotes appropriate attention to data collection and timely 
4public reporting. This advisory body's membership shall 
5include representation from both public and private 
6organizations, and its membership shall reflect the regional, 
7racial, socioeconomic, and cultural diversity of the State to 
8ensure representation of the needs of all Illinois children 
9and families.

10
ARTICLE 10.  POWERS AND DUTIES RELATING TO EARLY INTERVENTION 
11
SERVICES


12 Section 10-5. Transition planning. Beginning July 1, 2024, 
13the Department of Early Childhood and the Department of Human 
14Services shall collaborate and plan for the transition of 
15administrative responsibilities as prescribed in the Early 
16Intervention Services System Act. 

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

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

14 Section 10-25. Services delivered by telehealth. An early 
15intervention provider may deliver via telehealth any type of 
16early intervention service outlined in subsection (e) of 
17Section 10-15 to the extent of the early intervention 
18provider's scope of practice as established in the provider's 
19respective licensing Act consistent with the standards of care 
20for in-person services. This Section shall not be construed to 
21alter the scope of practice of any early intervention provider 
22or authorize the delivery of early intervention services in a 
23setting or in a manner not otherwise authorized by the laws of 
24this State.

 
 
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1 Section 10-30. Illinois Interagency Council on Early 
2Intervention. 
3 (a) There is established the Illinois Interagency Council 
4on Early Intervention. The Council shall be composed of at 
5least 20 but not more than 30 members. The members of the 
6Council and the designated chairperson of the Council shall be 
7appointed by the Governor. The Council member representing the 
8lead agency may not serve as chairperson of the Council. On and 
9after July 1, 2026, the Council shall be composed of the 
10following members: 
11 (1) The Secretary of Early Childhood (or the Secretary's 
12designee) and 2 additional representatives of the Department 
13of Early Childhood designated by the Secretary, plus the 
14Directors (or their designees) of the following State agencies 
15involved in the provision of or payment for early intervention 
16services to eligible infants and toddlers and their families:
17  (A) Department of Insurance; and
18  (B) Department of Healthcare and Family Services.
19 (2) Other members as follows:
20  (A) At least 20% of the members of the Council shall be 
21 parents, including minority parents, of infants or 
22 toddlers with disabilities or children with disabilities 
23 aged 12 or younger, with knowledge of, or experience with, 
24 programs for infants and toddlers with disabilities. At 
25 least one such member shall be a parent of an infant or 
26 toddler with a disability or a child with a disability 
 
 
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1 aged 6 or younger;
2  (B) At least 20% of the members of the Council shall be 
3 public or private providers of early intervention 
4 services;
5  (C) One member shall be a representative of the 
6 General Assembly;
7  (D) One member shall be involved in the preparation of 
8 professional personnel to serve infants and toddlers 
9 similar to those eligible for services under this Act;
10  (E) Two members shall be from advocacy organizations 
11 with expertise in improving health, development, and 
12 educational outcomes for infants and toddlers with 
13 disabilities;
14  (F) One member shall be a Child and Family Connections 
15 manager from a rural district;
16  (G) One member shall be a Child and Family Connections 
17 manager from an urban district;
18  (H) One member shall be the co-chair of the Illinois 
19 Early Learning Council (or their designee); and
20  (I) Members representing the following agencies or 
21 entities: the Department of Human Services; the State 
22 Board of Education; the Department of Public Health; the 
23 Department of Children and Family Services; the University 
24 of Illinois Division of Specialized Care for Children; the 
25 Illinois Council on Developmental Disabilities; Head Start 
26 or Early Head Start; and the Department of Human Services' 
 
 
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1 Division of Mental Health. A member may represent one or 
2 more of the listed agencies or entities. 
3 The Council shall meet at least quarterly and in such 
4places as it deems necessary. The Council shall be a 
5continuation of the Council that was created under Section 4 
6of the Early Intervention Services System Act and that is 
7repealed on July 1, 2026 by Section 20.1 of the Early 
8Intervention Services System Act. Members serving on June 30, 
92026 who have served more than 2 consecutive terms shall 
10continue to serve on the Council on and after July 1, 2026. 
11Once appointed, members shall continue to serve until their 
12successors are appointed. Successors appointed under paragraph 
13(2) shall serve 3-year terms. No member shall be appointed to 
14serve more than 2 consecutive terms.
15 Council members shall serve without compensation but shall 
16be reimbursed for reasonable costs incurred in the performance 
17of their duties, including costs related to child care, and 
18parents may be paid a stipend in accordance with applicable 
19requirements.
20 The Council shall prepare and approve a budget using funds 
21appropriated for the purpose to hire staff, and obtain the 
22services of such professional, technical, and clerical 
23personnel as may be necessary to carry out its functions under 
24this Act. This funding support and staff shall be directed by 
25the lead agency.
26 (b) The Council shall:
 
 
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1  (1) advise and assist the lead agency in the 
2 performance of its responsibilities including but not 
3 limited to the identification of sources of fiscal and 
4 other support services for early intervention programs, 
5 and the promotion of interagency agreements which assign 
6 financial responsibility to the appropriate agencies;
7  (2) advise and assist the lead agency in the 
8 preparation of applications and amendments to 
9 applications;
10  (3) review and advise on relevant rules and standards 
11 proposed by the related State agencies;
12  (4) advise and assist the lead agency in the 
13 development, implementation and evaluation of the 
14 comprehensive early intervention services system;
15  (4.5) coordinate and collaborate with State 
16 interagency early learning initiatives, as appropriate; 
17 and
18  (5) prepare and submit an annual report to the 
19 Governor and to the General Assembly on the status of 
20 early intervention programs for eligible infants and 
21 toddlers and their families in Illinois. The annual report 
22 shall include (i) the estimated number of eligible infants 
23 and toddlers in this State, (ii) the number of eligible 
24 infants and toddlers who have received services under this 
25 Act and the cost of providing those services, and (iii) 
26 the estimated cost of providing services under this Act to 
 
 
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1 all eligible infants and toddlers in this State. The 
2 report shall be posted by the lead agency on the early 
3 intervention website as required under paragraph (f) of 
4 Section 10-35 of this Act.
5 No member of the Council shall cast a vote on or 
6participate substantially in any matter which would provide a 
7direct financial benefit to that member or otherwise give the 
8appearance of a conflict of interest under State law. All 
9provisions and reporting requirements of the Illinois 
10Governmental Ethics Act shall apply to Council members.

11 Section 10-35. Lead agency. Through June 30, 2026, the 
12Department of Human Services is designated the lead agency and 
13shall provide leadership in establishing and implementing the 
14coordinated, comprehensive, interagency and interdisciplinary 
15system of early intervention services. On and after July 1, 
162026, the Department of Early Childhood is designated the lead 
17agency and shall provide leadership in establishing and 
18implementing the coordinated, comprehensive, interagency and 
19interdisciplinary system of early intervention services. The 
20lead agency shall not have the sole responsibility for 
21providing these services. Each participating State agency 
22shall continue to coordinate those early intervention services 
23relating to health, social service and education provided 
24under this authority.
25 The lead agency is responsible for carrying out the 
 
 
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1following:
2  (a) The general administration, supervision, and 
3 monitoring of programs and activities receiving assistance 
4 under Section 673 of the Individuals with Disabilities 
5 Education Act (20 United States Code 1473).
6  (b) The identification and coordination of all 
7 available resources within the State from federal, State, 
8 local and private sources.
9  (c) The development of procedures to ensure that 
10 services are provided to eligible infants and toddlers and 
11 their families in a timely manner pending the resolution 
12 of any disputes among public agencies or service 
13 providers.
14  (d) The resolution of intra-agency and interagency 
15 regulatory and procedural disputes.
16  (e) The development and implementation of formal 
17 interagency agreements, and the entry into such 
18 agreements, between the lead agency and (i) the Department 
19 of Healthcare and Family Services, (ii) the University of 
20 Illinois Division of Specialized Care for Children, and 
21 (iii) other relevant State agencies that:
22   (1) define the financial responsibility of each 
23 agency for paying for early intervention services 
24 (consistent with existing State and federal law and 
25 rules, including the requirement that early 
26 intervention funds be used as the payor of last 
 
 
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1 resort), a hierarchical order of payment as among the 
2 agencies for early intervention services that are 
3 covered under or may be paid by programs in other 
4 agencies, and procedures for direct billing, 
5 collecting reimbursements for payments made, and 
6 resolving service and payment disputes; and
7   (2) include all additional components necessary to 
8 ensure meaningful cooperation and coordination. By 
9 January 31, 2027, interagency agreements under this 
10 paragraph (e) must be reviewed and revised to 
11 implement the purposes of this Act. 
12  (f) The maintenance of an early intervention website. 
13 The lead agency shall post and keep posted on this website 
14 the following: (i) the current annual report required 
15 under subdivision (b)(5) of Section 10-30 of this Act, and 
16 the annual reports of the prior 3 years, (ii) the most 
17 recent Illinois application for funds prepared under 
18 Section 637 of the Individuals with Disabilities Education 
19 Act filed with the United States Department of Education, 
20 (iii) proposed modifications of the application prepared 
21 for public comment, (iv) notice of Council meetings, 
22 Council agendas, and minutes of its proceedings for at 
23 least the previous year, (v) proposed and final early 
24 intervention rules, and (vi) all reports created for 
25 dissemination to the public that are related to the early 
26 intervention program, including reports prepared at the 
 
 
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1 request of the Council and the General Assembly. Each such 
2 document shall be posted on the website within 3 working 
3 days after the document's completion.
4  (g) Before adopting any new policy or procedure 
5 (including any revisions to an existing policy or 
6 procedure) needed to comply with Part C of the Individuals 
7 with Disabilities Education Act, the lead agency must hold 
8 public hearings on the new policy or procedure, provide 
9 notice of the hearings at least 30 days before the 
10 hearings are conducted to enable public participation, and 
11 provide an opportunity for the general public, including 
12 individuals with disabilities and parents of infants and 
13 toddlers with disabilities, early intervention providers, 
14 and members of the Council to comment for at least 30 days 
15 on the new policy or procedure needed to comply with Part C 
16 of the Individuals with Disabilities Education Act and 
17 with 34 CFR Part 300 and Part 303.

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

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

6 Section 10-50. Authority to adopt rules. The lead agency 
7shall adopt rules under this Act. These rules shall reflect 
8the intent of federal regulations adopted under Part C of the 
9Individuals with Disabilities Education Improvement Act of 
102004 (Sections 1431 through 1444 of Title 20 of the United 
11States Code).

12 Section 10-55. Role of other State entities. The 
13Departments of Public Health, Early Childhood, Human Services, 
14Children and Family Services, and Healthcare and Family 
15Services; the University of Illinois Division of Specialized 
16Care for Children; the State Board of Education; and any other 
17State agency which directly or indirectly provides or 
18administers early intervention services shall adopt compatible 
19rules for the provision of services to eligible infants and 
20toddlers and their families by July 1, 2026. 
21 These agencies shall enter into and maintain formal 
22interagency agreements to enable the State and local agencies 
23serving eligible children and their families to establish 
24working relationships that will increase the efficiency and 
 
 
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1effectiveness of their early intervention services. The 
2agreements shall outline the administrative, program and 
3financial responsibilities of the relevant State agencies and 
4shall implement a coordinated service delivery system through 
5local interagency agreements.
6 There shall be created in the Office of the Governor an 
7Early Childhood Intervention Ombudsman to assist families and 
8local parties in ensuring that all State agencies serving 
9eligible families do so in a comprehensive and collaborative 
10manner. The Governor shall appoint the Ombudsman, which shall 
11be a continuation of the position that was created under 
12Section 9 of the Early Intervention Services System Act and 
13that is repealed on July 1, 2026 by Section 20.1 of the Early 
14Intervention Services System Act.

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

 
 
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1 Section 10-65. Individualized Family Service Plans. 
2 (a) Each eligible infant or toddler and that infant's or 
3toddler's family shall receive:
4  (1) timely, comprehensive, multidisciplinary 
5 assessment of the unique strengths and needs of each 
6 eligible infant and toddler, and assessment of the 
7 concerns and priorities of the families to appropriately 
8 assist them in meeting their needs and identify supports 
9 and services to meet those needs; and
10  (2) a written Individualized Family Service Plan 
11 developed by a multidisciplinary team which includes the 
12 parent or guardian. The individualized family service plan 
13 shall be based on the multidisciplinary team's assessment 
14 of the resources, priorities, and concerns of the family 
15 and its identification of the supports and services 
16 necessary to enhance the family's capacity to meet the 
17 developmental needs of the infant or toddler, and shall 
18 include the identification of services appropriate to meet 
19 those needs, including the frequency, intensity, and 
20 method of delivering services. During and as part of the 
21 initial development of the individualized family services 
22 plan, and any periodic reviews of the plan, the 
23 multidisciplinary team may seek consultation from the lead 
24 agency's designated experts, if any, to help determine 
25 appropriate services and the frequency and intensity of 
 
 
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1 those services. All services in the individualized family 
2 services plan must be justified by the multidisciplinary 
3 assessment of the unique strengths and needs of the infant 
4 or toddler and must be appropriate to meet those needs. At 
5 the periodic reviews, the team shall determine whether 
6 modification or revision of the outcomes or services is 
7 necessary.
8 (b) The Individualized Family Service Plan shall be 
9evaluated once a year and the family shall be provided a review 
10of the Plan at 6-month intervals or more often where 
11appropriate based on infant or toddler and family needs. The 
12lead agency shall create a quality review process regarding 
13Individualized Family Service Plan development and changes 
14thereto, to monitor and help ensure that resources are being 
15used to provide appropriate early intervention services.
16 (c) The initial evaluation and initial assessment and 
17initial Plan meeting must be held within 45 days after the 
18initial contact with the early intervention services system. 
19The 45-day timeline does not apply for any period when the 
20child or parent is unavailable to complete the initial 
21evaluation, the initial assessments of the child and family, 
22or the initial Plan meeting, due to exceptional family 
23circumstances that are documented in the child's early 
24intervention records, or when the parent has not provided 
25consent for the initial evaluation or the initial assessment 
26of the child despite documented, repeated attempts to obtain 
 
 
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1parental consent. As soon as exceptional family circumstances 
2no longer exist or parental consent has been obtained, the 
3initial evaluation, the initial assessment, and the initial 
4Plan meeting must be completed as soon as possible. With 
5parental consent, early intervention services may commence 
6before the completion of the comprehensive assessment and 
7development of the Plan. All early intervention services shall 
8be initiated as soon as possible but not later than 30 calendar 
9days after the consent of the parent or guardian has been 
10obtained for the individualized family service plan, in 
11accordance with rules adopted by the lead agency.
12 (d) Parents must be informed that early intervention 
13services shall be provided to each eligible infant and 
14toddler, to the maximum extent appropriate, in the natural 
15environment, which may include the home or other community 
16settings. Parents must also be informed of the availability of 
17early intervention services provided through telehealth 
18services. Parents shall make the final decision to accept or 
19decline early intervention services, including whether 
20accepted services are delivered in person or via telehealth 
21services. A decision to decline such services shall not be a 
22basis for administrative determination of parental fitness, or 
23other findings or sanctions against the parents. Parameters of 
24the Plan shall be set forth in rules.
25 (e) The regional intake offices shall explain to each 
26family, orally and in writing, all of the following:
 
 
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1  (1) That the early intervention program will pay for 
2 all early intervention services set forth in the 
3 individualized family service plan that are not covered or 
4 paid under the family's public or private insurance plan 
5 or policy and not eligible for payment through any other 
6 third party payor.
7  (2) That services will not be delayed due to any rules 
8 or restrictions under the family's insurance plan or 
9 policy.
10  (3) That the family may request, with appropriate 
11 documentation supporting the request, a determination of 
12 an exemption from private insurance use under Section 
13 10-100.
14  (4) That responsibility for co-payments or 
15 co-insurance under a family's private insurance plan or 
16 policy will be transferred to the lead agency's central 
17 billing office.
18  (5) That families will be responsible for payments of 
19 family fees, which will be based on a sliding scale 
20 according to the State's definition of ability to pay 
21 which is comparing household size and income to the 
22 sliding scale and considering out-of-pocket medical or 
23 disaster expenses, and that these fees are payable to the 
24 central billing office. Families who fail to provide 
25 income information shall be charged the maximum amount on 
26 the sliding scale.
 
 
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1 (f) The individualized family service plan must state 
2whether the family has private insurance coverage and, if the 
3family has such coverage, must have attached to it a copy of 
4the family's insurance identification card or otherwise 
5include all of the following information:
6  (1) The name, address, and telephone number of the 
7 insurance carrier.
8  (2) The contract number and policy number of the 
9 insurance plan.
10  (3) The name, address, and social security number of 
11 the primary insured.
12  (4) The beginning date of the insurance benefit year.
13 (g) A copy of the individualized family service plan must 
14be provided to each enrolled provider who is providing early 
15intervention services to the child who is the subject of that 
16plan.
17 (h) Children receiving services under this Act shall 
18receive a smooth and effective transition by their third 
19birthday consistent with federal regulations adopted pursuant 
20to Sections 1431 through 1444 of Title 20 of the United States 
21Code. Beginning January 1, 2022, children who receive early 
22intervention services prior to their third birthday and are 
23found eligible for an individualized education program under 
24the Individuals with Disabilities Education Act, 20 U.S.C. 
251414(d)(1)(A), and under Section 14-8.02 of the School Code 
26and whose birthday falls between May 1 and August 31 may 
 
 
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1continue to receive early intervention services until the 
2beginning of the school year following their third birthday in 
3order to minimize gaps in services, ensure better continuity 
4of care, and align practices for the enrollment of preschool 
5children with special needs to the enrollment practices of 
6typically developing preschool children.

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

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

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

12 Section 10-85. Private health insurance; assignment. The 
13lead agency shall determine, at the point of new applications 
14for early intervention services, and for all children enrolled 
15in the early intervention program, at the regional intake 
16offices, whether the child is insured under a private health 
17insurance plan or policy.

18 Section 10-90. Billing of insurance carrier. 
19 (a) Subject to the restrictions against private insurance 
20use on the basis of material risk of loss of coverage, as 
21determined under Section 10-100, each enrolled provider who is 
22providing a family with early intervention services shall bill 
23the child's insurance carrier for each unit of early 
24intervention service for which coverage may be available. The 
 
 
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1lead agency may exempt from the requirement of this paragraph 
2any early intervention service that it has deemed not to be 
3covered by insurance plans. When the service is not exempted, 
4providers who receive a denial of payment on the basis that the 
5service is not covered under any circumstance under the plan 
6are not required to bill that carrier for that service again 
7until the following insurance benefit year. That explanation 
8of benefits denying the claim, once submitted to the central 
9billing office, shall be sufficient to meet the requirements 
10of this paragraph as to subsequent services billed under the 
11same billing code provided to that child during that insurance 
12benefit year. Any time limit on a provider's filing of a claim 
13for payment with the central billing office that is imposed 
14through a policy, procedure, or rule of the lead agency shall 
15be suspended until the provider receives an explanation of 
16benefits or other final determination of the claim it files 
17with the child's insurance carrier.
18 (b) In all instances when an insurance carrier has been 
19billed for early intervention services, whether paid in full, 
20paid in part, or denied by the carrier, the provider must 
21provide the central billing office, within 90 days after 
22receipt, with a copy of the explanation of benefits form and 
23other information in the manner prescribed by the lead agency.
24 (c) When the insurance carrier has denied the claim or 
25paid an amount for the early intervention service billed that 
26is less than the current State rate for early intervention 
 
 
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1services, the provider shall submit the explanation of 
2benefits with a claim for payment, and the lead agency shall 
3pay the provider the difference between the sum actually paid 
4by the insurance carrier for each unit of service provided 
5under the individualized family service plan and the current 
6State rate for early intervention services. The State shall 
7also pay the family's co-payment or co-insurance under its 
8plan, but only to the extent that those payments plus the 
9balance of the claim do not exceed the current State rate for 
10early intervention services. The provider may under no 
11circumstances bill the family for the difference between its 
12charge for services and that which has been paid by the 
13insurance carrier or by the State.

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

21 Section 10-100. Private insurance; exemption. 
22 (a) The lead agency shall establish procedures for a 
23family whose child is eligible to receive early intervention 
24services to apply for an exemption restricting the use of its 
25private insurance plan or policy based on material risk of 
 
 
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1loss of coverage as authorized under subsection (c) of this 
2Section.
3 (b) The lead agency shall make a final determination on a 
4request for an exemption within 10 business days after its 
5receipt of a written request for an exemption at the regional 
6intake entity. During those 10 days, no claims may be filed 
7against the insurance plan or policy. If the exemption is 
8granted, it shall be noted on the individualized family 
9service plan, and the family and the providers serving the 
10family shall be notified in writing of the exemption.
11 (c) An exemption may be granted on the basis of material 
12risk of loss of coverage only if the family submits 
13documentation with its request for an exemption that 
14establishes (i) that the insurance plan or policy covering the 
15child is an individually purchased plan or policy and has been 
16purchased by a head of a household that is not eligible for a 
17group medical insurance plan, (ii) that the policy or plan has 
18a lifetime cap that applies to one or more specific types of 
19early intervention services specified in the family's 
20individualized family service plan, and that coverage could be 
21exhausted during the period covered by the individualized 
22family service plan, or (iii) proof of another risk that the 
23lead agency, in its discretion, may have additionally 
24established and defined as a ground for exemption by rule.
25 (d) An exemption under this Section based on material risk 
26of loss of coverage may apply to all early intervention 
 
 
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1services and all plans or policies insuring the child, may be 
2limited to one or more plans or policies, or may be limited to 
3one or more types of early intervention services in the 
4child's individualized family services plan.

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

22 Section 10-110. Contracting. In accordance with Section 
231-30(c) of this Act, the lead agency may enter into contracts 
24for some or all of its responsibilities under this Act, 
25including, but not limited to: credentialing and enrolling 
 
 
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1providers; training under Section 10-105; maintaining a 
2central billing office; data collection and analysis; 
3establishing and maintaining a computerized case management 
4system accessible to local referral offices and providers; 
5creating and maintaining a system for provider credentialing 
6and enrollment; creating and maintaining the central directory 
7required under subsection (g) of Section 10-45 of this Act; 
8and program operations. Contracts with or grants to regional 
9intake entities must be made subject to public bid under a 
10request for proposals process.

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

11
ARTICLE 15.  POWERS AND DUTIES RELATING TO HOME-VISITING AND 
12
PRESCHOOL SERVICES


13 Section 15-5. Transition of administrative 
14responsibilities related to home-visiting services Beginning 
15July 1, 2024, the Department of Early Childhood and the 
16Department of Human Services shall collaborate and plan for 
17the transition of administrative responsibilities related to 
18home-visiting services as prescribed in Section 10-16 of the 
19Department of Human Services Act. 

20 Section 15-10. Home visiting program. 
21 (a) The General Assembly finds that research-informed home 
22visiting programs work to strengthen families' functioning and 
23support parents in caring for their children to ensure optimal 
 
 
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1child development.
2 (b) Through June 30, 2026, the Department of Human 
3Services shall administer a home visiting program to support 
4communities in providing intensive home visiting programs to 
5pregnant persons and families with children from birth up to 
6elementary school enrollment. Services shall be offered on a 
7voluntary basis to families. In awarding grants under the 
8program, the Department of Human Services shall prioritize 
9populations or communities in need of such services, as 
10determined by the Department of Human Services, based on data 
11including, but not limited to, statewide home visiting needs 
12assessments. Eligibility under the program shall also take 
13into consideration requirements of the federal Maternal, 
14Infant, and Early Childhood Home Visiting Program and Head 
15Start and Early Head Start to ensure appropriate alignment. 
16The overall goals for these services are to:
17  (1) improve maternal and newborn health;
18  (2) prevent child abuse and neglect;
19  (3) promote children's development and readiness to 
20 participate in school; and
21  (4) connect families to needed community resources
22  and supports.
23 (b-5) On and after July 1, 2026, the Department of Early 
24Childhood shall establish and administer a home visiting 
25program to support communities in providing intensive home 
26visiting programs to pregnant persons and families with 
 
 
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1children from birth up to elementary school enrollment. 
2 (c) Allowable uses of funding include:
3  (1) Grants to community-based organizations to 
4 implement home visiting and family support services with 
5 fidelity to research-informed home visiting program 
6 models, as defined by the Department. Services may 
7 include, but are not limited to:
8   (A) personal visits with a child and the child's 
9 parent or caregiver at a periodicity aligned with the 
10 model being implemented;
11   (B) opportunities for connections with other 
12 parents and caregivers in their community and other 
13 social and community supports;
14   (C) enhancements to research-informed home 
15 visiting program models based on community needs 
16 including doula services, and other program 
17 innovations as approved by the Department; and
18   (D) referrals to other resources needed by 
19 families.
20  (2) Infrastructure supports for grantees, including, 
21 but not limited to, professional development for the 
22 workforce, technical assistance and capacity-building, 
23 data system and supports, infant and early childhood 
24 mental health consultation, trauma-informed practices, 
25 research, universal newborn screening, and coordinated 
26 intake.
 
 
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1 (d) Subject to appropriation, the Department administering 
2home-visiting programs subject to Section 15-10 (b) and 
3Section 15-10(b-5) shall award grants to community-based 
4agencies in accordance with this Section and any other rules 
5that may be adopted by the Department. Successful grantees 
6under this program shall comply with policies and procedures 
7on program, data, and expense reporting as developed by the 
8Department.
9 (e) Funds received under this Section shall supplement, 
10not supplant, other existing or new federal, State, or local 
11sources of funding for these services. Any new federal funding 
12received shall supplement and not supplant funding for this 
13program.
14 (f) The Department administering home-visiting programs 
15subject to Section 15-10 (b) and Section 15-10(b-5) shall 
16collaborate with relevant agencies to support the coordination 
17and alignment of home visiting services provided through other 
18State and federal funds, to the extent possible. The 
19Department administering home-visiting programs subject to 
20Section 15-10 (b) and Section 15-10(b-5) shall collaborate 
21with the State Board of Education, the Department of 
22Healthcare and Family Services, and Head Start and Early Head 
23Start in the implementation of these services to support 
24alignment with home visiting services provided through the 
25Early Childhood Block Grant and the State's Medical Assistance 
26Program, respectively, to the extent possible.
 
 
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1 (g) An advisory committee shall advise the Department 
2administering home-visiting programs subject to Section 
315-10(b) and Section 15-10(b-5) concerning the implementation 
4of the home visiting program. The advisory committee shall 
5make recommendations on policy and implementation. The 
6Department shall determine whether the advisory committee 
7shall be a newly created body or an existing body such as a 
8committee of the Illinois Early Learning Council. The advisory 
9committee shall consist of one or more representatives of the 
10Department, other members representing public and private 
11entities that serve and interact with the families served 
12under the home visiting program, with the input of families 
13engaged in home visiting or related services themselves. 
14Family input may be secured by engaging families as members of 
15this advisory committee or as a separate committee of family 
16representatives.
17 (h) The Department of Early Childhood may adopt any rules 
18necessary to implement this Section.

19 Section 15-15. Collaboration; planning. Beginning July 1, 
202024, the Department of Early Childhood shall collaborate with 
21the Illinois State Board of Education on administration of the 
22early childhood programs established in Sections 1C-2, 2-3.71, 
232-3.71a, and 2-3.89 of the School Code. The Department of 
24Early Childhood and the Illinois State Board of Education 
25shall plan for the transfer of administrative responsibilities 
 
 
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1that will occur on and after July 1, 2026.

2 Section 15-20. Programs concerning services to at-risk 
3children and their families. 
4 (a) On and after July 1, 2026, the Department of Early 
5Childhood may provide grants to eligible entities, as defined 
6by the Department, to establish programs which offer 
7coordinated services to at-risk infants and toddlers and their 
8families. Each program shall include a parent education 
9program relating to the development and nurturing of infants 
10and toddlers and case management services to coordinate 
11existing services available in the region served by the 
12program. These services shall be provided through the 
13implementation of an individual family service plan. Each 
14program will have a community involvement component to provide 
15coordination in the service system.
16 (b) The Department shall administer the programs through 
17the grants to public school districts and other eligible 
18entities. These grants must be used to supplement, not 
19supplant, funds received from any other source. School 
20districts and other eligible entities receiving grants 
21pursuant to this Section shall conduct voluntary, intensive, 
22research-based, and comprehensive prevention services, as 
23defined by the Department, for expecting parents and families 
24with children from birth to age 3 who are at-risk of academic 
25failure. A public school district that receives a grant under 
 
 
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1this Section may subcontract with other eligible entities.
2 (c) The Department shall report to the General Assembly by 
3July 1, 2028 and every 2 years thereafter, using the most 
4current data available, on the status of programs funded under 
5this Section, including without limitation characteristics of 
6participants, services delivered, program models used, unmet 
7needs, and results of the programs funded.

8 Section 15-25. Block grants. 
9 (a) Through June 30, 2026, the State Board of Education 
10shall award block grants to school districts and other 
11entities pursuant to Section 1C-2 of the School Code. 
12 (b) On and after July 1, 2026, the Department of Early 
13Childhood shall award to school districts and other entities 
14block grants as described in subsection (c). The Department of 
15Early Childhood may adopt rules necessary to implement this 
16Section. Block grants are subject to audit. Therefore, block 
17grant receipts and block grant expenditures shall be recorded 
18to the appropriate fund code. 
19 (c) An Early Childhood Education Block Grant shall be 
20created by combining the following programs: Preschool 
21Education, Parental Training and Prevention Initiative. These 
22funds shall be distributed to school districts and other 
23entities on a competitive basis, except that the Department of 
24Early Childhood shall award to a school district having a 
25population exceeding 500,000 inhabitants 37% of the funds in 
 
 
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1each fiscal year. Not less than 14% of the Early Childhood 
2Education Block Grant allocation of funds shall be used to 
3fund programs for children ages 0-3. Beginning in Fiscal Year 
42016, at least 25% of any additional Early Childhood Education 
5Block Grant funding over and above the previous fiscal year's 
6allocation shall be used to fund programs for children ages 
70-3. Once the percentage of Early Childhood Education Block 
8Grant funding allocated to programs for children ages 0-3 
9reaches 20% of the overall Early Childhood Education Block 
10Grant allocation for a full fiscal year, thereafter in 
11subsequent fiscal years the percentage of Early Childhood 
12Education Block Grant funding allocated to programs for 
13children ages 0-3 each fiscal year shall remain at least 20% of 
14the overall Early Childhood Education Block Grant allocation. 
15However, if, in a given fiscal year, the amount appropriated 
16for the Early Childhood Education Block Grant is insufficient 
17to increase the percentage of the grant to fund programs for 
18children ages 0-3 without reducing the amount of the grant for 
19existing providers of preschool education programs, then the 
20percentage of the grant to fund programs for children ages 0-3 
21may be held steady instead of increased.
22 (d) A school district in a city having a population 
23exceeding 500,000 is not required to file any application or 
24other claim in order to receive the block grant to which it is 
25entitled under this Section. The Department of Early Childhood 
26shall make payments to the district of amounts due under the 
 
 
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1district's block grant on a schedule determined by the 
2Department. A school district to which this Section applies 
3shall report to the Department of Early Childhood on its use of 
4the block grant in such form and detail as the Department may 
5specify. In addition, the report must include the following 
6description for the district, which must also be reported to 
7the General Assembly: block grant allocation and expenditures 
8by program; population and service levels by program; and 
9administrative expenditures by program. The Department shall 
10ensure that the reporting requirements for the district are 
11the same as for all other school districts in this State. 
12Beginning in Fiscal Year 2018, at least 25% of any additional 
13Preschool Education, Parental Training, and Prevention 
14Initiative program funding over and above the previous fiscal 
15year's allocation shall be used to fund programs for children 
16ages 0-3. Beginning in Fiscal Year 2018, funding for Preschool 
17Education, Parental Training, and Prevention Initiative 
18programs above the allocation for these programs in Fiscal 
19Year 2017 must be used solely as a supplement for these 
20programs and may not supplant funds received from other 
21sources.
22 (e) Reports. School districts and other entities that 
23receive an Early Childhood Education Block Grant shall report 
24to the Department of Early Childhood on its use of the block 
25grant in such form and detail as the Department may specify. In 
26addition, the report must include the following description 
 
 
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1for the district and other entities that receive an Early 
2Childhood Block Grant, which must also be reported to the 
3General Assembly: block grant allocation and expenditures by 
4program; population and service levels by program; and 
5administrative expenditures by program. 

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

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

 
 
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1 Section 15-40. Restrictions on prekindergarten 
2assessments. 
3 (a) In this Section:
4 "Diagnostic and screening purposes" means for the purpose 
5of determining if individual students need remedial 
6instruction or to determine eligibility for special education, 
7early intervention, bilingual education, dyslexia services, or 
8other related educational services. Any assessment used to 
9determine eligibility for special education or related 
10services must be consistent with Section 614 of the federal 
11Individuals with Disabilities Education Act. "Diagnostic and 
12screening purposes" includes the identification and evaluation 
13of students with disabilities. "Diagnostic and screening 
14purposes" does not include any assessment in which student 
15scores are used to rate or rank a classroom, program, teacher, 
16school, school district, or jurisdiction.
17 "Standardized assessment" means an assessment that 
18requires all student test takers to answer the same questions, 
19or a selection of questions from a common bank of questions, in 
20the same manner or substantially the same questions in the 
21same manner. "Standardized assessment" does not include an 
22observational assessment tool used to satisfy the requirements 
23of Section 2-3.64a-10 of the School Code.
24 (b) Consistent with Section 2-3.64a-15 of the School Code, 
25the Department of Early Childhood may not develop, purchase, 
26or require a school district to administer, develop, or 
 
 
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1purchase a standardized assessment for students enrolled or 
2preparing to enroll in prekindergarten, other than for 
3diagnostic and screening purposes.
4 (c) Consistent with Section 2-3.64a-15 of the School Code, 
5the Department of Early Childhood may not provide funding for 
6any standardized assessment of students enrolled or preparing 
7to enroll in prekindergarten, other than for diagnostic and 
8screening purposes.
9 (d) Nothing in this Section shall be construed to limit 
10the ability of a classroom teacher or school district to 
11develop, purchase, administer, or score an assessment for an 
12individual classroom, grade level, or group of grade levels in 
13any subject area in prekindergarten.
14 (e) Nothing in this Section limits procedures used by a 
15school or school district for child find under 34 CFR 
16300.111(c) or evaluation under 34 CFR 300.304.
17 (f) Nothing in this Section restricts the use of an annual 
18assessment of English proficiency of all English learners to 
19comply with Section 1111(b)(2)(G) of the federal Elementary 
20and Secondary Education Act of 1965.

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

12 Section 15-50. Early childhood construction grants. 
13 (a) The Capital Development Board is authorized to make 
14grants to public school districts and not-for-profit entities 
15for early childhood construction projects, except that in 
16Fiscal Year 2024 those grants may be made only to public school 
17districts. These grants shall be paid out of moneys 
18appropriated for that purpose from the School Construction 
19Fund, the Build Illinois Bond Fund, or the Rebuild Illinois 
20Projects Fund. No grants may be awarded to entities providing 
21services within private residences. A public school district 
22or other eligible entity must provide local matching funds in 
23the following manner:
24  (1) A public school district assigned to Tier 1 under 
25 Section 18-8.15 of the School Code or any other eligible 
 
 
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1 entity in an area encompassed by that district must 
2 provide local matching funds in an amount equal to 3% of 
3 the grant awarded under this Section.
4  (2) A public school district assigned to Tier 2 under 
5 Section 18-8.15 of the School Code or any other eligible 
6 entity in an area encompassed by that district must 
7 provide local matching funds in an amount equal to 7.5% of 
8 the grant awarded under this Section.
9  (3) A public school district assigned to Tier 3 under 
10 Section 18-8.15 of the School Code or any other eligible 
11 entity in an area encompassed by that district must 
12 provide local matching funds in an amount equal to 8.75% 
13 of the grant awarded under this Section.
14  (4) A public school district assigned to Tier 4 under 
15 Section 18-8.15 of the School Code or any other eligible 
16 entity in an area encompassed by that district must 
17 provide local matching funds in an amount equal to 10% of 
18 the grant awarded under this Section.
19 A public school district or other eligible entity has no 
20entitlement to a grant under this Section.
21 (b) The Capital Development Board shall adopt rules to 
22implement this Section. These rules need not be the same as the 
23rules for school construction project grants or school 
24maintenance project grants. The rules may specify:
25  (1) the manner of applying for grants;
26  (2) project eligibility requirements;
 
 
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1  (3) restrictions on the use of grant moneys;
2  (4) the manner in which school districts and other 
3 eligible entities must account for the use of grant 
4 moneys;
5  (5) requirements that new or improved facilities be 
6 used for early childhood and other related programs for a 
7 period of at least 10 years; and
8  (6) any other provision that the Capital Development 
9 Board determines to be necessary or useful for the 
10 administration of this Section.
11 (b-5) When grants are made to non-profit corporations for 
12the acquisition or construction of new facilities, the Capital 
13Development Board or any State agency it so designates shall 
14hold title to or place a lien on the facility for a period of 
1510 years after the date of the grant award, after which title 
16to the facility shall be transferred to the non-profit 
17corporation or the lien shall be removed, provided that the 
18non-profit corporation has complied with the terms of its 
19grant agreement. When grants are made to non-profit 
20corporations for the purpose of renovation or rehabilitation, 
21if the non-profit corporation does not comply with item (5) of 
22subsection (b) of this Section, the Capital Development Board 
23or any State agency it so designates shall recover the grant 
24pursuant to the procedures outlined in the Illinois Grant 
25Funds Recovery Act.
26 (c) On and after July 1, 2026, the Capital Development 
 
 
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1Board, in consultation with the Department of Early Childhood, 
2shall establish standards for the determination of priority 
3needs concerning early childhood projects based on projects 
4located in communities in the State with the greatest 
5underserved population of young children, utilizing Census 
6data and other reliable local early childhood service data.
7 (d) In each school year in which early childhood 
8construction project grants are awarded, 20% of the total 
9amount awarded shall be awarded to a school district with a 
10population of more than 500,000, provided that the school 
11district complies with the requirements of this Section and 
12the rules adopted under this Section.

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

25
ARTICLE 20.  POWERS AND DUTIES RELATING TO CHILD CARE AND DAY 
 
 
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1
CARE LICENSING


2 Section 20-5. Transition. Beginning July 1, 2024, the 
3Department of Early Childhood and the Department of Human 
4Services shall collaborate and plan for the transition of 
5child care services for children established in Section 5.15 
6of the Children and Family Services Act. 

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

5 Section 20-15. Day care services. 
6 (a) For the purpose of ensuring effective statewide 
7planning, development, and utilization of resources for the 
8day care of children, operated under various auspices, the 
9Department of Early Childhood is designated on and after July 
101, 2026 to coordinate all day care activities for children of 
11the State and shall develop or continue, and shall update 
12every year, a State comprehensive day care plan for submission 
13to the Governor that identifies high-priority areas and 
14groups, relating them to available resources and identifying 
15the most effective approaches to the use of existing day care 
16services. The State comprehensive day care plan shall be made 
17available to the General Assembly following the Governor's 
18approval of the plan. 
19 The plan shall include methods and procedures for the 
20development of additional day care resources for children to 
21meet the goal of reducing short-run and long-run dependency 
22and to provide necessary enrichment and stimulation to the 
23education of young children. Recommendations shall be made for 
24State policy on optimum use of private and public, local, 
25State and federal resources, including an estimate of the 
 
 
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1resources needed for the licensing and regulation of day care 
2facilities.
3 A written report shall be submitted to the Governor and 
4the General Assembly annually on April 15. The report shall 
5include an evaluation of developments over the preceding 
6fiscal year, including cost-benefit analyses of various 
7arrangements. Beginning with the report in 1990 submitted by 
8the Department's predecessor agency and every 2 years 
9thereafter, the report shall also include the following:
10  (1) An assessment of the child care services, needs 
11 and available resources throughout the State and an 
12 assessment of the adequacy of existing child care 
13 services, including, but not limited to, services assisted 
14 under this Act and under any other program administered by 
15 other State agencies.
16  (2) A survey of day care facilities to determine the 
17 number of qualified caregivers, as defined by rule, 
18 attracted to vacant positions and any problems encountered 
19 by facilities in attracting and retaining capable 
20 caregivers. The report shall include an assessment, based 
21 on the survey, of improvements in employee benefits that 
22 may attract capable caregivers.
23  (3) The average wages and salaries and fringe benefit 
24 packages paid to caregivers throughout the State, computed 
25 on a regional basis, compared to similarly qualified 
26 employees in other but related fields.
 
 
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1  (4) The qualifications of new caregivers hired at 
2 licensed day care facilities during the previous 2-year 
3 period.
4  (5) Recommendations for increasing caregiver wages and 
5 salaries to ensure quality care for children.
6  (6) Evaluation of the fee structure and income 
7 eligibility for child care subsidized by the State.
8 (b) The Department of Early Childhood shall establish 
9policies and procedures for developing and implementing 
10interagency agreements with other agencies of the State 
11providing child care services or reimbursement for such 
12services. The plans shall be annually reviewed and modified 
13for the purpose of addressing issues of applicability and 
14service system barriers.
15 (c) In cooperation with other State agencies, the 
16Department of Early Childhood shall develop and implement, or 
17shall continue, a resource and referral system for the State 
18of Illinois either within the Department or by contract with 
19local or regional agencies. Funding for implementation of this 
20system may be provided through Department appropriations or 
21other interagency funding arrangements. The resource and 
22referral system shall provide at least the following services:
23  (1) Assembling and maintaining a database on the 
24 supply of child care services.
25  (2) Providing information and referrals for parents.
26  (3) Coordinating the development of new child care 
 
 
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1 resources.
2  (4) Providing technical assistance and training to 
3 child care service providers.
4  (5) Recording and analyzing the demand for child care 
5 services.
6 (d) The Department of Early Childhood shall conduct day 
7care planning activities with the following priorities: 
8  (1) Development of voluntary day care resources 
9 wherever possible, with the provision for grants-in-aid 
10 only where demonstrated to be useful and necessary as 
11 incentives or supports. The Department shall design a plan 
12 to create more child care slots as well as goals and 
13 timetables to improve quality and accessibility of child 
14 care.
15  (2) Emphasis on service to children of recipients of 
16 public assistance when such service will allow training or 
17 employment of the parent toward achieving the goal of 
18 independence.
19  (3) Care of children from families in stress and 
20 crises whose members potentially may become, or are in 
21 danger of becoming, non-productive and dependent.
22  (4) Expansion of family day care facilities wherever 
23 possible.
24  (5) Location of centers in economically depressed 
25 neighborhoods, preferably in multi-service centers with 
26 cooperation of other agencies. The Department shall 
 
 
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1 coordinate the provision of grants, but only to the extent 
2 funds are specifically appropriated for this purpose, to 
3 encourage the creation and expansion of child care centers 
4 in high need communities to be issued by the State, 
5 business, and local governments.
6  (6) Use of existing facilities free of charge or for 
7 reasonable rental whenever possible in lieu of 
8 construction.
9  (7) Development of strategies for assuring a more 
10 complete range of day care options, including provision of 
11 day care services in homes, in schools, or in centers, 
12 which will enable parents to complete a course of 
13 education or obtain or maintain employment and the 
14 creation of more child care options for swing shift, 
15 evening, and weekend workers and for working women with 
16 sick children. The Department shall encourage companies to 
17 provide child care in their own offices or in the building 
18 in which the corporation is located so that employees of 
19 all the building's tenants can benefit from the facility.
20  (8) Development of strategies for subsidizing students 
21 pursuing degrees in the child care field.
22  (9) Continuation and expansion of service programs 
23 that assist teen parents to continue and complete their 
24 education.
25 Emphasis shall be given to support services that will help 
26to ensure such parents' graduation from high school and to 
 
 
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1services for participants in any programs of job training 
2conducted by the Department.
3 (e) The Department of Early Childhood shall actively 
4stimulate the development of public and private resources at 
5the local level. It shall also seek the fullest utilization of 
6federal funds directly or indirectly available to the 
7Department. Where appropriate, existing non-governmental 
8agencies or associations shall be involved in planning by the 
9Department.

10 Section 20-20. Day care facilities for the children of 
11migrant workers. On and after July 1, 2026, the Department of 
12Early Childhood shall operate day care facilities for the 
13children of migrant workers in areas of the State where they 
14are needed. The Department of Early Childhood may provide 
15these day care services by contracting with private centers if 
16practicable. "Migrant worker" means any person who moves 
17seasonally from one place to another, within or without the 
18State, for the purpose of employment in agricultural 
19activities.

20 Section 20-25. Licensing day care facilities. 
21 (a) Beginning July 1, 2024, the Department of Early 
22Childhood and the Department of Children and Family Services 
23shall collaborate and plan for the transition of 
24administrative responsibilities related to licensing day care 
 
 
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1centers, day care homes, and group day care homes as 
2prescribed throughout the Child Care Act of 1969. 
3 (b) Beginning July 1, 2026, the Department of Early 
4Childhood shall manage all facets of licensing for day care 
5centers, day care homes, and group day care homes as 
6prescribed throughout the Child Care Act of 1969. 

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

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

2 Section 20-40. Programs to train low-income older persons 
3to be child care workers. On and after July 1, 2026, the 
4Department of Early Childhood may, in conjunction with 
5colleges or universities in this State, establish programs to 
6train low-income older persons to be child care workers. The 
7Department shall prescribe, by rule:
8  (a) age and income qualifications for persons to be 
9 trained under such programs; and
10  (b) standards for such programs to ensure that such 
11 programs train participants to be skilled workers for the 
12 child care industry.

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

23
ARTICLE 80.  TRANSITION PROVISIONS


24 Section 80-5. Transfer of functions. On and after July 1, 
 
 
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12026:
2 (a) The powers, duties, rights, and responsibilities 
3vested in the transferring agencies relating to early care and 
4education programs and services to children and families 
5transferred by this Act shall be vested in and shall be 
6exercised by the Department of Early Childhood.
7 (b) Personnel employed by the Department of Human Services 
8or the Department of Children and Family Services who are 
9engaged in the performance of functions transferred to the 
10Department or who are engaged in the administration of a law 
11the administration of which is transferred to the Department 
12shall be transferred to the Department of Early Childhood. 
13 (c) All books, records, papers, documents, property (real 
14and personal), contracts, causes of action, and pending 
15business pertaining to the powers, duties, rights, and 
16responsibilities relating to functions transferred under this 
17Act to the Department of Early Childhood, including, but not 
18limited to, material in electronic or magnetic format and 
19necessary computer hardware and software, shall be transferred 
20to the Department.
21 (d) Whenever reports or notices are now required to be 
22made or given or papers or documents furnished or served by any 
23person in connection with any of the powers, duties, rights, 
24and responsibilities relating to functions transferred by this 
25Act, the same shall be made, given, furnished, or served in the 
26same manner to or upon the Department.
 
 
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1 (e) This Act does not affect any act done, ratified, or 
2canceled or any right occurring or established or any action 
3or proceeding had or commenced in an administrative, civil, or 
4criminal cause by each transferring agency relating to 
5functions transferred by this Act before the transfer of 
6responsibilities; such actions or proceedings may be 
7prosecuted and continued by the Department.

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

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

4
ARTICLE 90.  AMENDATORY PROVISIONS


5 Section 90-5. The Civil Administrative Code of Illinois is 
6amended by changing Sections 5-10, 5-15, and 5-20 and by 
7adding Section 5-336 as follows:

8 (20 ILCS 5/5-10) (was 20 ILCS 5/2.1)
9 Sec. 5-10. "Director". As used in the Civil Administrative 
10Code of Illinois, unless the context clearly indicates 
11otherwise, the word "director" means the several directors of 
12the departments of State government as designated in Section 
135-20 of this Law and includes the Secretary of Early 
14Childhood, the Secretary of Financial and Professional 
15Regulation, the Secretary of Innovation and Technology, the 
16Secretary of Human Services, and the Secretary of 
17Transportation.
18(Source: P.A. 100-611, eff. 7-20-18.)

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

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

 
 
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1 (20 ILCS 5/5-336 new)
2 Sec. 5-336. In the Department of Early Childhood. For 
3terms beginning on or after July 1, 2024, the Secretary shall 
4receive an annual salary of $214,988 or as set by the Governor, 
5whichever is higher. On July 1, 2025, and on each July 1 
6thereafter, the Secretary shall receive an increase in salary 
7based on the cost of living adjustment as authorized by Senate 
8Joint Resolution 192 of the 86th General Assembly.

9 Section 90-10. The Children and Family Services Act is 
10amended by changing Sections 5a, 5.15, 5.20, 22.1, 34.9, and 
1134.10 as follows:

12 (20 ILCS 505/5a) (from Ch. 23, par. 5005a)
13 Sec. 5a. Reimbursable services for which the Department of 
14Children and Family Services shall pay 100% of the reasonable 
15cost pursuant to a written contract negotiated between the 
16Department and the agency furnishing the services (which shall 
17include but not be limited to the determination of reasonable 
18cost, the services being purchased and the duration of the 
19agreement) include, but are not limited to:

20SERVICE ACTIVITIES

21 Adjunctive Therapy;

22 Child Care Service, including day care;

 
 
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1 Clinical Therapy;

2 Custodial Service;

3 Field Work Students;

4 Food Service;

5 Normal Education;

6 In-Service Training;

7 Intake or Evaluation, or both;

8 Medical Services;

9 Recreation;

10 Social Work or Counselling, or both;

11 Supportive Staff;

12 Volunteers.

13OBJECT EXPENSES

14 Professional Fees and Contract Service Payments;

15 Supplies;

16 Telephone and Telegram;

17 Occupancy;

18 Local Transportation;

19 Equipment and Other Fixed Assets, including amortization

20  of same;

21 Miscellaneous.

22ADMINISTRATIVE COSTS

23 Program Administration;

24 Supervision and Consultation;

 
 
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1 Inspection and Monitoring for purposes of issuing

2  licenses;

3 Determination of Children who are eligible

4 for federal or other reimbursement;

5 Postage and Shipping;

6 Outside Printing, Artwork, etc.;

7 Subscriptions and Reference Publications;

8 Management and General Expense.
9Reimbursement of administrative costs other than inspection 
10and monitoring for purposes of issuing licenses may not exceed 
1120% of the costs for other services.
12 The Department may offer services to any child or family 
13with respect to whom a report of suspected child abuse or 
14neglect has been called in to the hotline after completion of a 
15family assessment as provided under subsection (a-5) of 
16Section 7.4 of the Abused and Neglected Child Reporting Act 
17and the Department has determined that services are needed to 
18address the safety of the child and other family members and 
19the risk of subsequent maltreatment. Acceptance of such 
20services shall be voluntary. 
21 All Object Expenses, Service Activities and Administrative 
22Costs are allowable.
23 If a survey instrument is used in the rate setting 
24process:
25  (a) with respect to any day care centers, it shall be 
26 limited to those agencies which receive reimbursement from 
 
 
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1 the State;
2  (b) the cost survey instrument shall be promulgated by 
3 rule;
4  (c) any requirements of the respondents shall be 
5 promulgated by rule;
6  (d) all screens, limits or other tests of 
7 reasonableness, allowability and reimbursability shall be 
8 promulgated by rule;
9  (e) adjustments may be made by the Department to rates 
10 when it determines that reported wage and salary levels 
11 are insufficient to attract capable caregivers in 
12 sufficient numbers.
13 The Department of Children and Family Services may pay 
14100% of the reasonable costs of research and valuation focused 
15exclusively on services to youth in care. Such research 
16projects must be approved, in advance, by the Director of the 
17Department.
18 In addition to reimbursements otherwise provided for in 
19this Section, the Department of Human Services, through June 
2030, 2026 and Department of Early Childhood beginning on and 
21after July 1, 2026, shall, in accordance with annual written 
22agreements, make advance quarterly disbursements to local 
23public agencies for child day care services with funds 
24appropriated from the Local Effort Day Care Fund.
25 Neither the Department of Children and Family Services nor 
26the Department of Human Services through June 30, 2026 and the 
 
 
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1Department of Early Childhood beginning on and after July 1, 
22026 shall pay or approve reimbursement for day care in a 
3facility which is operating without a valid license or permit, 
4except in the case of day care homes or day care centers which 
5are exempt from the licensing requirements of the Child Care 
6Act of 1969.
7 The rates paid to day care providers by the Department of 
8Children and Family Services shall match the rates paid to 
9child care providers by the Department of Human Services, 
10including base rates and any relevant rate enhancements 
11through June 30, 2026. On and after July 1, 2026, the 
12Department of Early Childhood shall pay day care providers, 
13who service the Department of Children and Family Services 
14under the child care assistance program, including base rates 
15and any relevant rate enhancements. 
16 In addition to reimbursements otherwise provided for in 
17this Section, the Department of Human Services shall, in 
18accordance with annual written agreements, make advance 
19quarterly disbursements to local public agencies for child day 
20care services with funds appropriated from the Local Effort 
21Day Care Fund.
22 Neither the Department of Children and Family Services nor 
23the Department of Human Services shall pay or approve 
24reimbursement for day care in a facility which is operating 
25without a valid license or permit, except in the case of day 
26care homes or day care centers which are exempt from the 
 
 
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1licensing requirements of the "Child Care Act of 1969".
2 The rates paid to day care providers by the Department of 
3Children and Family Services shall match the rates paid to 
4child care providers by the Department of Human Services under 
5the child care assistance program, including base rates and 
6any relevant rate enhancements. 
7(Source: P.A. 102-926, eff. 7-1-23.)

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

16 (20 ILCS 505/5.20)
17 Sec. 5.20. Child care for former public aid recipients; 
18Department of Human Services. The Department of Human Services 
19may provide child care services to former recipients of 
20assistance under the Illinois Public Aid Code as authorized by 
21Section 9-6.3 of that Code. This Section is repealed on July 1, 
222026. 
23(Source: P.A. 89-507, eff. 7-1-97.)

24 (20 ILCS 505/22.1) (from Ch. 23, par. 5022.1)
 
 
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1 Sec. 22.1. Grants-in-aid for child care services; 
2Department of Human Services.
3 (a) Blank.
4 (b) Blank.
5 (c) The Department of Human Services shall establish and 
6operate day care facilities for the children of migrant 
7workers in areas of the State where they are needed. The 
8Department may provide these day care services by contracting 
9with private centers if practicable. "Migrant worker" means 
10any person who moves seasonally from one place to another, 
11within or without the State, for the purpose of employment in 
12agricultural activities. This Section is repealed on July 1, 
132026. 
14(Source: P.A. 97-516, eff. 8-23-11.)

15 (20 ILCS 505/34.9) (from Ch. 23, par. 5034.9)
16 Sec. 34.9. The Department may, in conjunction with 
17colleges or universities in this State, establish programs to 
18train low-income older persons to be child care workers. The 
19Department shall prescribe, by rule:
20 (a) age and income qualifications for persons to be 
21trained under such programs; and
22 (b) standards for such programs to ensure that such 
23programs train participants to be skilled workers for the 
24child care industry.
25 This Section is repealed on July 1, 2026. 
 
 
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1(Source: P.A. 86-889.)

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

22 Section 90-15. The Department of Human Services Act is 
23amended by changing Sections 1-75, 10-16, and 10-22 as 
24follows:

 
 
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1 (20 ILCS 1305/1-75)
2 Sec. 1-75. Off-Hours Child Care Program. 
3 (a) Legislative intent. The General Assembly finds that: 
4  (1) Finding child care can be a challenge for 
5 firefighters, paramedics, police officers, nurses, and 
6 other third shift workers across the State who often work 
7 non-typical work hours. This can impact home life, school, 
8 bedtime routines, job safety, and the mental health of 
9 some of our most critical front line workers and their 
10 families.
11  (2) There is a need for increased options for 
12 off-hours child care in the State. A majority of the 
13 State's child care facilities do not provide care outside 
14 of normal work hours, with just 3,251 day care homes and 
15 435 group day care homes that provide night care.
16  (3) Illinois has a vested interest in ensuring that 
17 our first responders and working families can provide 
18 their children with appropriate care during off hours to 
19 improve the morale of existing first responders and to 
20 improve recruitment into the future.
21 (b) As used in this Section, "first responders" means 
22emergency medical services personnel as defined in the 
23Emergency Medical Services (EMS) Systems Act, firefighters, 
24law enforcement officers, and, as determined by the 
25Department, any other workers who, on account of their work 
26schedule, need child care outside of the hours when licensed 
 
 
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1child care facilities typically operate. 
2 (c) Subject to appropriation, the Department of Human 
3Services shall establish and administer an Off-Hours Child 
4Care Program to help first responders and other workers 
5identify and access off-hours, night, or sleep time child 
6care. Services funded under the program must address the child 
7care needs of first responders. Funding provided under the 
8program may also be used to cover any capital and operating 
9expenses related to the provision of off-hours, night, or 
10sleep time child care for first responders. Funding awarded 
11under this Section shall be funded through appropriations from 
12the Off-Hours Child Care Program Fund created under subsection 
13(d). The Department shall implement the program by July 1, 
142023. The Department may adopt any rules necessary to 
15implement the program. 
16 (d) The Off-Hours Child Care Program Fund is created as a 
17special fund in the State treasury. The Fund shall consist of 
18any moneys appropriated to the Department of Human Services 
19for the Off-Hours Child Care Program. Moneys in the Fund shall 
20be expended for the Off-Hours Child Care Program and for no 
21other purpose. All interest earned on moneys in the Fund shall 
22be deposited into the Fund. 
23 (e) This Section is repealed on July 1, 2026. 
24(Source: P.A. 102-912, eff. 5-27-22; 103-154, eff. 6-30-23.)

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

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

10 Section 90-20. The Illinois Early Learning Council Act is 
11amended by changing Section 10 as follows:

12 (20 ILCS 3933/10)
13 Sec. 10. Membership. The Illinois Early Learning Council 
14shall include representation from both public and private 
15organizations, and its membership shall reflect regional, 
16racial, and cultural diversity to ensure representation of the 
17needs of all Illinois children. One member shall be appointed 
18by the President of the Senate, one member appointed by the 
19Minority Leader of the Senate, one member appointed by the 
20Speaker of the House of Representatives, one member appointed 
21by the Minority Leader of the House of Representatives, and 
22other members appointed by the Governor. The Governor's 
23appointments shall include without limitation the following: 
24  (1) A leader of stature from the Governor's office, to 
 
 
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1 serve as co-chairperson of the Council. 
2  (2) The chief administrators of the following State 
3 agencies: Department of Early Childhood, State Board of 
4 Education; Department of Human Services; Department of 
5 Children and Family Services; Department of Public Health; 
6 Department of Healthcare and Family Services; Board of 
7 Higher Education; and Illinois Community College Board. 
8  (3) Local government stakeholders and nongovernment 
9 stakeholders with an interest in early childhood care and 
10 education, including representation from the following 
11 private-sector fields and constituencies: early childhood 
12 education and development; child care; child advocacy; 
13 parenting support; local community collaborations among 
14 early care and education programs and services; maternal 
15 and child health; children with special needs; business; 
16 labor; and law enforcement. The Governor shall designate 
17 one of the members who is a nongovernment stakeholder to 
18 serve as co-chairperson.
19In addition, the Governor shall request that the Region V 
20office of the U.S. Department of Health and Human Services' 
21Administration for Children and Families appoint a member to 
22the Council to represent federal children's programs and 
23services.
24 Members appointed by General Assembly members and members 
25appointed by the Governor who are local government or 
26nongovernment stakeholders shall serve 3-year terms, except 
 
 
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1that of the initial appointments, half of these members, as 
2determined by lot, shall be appointed to 2-year terms so that 
3terms are staggered. Members shall serve on a voluntary, 
4unpaid basis.
5(Source: P.A. 95-331, eff. 8-21-07.)

6 Section 90-25. The Illinois Procurement Code is amended by 
7changing Section 1-10 as follows:

8 (30 ILCS 500/1-10)
9 Sec. 1-10. Application. 
10 (a) This Code applies only to procurements for which 
11bidders, offerors, potential contractors, or contractors were 
12first solicited on or after July 1, 1998. This Code shall not 
13be construed to affect or impair any contract, or any 
14provision of a contract, entered into based on a solicitation 
15prior to the implementation date of this Code as described in 
16Article 99, including, but not limited to, any covenant 
17entered into with respect to any revenue bonds or similar 
18instruments. All procurements for which contracts are 
19solicited between the effective date of Articles 50 and 99 and 
20July 1, 1998 shall be substantially in accordance with this 
21Code and its intent.
22 (b) This Code shall apply regardless of the source of the 
23funds with which the contracts are paid, including federal 
24assistance moneys. This Code shall not apply to:
 
 
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1  (1) Contracts between the State and its political 
2 subdivisions or other governments, or between State 
3 governmental bodies, except as specifically provided in 
4 this Code.
5  (2) Grants, except for the filing requirements of 
6 Section 20-80.
7  (3) Purchase of care, except as provided in Section 
8 5-30.6 of the Illinois Public Aid Code and this Section.
9  (4) Hiring of an individual as an employee and not as 
10 an independent contractor, whether pursuant to an 
11 employment code or policy or by contract directly with 
12 that individual.
13  (5) Collective bargaining contracts.
14  (6) Purchase of real estate, except that notice of 
15 this type of contract with a value of more than $25,000 
16 must be published in the Procurement Bulletin within 10 
17 calendar days after the deed is recorded in the county of 
18 jurisdiction. The notice shall identify the real estate 
19 purchased, the names of all parties to the contract, the 
20 value of the contract, and the effective date of the 
21 contract.
22  (7) Contracts necessary to prepare for anticipated 
23 litigation, enforcement actions, or investigations, 
24 provided that the chief legal counsel to the Governor 
25 shall give his or her prior approval when the procuring 
26 agency is one subject to the jurisdiction of the Governor, 
 
 
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1 and provided that the chief legal counsel of any other 
2 procuring entity subject to this Code shall give his or 
3 her prior approval when the procuring entity is not one 
4 subject to the jurisdiction of the Governor.
5  (8) (Blank).
6  (9) Procurement expenditures by the Illinois 
7 Conservation Foundation when only private funds are used.
8  (10) (Blank). 
9  (11) Public-private agreements entered into according 
10 to the procurement requirements of Section 20 of the 
11 Public-Private Partnerships for Transportation Act and 
12 design-build agreements entered into according to the 
13 procurement requirements of Section 25 of the 
14 Public-Private Partnerships for Transportation Act.
15  (12) (A) Contracts for legal, financial, and other 
16 professional and artistic services entered into by the 
17 Illinois Finance Authority in which the State of Illinois 
18 is not obligated. Such contracts shall be awarded through 
19 a competitive process authorized by the members of the 
20 Illinois Finance Authority and are subject to Sections 
21 5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code, 
22 as well as the final approval by the members of the 
23 Illinois Finance Authority of the terms of the contract.
24  (B) Contracts for legal and financial services entered 
25 into by the Illinois Housing Development Authority in 
26 connection with the issuance of bonds in which the State 
 
 
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1 of Illinois is not obligated. Such contracts shall be 
2 awarded through a competitive process authorized by the 
3 members of the Illinois Housing Development Authority and 
4 are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35, 
5 and 50-37 of this Code, as well as the final approval by 
6 the members of the Illinois Housing Development Authority 
7 of the terms of the contract. 
8  (13) Contracts for services, commodities, and 
9 equipment to support the delivery of timely forensic 
10 science services in consultation with and subject to the 
11 approval of the Chief Procurement Officer as provided in 
12 subsection (d) of Section 5-4-3a of the Unified Code of 
13 Corrections, except for the requirements of Sections 
14 20-60, 20-65, 20-70, and 20-160 and Article 50 of this 
15 Code; however, the Chief Procurement Officer may, in 
16 writing with justification, waive any certification 
17 required under Article 50 of this Code. For any contracts 
18 for services which are currently provided by members of a 
19 collective bargaining agreement, the applicable terms of 
20 the collective bargaining agreement concerning 
21 subcontracting shall be followed.
22  On and after January 1, 2019, this paragraph (13), 
23 except for this sentence, is inoperative. 
24  (14) Contracts for participation expenditures required 
25 by a domestic or international trade show or exhibition of 
26 an exhibitor, member, or sponsor.
 
 
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1  (15) Contracts with a railroad or utility that 
2 requires the State to reimburse the railroad or utilities 
3 for the relocation of utilities for construction or other 
4 public purpose. Contracts included within this paragraph 
5 (15) shall include, but not be limited to, those 
6 associated with: relocations, crossings, installations, 
7 and maintenance. For the purposes of this paragraph (15), 
8 "railroad" means any form of non-highway ground 
9 transportation that runs on rails or electromagnetic 
10 guideways and "utility" means: (1) public utilities as 
11 defined in Section 3-105 of the Public Utilities Act, (2) 
12 telecommunications carriers as defined in Section 13-202 
13 of the Public Utilities Act, (3) electric cooperatives as 
14 defined in Section 3.4 of the Electric Supplier Act, (4) 
15 telephone or telecommunications cooperatives as defined in 
16 Section 13-212 of the Public Utilities Act, (5) rural 
17 water or waste water systems with 10,000 connections or 
18 less, (6) a holder as defined in Section 21-201 of the 
19 Public Utilities Act, and (7) municipalities owning or 
20 operating utility systems consisting of public utilities 
21 as that term is defined in Section 11-117-2 of the 
22 Illinois Municipal Code. 
23  (16) Procurement expenditures necessary for the 
24 Department of Public Health to provide the delivery of 
25 timely newborn screening services in accordance with the 
26 Newborn Metabolic Screening Act. 
 
 
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1  (17) Procurement expenditures necessary for the 
2 Department of Agriculture, the Department of Financial and 
3 Professional Regulation, the Department of Human Services, 
4 and the Department of Public Health to implement the 
5 Compassionate Use of Medical Cannabis Program and Opioid 
6 Alternative Pilot Program requirements and ensure access 
7 to medical cannabis for patients with debilitating medical 
8 conditions in accordance with the Compassionate Use of 
9 Medical Cannabis Program Act.
10  (18) This Code does not apply to any procurements 
11 necessary for the Department of Agriculture, the 
12 Department of Financial and Professional Regulation, the 
13 Department of Human Services, the Department of Commerce 
14 and Economic Opportunity, and the Department of Public 
15 Health to implement the Cannabis Regulation and Tax Act if 
16 the applicable agency has made a good faith determination 
17 that it is necessary and appropriate for the expenditure 
18 to fall within this exemption and if the process is 
19 conducted in a manner substantially in accordance with the 
20 requirements of Sections 20-160, 25-60, 30-22, 50-5, 
21 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35, 
22 50-36, 50-37, 50-38, and 50-50 of this Code; however, for 
23 Section 50-35, compliance applies only to contracts or 
24 subcontracts over $100,000. Notice of each contract 
25 entered into under this paragraph (18) that is related to 
26 the procurement of goods and services identified in 
 
 
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1 paragraph (1) through (9) of this subsection shall be 
2 published in the Procurement Bulletin within 14 calendar 
3 days after contract execution. The Chief Procurement 
4 Officer shall prescribe the form and content of the 
5 notice. Each agency shall provide the Chief Procurement 
6 Officer, on a monthly basis, in the form and content 
7 prescribed by the Chief Procurement Officer, a report of 
8 contracts that are related to the procurement of goods and 
9 services identified in this subsection. At a minimum, this 
10 report shall include the name of the contractor, a 
11 description of the supply or service provided, the total 
12 amount of the contract, the term of the contract, and the 
13 exception to this Code utilized. A copy of any or all of 
14 these contracts shall be made available to the Chief 
15 Procurement Officer immediately upon request. The Chief 
16 Procurement Officer shall submit a report to the Governor 
17 and General Assembly no later than November 1 of each year 
18 that includes, at a minimum, an annual summary of the 
19 monthly information reported to the Chief Procurement 
20 Officer. This exemption becomes inoperative 5 years after 
21 June 25, 2019 (the effective date of Public Act 101-27).
22  (19) Acquisition of modifications or adjustments, 
23 limited to assistive technology devices and assistive 
24 technology services, adaptive equipment, repairs, and 
25 replacement parts to provide reasonable accommodations (i) 
26 that enable a qualified applicant with a disability to 
 
 
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1 complete the job application process and be considered for 
2 the position such qualified applicant desires, (ii) that 
3 modify or adjust the work environment to enable a 
4 qualified current employee with a disability to perform 
5 the essential functions of the position held by that 
6 employee, (iii) to enable a qualified current employee 
7 with a disability to enjoy equal benefits and privileges 
8 of employment as are enjoyed by other similarly situated 
9 employees without disabilities, and (iv) that allow a 
10 customer, client, claimant, or member of the public 
11 seeking State services full use and enjoyment of and 
12 access to its programs, services, or benefits. 
13  For purposes of this paragraph (19):
14  "Assistive technology devices" means any item, piece 
15 of equipment, or product system, whether acquired 
16 commercially off the shelf, modified, or customized, that 
17 is used to increase, maintain, or improve functional 
18 capabilities of individuals with disabilities.
19  "Assistive technology services" means any service that 
20 directly assists an individual with a disability in 
21 selection, acquisition, or use of an assistive technology 
22 device.
23  "Qualified" has the same meaning and use as provided 
24 under the federal Americans with Disabilities Act when 
25 describing an individual with a disability. 
26  (20) Procurement expenditures necessary for the 
 
 
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1 Illinois Commerce Commission to hire third-party 
2 facilitators pursuant to Sections 16-105.17 and 16-108.18 
3 of the Public Utilities Act or an ombudsman pursuant to 
4 Section 16-107.5 of the Public Utilities Act, a 
5 facilitator pursuant to Section 16-105.17 of the Public 
6 Utilities Act, or a grid auditor pursuant to Section 
7 16-105.10 of the Public Utilities Act. 
8  (21) Procurement expenditures for the purchase, 
9 renewal, and expansion of software, software licenses, or 
10 software maintenance agreements that support the efforts 
11 of the Illinois State Police to enforce, regulate, and 
12 administer the Firearm Owners Identification Card Act, the 
13 Firearm Concealed Carry Act, the Firearms Restraining 
14 Order Act, the Firearm Dealer License Certification Act, 
15 the Law Enforcement Agencies Data System (LEADS), the 
16 Uniform Crime Reporting Act, the Criminal Identification 
17 Act, the Illinois Uniform Conviction Information Act, and 
18 the Gun Trafficking Information Act, or establish or 
19 maintain record management systems necessary to conduct 
20 human trafficking investigations or gun trafficking or 
21 other stolen firearm investigations. This paragraph (21) 
22 applies to contracts entered into on or after January 10, 
23 2023 (the effective date of Public Act 102-1116) and the 
24 renewal of contracts that are in effect on January 10, 
25 2023 (the effective date of Public Act 102-1116). 
26  (22) Contracts for project management services and 
 
 
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1 system integration services required for the completion of 
2 the State's enterprise resource planning project. This 
3 exemption becomes inoperative 5 years after June 7, 2023 
4 (the effective date of the changes made to this Section by 
5 Public Act 103-8). This paragraph (22) applies to 
6 contracts entered into on or after June 7, 2023 (the 
7 effective date of the changes made to this Section by 
8 Public Act 103-8) and the renewal of contracts that are in 
9 effect on June 7, 2023 (the effective date of the changes 
10 made to this Section by Public Act 103-8). 
11  (23) Procurements necessary for the Department of 
12 Insurance to implement the Illinois Health Benefits 
13 Exchange Law if the Department of Insurance has made a 
14 good faith determination that it is necessary and 
15 appropriate for the expenditure to fall within this 
16 exemption. The procurement process shall be conducted in a 
17 manner substantially in accordance with the requirements 
18 of Sections 20-160 and 25-60 and Article 50 of this Code. A 
19 copy of these contracts shall be made available to the 
20 Chief Procurement Officer immediately upon request. This 
21 paragraph is inoperative 5 years after June 27, 2023 (the 
22 effective date of Public Act 103-103). 
23  (24) (22) Contracts for public education programming, 
24 noncommercial sustaining announcements, public service 
25 announcements, and public awareness and education 
26 messaging with the nonprofit trade associations of the 
 
 
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1 providers of those services that inform the public on 
2 immediate and ongoing health and safety risks and hazards. 
3  (25) Procurements necessary for the Department of 
4 Early Childhood to implement the Department of Early 
5 Childhood Act if the Department has made a good faith 
6 determination that it is necessary and appropriate for the 
7 expenditure to fall within this exemption. This exemption 
8 shall only be used for products and services procured 
9 solely for use by the Department of Early Childhood. The 
10 procurements may include those necessary to design and 
11 build integrated, operational systems of programs and 
12 services. The procurements may include, but are not 
13 limited to, those necessary to align and update program 
14 standards, integrate funding systems, design and establish 
15 data and reporting systems, align and update models for 
16 technical assistance and professional development, design 
17 systems to manage grants and ensure compliance, design and 
18 implement management and operational structures, and 
19 establish new means of engaging with families, educators, 
20 providers, and stakeholders. The procurement processes 
21 shall be conducted in a manner substantially in accordance 
22 with the requirements of Article 50 (ethics) and Sections 
23 5-5 (Procurement Policy Board), 5-7 (Commission on Equity 
24 and Inclusion), 20-80 (contract files), 20-120 
25 (subcontractors), 20-155 (paperwork), 20-160 
26 (ethics/campaign contribution prohibitions), 25-60 
 
 
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1 (prevailing wage), and 25-90 (prohibited and authorized 
2 cybersecurity) of this Code. Beginning January 1, 2025, 
3 the Department of Early Childhood shall provide a 
4 quarterly report to the General Assembly detailing a list 
5 of expenditures and contracts for which the Department 
6 uses this exemption. This paragraph is inoperative on and 
7 after July 1, 2027. 
8 Notwithstanding any other provision of law, for contracts 
9with an annual value of more than $100,000 entered into on or 
10after October 1, 2017 under an exemption provided in any 
11paragraph of this subsection (b), except paragraph (1), (2), 
12or (5), each State agency shall post to the appropriate 
13procurement bulletin the name of the contractor, a description 
14of the supply or service provided, the total amount of the 
15contract, the term of the contract, and the exception to the 
16Code utilized. The chief procurement officer shall submit a 
17report to the Governor and General Assembly no later than 
18November 1 of each year that shall include, at a minimum, an 
19annual summary of the monthly information reported to the 
20chief procurement officer. 
21 (c) This Code does not apply to the electric power 
22procurement process provided for under Section 1-75 of the 
23Illinois Power Agency Act and Section 16-111.5 of the Public 
24Utilities Act. This Code does not apply to the procurement of 
25technical and policy experts pursuant to Section 1-129 of the 
26Illinois Power Agency Act. 
 
 
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1 (d) Except for Section 20-160 and Article 50 of this Code, 
2and as expressly required by Section 9.1 of the Illinois 
3Lottery Law, the provisions of this Code do not apply to the 
4procurement process provided for under Section 9.1 of the 
5Illinois Lottery Law. 
6 (e) This Code does not apply to the process used by the 
7Capital Development Board to retain a person or entity to 
8assist the Capital Development Board with its duties related 
9to the determination of costs of a clean coal SNG brownfield 
10facility, as defined by Section 1-10 of the Illinois Power 
11Agency Act, as required in subsection (h-3) of Section 9-220 
12of the Public Utilities Act, including calculating the range 
13of capital costs, the range of operating and maintenance 
14costs, or the sequestration costs or monitoring the 
15construction of clean coal SNG brownfield facility for the 
16full duration of construction.
17 (f) (Blank). 
18 (g) (Blank).
19 (h) This Code does not apply to the process to procure or 
20contracts entered into in accordance with Sections 11-5.2 and 
2111-5.3 of the Illinois Public Aid Code. 
22 (i) Each chief procurement officer may access records 
23necessary to review whether a contract, purchase, or other 
24expenditure is or is not subject to the provisions of this 
25Code, unless such records would be subject to attorney-client 
26privilege. 
 
 
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1 (j) This Code does not apply to the process used by the 
2Capital Development Board to retain an artist or work or works 
3of art as required in Section 14 of the Capital Development 
4Board Act. 
5 (k) This Code does not apply to the process to procure 
6contracts, or contracts entered into, by the State Board of 
7Elections or the State Electoral Board for hearing officers 
8appointed pursuant to the Election Code. 
9 (l) This Code does not apply to the processes used by the 
10Illinois Student Assistance Commission to procure supplies and 
11services paid for from the private funds of the Illinois 
12Prepaid Tuition Fund. As used in this subsection (l), "private 
13funds" means funds derived from deposits paid into the 
14Illinois Prepaid Tuition Trust Fund and the earnings thereon. 
15 (m) This Code shall apply regardless of the source of 
16funds with which contracts are paid, including federal 
17assistance moneys. Except as specifically provided in this 
18Code, this Code shall not apply to procurement expenditures 
19necessary for the Department of Public Health to conduct the 
20Healthy Illinois Survey in accordance with Section 2310-431 of 
21the Department of Public Health Powers and Duties Law of the 
22Civil Administrative Code of Illinois. 
23(Source: P.A. 102-175, eff. 7-29-21; 102-483, eff 1-1-22; 
24102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, eff. 
259-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22; 
26102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-103, eff. 
 
 
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16-27-23; 103-570, eff. 1-1-24; 103-580, eff. 12-8-23; revised 
21-2-24.)

3 Section 90-30. The School Code is amended by changing 
4Sections 1A-4, 1C-2, 1C-4, 1D-1, 2-3.47, 2-3.64a-10, 2-3.71, 
52-3.71a, 2-3.79, 2-3.89, 10-22.6, 21B-50, 22-45, and 26-19 as 
6follows:

7 (105 ILCS 5/1A-4) (from Ch. 122, par. 1A-4)
8 Sec. 1A-4. Powers and duties of the Board. 
9 A. (Blank).
10 B. The Board shall determine the qualifications of and 
11appoint a chief education officer, to be known as the State 
12Superintendent of Education, who may be proposed by the 
13Governor and who shall serve at the pleasure of the Board and 
14pursuant to a performance-based contract linked to statewide 
15student performance and academic improvement within Illinois 
16schools. Upon expiration or buyout of the contract of the 
17State Superintendent of Education in office on the effective 
18date of this amendatory Act of the 93rd General Assembly, a 
19State Superintendent of Education shall be appointed by a 
20State Board of Education that includes the 7 new Board members 
21who were appointed to fill seats of members whose terms were 
22terminated on the effective date of this amendatory Act of the 
2393rd General Assembly. Thereafter, a State Superintendent of 
24Education must, at a minimum, be appointed at the beginning of 
 
 
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1each term of a Governor after that Governor has made 
2appointments to the Board. A performance-based contract issued 
3for the employment of a State Superintendent of Education 
4entered into on or after the effective date of this amendatory 
5Act of the 93rd General Assembly must expire no later than 
6February 1, 2007, and subsequent contracts must expire no 
7later than February 1 each 4 years thereafter. No contract 
8shall be extended or renewed beyond February 1, 2007 and 
9February 1 each 4 years thereafter, but a State Superintendent 
10of Education shall serve until his or her successor is 
11appointed. Each contract entered into on or before January 8, 
122007 with a State Superintendent of Education must provide 
13that the State Board of Education may terminate the contract 
14for cause, and the State Board of Education shall not 
15thereafter be liable for further payments under the contract. 
16With regard to this amendatory Act of the 93rd General 
17Assembly, it is the intent of the General Assembly that, 
18beginning with the Governor who takes office on the second 
19Monday of January, 2007, a State Superintendent of Education 
20be appointed at the beginning of each term of a Governor after 
21that Governor has made appointments to the Board. The State 
22Superintendent of Education shall not serve as a member of the 
23State Board of Education. The Board shall set the compensation 
24of the State Superintendent of Education who shall serve as 
25the Board's chief executive officer. The Board shall also 
26establish the duties, powers and responsibilities of the State 
 
 
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1Superintendent, which shall be included in the State 
2Superintendent's performance-based contract along with the 
3goals and indicators of student performance and academic 
4improvement used to measure the performance and effectiveness 
5of the State Superintendent. The State Board of Education may 
6delegate to the State Superintendent of Education the 
7authority to act on the Board's behalf, provided such 
8delegation is made pursuant to adopted board policy or the 
9powers delegated are ministerial in nature. The State Board 
10may not delegate authority under this Section to the State 
11Superintendent to (1) nonrecognize school districts, (2) 
12withhold State payments as a penalty, or (3) make final 
13decisions under the contested case provisions of the Illinois 
14Administrative Procedure Act unless otherwise provided by law.
15 C. The powers and duties of the State Board of Education 
16shall encompass all duties delegated to the Office of 
17Superintendent of Public Instruction on January 12, 1975, 
18except as the law providing for such powers and duties is 
19thereafter amended, and such other powers and duties as the 
20General Assembly shall designate. The Board shall be 
21responsible for the educational policies and guidelines for 
22public schools, pre-school through grade 12 and Vocational 
23Education in the State of Illinois. Beginning July 1, 2024, 
24educational policies and guidelines pertaining to pre-school 
25and the Prevention Initiative program shall be done in 
26consultation with the Department of Early Childhood. The Board 
 
 
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1shall analyze the present and future aims, needs, and 
2requirements of education in the State of Illinois and 
3recommend to the General Assembly the powers which should be 
4exercised by the Board. The Board shall recommend the passage 
5and the legislation necessary to determine the appropriate 
6relationship between the Board and local boards of education 
7and the various State agencies and shall recommend desirable 
8modifications in the laws which affect schools.  
9 D. Two members of the Board shall be appointed by the 
10chairperson to serve on a standing joint Education Committee, 
112 others shall be appointed from the Board of Higher 
12Education, 2 others shall be appointed by the chairperson of 
13the Illinois Community College Board, and 2 others shall be 
14appointed by the chairperson of the Human Resource Investment 
15Council. The Committee shall be responsible for making 
16recommendations concerning the submission of any workforce 
17development plan or workforce training program required by 
18federal law or under any block grant authority. The Committee 
19will be responsible for developing policy on matters of mutual 
20concern to elementary, secondary and higher education such as 
21Occupational and Career Education, Teacher Preparation and 
22Licensure, Educational Finance, Articulation between 
23Elementary, Secondary and Higher Education and Research and 
24Planning. The joint Education Committee shall meet at least 
25quarterly and submit an annual report of its findings, 
26conclusions, and recommendations to the State Board of 
 
 
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1Education, the Board of Higher Education, the Illinois 
2Community College Board, the Human Resource Investment 
3Council, the Governor, and the General Assembly. All meetings 
4of this Committee shall be official meetings for reimbursement 
5under this Act. On the effective date of this amendatory Act of 
6the 95th General Assembly, the Joint Education Committee is 
7abolished. 
8 E. Five members of the Board shall constitute a quorum. A 
9majority vote of the members appointed, confirmed and serving 
10on the Board is required to approve any action, except that the 
117 new Board members who were appointed to fill seats of members 
12whose terms were terminated on the effective date of this 
13amendatory act of the 93rd General Assembly may vote to 
14approve actions when appointed and serving.
15 F. Upon appointment of the 7 new Board members who were 
16appointed to fill seats of members whose terms were terminated 
17on the effective date of this amendatory Act of the 93rd 
18General Assembly, the Board shall review all of its current 
19rules in an effort to streamline procedures, improve 
20efficiency, and eliminate unnecessary forms and paperwork. 
21(Source: P.A. 102-894, eff. 5-20-22.)

22 (105 ILCS 5/1C-2)
23 Sec. 1C-2. Block grants. 
24 (a) For fiscal year 1999, and each fiscal year thereafter 
25through fiscal year 2026, the State Board of Education shall 
 
 
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1award to school districts block grants as described in 
2subsection (c). The State Board of Education may adopt rules 
3and regulations necessary to implement this Section. In 
4accordance with Section 2-3.32, all state block grants are 
5subject to an audit. Therefore, block grant receipts and block 
6grant expenditures shall be recorded to the appropriate fund 
7code.
8 (b) (Blank).
9 (c) An Early Childhood Education Block Grant shall be 
10created by combining the following programs: Preschool 
11Education, Parental Training and Prevention Initiative. These 
12funds shall be distributed to school districts and other 
13entities on a competitive basis, except that the State Board 
14of Education shall award to a school district having a 
15population exceeding 500,000 inhabitants 37% of the funds in 
16each fiscal year. Not less than 14% of the Early Childhood 
17Education Block Grant allocation of funds shall be used to 
18fund programs for children ages 0-3. Beginning in Fiscal Year 
192016, at least 25% of any additional Early Childhood Education 
20Block Grant funding over and above the previous fiscal year's 
21allocation shall be used to fund programs for children ages 
220-3. Once the percentage of Early Childhood Education Block 
23Grant funding allocated to programs for children ages 0-3 
24reaches 20% of the overall Early Childhood Education Block 
25Grant allocation for a full fiscal year, thereafter in 
26subsequent fiscal years the percentage of Early Childhood 
 
 
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1Education Block Grant funding allocated to programs for 
2children ages 0-3 each fiscal year shall remain at least 20% of 
3the overall Early Childhood Education Block Grant allocation. 
4However, if, in a given fiscal year, the amount appropriated 
5for the Early Childhood Education Block Grant is insufficient 
6to increase the percentage of the grant to fund programs for 
7children ages 0-3 without reducing the amount of the grant for 
8existing providers of preschool education programs, then the 
9percentage of the grant to fund programs for children ages 0-3 
10may be held steady instead of increased.This subsection (c) is 
11inoperative on and after July 1, 2026. 
12(Source: P.A. 99-589, eff. 7-21-16; 100-465, eff. 8-31-17.)

13 (105 ILCS 5/1C-4)
14 Sec. 1C-4. Reports. A school district that receives an 
15Early Childhood Education Block Grant shall report to the 
16State Board of Education on its use of the block grant in such 
17form and detail as the State Board of Education may specify. In 
18addition, the report must include the following description 
19for the district, which must also be reported to the General 
20Assembly: block grant allocation and expenditures by program; 
21population and service levels by program; and administrative 
22expenditures by program. The State Board of Education shall 
23ensure that the reporting requirements for a district 
24organized under Article 34 of this Code are the same as for all 
25other school districts in this State. 
 
 
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1 This Section is repealed on July 1, 2026. 
2(Source: P.A. 99-30, eff. 7-10-15.)

3 (105 ILCS 5/1D-1)
4 (Text of Section from P.A. 100-55)
5 Sec. 1D-1. Block grant funding. 
6 (a) For fiscal year 1996 and each fiscal year thereafter, 
7the State Board of Education shall award to a school district 
8having a population exceeding 500,000 inhabitants a general 
9education block grant and an educational services block grant, 
10determined as provided in this Section, in lieu of 
11distributing to the district separate State funding for the 
12programs described in subsections (b) and (c). The provisions 
13of this Section, however, do not apply to any federal funds 
14that the district is entitled to receive. In accordance with 
15Section 2-3.32, all block grants are subject to an audit. 
16Therefore, block grant receipts and block grant expenditures 
17shall be recorded to the appropriate fund code for the 
18designated block grant.
19 (b) The general education block grant shall include the 
20following programs: REI Initiative, Summer Bridges, Preschool 
21Education, K-6 Comprehensive Arts, School Improvement Support, 
22Urban Education, Scientific Literacy, Substance Abuse 
23Prevention, Second Language Planning, Staff Development, 
24Outcomes and Assessment, K-6 Reading Improvement, 7-12 
25Continued Reading Improvement, Truants' Optional Education, 
 
 
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1Hispanic Programs, Agriculture Education, Parental Training, 
2Prevention Initiative, Report Cards, and Criminal Background 
3Investigations. The general education block grant shall also 
4include Preschool Education, Parental Training, and Prevention 
5Initiative through June 30, 2026. Notwithstanding any other 
6provision of law, all amounts paid under the general education 
7block grant from State appropriations to a school district in 
8a city having a population exceeding 500,000 inhabitants shall 
9be appropriated and expended by the board of that district for 
10any of the programs included in the block grant or any of the 
11board's lawful purposes. Beginning in Fiscal Year 2018, at 
12least 25% of any additional Preschool Education, Parental 
13Training, and Prevention Initiative program funding over and 
14above the previous fiscal year's allocation shall be used to 
15fund programs for children ages 0-3. Beginning in Fiscal Year 
162018, funding for Preschool Education, Parental Training, and 
17Prevention Initiative programs above the allocation for these 
18programs in Fiscal Year 2017 must be used solely as a 
19supplement for these programs and may not supplant funds 
20received from other sources. 
21 (b-5) Beginning in Fiscal Year 2027, the Department of 
22Early Childhood shall award a block grant for Preschool 
23Education, Parental Training, and Prevention Initiative to a 
24school district having a population exceeding 500,000 
25inhabitants. The grants are subject to audit. Therefore, block 
26grant receipts and block grant expenditures shall be recorded 
 
 
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1to the appropriate fund code for the designated block grant. 
2Notwithstanding any other provision of law, all amounts paid 
3under the block grant from State appropriations to a school 
4district in a city having a population exceeding 500,000 
5inhabitants shall be appropriated and expended by the board of 
6that district for any of the programs included in the block 
7grant or any of the board's lawful purposes. The district is 
8not required to file any application or other claim in order to 
9receive the block grant to which it is entitled under this 
10Section. The Department of Early Childhood shall make payments 
11to the district of amounts due under the district's block 
12grant on a schedule determined by the Department. A school 
13district to which this Section applies shall report to the 
14Department of Early Childhood on its use of the block grant in 
15such form and detail as the Department may specify. In 
16addition, the report must include the following description 
17for the district, which must also be reported to the General 
18Assembly: block grant allocation and expenditures by program; 
19population and service levels by program; and administrative 
20expenditures by program. The Department shall ensure that the 
21reporting requirements for the district are the same as for 
22all other school districts in this State. Beginning in Fiscal 
23Year 2018, at least 25% of any additional Preschool Education, 
24Parental Training, and Prevention Initiative program funding 
25over and above the previous fiscal year's allocation shall be 
26used to fund programs for children ages 0-3. Beginning in 
 
 
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1Fiscal Year 2018, funding for Preschool Education, Parental 
2Training, and Prevention Initiative programs above the 
3allocation for these programs in Fiscal Year 2017 must be used 
4solely as a supplement for these programs and may not supplant 
5funds received from other sources. 
6 (c) The educational services block grant shall include the 
7following programs: Regular and Vocational Transportation, 
8State Lunch and Free Breakfast Program, Special Education 
9(Personnel, Transportation, Orphanage, Private Tuition), 
10funding for children requiring special education services, 
11Summer School, Educational Service Centers, and 
12Administrator's Academy. This subsection (c) does not relieve 
13the district of its obligation to provide the services 
14required under a program that is included within the 
15educational services block grant. It is the intention of the 
16General Assembly in enacting the provisions of this subsection 
17(c) to relieve the district of the administrative burdens that 
18impede efficiency and accompany single-program funding. The 
19General Assembly encourages the board to pursue mandate 
20waivers pursuant to Section 2-3.25g.
21 The funding program included in the educational services 
22block grant for funding for children requiring special 
23education services in each fiscal year shall be treated in 
24that fiscal year as a payment to the school district in respect 
25of services provided or costs incurred in the prior fiscal 
26year, calculated in each case as provided in this Section. 
 
 
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1Nothing in this Section shall change the nature of payments 
2for any program that, apart from this Section, would be or, 
3prior to adoption or amendment of this Section, was on the 
4basis of a payment in a fiscal year in respect of services 
5provided or costs incurred in the prior fiscal year, 
6calculated in each case as provided in this Section. 
7 (d) For fiscal year 1996 and each fiscal year thereafter, 
8the amount of the district's block grants shall be determined 
9as follows: (i) with respect to each program that is included 
10within each block grant, the district shall receive an amount 
11equal to the same percentage of the current fiscal year 
12appropriation made for that program as the percentage of the 
13appropriation received by the district from the 1995 fiscal 
14year appropriation made for that program, and (ii) the total 
15amount that is due the district under the block grant shall be 
16the aggregate of the amounts that the district is entitled to 
17receive for the fiscal year with respect to each program that 
18is included within the block grant that the State Board of 
19Education shall award the district under this Section for that 
20fiscal year. In the case of the Summer Bridges program, the 
21amount of the district's block grant shall be equal to 44% of 
22the amount of the current fiscal year appropriation made for 
23that program.
24 (e) The district is not required to file any application 
25or other claim in order to receive the block grants to which it 
26is entitled under this Section. The State Board of Education 
 
 
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1shall make payments to the district of amounts due under the 
2district's block grants on a schedule determined by the State 
3Board of Education.
4 (f) A school district to which this Section applies shall 
5report to the State Board of Education on its use of the block 
6grants in such form and detail as the State Board of Education 
7may specify. In addition, the report must include the 
8following description for the district, which must also be 
9reported to the General Assembly: block grant allocation and 
10expenditures by program; population and service levels by 
11program; and administrative expenditures by program. The State 
12Board of Education shall ensure that the reporting 
13requirements for the district are the same as for all other 
14school districts in this State. 
15 (g) This paragraph provides for the treatment of block 
16grants under Article 1C for purposes of calculating the amount 
17of block grants for a district under this Section. Those block 
18grants under Article 1C are, for this purpose, treated as 
19included in the amount of appropriation for the various 
20programs set forth in paragraph (b) above. The appropriation 
21in each current fiscal year for each block grant under Article 
221C shall be treated for these purposes as appropriations for 
23the individual program included in that block grant. The 
24proportion of each block grant so allocated to each such 
25program included in it shall be the proportion which the 
26appropriation for that program was of all appropriations for 
 
 
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1such purposes now in that block grant, in fiscal 1995.
2 Payments to the school district under this Section with 
3respect to each program for which payments to school districts 
4generally, as of the date of this amendatory Act of the 92nd 
5General Assembly, are on a reimbursement basis shall continue 
6to be made to the district on a reimbursement basis, pursuant 
7to the provisions of this Code governing those programs.
8 (h) Notwithstanding any other provision of law, any school 
9district receiving a block grant under this Section may 
10classify all or a portion of the funds that it receives in a 
11particular fiscal year from any block grant authorized under 
12this Code or from general State aid pursuant to Section 
1318-8.05 of this Code (other than supplemental general State 
14aid) as funds received in connection with any funding program 
15for which it is entitled to receive funds from the State in 
16that fiscal year (including, without limitation, any funding 
17program referred to in subsection (c) of this Section), 
18regardless of the source or timing of the receipt. The 
19district may not classify more funds as funds received in 
20connection with the funding program than the district is 
21entitled to receive in that fiscal year for that program. Any 
22classification by a district must be made by a resolution of 
23its board of education. The resolution must identify the 
24amount of any block grant or general State aid to be classified 
25under this subsection (h) and must specify the funding program 
26to which the funds are to be treated as received in connection 
 
 
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1therewith. This resolution is controlling as to the 
2classification of funds referenced therein. A certified copy 
3of the resolution must be sent to the State Superintendent of 
4Education. The resolution shall still take effect even though 
5a copy of the resolution has not been sent to the State 
6Superintendent of Education in a timely manner. No 
7classification under this subsection (h) by a district shall 
8affect the total amount or timing of money the district is 
9entitled to receive under this Code. No classification under 
10this subsection (h) by a district shall in any way relieve the 
11district from or affect any requirements that otherwise would 
12apply with respect to the block grant as provided in this 
13Section, including any accounting of funds by source, 
14reporting expenditures by original source and purpose, 
15reporting requirements, or requirements of provision of 
16services.
17(Source: P.A. 100-55, eff. 8-11-17.)

18 (Text of Section from P.A. 100-465)
19 Sec. 1D-1. Block grant funding. 
20 (a) For fiscal year 1996 through fiscal year 2017, the 
21State Board of Education shall award to a school district 
22having a population exceeding 500,000 inhabitants a general 
23education block grant and an educational services block grant, 
24determined as provided in this Section, in lieu of 
25distributing to the district separate State funding for the 
 
 
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1programs described in subsections (b) and (c). The provisions 
2of this Section, however, do not apply to any federal funds 
3that the district is entitled to receive. In accordance with 
4Section 2-3.32, all block grants are subject to an audit. 
5Therefore, block grant receipts and block grant expenditures 
6shall be recorded to the appropriate fund code for the 
7designated block grant.
8 (b) The general education block grant shall include the 
9following programs: REI Initiative, Summer Bridges, Preschool 
10At Risk, K-6 Comprehensive Arts, School Improvement Support, 
11Urban Education, Scientific Literacy, Substance Abuse 
12Prevention, Second Language Planning, Staff Development, 
13Outcomes and Assessment, K-6 Reading Improvement, 7-12 
14Continued Reading Improvement, Truants' Optional Education, 
15Hispanic Programs, Agriculture Education, Parental Education, 
16Prevention Initiative, Report Cards, and Criminal Background 
17Investigations. The general education block grant shall also 
18include Preschool Education, Parental Training, and Prevention 
19Initiative through June 30, 2026. Notwithstanding any other 
20provision of law, all amounts paid under the general education 
21block grant from State appropriations to a school district in 
22a city having a population exceeding 500,000 inhabitants shall 
23be appropriated and expended by the board of that district for 
24any of the programs included in the block grant or any of the 
25board's lawful purposes.
26 (b-5) Beginning in Fiscal Year 2027, the Department of 
 
 
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1Early Childhood shall award a block grant for Preschool 
2Education, Parental Training, and Prevention Initiative to a 
3school district having a population exceeding 500,000 
4inhabitants. The grants are subject to audit. Therefore, block 
5grant receipts and block grant expenditures shall be recorded 
6to the appropriate fund code for the designated block grant. 
7Notwithstanding any other provision of law, all amounts paid 
8under the block grant from State appropriations to a school 
9district in a city having a population exceeding 500,000 
10inhabitants shall be appropriated and expended by the board of 
11that district for any of the programs included in the block 
12grant or any of the board's lawful purposes. The district is 
13not required to file any application or other claim in order to 
14receive the block grant to which it is entitled under this 
15Section. The Department of Early Childhood shall make payments 
16to the district of amounts due under the district's block 
17grant on a schedule determined by the Department. A school 
18district to which this Section applies shall report to the 
19Department of Early Childhood on its use of the block grant in 
20such form and detail as the Department may specify. In 
21addition, the report must include the following description 
22for the district, which must also be reported to the General 
23Assembly: block grant allocation and expenditures by program; 
24population and service levels by program; and administrative 
25expenditures by program. The Department shall ensure that the 
26reporting requirements for the district are the same as for 
 
 
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1all other school districts in this State. Beginning in Fiscal 
2Year 2018, at least 25% of any additional Preschool Education, 
3Parental Training, and Prevention Initiative program funding 
4over and above the previous fiscal year's allocation shall be 
5used to fund programs for children ages 0-3. Beginning in 
6Fiscal Year 2018, funding for Preschool Education, Parental 
7Training, and Prevention Initiative programs above the 
8allocation for these programs in Fiscal Year 2017 must be used 
9solely as a supplement for these programs and may not supplant 
10funds received from other sources. (b-10). 
11 (c) The educational services block grant shall include the 
12following programs: Regular and Vocational Transportation, 
13State Lunch and Free Breakfast Program, Special Education 
14(Personnel, Transportation, Orphanage, Private Tuition), 
15funding for children requiring special education services, 
16Summer School, Educational Service Centers, and 
17Administrator's Academy. This subsection (c) does not relieve 
18the district of its obligation to provide the services 
19required under a program that is included within the 
20educational services block grant. It is the intention of the 
21General Assembly in enacting the provisions of this subsection 
22(c) to relieve the district of the administrative burdens that 
23impede efficiency and accompany single-program funding. The 
24General Assembly encourages the board to pursue mandate 
25waivers pursuant to Section 2-3.25g.
26 The funding program included in the educational services 
 
 
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1block grant for funding for children requiring special 
2education services in each fiscal year shall be treated in 
3that fiscal year as a payment to the school district in respect 
4of services provided or costs incurred in the prior fiscal 
5year, calculated in each case as provided in this Section. 
6Nothing in this Section shall change the nature of payments 
7for any program that, apart from this Section, would be or, 
8prior to adoption or amendment of this Section, was on the 
9basis of a payment in a fiscal year in respect of services 
10provided or costs incurred in the prior fiscal year, 
11calculated in each case as provided in this Section. 
12 (d) For fiscal year 1996 through fiscal year 2017, the 
13amount of the district's block grants shall be determined as 
14follows: (i) with respect to each program that is included 
15within each block grant, the district shall receive an amount 
16equal to the same percentage of the current fiscal year 
17appropriation made for that program as the percentage of the 
18appropriation received by the district from the 1995 fiscal 
19year appropriation made for that program, and (ii) the total 
20amount that is due the district under the block grant shall be 
21the aggregate of the amounts that the district is entitled to 
22receive for the fiscal year with respect to each program that 
23is included within the block grant that the State Board of 
24Education shall award the district under this Section for that 
25fiscal year. In the case of the Summer Bridges program, the 
26amount of the district's block grant shall be equal to 44% of 
 
 
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1the amount of the current fiscal year appropriation made for 
2that program.
3 (e) The district is not required to file any application 
4or other claim in order to receive the block grants to which it 
5is entitled under this Section. The State Board of Education 
6shall make payments to the district of amounts due under the 
7district's block grants on a schedule determined by the State 
8Board of Education.
9 (f) A school district to which this Section applies shall 
10report to the State Board of Education on its use of the block 
11grants in such form and detail as the State Board of Education 
12may specify. In addition, the report must include the 
13following description for the district, which must also be 
14reported to the General Assembly: block grant allocation and 
15expenditures by program; population and service levels by 
16program; and administrative expenditures by program. The State 
17Board of Education shall ensure that the reporting 
18requirements for the district are the same as for all other 
19school districts in this State. 
20 (g) Through fiscal year 2017, this paragraph provides for 
21the treatment of block grants under Article 1C for purposes of 
22calculating the amount of block grants for a district under 
23this Section. Those block grants under Article 1C are, for 
24this purpose, treated as included in the amount of 
25appropriation for the various programs set forth in paragraph 
26(b) above. The appropriation in each current fiscal year for 
 
 
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1each block grant under Article 1C shall be treated for these 
2purposes as appropriations for the individual program included 
3in that block grant. The proportion of each block grant so 
4allocated to each such program included in it shall be the 
5proportion which the appropriation for that program was of all 
6appropriations for such purposes now in that block grant, in 
7fiscal 1995.
8 Payments to the school district under this Section with 
9respect to each program for which payments to school districts 
10generally, as of the date of this amendatory Act of the 92nd 
11General Assembly, are on a reimbursement basis shall continue 
12to be made to the district on a reimbursement basis, pursuant 
13to the provisions of this Code governing those programs.
14 (h) Notwithstanding any other provision of law, any school 
15district receiving a block grant under this Section may 
16classify all or a portion of the funds that it receives in a 
17particular fiscal year from any block grant authorized under 
18this Code or from general State aid pursuant to Section 
1918-8.05 of this Code (other than supplemental general State 
20aid) as funds received in connection with any funding program 
21for which it is entitled to receive funds from the State in 
22that fiscal year (including, without limitation, any funding 
23program referred to in subsection (c) of this Section), 
24regardless of the source or timing of the receipt. The 
25district may not classify more funds as funds received in 
26connection with the funding program than the district is 
 
 
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1entitled to receive in that fiscal year for that program. Any 
2classification by a district must be made by a resolution of 
3its board of education. The resolution must identify the 
4amount of any block grant or general State aid to be classified 
5under this subsection (h) and must specify the funding program 
6to which the funds are to be treated as received in connection 
7therewith. This resolution is controlling as to the 
8classification of funds referenced therein. A certified copy 
9of the resolution must be sent to the State Superintendent of 
10Education. The resolution shall still take effect even though 
11a copy of the resolution has not been sent to the State 
12Superintendent of Education in a timely manner. No 
13classification under this subsection (h) by a district shall 
14affect the total amount or timing of money the district is 
15entitled to receive under this Code. No classification under 
16this subsection (h) by a district shall in any way relieve the 
17district from or affect any requirements that otherwise would 
18apply with respect to the block grant as provided in this 
19Section, including any accounting of funds by source, 
20reporting expenditures by original source and purpose, 
21reporting requirements, or requirements of provision of 
22services.
23(Source: P.A. 100-465, eff. 8-31-17.)

24 (105 ILCS 5/2-3.47) (from Ch. 122, par. 2-3.47)
25 Sec. 2-3.47. The State Board of Education shall annually 
 
 
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1submit a budget recommendation to the Governor and General 
2Assembly that contains recommendations for funding for 
3pre-school through grade 12 through Fiscal Year 2026. For 
4Fiscal Year 2027, and annually thereafter, the State Board of 
5Education shall submit a budget recommendation to the Governor 
6and General Assembly that contains recommendations for funding 
7for kindergarten through grade 12.
8(Source: P.A. 98-739, eff. 7-16-14.)

9 (105 ILCS 5/2-3.64a-10)
10 Sec. 2-3.64a-10. Kindergarten assessment.
11 (a) For the purposes of this Section, "kindergarten" 
12includes both full-day and half-day kindergarten programs.
13 (b) Beginning no later than the 2021-2022 school year, the 
14State Board of Education shall annually assess all public 
15school students entering kindergarten using a common 
16assessment tool, unless the State Board determines that a 
17student is otherwise exempt. The common assessment tool must 
18assess multiple developmental domains, including literacy, 
19language, mathematics, and social and emotional development. 
20The assessment must be valid, reliable, and developmentally 
21appropriate to formatively assess a child's development and 
22readiness for kindergarten.
23 (c) Results from the assessment may be used by the school 
24to understand the child's development and readiness for 
25kindergarten, to tailor instruction, and to measure the 
 
 
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1child's progress over time. Assessment results may also be 
2used to identify a need for the professional development of 
3teachers and early childhood educators and to inform 
4State-level and district-level policies and resource 
5allocation.
6 The school shall make the assessment results available to 
7the child's parent or guardian.
8 The assessment results may not be used (i) to prevent a 
9child from enrolling in kindergarten or (ii) as the sole 
10measure used in determining the grade promotion or retention 
11of a student.
12 (d) On an annual basis, the State Board shall report 
13publicly, at a minimum, data from the assessment for the State 
14overall and for each school district. The State Board's report 
15must disaggregate data by race and ethnicity, household 
16income, students who are English learners, and students who 
17have an individualized education program.
18 (e) The State Superintendent of Education shall appoint a 
19committee of no more than 22 21 members, including the 
20Secretary of Early Childhood or the Secretary's designee, 
21parents, teachers, school administrators, assessment experts, 
22regional superintendents of schools, state policy advocates, 
23early childhood administrators, and other stakeholders, to 
24review, on an ongoing basis, the content and design of the 
25assessment, the collective results of the assessment as 
26measured against kindergarten-readiness standards, and other 
 
 
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1issues involving the assessment as identified by the 
2committee.
3 The committee shall make periodic recommendations to the 
4State Superintendent of Education and the General Assembly 
5concerning the assessments.
6 (f) The State Board may adopt rules to implement and 
7administer this Section.
8(Source: P.A. 101-654, eff. 3-8-21; 102-635, eff. 11-30-21 
9(See Section 10 of P.A. 102-671 for effective date of P.A. 
10102-209).)

11 (105 ILCS 5/2-3.71) (from Ch. 122, par. 2-3.71)
12 Sec. 2-3.71. Grants for preschool educational programs.
13 (a) Preschool program.
14  (1) Through June 30, 2026, the The State Board of 
15 Education shall implement and administer a grant program 
16 under the provisions of this subsection which shall 
17 consist of grants to public school districts and other 
18 eligible entities, as defined by the State Board of 
19 Education, to conduct voluntary preschool educational 
20 programs for children ages 3 to 5 which include a parent 
21 education component. A public school district which 
22 receives grants under this subsection may subcontract with 
23 other entities that are eligible to conduct a preschool 
24 educational program. These grants must be used to 
25 supplement, not supplant, funds received from any other 
 
 
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1 source.
2  (1.5) On and after July 1, 2026, the Department of 
3 Early Childhood shall implement and administer a grant 
4 program for school districts and other eligible entities, 
5 as defined by the Department, to conduct voluntary 
6 preschool educational programs for children ages 3 to 5 
7 which include a parent education component. A public 
8 school district which receives grants under this 
9 subsection may subcontract with other entities that are 
10 eligible to conduct a preschool educational program. These 
11 grants must be used to supplement, not supplant, funds 
12 received from any other source. 
13  (2) (Blank).
14  (3) Except as otherwise provided under this subsection 
15 (a), any teacher of preschool children in the program 
16 authorized by this subsection shall hold a Professional 
17 Educator License with an early childhood education 
18 endorsement.
19  (3.5) Beginning with the 2018-2019 school year and 
20 until the 2028-2029 school year, an individual may teach 
21 preschool children in an early childhood program under 
22 this Section if he or she holds a Professional Educator 
23 License with an early childhood education endorsement or 
24 with short-term approval for early childhood education or 
25 he or she pursues a Professional Educator License and 
26 holds any of the following:
 
 
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1   (A) An ECE Credential Level of 5 awarded by the 
2 Department of Human Services under the Gateways to 
3 Opportunity Program developed under Section 10-70 of 
4 the Department of Human Services Act.
5   (B) An Educator License with Stipulations with a 
6 transitional bilingual educator endorsement and he or 
7 she has (i) passed an early childhood education 
8 content test or (ii) completed no less than 9 semester 
9 hours of postsecondary coursework in the area of early 
10 childhood education. 
11  (4) (Blank).
12  (4.5) Through June 30, 2026, the State Board of 
13 Education shall provide the primary source of funding 
14 through appropriations for the program. On and after July 
15 1, 2026, the Department of Early Childhood shall provide 
16 the primary source of funding through appropriations for 
17 the program. The State Board of Education shall provide 
18 the primary source of funding through appropriations for 
19 the program. Such funds shall be distributed to achieve a 
20 goal of "Preschool for All Children" for the benefit of 
21 all children whose families choose to participate in the 
22 program. Based on available appropriations, newly funded 
23 programs shall be selected through a process giving first 
24 priority to qualified programs serving primarily at-risk 
25 children and second priority to qualified programs serving 
26 primarily children with a family income of less than 4 
 
 
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1 times the poverty guidelines updated periodically in the 
2 Federal Register by the U.S. Department of Health and 
3 Human Services under the authority of 42 U.S.C. 9902(2). 
4 For purposes of this paragraph (4.5), at-risk children are 
5 those who because of their home and community environment 
6 are subject to such language, cultural, economic and like 
7 disadvantages to cause them to have been determined as a 
8 result of screening procedures to be at risk of academic 
9 failure. Through June 30, 2026, such screening procedures 
10 shall be based on criteria established by the State Board 
11 of Education. On and after July 1, 2026, such screening 
12 procedures shall be based on criteria established by the 
13 Department of Early Childhood. Such screening procedures 
14 shall be based on criteria established by the State Board 
15 of Education.
16  Except as otherwise provided in this paragraph (4.5), 
17 grantees under the program must enter into a memorandum of 
18 understanding with the appropriate local Head Start 
19 agency. This memorandum must be entered into no later than 
20 3 months after the award of a grantee's grant under the 
21 program, except that, in the case of the 2009-2010 program 
22 year, the memorandum must be entered into no later than 
23 the deadline set by the State Board of Education for 
24 applications to participate in the program in fiscal year 
25 2011, and must address collaboration between the grantee's 
26 program and the local Head Start agency on certain issues, 
 
 
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1 which shall include without limitation the following:
2   (A) educational activities, curricular objectives, 
3 and instruction;
4   (B) public information dissemination and access to 
5 programs for families contacting programs;
6   (C) service areas;
7   (D) selection priorities for eligible children to 
8 be served by programs;
9   (E) maximizing the impact of federal and State 
10 funding to benefit young children;
11   (F) staff training, including opportunities for 
12 joint staff training;
13   (G) technical assistance;
14   (H) communication and parent outreach for smooth 
15 transitions to kindergarten;
16   (I) provision and use of facilities, 
17 transportation, and other program elements;
18   (J) facilitating each program's fulfillment of its 
19 statutory and regulatory requirements;
20   (K) improving local planning and collaboration; 
21 and
22   (L) providing comprehensive services for the 
23 neediest Illinois children and families.
24 Through June 30, 2026, if If the appropriate local Head 
25 Start agency is unable or unwilling to enter into a 
26 memorandum of understanding as required under this 
 
 
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1 paragraph (4.5), the memorandum of understanding 
2 requirement shall not apply and the grantee under the 
3 program must notify the State Board of Education in 
4 writing of the Head Start agency's inability or 
5 unwillingness. The State Board of Education shall compile 
6 all such written notices and make them available to the 
7 public. On and after July 1, 2026, if the appropriate 
8 local Head Start agency is unable or unwilling to enter 
9 into a memorandum of understanding as required under this 
10 paragraph (4.5), the memorandum of understanding 
11 requirement shall not apply and the grantee under the 
12 program must notify the Department of Early Childhood in 
13 writing of the Head Start agency's inability or 
14 unwillingness. The Department of Early Childhood shall 
15 compile all such written notices and make them available 
16 to the public. 
17  (5) Through June 30, 2026, the The State Board of 
18 Education shall develop and provide evaluation tools, 
19 including tests, that school districts and other eligible 
20 entities may use to evaluate children for school readiness 
21 prior to age 5. The State Board of Education shall require 
22 school districts and other eligible entities to obtain 
23 consent from the parents or guardians of children before 
24 any evaluations are conducted. The State Board of 
25 Education shall encourage local school districts and other 
26 eligible entities to evaluate the population of preschool 
 
 
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1 children in their communities and provide preschool 
2 programs, pursuant to this subsection, where appropriate.
3  (5.1) On and after July 1, 2026, the Department of 
4 Early Childhood shall develop and provide evaluation 
5 tools, including tests, that school districts and other 
6 eligible entities may use to evaluate children for school 
7 readiness prior to age 5. The Department of Early 
8 Childhood shall require school districts and other 
9 eligible entities to obtain consent from the parents or 
10 guardians of children before any evaluations are 
11 conducted. The Department of Early Childhood shall 
12 encourage local school districts and other eligible 
13 entities to evaluate the population of preschool children 
14 in their communities and provide preschool programs, 
15 pursuant to this subsection, where appropriate. 
16  (6) Through June 30, 2026, the The State Board of 
17 Education shall report to the General Assembly by November 
18 1, 2018 and every 2 years thereafter on the results and 
19 progress of students who were enrolled in preschool 
20 educational programs, including an assessment of which 
21 programs have been most successful in promoting academic 
22 excellence and alleviating academic failure. Through June 
23 30, 2026, the The State Board of Education shall assess 
24 the academic progress of all students who have been 
25 enrolled in preschool educational programs.
26  Through fiscal year 2026, on On or before November 1 
 
 
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1 of each fiscal year in which the General Assembly provides 
2 funding for new programs under paragraph (4.5) of this 
3 Section, the State Board of Education shall report to the 
4 General Assembly on what percentage of new funding was 
5 provided to programs serving primarily at-risk children, 
6 what percentage of new funding was provided to programs 
7 serving primarily children with a family income of less 
8 than 4 times the federal poverty level, and what 
9 percentage of new funding was provided to other programs. 
10  (6.1) On and after July 1, 2026, the Department of 
11 Early Childhood shall report to the General Assembly by 
12 November 1, 2026 and every 2 years thereafter on the 
13 results and progress of students who were enrolled in 
14 preschool educational programs, including an assessment of 
15 which programs have been most successful in promoting 
16 academic excellence and alleviating academic failure. On 
17 and after July 1, 2026, the Department of Early Childhood 
18 shall assess the academic progress of all students who 
19 have been enrolled in preschool educational programs. 
20 Beginning in fiscal year 2027, on or before November 1 of 
21 each fiscal year in which the General Assembly provides 
22 funding for new programs under paragraph (4.5) of this 
23 Section, the Department of Early Childhood shall report to 
24 the General Assembly on what percentage of new funding was 
25 provided to programs serving primarily at-risk children, 
26 what percentage of new funding was provided to programs 
 
 
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1 serving primarily children with a family income of less 
2 than 4 times the federal poverty level, and what 
3 percentage of new funding was provided to other programs. 
4  (7) Due to evidence that expulsion practices in the 
5 preschool years are linked to poor child outcomes and are 
6 employed inconsistently across racial and gender groups, 
7 early childhood programs receiving State funds under this 
8 subsection (a) shall prohibit expulsions. Planned 
9 transitions to settings that are able to better meet a 
10 child's needs are not considered expulsion under this 
11 paragraph (7).
12   (A) When persistent and serious challenging 
13 behaviors emerge, the early childhood program shall 
14 document steps taken to ensure that the child can 
15 participate safely in the program; including 
16 observations of initial and ongoing challenging 
17 behaviors, strategies for remediation and intervention 
18 plans to address the behaviors, and communication with 
19 the parent or legal guardian, including participation 
20 of the parent or legal guardian in planning and 
21 decision-making.
22   (B) The early childhood program shall, with 
23 parental or legal guardian consent as required, 
24 utilize a range of community resources, if available 
25 and deemed necessary, including, but not limited to, 
26 developmental screenings, referrals to programs and 
 
 
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1 services administered by a local educational agency or 
2 early intervention agency under Parts B and C of the 
3 federal Individual with Disabilities Education Act, 
4 and consultation with infant and early childhood 
5 mental health consultants and the child's health care 
6 provider. The program shall document attempts to 
7 engage these resources, including parent or legal 
8 guardian participation and consent attempted and 
9 obtained. Communication with the parent or legal 
10 guardian shall take place in a culturally and 
11 linguistically competent manner.
12   (C) If there is documented evidence that all 
13 available interventions and supports recommended by a 
14 qualified professional have been exhausted and the 
15 program determines in its professional judgment that 
16 transitioning a child to another program is necessary 
17 for the well-being of the child or his or her peers and 
18 staff, with parent or legal guardian permission, both 
19 the current and pending programs shall create a 
20 transition plan designed to ensure continuity of 
21 services and the comprehensive development of the 
22 child. Communication with families shall occur in a 
23 culturally and linguistically competent manner.
24   (D) Nothing in this paragraph (7) shall preclude a 
25 parent's or legal guardian's right to voluntarily 
26 withdraw his or her child from an early childhood 
 
 
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1 program. Early childhood programs shall request and 
2 keep on file, when received, a written statement from 
3 the parent or legal guardian stating the reason for 
4 his or her decision to withdraw his or her child.
5   (E) In the case of the determination of a serious 
6 safety threat to a child or others or in the case of 
7 behaviors listed in subsection (d) of Section 10-22.6 
8 of this Code, the temporary removal of a child from 
9 attendance in group settings may be used. Temporary 
10 removal of a child from attendance in a group setting 
11 shall trigger the process detailed in subparagraphs 
12 (A), (B), and (C) of this paragraph (7), with the child 
13 placed back in a group setting as quickly as possible.
14   (F) Early childhood programs may utilize and the 
15 Department of Early Childhood, State Board of 
16 Education, the Department of Human Services, and the 
17 Department of Children and Family Services shall 
18 recommend training, technical support, and 
19 professional development resources to improve the 
20 ability of teachers, administrators, program 
21 directors, and other staff to promote social-emotional 
22 development and behavioral health, to address 
23 challenging behaviors, and to understand trauma and 
24 trauma-informed care, cultural competence, family 
25 engagement with diverse populations, the impact of 
26 implicit bias on adult behavior, and the use of 
 
 
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1 reflective practice techniques. Support shall include 
2 the availability of resources to contract with infant 
3 and early childhood mental health consultants.
4   (G) Through June 30, 2026 Beginning on July 1, 
5 2018, early childhood programs shall annually report 
6 to the State Board of Education, and, beginning in 
7 fiscal year 2020, the State Board of Education shall 
8 make available on a biennial basis, in an existing 
9 report, all of the following data for children from 
10 birth to age 5 who are served by the program:
11    (i) Total number served over the course of the 
12 program year and the total number of children who 
13 left the program during the program year.
14    (ii) Number of planned transitions to another 
15 program due to children's behavior, by children's 
16 race, gender, disability, language, class/group 
17 size, teacher-child ratio, and length of program 
18 day.
19    (iii) Number of temporary removals of a child 
20 from attendance in group settings due to a serious 
21 safety threat under subparagraph (E) of this 
22 paragraph (7), by children's race, gender, 
23 disability, language, class/group size, 
24 teacher-child ratio, and length of program day.
25    (iv) Hours of infant and early childhood 
26 mental health consultant contact with program 
 
 
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1 leaders, staff, and families over the program 
2 year.
3   (G-5) On and after July 1, 2026, early childhood 
4 programs shall annually report to the Department of 
5 Early Childhood, and beginning in fiscal year 2028, 
6 the Department of Early Childhood shall make available 
7 on a biennial basis, in a report, all of the following 
8 data for children from birth to age 5 who are served by 
9 the program:
10    (i) Total number served over the course of the 
11 program year and the total number of children who 
12 left the program during the program year.
13    (ii) Number of planned transitions to another 
14 program due to children's behavior, by children's 
15 race, gender, disability, language, class/group 
16 size, teacher-child ratio, and length of program 
17 day.
18    (iii) Number of temporary removals of a child 
19 from attendance in group settings due to a serious 
20 safety threat under subparagraph (E) of this 
21 paragraph (7), by children's race, gender, 
22 disability, language, class/group size, 
23 teacher-child ratio, and length of program day.
24    (iv) Hours of infant and early childhood 
25 mental health consultant contact with program 
26 leaders, staff, and families over the program 
 
 
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1 year. 
2   (H) Changes to services for children with an 
3 individualized education program or individual family 
4 service plan shall be construed in a manner consistent 
5 with the federal Individuals with Disabilities 
6 Education Act.
7  The Department of Early Childhood State Board of 
8 Education, in consultation with the Governor's Office of 
9 Early Childhood Development and the Department of Children 
10 and Family Services, shall adopt rules to administer this 
11 paragraph (7). 
12 (b) (Blank).
13 (c) Notwithstanding any other provisions of this Section, 
14grantees may serve children ages 0 to 12 of essential workers 
15if the Governor has declared a disaster due to a public health 
16emergency pursuant to Section 7 of the Illinois Emergency 
17Management Agency Act. For the purposes of this subsection, 
18essential workers include those outlined in Executive Order 
1920-8 and school employees. The State Board of Education shall 
20adopt rules to administer this subsection. 
21 (d) Paragraphs (a)(1), (a)(1.5), (a)(4.5), (a)(5), 
22(a)(5.1), (a)(6), (a)(6.1), and (a)(7) and subsection (c) of 
23this Section are inoperative on and after July 1, 2026. 
24(Source: P.A. 103-111, eff. 6-29-23.)

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

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

9 (105 ILCS 5/2-3.89) (from Ch. 122, par. 2-3.89)
10 Sec. 2-3.89. Programs concerning services to at-risk 
11children and their families. 
12 (a) The State Board of Education may provide grants to 
13eligible entities, as defined by the State Board of Education, 
14to establish programs which offer coordinated services to 
15at-risk infants and toddlers and their families. Each program 
16shall include a parent education program relating to the 
17development and nurturing of infants and toddlers and case 
18management services to coordinate existing services available 
19in the region served by the program. These services shall be 
20provided through the implementation of an individual family 
21service plan. Each program will have a community involvement 
22component to provide coordination in the service system.
23 (b) The State Board of Education shall administer the 
24programs through the grants to public school districts and 
25other eligible entities. These grants must be used to 
 
 
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1supplement, not supplant, funds received from any other 
2source. School districts and other eligible entities receiving 
3grants pursuant to this Section shall conduct voluntary, 
4intensive, research-based, and comprehensive prevention 
5services, as defined by the State Board of Education, for 
6expecting parents and families with children from birth to age 
73 who are at-risk of academic failure. A public school 
8district that receives a grant under this Section may 
9subcontract with other eligible entities.
10 (c) The State Board of Education shall report to the 
11General Assembly by July 1, 2006 and every 2 years thereafter, 
12using the most current data available, on the status of 
13programs funded under this Section, including without 
14limitation characteristics of participants, services 
15delivered, program models used, unmet needs, and results of 
16the programs funded. 
17 (d) This Section is repealed on July 1, 2026. 
18(Source: P.A. 96-734, eff. 8-25-09.)

19 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
20 (Text of Section before amendment by P.A. 102-466)
21 Sec. 10-22.6. Suspension or expulsion of pupils; school 
22searches. 
23 (a) To expel pupils guilty of gross disobedience or 
24misconduct, including gross disobedience or misconduct 
25perpetuated by electronic means, pursuant to subsection (b-20) 
 
 
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1of this Section, and no action shall lie against them for such 
2expulsion. Expulsion shall take place only after the parents 
3have been requested to appear at a meeting of the board, or 
4with a hearing officer appointed by it, to discuss their 
5child's behavior. Such request shall be made by registered or 
6certified mail and shall state the time, place and purpose of 
7the meeting. The board, or a hearing officer appointed by it, 
8at such meeting shall state the reasons for dismissal and the 
9date on which the expulsion is to become effective. If a 
10hearing officer is appointed by the board, he shall report to 
11the board a written summary of the evidence heard at the 
12meeting and the board may take such action thereon as it finds 
13appropriate. If the board acts to expel a pupil, the written 
14expulsion decision shall detail the specific reasons why 
15removing the pupil from the learning environment is in the 
16best interest of the school. The expulsion decision shall also 
17include a rationale as to the specific duration of the 
18expulsion. An expelled pupil may be immediately transferred to 
19an alternative program in the manner provided in Article 13A 
20or 13B of this Code. A pupil must not be denied transfer 
21because of the expulsion, except in cases in which such 
22transfer is deemed to cause a threat to the safety of students 
23or staff in the alternative program.
24 (b) To suspend or by policy to authorize the 
25superintendent of the district or the principal, assistant 
26principal, or dean of students of any school to suspend pupils 
 
 
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1guilty of gross disobedience or misconduct, or to suspend 
2pupils guilty of gross disobedience or misconduct on the 
3school bus from riding the school bus, pursuant to subsections 
4(b-15) and (b-20) of this Section, and no action shall lie 
5against them for such suspension. The board may by policy 
6authorize the superintendent of the district or the principal, 
7assistant principal, or dean of students of any school to 
8suspend pupils guilty of such acts for a period not to exceed 
910 school days. If a pupil is suspended due to gross 
10disobedience or misconduct on a school bus, the board may 
11suspend the pupil in excess of 10 school days for safety 
12reasons. 
13 Any suspension shall be reported immediately to the 
14parents or guardian of a pupil along with a full statement of 
15the reasons for such suspension and a notice of their right to 
16a review. The school board must be given a summary of the 
17notice, including the reason for the suspension and the 
18suspension length. Upon request of the parents or guardian, 
19the school board or a hearing officer appointed by it shall 
20review such action of the superintendent or principal, 
21assistant principal, or dean of students. At such review, the 
22parents or guardian of the pupil may appear and discuss the 
23suspension with the board or its hearing officer. If a hearing 
24officer is appointed by the board, he shall report to the board 
25a written summary of the evidence heard at the meeting. After 
26its hearing or upon receipt of the written report of its 
 
 
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1hearing officer, the board may take such action as it finds 
2appropriate. If a student is suspended pursuant to this 
3subsection (b), the board shall, in the written suspension 
4decision, detail the specific act of gross disobedience or 
5misconduct resulting in the decision to suspend. The 
6suspension decision shall also include a rationale as to the 
7specific duration of the suspension. A pupil who is suspended 
8in excess of 20 school days may be immediately transferred to 
9an alternative program in the manner provided in Article 13A 
10or 13B of this Code. A pupil must not be denied transfer 
11because of the suspension, except in cases in which such 
12transfer is deemed to cause a threat to the safety of students 
13or staff in the alternative program.
14 (b-5) Among the many possible disciplinary interventions 
15and consequences available to school officials, school 
16exclusions, such as out-of-school suspensions and expulsions, 
17are the most serious. School officials shall limit the number 
18and duration of expulsions and suspensions to the greatest 
19extent practicable, and it is recommended that they use them 
20only for legitimate educational purposes. To ensure that 
21students are not excluded from school unnecessarily, it is 
22recommended that school officials consider forms of 
23non-exclusionary discipline prior to using out-of-school 
24suspensions or expulsions.
25 (b-10) Unless otherwise required by federal law or this 
26Code, school boards may not institute zero-tolerance policies 
 
 
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1by which school administrators are required to suspend or 
2expel students for particular behaviors.
3 (b-15) Out-of-school suspensions of 3 days or less may be 
4used only if the student's continuing presence in school would 
5pose a threat to school safety or a disruption to other 
6students' learning opportunities. For purposes of this 
7subsection (b-15), "threat to school safety or a disruption to 
8other students' learning opportunities" shall be determined on 
9a case-by-case basis by the school board or its designee. 
10School officials shall make all reasonable efforts to resolve 
11such threats, address such disruptions, and minimize the 
12length of suspensions to the greatest extent practicable.
13 (b-20) Unless otherwise required by this Code, 
14out-of-school suspensions of longer than 3 days, expulsions, 
15and disciplinary removals to alternative schools may be used 
16only if other appropriate and available behavioral and 
17disciplinary interventions have been exhausted and the 
18student's continuing presence in school would either (i) pose 
19a threat to the safety of other students, staff, or members of 
20the school community or (ii) substantially disrupt, impede, or 
21interfere with the operation of the school. For purposes of 
22this subsection (b-20), "threat to the safety of other 
23students, staff, or members of the school community" and 
24"substantially disrupt, impede, or interfere with the 
25operation of the school" shall be determined on a case-by-case 
26basis by school officials. For purposes of this subsection 
 
 
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1(b-20), the determination of whether "appropriate and 
2available behavioral and disciplinary interventions have been 
3exhausted" shall be made by school officials. School officials 
4shall make all reasonable efforts to resolve such threats, 
5address such disruptions, and minimize the length of student 
6exclusions to the greatest extent practicable. Within the 
7suspension decision described in subsection (b) of this 
8Section or the expulsion decision described in subsection (a) 
9of this Section, it shall be documented whether other 
10interventions were attempted or whether it was determined that 
11there were no other appropriate and available interventions.
12 (b-25) Students who are suspended out-of-school for longer 
13than 4 school days shall be provided appropriate and available 
14support services during the period of their suspension. For 
15purposes of this subsection (b-25), "appropriate and available 
16support services" shall be determined by school authorities. 
17Within the suspension decision described in subsection (b) of 
18this Section, it shall be documented whether such services are 
19to be provided or whether it was determined that there are no 
20such appropriate and available services.
21 A school district may refer students who are expelled to 
22appropriate and available support services.
23 A school district shall create a policy to facilitate the 
24re-engagement of students who are suspended out-of-school, 
25expelled, or returning from an alternative school setting.
26 (b-30) A school district shall create a policy by which 
 
 
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1suspended pupils, including those pupils suspended from the 
2school bus who do not have alternate transportation to school, 
3shall have the opportunity to make up work for equivalent 
4academic credit. It shall be the responsibility of a pupil's 
5parent or guardian to notify school officials that a pupil 
6suspended from the school bus does not have alternate 
7transportation to school. 
8 (c) A school board must invite a representative from a 
9local mental health agency to consult with the board at the 
10meeting whenever there is evidence that mental illness may be 
11the cause of a student's expulsion or suspension.
12 (c-5) School districts shall make reasonable efforts to 
13provide ongoing professional development to teachers, 
14administrators, school board members, school resource 
15officers, and staff on the adverse consequences of school 
16exclusion and justice-system involvement, effective classroom 
17management strategies, culturally responsive discipline, the 
18appropriate and available supportive services for the 
19promotion of student attendance and engagement, and 
20developmentally appropriate disciplinary methods that promote 
21positive and healthy school climates. 
22 (d) The board may expel a student for a definite period of 
23time not to exceed 2 calendar years, as determined on a 
24case-by-case basis. A student who is determined to have 
25brought one of the following objects to school, any 
26school-sponsored activity or event, or any activity or event 
 
 
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1that bears a reasonable relationship to school shall be 
2expelled for a period of not less than one year:
3  (1) A firearm. For the purposes of this Section, 
4 "firearm" means any gun, rifle, shotgun, weapon as defined 
5 by Section 921 of Title 18 of the United States Code, 
6 firearm as defined in Section 1.1 of the Firearm Owners 
7 Identification Card Act, or firearm as defined in Section 
8 24-1 of the Criminal Code of 2012. The expulsion period 
9 under this subdivision (1) may be modified by the 
10 superintendent, and the superintendent's determination may 
11 be modified by the board on a case-by-case basis.
12  (2) A knife, brass knuckles or other knuckle weapon 
13 regardless of its composition, a billy club, or any other 
14 object if used or attempted to be used to cause bodily 
15 harm, including "look alikes" of any firearm as defined in 
16 subdivision (1) of this subsection (d). The expulsion 
17 requirement under this subdivision (2) may be modified by 
18 the superintendent, and the superintendent's determination 
19 may be modified by the board on a case-by-case basis. 
20Expulsion or suspension shall be construed in a manner 
21consistent with the federal Individuals with Disabilities 
22Education Act. A student who is subject to suspension or 
23expulsion as provided in this Section may be eligible for a 
24transfer to an alternative school program in accordance with 
25Article 13A of the School Code.
26 (d-5) The board may suspend or by regulation authorize the 
 
 
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1superintendent of the district or the principal, assistant 
2principal, or dean of students of any school to suspend a 
3student for a period not to exceed 10 school days or may expel 
4a student for a definite period of time not to exceed 2 
5calendar years, as determined on a case-by-case basis, if (i) 
6that student has been determined to have made an explicit 
7threat on an Internet website against a school employee, a 
8student, or any school-related personnel, (ii) the Internet 
9website through which the threat was made is a site that was 
10accessible within the school at the time the threat was made or 
11was available to third parties who worked or studied within 
12the school grounds at the time the threat was made, and (iii) 
13the threat could be reasonably interpreted as threatening to 
14the safety and security of the threatened individual because 
15of his or her duties or employment status or status as a 
16student inside the school. 
17 (e) To maintain order and security in the schools, school 
18authorities may inspect and search places and areas such as 
19lockers, desks, parking lots, and other school property and 
20equipment owned or controlled by the school, as well as 
21personal effects left in those places and areas by students, 
22without notice to or the consent of the student, and without a 
23search warrant. As a matter of public policy, the General 
24Assembly finds that students have no reasonable expectation of 
25privacy in these places and areas or in their personal effects 
26left in these places and areas. School authorities may request 
 
 
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1the assistance of law enforcement officials for the purpose of 
2conducting inspections and searches of lockers, desks, parking 
3lots, and other school property and equipment owned or 
4controlled by the school for illegal drugs, weapons, or other 
5illegal or dangerous substances or materials, including 
6searches conducted through the use of specially trained dogs. 
7If a search conducted in accordance with this Section produces 
8evidence that the student has violated or is violating either 
9the law, local ordinance, or the school's policies or rules, 
10such evidence may be seized by school authorities, and 
11disciplinary action may be taken. School authorities may also 
12turn over such evidence to law enforcement authorities.
13 (f) Suspension or expulsion may include suspension or 
14expulsion from school and all school activities and a 
15prohibition from being present on school grounds.
16 (g) A school district may adopt a policy providing that if 
17a student is suspended or expelled for any reason from any 
18public or private school in this or any other state, the 
19student must complete the entire term of the suspension or 
20expulsion in an alternative school program under Article 13A 
21of this Code or an alternative learning opportunities program 
22under Article 13B of this Code before being admitted into the 
23school district if there is no threat to the safety of students 
24or staff in the alternative program.
25 (h) School officials shall not advise or encourage 
26students to drop out voluntarily due to behavioral or academic 
 
 
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1difficulties.
2 (i) A student may not be issued a monetary fine or fee as a 
3disciplinary consequence, though this shall not preclude 
4requiring a student to provide restitution for lost, stolen, 
5or damaged property.
6 (j) Subsections (a) through (i) of this Section shall 
7apply to elementary and secondary schools, charter schools, 
8special charter districts, and school districts organized 
9under Article 34 of this Code. 
10 (k) The expulsion of children enrolled in programs funded 
11under Section 1C-2 of this Code is subject to the requirements 
12under paragraph (7) of subsection (a) of Section 2-3.71 of 
13this Code.
14 (l) Beginning with the 2018-2019 school year, an in-school 
15suspension program provided by a school district for any 
16students in kindergarten through grade 12 may focus on 
17promoting non-violent conflict resolution and positive 
18interaction with other students and school personnel. A school 
19district may employ a school social worker or a licensed 
20mental health professional to oversee an in-school suspension 
21program in kindergarten through grade 12. 
22(Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21; 
23102-813, eff. 5-13-22.)

24 (Text of Section after amendment by P.A. 102-466)
25 Sec. 10-22.6. Suspension or expulsion of pupils; school 
 
 
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1searches. 
2 (a) To expel pupils guilty of gross disobedience or 
3misconduct, including gross disobedience or misconduct 
4perpetuated by electronic means, pursuant to subsection (b-20) 
5of this Section, and no action shall lie against them for such 
6expulsion. Expulsion shall take place only after the parents 
7or guardians have been requested to appear at a meeting of the 
8board, or with a hearing officer appointed by it, to discuss 
9their child's behavior. Such request shall be made by 
10registered or certified mail and shall state the time, place 
11and purpose of the meeting. The board, or a hearing officer 
12appointed by it, at such meeting shall state the reasons for 
13dismissal and the date on which the expulsion is to become 
14effective. If a hearing officer is appointed by the board, he 
15shall report to the board a written summary of the evidence 
16heard at the meeting and the board may take such action thereon 
17as it finds appropriate. If the board acts to expel a pupil, 
18the written expulsion decision shall detail the specific 
19reasons why removing the pupil from the learning environment 
20is in the best interest of the school. The expulsion decision 
21shall also include a rationale as to the specific duration of 
22the expulsion. An expelled pupil may be immediately 
23transferred to an alternative program in the manner provided 
24in Article 13A or 13B of this Code. A pupil must not be denied 
25transfer because of the expulsion, except in cases in which 
26such transfer is deemed to cause a threat to the safety of 
 
 
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1students or staff in the alternative program.
2 (b) To suspend or by policy to authorize the 
3superintendent of the district or the principal, assistant 
4principal, or dean of students of any school to suspend pupils 
5guilty of gross disobedience or misconduct, or to suspend 
6pupils guilty of gross disobedience or misconduct on the 
7school bus from riding the school bus, pursuant to subsections 
8(b-15) and (b-20) of this Section, and no action shall lie 
9against them for such suspension. The board may by policy 
10authorize the superintendent of the district or the principal, 
11assistant principal, or dean of students of any school to 
12suspend pupils guilty of such acts for a period not to exceed 
1310 school days. If a pupil is suspended due to gross 
14disobedience or misconduct on a school bus, the board may 
15suspend the pupil in excess of 10 school days for safety 
16reasons. 
17 Any suspension shall be reported immediately to the 
18parents or guardians of a pupil along with a full statement of 
19the reasons for such suspension and a notice of their right to 
20a review. The school board must be given a summary of the 
21notice, including the reason for the suspension and the 
22suspension length. Upon request of the parents or guardians, 
23the school board or a hearing officer appointed by it shall 
24review such action of the superintendent or principal, 
25assistant principal, or dean of students. At such review, the 
26parents or guardians of the pupil may appear and discuss the 
 
 
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1suspension with the board or its hearing officer. If a hearing 
2officer is appointed by the board, he shall report to the board 
3a written summary of the evidence heard at the meeting. After 
4its hearing or upon receipt of the written report of its 
5hearing officer, the board may take such action as it finds 
6appropriate. If a student is suspended pursuant to this 
7subsection (b), the board shall, in the written suspension 
8decision, detail the specific act of gross disobedience or 
9misconduct resulting in the decision to suspend. The 
10suspension decision shall also include a rationale as to the 
11specific duration of the suspension. A pupil who is suspended 
12in excess of 20 school days may be immediately transferred to 
13an alternative program in the manner provided in Article 13A 
14or 13B of this Code. A pupil must not be denied transfer 
15because of the suspension, except in cases in which such 
16transfer is deemed to cause a threat to the safety of students 
17or staff in the alternative program.
18 (b-5) Among the many possible disciplinary interventions 
19and consequences available to school officials, school 
20exclusions, such as out-of-school suspensions and expulsions, 
21are the most serious. School officials shall limit the number 
22and duration of expulsions and suspensions to the greatest 
23extent practicable, and it is recommended that they use them 
24only for legitimate educational purposes. To ensure that 
25students are not excluded from school unnecessarily, it is 
26recommended that school officials consider forms of 
 
 
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1non-exclusionary discipline prior to using out-of-school 
2suspensions or expulsions.
3 (b-10) Unless otherwise required by federal law or this 
4Code, school boards may not institute zero-tolerance policies 
5by which school administrators are required to suspend or 
6expel students for particular behaviors.
7 (b-15) Out-of-school suspensions of 3 days or less may be 
8used only if the student's continuing presence in school would 
9pose a threat to school safety or a disruption to other 
10students' learning opportunities. For purposes of this 
11subsection (b-15), "threat to school safety or a disruption to 
12other students' learning opportunities" shall be determined on 
13a case-by-case basis by the school board or its designee. 
14School officials shall make all reasonable efforts to resolve 
15such threats, address such disruptions, and minimize the 
16length of suspensions to the greatest extent practicable.
17 (b-20) Unless otherwise required by this Code, 
18out-of-school suspensions of longer than 3 days, expulsions, 
19and disciplinary removals to alternative schools may be used 
20only if other appropriate and available behavioral and 
21disciplinary interventions have been exhausted and the 
22student's continuing presence in school would either (i) pose 
23a threat to the safety of other students, staff, or members of 
24the school community or (ii) substantially disrupt, impede, or 
25interfere with the operation of the school. For purposes of 
26this subsection (b-20), "threat to the safety of other 
 
 
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1students, staff, or members of the school community" and 
2"substantially disrupt, impede, or interfere with the 
3operation of the school" shall be determined on a case-by-case 
4basis by school officials. For purposes of this subsection 
5(b-20), the determination of whether "appropriate and 
6available behavioral and disciplinary interventions have been 
7exhausted" shall be made by school officials. School officials 
8shall make all reasonable efforts to resolve such threats, 
9address such disruptions, and minimize the length of student 
10exclusions to the greatest extent practicable. Within the 
11suspension decision described in subsection (b) of this 
12Section or the expulsion decision described in subsection (a) 
13of this Section, it shall be documented whether other 
14interventions were attempted or whether it was determined that 
15there were no other appropriate and available interventions.
16 (b-25) Students who are suspended out-of-school for longer 
17than 4 school days shall be provided appropriate and available 
18support services during the period of their suspension. For 
19purposes of this subsection (b-25), "appropriate and available 
20support services" shall be determined by school authorities. 
21Within the suspension decision described in subsection (b) of 
22this Section, it shall be documented whether such services are 
23to be provided or whether it was determined that there are no 
24such appropriate and available services.
25 A school district may refer students who are expelled to 
26appropriate and available support services.
 
 
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1 A school district shall create a policy to facilitate the 
2re-engagement of students who are suspended out-of-school, 
3expelled, or returning from an alternative school setting.
4 (b-30) A school district shall create a policy by which 
5suspended pupils, including those pupils suspended from the 
6school bus who do not have alternate transportation to school, 
7shall have the opportunity to make up work for equivalent 
8academic credit. It shall be the responsibility of a pupil's 
9parents or guardians to notify school officials that a pupil 
10suspended from the school bus does not have alternate 
11transportation to school. 
12 (b-35) In all suspension review hearings conducted under 
13subsection (b) or expulsion hearings conducted under 
14subsection (a), a student may disclose any factor to be 
15considered in mitigation, including his or her status as a 
16parent, expectant parent, or victim of domestic or sexual 
17violence, as defined in Article 26A. A representative of the 
18parent's or guardian's choice, or of the student's choice if 
19emancipated, must be permitted to represent the student 
20throughout the proceedings and to address the school board or 
21its appointed hearing officer. With the approval of the 
22student's parent or guardian, or of the student if 
23emancipated, a support person must be permitted to accompany 
24the student to any disciplinary hearings or proceedings. The 
25representative or support person must comply with any rules of 
26the school district's hearing process. If the representative 
 
 
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1or support person violates the rules or engages in behavior or 
2advocacy that harasses, abuses, or intimidates either party, a 
3witness, or anyone else in attendance at the hearing, the 
4representative or support person may be prohibited from 
5further participation in the hearing or proceeding. A 
6suspension or expulsion proceeding under this subsection 
7(b-35) must be conducted independently from any ongoing 
8criminal investigation or proceeding, and an absence of 
9pending or possible criminal charges, criminal investigations, 
10or proceedings may not be a factor in school disciplinary 
11decisions.
12 (b-40) During a suspension review hearing conducted under 
13subsection (b) or an expulsion hearing conducted under 
14subsection (a) that involves allegations of sexual violence by 
15the student who is subject to discipline, neither the student 
16nor his or her representative shall directly question nor have 
17direct contact with the alleged victim. The student who is 
18subject to discipline or his or her representative may, at the 
19discretion and direction of the school board or its appointed 
20hearing officer, suggest questions to be posed by the school 
21board or its appointed hearing officer to the alleged victim. 
22 (c) A school board must invite a representative from a 
23local mental health agency to consult with the board at the 
24meeting whenever there is evidence that mental illness may be 
25the cause of a student's expulsion or suspension.
26 (c-5) School districts shall make reasonable efforts to 
 
 
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1provide ongoing professional development to teachers, 
2administrators, school board members, school resource 
3officers, and staff on the adverse consequences of school 
4exclusion and justice-system involvement, effective classroom 
5management strategies, culturally responsive discipline, the 
6appropriate and available supportive services for the 
7promotion of student attendance and engagement, and 
8developmentally appropriate disciplinary methods that promote 
9positive and healthy school climates. 
10 (d) The board may expel a student for a definite period of 
11time not to exceed 2 calendar years, as determined on a 
12case-by-case basis. A student who is determined to have 
13brought one of the following objects to school, any 
14school-sponsored activity or event, or any activity or event 
15that bears a reasonable relationship to school shall be 
16expelled for a period of not less than one year:
17  (1) A firearm. For the purposes of this Section, 
18 "firearm" means any gun, rifle, shotgun, weapon as defined 
19 by Section 921 of Title 18 of the United States Code, 
20 firearm as defined in Section 1.1 of the Firearm Owners 
21 Identification Card Act, or firearm as defined in Section 
22 24-1 of the Criminal Code of 2012. The expulsion period 
23 under this subdivision (1) may be modified by the 
24 superintendent, and the superintendent's determination may 
25 be modified by the board on a case-by-case basis.
26  (2) A knife, brass knuckles or other knuckle weapon 
 
 
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1 regardless of its composition, a billy club, or any other 
2 object if used or attempted to be used to cause bodily 
3 harm, including "look alikes" of any firearm as defined in 
4 subdivision (1) of this subsection (d). The expulsion 
5 requirement under this subdivision (2) may be modified by 
6 the superintendent, and the superintendent's determination 
7 may be modified by the board on a case-by-case basis. 
8Expulsion or suspension shall be construed in a manner 
9consistent with the federal Individuals with Disabilities 
10Education Act. A student who is subject to suspension or 
11expulsion as provided in this Section may be eligible for a 
12transfer to an alternative school program in accordance with 
13Article 13A of the School Code.
14 (d-5) The board may suspend or by regulation authorize the 
15superintendent of the district or the principal, assistant 
16principal, or dean of students of any school to suspend a 
17student for a period not to exceed 10 school days or may expel 
18a student for a definite period of time not to exceed 2 
19calendar years, as determined on a case-by-case basis, if (i) 
20that student has been determined to have made an explicit 
21threat on an Internet website against a school employee, a 
22student, or any school-related personnel, (ii) the Internet 
23website through which the threat was made is a site that was 
24accessible within the school at the time the threat was made or 
25was available to third parties who worked or studied within 
26the school grounds at the time the threat was made, and (iii) 
 
 
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1the threat could be reasonably interpreted as threatening to 
2the safety and security of the threatened individual because 
3of his or her duties or employment status or status as a 
4student inside the school. 
5 (e) To maintain order and security in the schools, school 
6authorities may inspect and search places and areas such as 
7lockers, desks, parking lots, and other school property and 
8equipment owned or controlled by the school, as well as 
9personal effects left in those places and areas by students, 
10without notice to or the consent of the student, and without a 
11search warrant. As a matter of public policy, the General 
12Assembly finds that students have no reasonable expectation of 
13privacy in these places and areas or in their personal effects 
14left in these places and areas. School authorities may request 
15the assistance of law enforcement officials for the purpose of 
16conducting inspections and searches of lockers, desks, parking 
17lots, and other school property and equipment owned or 
18controlled by the school for illegal drugs, weapons, or other 
19illegal or dangerous substances or materials, including 
20searches conducted through the use of specially trained dogs. 
21If a search conducted in accordance with this Section produces 
22evidence that the student has violated or is violating either 
23the law, local ordinance, or the school's policies or rules, 
24such evidence may be seized by school authorities, and 
25disciplinary action may be taken. School authorities may also 
26turn over such evidence to law enforcement authorities.
 
 
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1 (f) Suspension or expulsion may include suspension or 
2expulsion from school and all school activities and a 
3prohibition from being present on school grounds.
4 (g) A school district may adopt a policy providing that if 
5a student is suspended or expelled for any reason from any 
6public or private school in this or any other state, the 
7student must complete the entire term of the suspension or 
8expulsion in an alternative school program under Article 13A 
9of this Code or an alternative learning opportunities program 
10under Article 13B of this Code before being admitted into the 
11school district if there is no threat to the safety of students 
12or staff in the alternative program. A school district that 
13adopts a policy under this subsection (g) must include a 
14provision allowing for consideration of any mitigating 
15factors, including, but not limited to, a student's status as 
16a parent, expectant parent, or victim of domestic or sexual 
17violence, as defined in Article 26A. 
18 (h) School officials shall not advise or encourage 
19students to drop out voluntarily due to behavioral or academic 
20difficulties.
21 (i) A student may not be issued a monetary fine or fee as a 
22disciplinary consequence, though this shall not preclude 
23requiring a student to provide restitution for lost, stolen, 
24or damaged property.
25 (j) Subsections (a) through (i) of this Section shall 
26apply to elementary and secondary schools, charter schools, 
 
 
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1special charter districts, and school districts organized 
2under Article 34 of this Code. 
3 (k) Through June 30, 2026, the The expulsion of children 
4enrolled in programs funded under Section 1C-2 of this Code is 
5subject to the requirements under paragraph (7) of subsection 
6(a) of Section 2-3.71 of this Code.
7 (k-5) On and after July 1, 2026, the expulsion of children 
8enrolled in programs funded under Section 15-25 of the 
9Department of Early Childhood Act is subject to the 
10requirements of paragraph (7) of subsection (a) of Section 
1115-30 of the Department of Early Childhood Act. 
12 (l) Beginning with the 2018-2019 school year, an in-school 
13suspension program provided by a school district for any 
14students in kindergarten through grade 12 may focus on 
15promoting non-violent conflict resolution and positive 
16interaction with other students and school personnel. A school 
17district may employ a school social worker or a licensed 
18mental health professional to oversee an in-school suspension 
19program in kindergarten through grade 12. 
20(Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25; 
21102-539, eff. 8-20-21; 102-813, eff. 5-13-22.)

22 (105 ILCS 5/21B-50)
23 Sec. 21B-50. Alternative Educator Licensure Program for 
24Teachers.
25 (a) There is established an alternative educator licensure 
 
 
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1program, to be known as the Alternative Educator Licensure 
2Program for Teachers.
3 (b) The Alternative Educator Licensure Program for 
4Teachers may be offered by a recognized institution approved 
5to offer educator preparation programs by the State Board of 
6Education, in consultation with the State Educator Preparation 
7and Licensure Board.
8 The program shall be comprised of up to 3 phases:
9  (1) A course of study that at a minimum includes 
10 instructional planning; instructional strategies, 
11 including special education, reading, and English language 
12 learning; classroom management; and the assessment of 
13 students and use of data to drive instruction.
14  (2) A year of residency, which is a candidate's 
15 assignment to a full-time teaching position or as a 
16 co-teacher for one full school year. An individual must 
17 hold an Educator License with Stipulations with an 
18 alternative provisional educator endorsement in order to 
19 enter the residency. In residency, the candidate must: be 
20 assigned an effective, fully licensed teacher by the 
21 principal or principal equivalent to act as a mentor and 
22 coach the candidate through residency, complete additional 
23 program requirements that address required State and 
24 national standards, pass the State Board's teacher 
25 performance assessment, if required under Section 21B-30, 
26 and be recommended by the principal or qualified 
 
 
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1 equivalent of a principal, as required under subsection 
2 (d) of this Section, and the program coordinator to be 
3 recommended for full licensure or to continue with a 
4 second year of the residency.
5  (3) (Blank).
6  (4) A comprehensive assessment of the candidate's 
7 teaching effectiveness, as evaluated by the principal or 
8 qualified equivalent of a principal, as required under 
9 subsection (d) of this Section, and the program 
10 coordinator, at the end of either the first or the second 
11 year of residency. If there is disagreement between the 2 
12 evaluators about the candidate's teaching effectiveness at 
13 the end of the first year of residency, a second year of 
14 residency shall be required. If there is disagreement 
15 between the 2 evaluators at the end of the second year of 
16 residency, the candidate may complete one additional year 
17 of residency teaching under a professional development 
18 plan developed by the principal or qualified equivalent 
19 and the preparation program. At the completion of the 
20 third year, a candidate must have positive evaluations and 
21 a recommendation for full licensure from both the 
22 principal or qualified equivalent and the program 
23 coordinator or no Professional Educator License shall be 
24 issued.
25 Successful completion of the program shall be deemed to 
26satisfy any other practice or student teaching and content 
 
 
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1matter requirements established by law.
2 (c) An alternative provisional educator endorsement on an 
3Educator License with Stipulations is valid for up to 2 years 
4of teaching in the public schools, including without 
5limitation a preschool educational program under Section 
62-3.71 of this Code or Section 15-30 of the Department of Early 
7Childhood Act or charter school, or in a State-recognized 
8nonpublic school in which the chief administrator is required 
9to have the licensure necessary to be a principal in a public 
10school in this State and in which a majority of the teachers 
11are required to have the licensure necessary to be instructors 
12in a public school in this State, but may be renewed for a 
13third year if needed to complete the Alternative Educator 
14Licensure Program for Teachers. The endorsement shall be 
15issued only once to an individual who meets all of the 
16following requirements:
17  (1) Has graduated from a regionally accredited college 
18 or university with a bachelor's degree or higher.
19  (2) (Blank).
20  (3) Has completed a major in the content area if 
21 seeking a middle or secondary level endorsement or, if 
22 seeking an early childhood, elementary, or special 
23 education endorsement, has completed a major in the 
24 content area of early childhood reading, English/language 
25 arts, mathematics, or one of the sciences. If the 
26 individual does not have a major in a content area for any 
 
 
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1 level of teaching, he or she must submit transcripts to 
2 the State Board of Education to be reviewed for 
3 equivalency.
4  (4) Has successfully completed phase (1) of subsection 
5 (b) of this Section.
6  (5) Has passed a content area test required for the 
7 specific endorsement for admission into the program, as 
8 required under Section 21B-30 of this Code.
9 A candidate possessing the alternative provisional 
10educator endorsement may receive a salary, benefits, and any 
11other terms of employment offered to teachers in the school 
12who are members of an exclusive bargaining representative, if 
13any, but a school is not required to provide these benefits 
14during the years of residency if the candidate is serving only 
15as a co-teacher. If the candidate is serving as the teacher of 
16record, the candidate must receive a salary, benefits, and any 
17other terms of employment. Residency experiences must not be 
18counted towards tenure.
19 (d) The recognized institution offering the Alternative 
20Educator Licensure Program for Teachers must partner with a 
21school district, including without limitation a preschool 
22educational program under Section 2-3.71 of this Code or 
23Section 15-30 of the Department of Early Childhood Act or 
24charter school, or a State-recognized, nonpublic school in 
25this State in which the chief administrator is required to 
26have the licensure necessary to be a principal in a public 
 
 
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1school in this State and in which a majority of the teachers 
2are required to have the licensure necessary to be instructors 
3in a public school in this State. A recognized institution 
4that partners with a public school district administering a 
5preschool educational program under Section 2-3.71 of this 
6Code or Section 15-30 of the Department of Early Childhood Act 
7must require a principal to recommend or evaluate candidates 
8in the program. A recognized institution that partners with an 
9eligible entity administering a preschool educational program 
10under Section 2-3.71 of this Code or Section 15-30 of the 
11Department of Early Childhood Act and that is not a public 
12school district must require a principal or qualified 
13equivalent of a principal to recommend or evaluate candidates 
14in the program. The program presented for approval by the 
15State Board of Education must demonstrate the supports that 
16are to be provided to assist the provisional teacher during 
17the one-year 1-year or 2-year residency period and if the 
18residency period is to be less than 2 years in length, 
19assurances from the partner school districts to provide 
20intensive mentoring and supports through at least the end of 
21the second full year of teaching for educators who completed 
22the Alternative Educator Educators Licensure Program for 
23Teachers in less than 2 years. These supports must, at a 
24minimum, provide additional contact hours with mentors during 
25the first year of residency.
26 (e) Upon completion of phases under paragraphs (1), (2), 
 
 
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1(4), and, if needed, (3) in subsection (b) of this Section and 
2all assessments required under Section 21B-30 of this Code, an 
3individual shall receive a Professional Educator License.
4 (f) The State Board of Education, in consultation with the 
5State Educator Preparation and Licensure Board, may adopt such 
6rules as may be necessary to establish and implement the 
7Alternative Educator Licensure Program for Teachers.
8(Source: P.A. 103-111, eff. 6-29-23; 103-488, eff. 8-4-23; 
9revised 9-1-23.)

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

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

11 Section 90-35. The School Construction Law is amended by 
12changing Section 5-300 as follows:

13 (105 ILCS 230/5-300)
14 Sec. 5-300. Early childhood construction grants.
15 (a) The Capital Development Board is authorized to make 
16grants to public school districts and not-for-profit entities 
17for early childhood construction projects, except that in 
18fiscal year 2024 those grants may be made only to public school 
19districts. These grants shall be paid out of moneys 
20appropriated for that purpose from the School Construction 
21Fund, the Build Illinois Bond Fund, or the Rebuild Illinois 
22Projects Fund. No grants may be awarded to entities providing 
23services within private residences. A public school district 
24or other eligible entity must provide local matching funds in 
 
 
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1the following manner:
2  (1) A public school district assigned to Tier 1 under 
3 Section 18-8.15 of the School Code or any other eligible 
4 entity in an area encompassed by that district must 
5 provide local matching funds in an amount equal to 3% of 
6 the grant awarded under this Section.
7  (2) A public school district assigned to Tier 2 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 7.5% of 
11 the grant awarded under this Section.
12  (3) A public school district assigned to Tier 3 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 8.75% 
16 of the grant awarded under this Section.
17  (4) A public school district assigned to Tier 4 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 10% of 
21 the grant awarded under this Section. 
22 A public school district or other eligible entity has no 
23entitlement to a grant under this Section.
24 (b) The Capital Development Board shall adopt rules to 
25implement this Section. These rules need not be the same as the 
26rules for school construction project grants or school 
 
 
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1maintenance project grants. The rules may specify:
2  (1) the manner of applying for grants;
3  (2) project eligibility requirements;
4  (3) restrictions on the use of grant moneys;
5  (4) the manner in which school districts and other 
6 eligible entities must account for the use of grant 
7 moneys;
8  (5) requirements that new or improved facilities be 
9 used for early childhood and other related programs for a 
10 period of at least 10 years; and 
11  (6) any other provision that the Capital Development 
12 Board determines to be necessary or useful for the 
13 administration of this Section.
14 (b-5) When grants are made to non-profit corporations for 
15the acquisition or construction of new facilities, the Capital 
16Development Board or any State agency it so designates shall 
17hold title to or place a lien on the facility for a period of 
1810 years after the date of the grant award, after which title 
19to the facility shall be transferred to the non-profit 
20corporation or the lien shall be removed, provided that the 
21non-profit corporation has complied with the terms of its 
22grant agreement. When grants are made to non-profit 
23corporations for the purpose of renovation or rehabilitation, 
24if the non-profit corporation does not comply with item (5) of 
25subsection (b) of this Section, the Capital Development Board 
26or any State agency it so designates shall recover the grant 
 
 
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1pursuant to the procedures outlined in the Illinois Grant 
2Funds Recovery Act.
3 (c) The Capital Development Board, in consultation with 
4the State Board of Education, shall establish standards for 
5the determination of priority needs concerning early childhood 
6projects based on projects located in communities in the State 
7with the greatest underserved population of young children, 
8utilizing Census data and other reliable local early childhood 
9service data.
10 (d) In each school year in which early childhood 
11construction project grants are awarded, 20% of the total 
12amount awarded shall be awarded to a school district with a 
13population of more than 500,000, provided that the school 
14district complies with the requirements of this Section and 
15the rules adopted under this Section.
16 (e) This Section is repealed on July 1, 2026. 
17(Source: P.A. 102-16, eff. 6-17-21; 103-8, eff. 6-7-23.)

18 Section 90-40. The Early Childhood Access Consortium for 
19Equity Act is amended by changing Sections 25 and 35 as 
20follows:

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

6 (110 ILCS 28/35)
7 Sec. 35. Goals and metrics.
8 (a) By July 1, 2021 or within 60 days after the effective 
9date of this amendatory Act of the 102nd General Assembly, the 
10Board of Higher Education's Strategic Plan Educator Workforce 
11subgroup on the early childhood workforce must set goals for 
12the Consortium for the enrollment, persistence, and completion 
13of members of the incumbent workforce in associate, 
14bachelor's, and master's degree programs, Gateways Credentials 
15in Level 2, 3, or 4, and Professional Educator Licensure by 
16September 30, 2024. The goals set for the Consortium must be 
17data informed and include targets for annual enrollment and 
18persistence.
19 (b) Data from the Gateways Registry, March 2020, indicates 
20that there are 7,670 individuals with an associate degree who 
21would benefit from progressing to a baccalaureate degree and 
2220,467 individuals with a high school diploma or some college 
23who would benefit from progressing to an associate degree. If 
24the goals cannot be set in accordance with subsection (a), the 
25goal for the Consortium shall be that by September 30, 2024, 
 
 
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120% of the individuals described in this subsection (b) who do 
2not have a degree will have enrolled and be persisting toward 
3or have attained a Gateways Credential in Level 2, 3, or 4 or 
4an associate degree and, of the individuals who have an 
5associate degree, will be enrolled and persisting toward or 
6have attained a baccalaureate degree or will be persisting 
7toward or have attained a Professional Educator License.
8 (c) Student financial aid, including incentives and 
9stipends, data-sharing, and professional statewide engagement 
10and marketing campaign and recruitment efforts are critical to 
11the Consortium's ability to quickly attract and enroll 
12students into these programs. Navigators, mentors, and 
13advisors are critical for persistence and completion. If 
14federal funds are not appropriated for these purposes and the 
15other purposes of this Section, the Board of Higher Education, 
16the Illinois Community College Board, the State Board of 
17Education, the Department of Human Services, and the 
18Department of Early Childhood Governor's Office of Early 
19Childhood Development, in consultation with the advisory 
20committee, shall adjust the initial target metrics 
21appropriately by adopting challenging goals that may be 
22attainable with less public investment.
23 (d) The Board of Higher Education, the Illinois Community 
24College Board, the State Board of Education, the Department of 
25Human Services, and the Department of Early Childhood 
26Governor's Office of Early Childhood Development, in 
 
 
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1consultation with the advisory committee, shall determine new 
2metrics and goals for the Consortium as they relate to the 
3remaining and future early childhood workforce, to be 
4instituted after the close of the 2024-2025 academic year and 
5going forward. Metrics must take into consideration that the 
6pipeline depends on sustained, increased student enrollment 
7and completion rates at the associate degree level if this 
8State aims to continue with sustained, increased student 
9enrollment and completion at the bachelor's degree level.
10(Source: P.A. 102-174, eff. 7-28-21.)

11 Section 90-45. The Illinois Public Aid Code is amended by 
12changing Sections 2-12, 2-12.5, 9A-11, 9A-11.5, and 9A-17 as 
13follows:

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

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

25 (305 ILCS 5/9A-11) (from Ch. 23, par. 9A-11)
 
 
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1 Sec. 9A-11. Child care. 
2 (a) The General Assembly recognizes that families with 
3children need child care in order to work. Child care is 
4expensive and families with limited access to economic 
5resources, including those who are transitioning from welfare 
6to work, often struggle to pay the costs of day care. The 
7General Assembly understands the importance of helping working 
8families with limited access to economic resources become and 
9remain self-sufficient. The General Assembly also believes 
10that it is the responsibility of families to share in the costs 
11of child care. It is also the preference of the General 
12Assembly that all working families with limited access to 
13economic resources should be treated equally, regardless of 
14their welfare status.
15 (b) To the extent resources permit, the Illinois 
16Department shall provide child care services to parents or 
17other relatives as defined by rule who are working or 
18participating in employment or Department approved education 
19or training programs. At a minimum, the Illinois Department 
20shall cover the following categories of families:
21  (1) recipients of TANF under Article IV participating 
22 in work and training activities as specified in the 
23 personal plan for employment and self-sufficiency;
24  (2) families transitioning from TANF to work;
25  (3) families at risk of becoming recipients of TANF;
26  (4) families with special needs as defined by rule;
 
 
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1  (5) working families with very low incomes as defined 
2 by rule;
3  (6) families that are not recipients of TANF and that 
4 need child care assistance to participate in education and 
5 training activities; 
6  (7) youth in care, as defined in Section 4d of the 
7 Children and Family Services Act, who are parents, 
8 regardless of income or whether they are working or 
9 participating in Department-approved employment or 
10 education or training programs. Any family that receives 
11 child care assistance in accordance with this paragraph 
12 shall receive one additional 12-month child care 
13 eligibility period after the parenting youth in care's 
14 case with the Department of Children and Family Services 
15 is closed, regardless of income or whether the parenting 
16 youth in care is working or participating in 
17 Department-approved employment or education or training 
18 programs;
19  (8) families receiving Extended Family Support Program 
20 services from the Department of Children and Family 
21 Services, regardless of income or whether they are working 
22 or participating in Department-approved employment or 
23 education or training programs; and
24  (9) families with children under the age of 5 who have 
25 an open intact family services case with the Department of 
26 Children and Family Services. Any family that receives 
 
 
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1 child care assistance in accordance with this paragraph 
2 shall remain eligible for child care assistance 6 months 
3 after the child's intact family services case is closed, 
4 regardless of whether the child's parents or other 
5 relatives as defined by rule are working or participating 
6 in Department approved employment or education or training 
7 programs. The Department of Early Childhood Human 
8 Services, in consultation with the Department of Children 
9 and Family Services, shall adopt rules to protect the 
10 privacy of families who are the subject of an open intact 
11 family services case when such families enroll in child 
12 care services. Additional rules shall be adopted to offer 
13 children who have an open intact family services case the 
14 opportunity to receive an Early Intervention screening and 
15 other services that their families may be eligible for as 
16 provided by the Department of Human Services. 
17 Beginning October 1, 2027 2023, and every October 1 
18thereafter, the Department of Children and Family Services 
19shall report to the General Assembly on the number of children 
20who received child care via vouchers paid for by the 
21Department of Early Childhood Children and Family Services 
22during the preceding fiscal year. The report shall include the 
23ages of children who received child care, the type of child 
24care they received, and the number of months they received 
25child care. 
26 The Department shall specify by rule the conditions of 
 
 
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1eligibility, the application process, and the types, amounts, 
2and duration of services. Eligibility for child care benefits 
3and the amount of child care provided may vary based on family 
4size, income, and other factors as specified by rule.
5 The Department shall update the Child Care Assistance 
6Program Eligibility Calculator posted on its website to 
7include a question on whether a family is applying for child 
8care assistance for the first time or is applying for a 
9redetermination of eligibility. 
10 A family's eligibility for child care services shall be 
11redetermined no sooner than 12 months following the initial 
12determination or most recent redetermination. During the 
1312-month periods, the family shall remain eligible for child 
14care services regardless of (i) a change in family income, 
15unless family income exceeds 85% of State median income, or 
16(ii) a temporary change in the ongoing status of the parents or 
17other relatives, as defined by rule, as working or attending a 
18job training or educational program. 
19 In determining income eligibility for child care benefits, 
20the Department annually, at the beginning of each fiscal year, 
21shall establish, by rule, one income threshold for each family 
22size, in relation to percentage of State median income for a 
23family of that size, that makes families with incomes below 
24the specified threshold eligible for assistance and families 
25with incomes above the specified threshold ineligible for 
26assistance. Through and including fiscal year 2007, the 
 
 
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1specified threshold must be no less than 50% of the 
2then-current State median income for each family size. 
3Beginning in fiscal year 2008, the specified threshold must be 
4no less than 185% of the then-current federal poverty level 
5for each family size. Notwithstanding any other provision of 
6law or administrative rule to the contrary, beginning in 
7fiscal year 2019, the specified threshold for working families 
8with very low incomes as defined by rule must be no less than 
9185% of the then-current federal poverty level for each family 
10size. Notwithstanding any other provision of law or 
11administrative rule to the contrary, beginning in State fiscal 
12year 2022 through State fiscal year 2023, the specified income 
13threshold shall be no less than 200% of the then-current 
14federal poverty level for each family size. Beginning in State 
15fiscal year 2024, the specified income threshold shall be no 
16less than 225% of the then-current federal poverty level for 
17each family size. 
18 In determining eligibility for assistance, the Department 
19shall not give preference to any category of recipients or 
20give preference to individuals based on their receipt of 
21benefits under this Code.
22 Nothing in this Section shall be construed as conferring 
23entitlement status to eligible families.
24 The Illinois Department is authorized to lower income 
25eligibility ceilings, raise parent co-payments, create waiting 
26lists, or take such other actions during a fiscal year as are 
 
 
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1necessary to ensure that child care benefits paid under this 
2Article do not exceed the amounts appropriated for those child 
3care benefits. These changes may be accomplished by emergency 
4rule under Section 5-45 of the Illinois Administrative 
5Procedure Act, except that the limitation on the number of 
6emergency rules that may be adopted in a 24-month period shall 
7not apply.
8 The Illinois Department may contract with other State 
9agencies or child care organizations for the administration of 
10child care services.
11 (c) Payment shall be made for child care that otherwise 
12meets the requirements of this Section and applicable 
13standards of State and local law and regulation, including any 
14requirements the Illinois Department promulgates by rule. 
15Through June 30, 2026, the rules of this Section include 
16licensure requirements adopted by the Department of Children 
17and Family Services. On and after July 1, 2026, the rules of 
18this Section include licensure requirements adopted by the 
19Department of Early Childhood. In addition, the regulations of 
20this Section include the in addition to the licensure 
21requirements promulgated by the Department of Children and 
22Family Services and Fire Prevention and Safety requirements 
23promulgated by the Office of the State Fire Marshal, and is 
24provided in any of the following:
25  (1) a child care center which is licensed or exempt 
26 from licensure pursuant to Section 2.09 of the Child Care 
 
 
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1 Act of 1969;
2  (2) a licensed child care home or home exempt from 
3 licensing;
4  (3) a licensed group child care home;
5  (4) other types of child care, including child care 
6 provided by relatives or persons living in the same home 
7 as the child, as determined by the Illinois Department by 
8 rule.
9 (c-5) Solely for the purposes of coverage under the 
10Illinois Public Labor Relations Act, child and day care home 
11providers, including licensed and license exempt, 
12participating in the Department's child care assistance 
13program shall be considered to be public employees and the 
14State of Illinois shall be considered to be their employer as 
15of January 1, 2006 (the effective date of Public Act 94-320), 
16but not before. The State shall engage in collective 
17bargaining with an exclusive representative of child and day 
18care home providers participating in the child care assistance 
19program concerning their terms and conditions of employment 
20that are within the State's control. Nothing in this 
21subsection shall be understood to limit the right of families 
22receiving services defined in this Section to select child and 
23day care home providers or supervise them within the limits of 
24this Section. The State shall not be considered to be the 
25employer of child and day care home providers for any purposes 
26not specifically provided in Public Act 94-320, including, but 
 
 
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1not limited to, purposes of vicarious liability in tort and 
2purposes of statutory retirement or health insurance benefits. 
3Child and day care home providers shall not be covered by the 
4State Employees Group Insurance Act of 1971.
5 In according child and day care home providers and their 
6selected representative rights under the Illinois Public Labor 
7Relations Act, the State intends that the State action 
8exemption to application of federal and State antitrust laws 
9be fully available to the extent that their activities are 
10authorized by Public Act 94-320. 
11 (d) The Illinois Department shall establish, by rule, a 
12co-payment scale that provides for cost sharing by families 
13that receive child care services, including parents whose only 
14income is from assistance under this Code. The co-payment 
15shall be based on family income and family size and may be 
16based on other factors as appropriate. Co-payments may be 
17waived for families whose incomes are at or below the federal 
18poverty level.
19 (d-5) The Illinois Department, in consultation with its 
20Child Care and Development Advisory Council, shall develop a 
21plan to revise the child care assistance program's co-payment 
22scale. The plan shall be completed no later than February 1, 
232008, and shall include:
24  (1) findings as to the percentage of income that the 
25 average American family spends on child care and the 
26 relative amounts that low-income families and the average 
 
 
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1 American family spend on other necessities of life; 
2  (2) recommendations for revising the child care 
3 co-payment scale to assure that families receiving child 
4 care services from the Department are paying no more than 
5 they can reasonably afford;
6  (3) recommendations for revising the child care 
7 co-payment scale to provide at-risk children with complete 
8 access to Preschool for All and Head Start; and
9  (4) recommendations for changes in child care program 
10 policies that affect the affordability of child care. 
11 (e) (Blank).
12 (f) The Illinois Department shall, by rule, set rates to 
13be paid for the various types of child care. Child care may be 
14provided through one of the following methods:
15  (1) arranging the child care through eligible 
16 providers by use of purchase of service contracts or 
17 vouchers;
18  (2) arranging with other agencies and community 
19 volunteer groups for non-reimbursed child care;
20  (3) (blank); or
21  (4) adopting such other arrangements as the Department 
22 determines appropriate.
23 (f-1) Within 30 days after June 4, 2018 (the effective 
24date of Public Act 100-587), the Department of Human Services 
25shall establish rates for child care providers that are no 
26less than the rates in effect on January 1, 2018 increased by 
 
 
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14.26%. 
2 (f-5) (Blank).
3 (g) Families eligible for assistance under this Section 
4shall be given the following options:
5  (1) receiving a child care certificate issued by the 
6 Department or a subcontractor of the Department that may 
7 be used by the parents as payment for child care and 
8 development services only; or
9  (2) if space is available, enrolling the child with a 
10 child care provider that has a purchase of service 
11 contract with the Department or a subcontractor of the 
12 Department for the provision of child care and development 
13 services. The Department may identify particular priority 
14 populations for whom they may request special 
15 consideration by a provider with purchase of service 
16 contracts, provided that the providers shall be permitted 
17 to maintain a balance of clients in terms of household 
18 incomes and families and children with special needs, as 
19 defined by rule.
20(Source: P.A. 102-491, eff. 8-20-21; 102-813, eff. 5-13-22; 
21102-926, eff. 5-27-22; 103-8, eff. 6-7-23.)

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

25 (305 ILCS 5/9A-17)
 
 
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1 Sec. 9A-17. Smart Start Child Care Program. Subject to 
2appropriation, the Department of Human Services shall 
3establish the Smart Start Child Care Program. The Smart Start 
4Child Care Program shall focus on creating affordable child 
5care, as well as increasing access to child care, for Illinois 
6residents and may include, but is not limited to, providing 
7funding to increase preschool availability, providing funding 
8for childcare workforce compensation or capital investments, 
9and expanding funding for Early Childhood Access Consortium 
10for Equity Scholarships. The Department shall establish 
11program eligibility criteria, participation conditions, 
12payment levels, and other program requirements by rule. The 
13Department of Human Services may consult with the Capital 
14Development Board, the Department of Commerce and Economic 
15Opportunity, and the Illinois Housing Development Authority in 
16the management and disbursement of funds for capital-related 
17projects. The Capital Development Board, the Department of 
18Commerce and Economic Opportunity, and the Illinois Housing 
19Development Authority shall act in a consulting role only for 
20the evaluation of applicants, scoring of applicants, or 
21administration of the grant program.
22 This Section is repealed on July 1, 2026. 
23(Source: P.A. 103-8, eff. 6-7-23.)

24 Section 90-50. The Early Intervention Services System Act 
25is amended by adding Section 20.1 as follows:

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

3 Section 90-55. The Infant/Early Childhood Mental Health 
4Consultations Act is amended by changing Section 35-5 as 
5follows:

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

20 Section 90-60. The Children's Mental Health Act is amended 
21by changing Section 5 as follows:

22 (405 ILCS 49/5)
23 Sec. 5. Children's Mental Health Partnership; Children's 
24Mental Health Plan. 
 
 
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1 (a) The Children's Mental Health Partnership (hereafter 
2referred to as "the Partnership") created under Public Act 
393-495 and continued under Public Act 102-899 shall advise 
4State agencies on designing and implementing short-term and 
5long-term strategies to provide comprehensive and coordinated 
6services for children from birth to age 25 and their families 
7with the goal of addressing children's mental health needs 
8across a full continuum of care, including social determinants 
9of health, prevention, early identification, and treatment. 
10The recommended strategies shall build upon the 
11recommendations in the Children's Mental Health Plan of 2022 
12and may include, but are not limited to, recommendations 
13regarding the following:
14  (1) Increasing public awareness on issues connected to 
15 children's mental health and wellness to decrease stigma, 
16 promote acceptance, and strengthen the ability of 
17 children, families, and communities to access supports.
18  (2) Coordination of programs, services, and policies 
19 across child-serving State agencies to best monitor and 
20 assess spending, as well as foster innovation of adaptive 
21 or new practices.
22  (3) Funding and resources for children's mental health 
23 prevention, early identification, and treatment across 
24 child-serving State agencies.
25  (4) Facilitation of research on best practices and 
26 model programs and dissemination of this information to 
 
 
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1 State policymakers, practitioners, and the general public.
2  (5) Monitoring programs, services, and policies 
3 addressing children's mental health and wellness.
4  (6) Growing, retaining, diversifying, and supporting 
5 the child-serving workforce, with special emphasis on 
6 professional development around child and family mental 
7 health and wellness services.
8  (7) Supporting the design, implementation, and 
9 evaluation of a quality-driven children's mental health 
10 system of care across all child services that prevents 
11 mental health concerns and mitigates trauma.
12  (8) Improving the system to more effectively meet the 
13 emergency and residential placement needs for all children 
14 with severe mental and behavioral challenges.
15 (b) The Partnership shall have the responsibility of 
16developing and updating the Children's Mental Health Plan and 
17advising the relevant State agencies on implementation of the 
18Plan. The Children's Mental Health Partnership shall be 
19comprised of the following members:
20  (1) The Governor or his or her designee. 
21  (2) The Attorney General or his or her designee. 
22  (3) The Secretary of the Department of Human Services 
23 or his or her designee. 
24  (4) The State Superintendent of Education or his or 
25 her designee. 
26  (5) The Director of the Department of Children and 
 
 
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1 Family Services or his or her designee. 
2  (6) The Director of the Department of Healthcare and 
3 Family Services or his or her designee. 
4  (7) The Director of the Department of Public Health or 
5 his or her designee. 
6  (8) The Director of the Department of Juvenile Justice 
7 or his or her designee. 
8  (9) The Secretary of Early Childhood Executive 
9 Director of the Governor's Office of Early Childhood 
10 Development or his or her designee. 
11  (10) The Director of the Criminal Justice Information 
12 Authority or his or her designee. 
13  (11) One member of the General Assembly appointed by 
14 the Speaker of the House. 
15  (12) One member of the General Assembly appointed by 
16 the President of the Senate. 
17  (13) One member of the General Assembly appointed by 
18 the Minority Leader of the Senate. 
19  (14) One member of the General Assembly appointed by 
20 the Minority Leader of the House. 
21  (15) Up to 25 representatives from the public 
22 reflecting a diversity of age, gender identity, race, 
23 ethnicity, socioeconomic status, and geographic location, 
24 to be appointed by the Governor. Those public members 
25 appointed under this paragraph must include, but are not 
26 limited to: 
 
 
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1   (A) a family member or individual with lived 
2 experience in the children's mental health system; 
3   (B) a child advocate; 
4   (C) a community mental health expert, 
5 practitioner, or provider; 
6   (D) a representative of a statewide association 
7 representing a majority of hospitals in the State; 
8   (E) an early childhood expert or practitioner; 
9   (F) a representative from the K-12 school system; 
10   (G) a representative from the healthcare sector; 
11   (H) a substance use prevention expert or 
12 practitioner, or a representative of a statewide 
13 association representing community-based mental health 
14 substance use disorder treatment providers in the 
15 State; 
16   (I) a violence prevention expert or practitioner; 
17   (J) a representative from the juvenile justice 
18 system; 
19   (K) a school social worker; and 
20   (L) a representative of a statewide organization 
21 representing pediatricians.
22  (16) Two co-chairs appointed by the Governor, one 
23 being a representative from the public and one being a 
24 representative from the State. 
25 The members appointed by the Governor shall be appointed 
26for 4 years with one opportunity for reappointment, except as 
 
 
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1otherwise provided for in this subsection. Members who were 
2appointed by the Governor and are serving on January 1, 2023 
3(the effective date of Public Act 102-899) shall maintain 
4their appointment until the term of their appointment has 
5expired. For new appointments made pursuant to Public Act 
6102-899, members shall be appointed for one-year, 2-year, or 
74-year terms, as determined by the Governor, with no more than 
89 of the Governor's new or existing appointees serving the 
9same term. Those new appointments serving a one-year or 2-year 
10term may be appointed to 2 additional 4-year terms. If a 
11vacancy occurs in the Partnership membership, the vacancy 
12shall be filled in the same manner as the original appointment 
13for the remainder of the term. 
14 The Partnership shall be convened no later than January 
1531, 2023 to discuss the changes in Public Act 102-899. 
16 The members of the Partnership shall serve without 
17compensation but may be entitled to reimbursement for all 
18necessary expenses incurred in the performance of their 
19official duties as members of the Partnership from funds 
20appropriated for that purpose. 
21 The Partnership may convene and appoint special committees 
22or study groups to operate under the direction of the 
23Partnership. Persons appointed to such special committees or 
24study groups shall only receive reimbursement for reasonable 
25expenses. 
26 (b-5) The Partnership shall include an adjunct council 
 
 
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1comprised of no more than 6 youth aged 14 to 25 and 4 
2representatives of 4 different community-based organizations 
3that focus on youth mental health. Of the community-based 
4organizations that focus on youth mental health, one of the 
5community-based organizations shall be led by an 
6LGBTQ-identified person, one of the community-based 
7organizations shall be led by a person of color, and one of the 
8community-based organizations shall be led by a woman. Of the 
9representatives appointed to the council from the 
10community-based organizations, at least one representative 
11shall be LGBTQ-identified, at least one representative shall 
12be a person of color, and at least one representative shall be 
13a woman. The council members shall be appointed by the Chair of 
14the Partnership and shall reflect the racial, gender identity, 
15sexual orientation, ability, socioeconomic, ethnic, and 
16geographic diversity of the State, including rural, suburban, 
17and urban appointees. The council shall make recommendations 
18to the Partnership regarding youth mental health, including, 
19but not limited to, identifying barriers to youth feeling 
20supported by and empowered by the system of mental health and 
21treatment providers, barriers perceived by youth in accessing 
22mental health services, gaps in the mental health system, 
23available resources in schools, including youth's perceptions 
24and experiences with outreach personnel, agency websites, and 
25informational materials, methods to destigmatize mental health 
26services, and how to improve State policy concerning student 
 
 
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1mental health. The mental health system may include services 
2for substance use disorders and addiction. The council shall 
3meet at least 4 times annually. 
4 (c) (Blank).
5 (d) The Illinois Children's Mental Health Partnership has 
6the following powers and duties: 
7  (1) Conducting research assessments to determine the 
8 needs and gaps of programs, services, and policies that 
9 touch children's mental health. 
10  (2) Developing policy statements for interagency 
11 cooperation to cover all aspects of mental health 
12 delivery, including social determinants of health, 
13 prevention, early identification, and treatment. 
14  (3) Recommending policies and providing information on 
15 effective programs for delivery of mental health services. 
16  (4) Using funding from federal, State, or 
17 philanthropic partners, to fund pilot programs or research 
18 activities to resource innovative practices by 
19 organizational partners that will address children's 
20 mental health. However, the Partnership may not provide 
21 direct services. 
22  (5) Submitting an annual report, on or before December 
23 30 of each year, to the Governor and the General Assembly 
24 on the progress of the Plan, any recommendations regarding 
25 State policies, laws, or rules necessary to fulfill the 
26 purposes of the Act, and any additional recommendations 
 
 
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1 regarding mental or behavioral health that the Partnership 
2 deems necessary. 
3  (6) Employing an Executive Director and setting the 
4 compensation of the Executive Director and other such 
5 employees and technical assistance as it deems necessary 
6 to carry out its duties under this Section. 
7 The Partnership may designate a fiscal and administrative 
8agent that can accept funds to carry out its duties as outlined 
9in this Section. 
10 The Department of Healthcare and Family Services shall 
11provide technical and administrative support for the 
12Partnership. 
13 (e) The Partnership may accept monetary gifts or grants 
14from the federal government or any agency thereof, from any 
15charitable foundation or professional association, or from any 
16reputable source for implementation of any program necessary 
17or desirable to carry out the powers and duties as defined 
18under this Section. 
19 (f) On or before January 1, 2027, the Partnership shall 
20submit recommendations to the Governor and General Assembly 
21that includes recommended updates to the Act to reflect the 
22current mental health landscape in this State. 
23(Source: P.A. 102-16, eff. 6-17-21; 102-116, eff. 7-23-21; 
24102-899, eff. 1-1-23; 102-1034, eff. 1-1-23; 103-154, eff. 
256-30-23.)

 
 
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1 Section 90-65. The Advisory Board for the Maternal and 
2Child Health Block Grant Programs Act is amended by changing 
3Section 15 as follows:

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

11
ARTICLE 95. CHILD CARE ACT OF 1969 AMENDMENTS


12 (225 ILCS 10/2.11 rep.)
13 Section 95-5. The Child Care Act of 1969 is amended by 
14repealing Section 2.11.

15 Section 95-10. The Child Care Act of 1969 is amended by 
16changing Sections 2.09, 3, 4, 4.1, 4.3, 4.4, 4.5, 5, 5.1, 5.2, 
175.8, 5.9, 5.10, 5.11, 6, 7, 7.2, 7.10, 8, 8.1, 8.2, 8.5, 9, 
189.1, 9.1c, 9.2, 10, 11, 11.1, 11.2, 12, 15, 16, 17, and 18 and 
19by adding Sections 3.01, 4.01, 4.2a, 4.3a, 4.4a, 5.01, 5.1a, 
205.2a, 6.1, 7.01, 8a, 8.1a, 8.2a, 8.6, 9.01, 11.1a, 11.3, 12.1, 
2115.1, 16.1, and 18.1 as follows:

22 (225 ILCS 10/2.09) (from Ch. 23, par. 2212.09)
 
 
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1 Sec. 2.09. "Day care center" means any child care facility 
2which regularly provides day care for less than 24 hours per 
3day for (1) more than 8 children in a family home, or (2) more 
4than 3 children in a facility other than a family home, 
5including senior citizen buildings. 
6 The term does not include: 
7  (a) programs operated by (i) public or private 
8 elementary school systems or secondary level school units 
9 or institutions of higher learning that serve children who 
10 shall have attained the age of 3 years or (ii) private 
11 entities on the grounds of public or private elementary or 
12 secondary schools and that serve children who have 
13 attained the age of 3 years, except that this exception 
14 applies only to the facility and not to the private 
15 entities' personnel operating the program; 
16  (b) programs or that portion of the program which 
17 serves children who shall have attained the age of 3 years 
18 and which are recognized by the State Board of Education; 
19  (c) educational program or programs serving children 
20 who shall have attained the age of 3 years and which are 
21 operated by a school which is registered with the State 
22 Board of Education and which is recognized or accredited 
23 by a recognized national or multistate educational 
24 organization or association which regularly recognizes or 
25 accredits schools; 
26  (d) programs which exclusively serve or that portion 
 
 
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1 of the program which serves children with disabilities who 
2 shall have attained the age of 3 years but are less than 21 
3 years of age and which are registered and approved as 
4 meeting standards of the State Board of Education and 
5 applicable fire marshal standards; 
6  (e) facilities operated in connection with a shopping 
7 center or service, religious services, or other similar 
8 facility, where transient children are cared for 
9 temporarily while parents or custodians of the children 
10 are occupied on the premises and readily available; 
11  (f) any type of day care center that is conducted on 
12 federal government premises; 
13  (g) special activities programs, including athletics, 
14 recreation, crafts instruction, and similar activities 
15 conducted on an organized and periodic basis by civic, 
16 charitable and governmental organizations, including, but 
17 not limited to, programs offered by park districts 
18 organized under the Park District Code to children who 
19 shall have attained the age of 3 years old if the program 
20 meets no more than 3.5 continuous hours at a time or less 
21 and no more than 25 hours during any week, and the park 
22 district conducts background investigations on employees 
23 of the program pursuant to Section 8-23 of the Park 
24 District Code; 
25  (h) part day child care facilities, as defined in 
26 Section 2.10 of this Act; 
 
 
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1  (i) programs or that portion of the program which: 
2   (1) serves children who shall have attained the 
3 age of 3 years; 
4   (2) is operated by churches or religious 
5 institutions as described in Section 501(c)(3) of the 
6 federal Internal Revenue Code; 
7   (3) receives no governmental aid; 
8   (4) is operated as a component of a religious, 
9 nonprofit elementary school; 
10   (5) operates primarily to provide religious 
11 education; and 
12   (6) meets appropriate State or local health and 
13 fire safety standards; or 
14  (j) programs or portions of programs that: 
15   (1) serve only school-age children and youth 
16 (defined as full-time kindergarten children, as 
17 defined in 89 Ill. Adm. Code 407.45, or older); 
18   (2) are organized to promote childhood learning, 
19 child and youth development, educational or 
20 recreational activities, or character-building; 
21   (3) operate primarily during out-of-school time or 
22 at times when school is not normally in session; 
23   (4) comply with the standards of the Illinois 
24 Department of Public Health (77 Ill. Adm. Code 750) or 
25 the local health department, the Illinois State Fire 
26 Marshal (41 Ill. Adm. Code 100), and the following 
 
 
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1 additional health and safety requirements: procedures 
2 for employee and volunteer emergency preparedness and 
3 practice drills; procedures to ensure that first aid 
4 kits are maintained and ready to use; the placement of 
5 a minimum level of liability insurance as determined 
6 by the Department; procedures for the availability of 
7 a working telephone that is onsite and accessible at 
8 all times; procedures to ensure that emergency phone 
9 numbers are posted onsite; and a restriction on 
10 handgun or weapon possession onsite, except if 
11 possessed by a peace officer; 
12   (5) perform and maintain authorization and results 
13 of criminal history checks through the Illinois State 
14 Police and FBI and checks of the Illinois Sex Offender 
15 Registry, the National Sex Offender Registry, and 
16 Child Abuse and Neglect Tracking System for employees 
17 and volunteers who work directly with children; 
18   (6) make hiring decisions in accordance with the 
19 prohibitions against barrier crimes as specified in 
20 Section 4.2 of this Act or in Section 21B-80 of the 
21 School Code; 
22   (7) provide parents with written disclosure that 
23 the operations of the program are not regulated by 
24 licensing requirements; and 
25   (8) obtain and maintain records showing the first 
26 and last name and date of birth of the child, name, 
 
 
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1 address, and telephone number of each parent, 
2 emergency contact information, and written 
3 authorization for medical care.
4 Programs or portions of programs requesting Child Care 
5Assistance Program (CCAP) funding and otherwise meeting the 
6requirements under item (j) shall request exemption from the 
7Department and be determined exempt prior to receiving funding 
8and must annually meet the eligibility requirements and be 
9appropriate for payment under the CCAP.
10 Programs or portions of programs under item (j) that do 
11not receive State or federal funds must comply with staff 
12qualification and training standards established by rule by 
13the Department of Human Services. The Department of Human 
14Services shall set such standards after review of Afterschool 
15for Children and Teens Now (ACT Now) evidence-based quality 
16standards developed for school-age out-of-school time 
17programs, feedback from the school-age out-of-school time 
18program professionals, and review of out-of-school time 
19professional development frameworks and quality tools.
20 Out-of-school time programs for school-age youth that 
21receive State or federal funds must comply with only those 
22staff qualifications and training standards set for the 
23program by the State or federal entity issuing the funds. 
24 For purposes of items (a), (b), (c), (d), and (i) of this 
25Section, "children who shall have attained the age of 3 years" 
26shall mean children who are 3 years of age, but less than 4 
 
 
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1years of age, at the time of enrollment in the program.
2(Source: P.A. 103-153, eff. 6-30-23.)

3 (225 ILCS 10/3) (from Ch. 23, par. 2213)
4 Sec. 3. (a) No person, group of persons or corporation may 
5operate or conduct any facility for child care, as defined in 
6this Act, without a license or permit issued by the Department 
7or without being approved by the Department as meeting the 
8standards established for such licensing, with the exception 
9of facilities for whom standards are established by the 
10Department of Corrections under Section 3-15-2 of the Unified 
11Code of Corrections and with the exception of facilities 
12defined in Section 2.10 of this Act, and with the exception of 
13programs or facilities licensed by the Department of Human 
14Services under the Substance Use Disorder Act, and with the 
15exception of day care centers, day care homes, and group day 
16care homes.
17 (b) (Blank) No part day child care facility as described 
18in Section 2.10 may operate without written notification to 
19the Department or without complying with Section 7.1. 
20Notification shall include a notarized statement by the 
21facility that the facility complies with state or local health 
22standards and state fire safety standards, and shall be filed 
23with the department every 2 years.
24 (c) (Blank) The Director of the Department shall establish 
25policies and coordinate activities relating to child care 
 
 
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1licensing, licensing of day care homes and day care centers.
2 (d) Any facility or agency which is exempt from licensing 
3may apply for licensing if licensing is required for some 
4government benefit.
5 (e) (Blank) A provider of day care described in items (a) 
6through (j) of Section 2.09 of this Act is exempt from 
7licensure. The Department shall provide written verification 
8of exemption and description of compliance with standards for 
9the health, safety, and development of the children who 
10receive the services upon submission by the provider of, in 
11addition to any other documentation required by the 
12Department, a notarized statement that the facility complies 
13with: (1) the standards of the Department of Public Health or 
14local health department, (2) the fire safety standards of the 
15State Fire Marshal, and (3) if operated in a public school 
16building, the health and safety standards of the State Board 
17of Education. 
18(Source: P.A. 99-699, eff. 7-29-16; 100-759, eff. 1-1-19.)

19 (225 ILCS 10/3.01 new)
20 Sec. 3.01. License or permit; Department of Early 
21Childhood. 
22 (a) No person, group of persons or corporation may operate 
23or conduct any day care center, day care home, or group day 
24care home without a license or permit issued by the Department 
25of Early Childhood or without being approved by the Department 
 
 
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1of Early Childhood meeting the standards established for such 
2licensing, with the exception of facilities for whom standards 
3are established by the Department of Corrections under Section 
43-15-2 of the Unified Code of Corrections and with the 
5exception of facilities defined in Section 2.10 of this Act, 
6and with the exception of programs or facilities licensed by 
7the Department of Human Services under the Substance Use 
8Disorder Act.
9 (b) No part day child care facility as described in 
10Section 2.10 may operate without written notification to the 
11Department of Early Childhood or without complying with 
12Section 7.1. Notification shall include a notarized statement 
13by the facility that the facility complies with state or local 
14health standards and state fire safety standards, and shall be 
15filed with the Department every 2 years.
16 (c) The Secretary of Early Childhood shall establish 
17policies and coordinate activities relating to licensing of 
18day care centers, group day care homes, and day care homes.
19 (d) Any facility or agency which is exempt from licensing 
20may apply for licensing if licensing is required for some 
21government benefit.
22 (e) A provider of day care described in items (a) through 
23(j) of Section 2.09 of this Act is exempt from licensure. The 
24Department of Early Childhood shall provide written 
25verification of exemption and description of compliance with 
26standards for the health, safety, and development of the 
 
 
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1children who receive the services upon submission by the 
2provider of, in addition to any other documentation required 
3by the Department of Early Childhood, a notarized statement 
4that the facility complies with: (1) the standards of the 
5Department of Public Health or local health department, (2) 
6the fire safety standards of the State Fire Marshal, and (3) if 
7operated in a public school building, the health and safety 
8standards of the State Board of Education.

9 (225 ILCS 10/4) (from Ch. 23, par. 2214)
10 Sec. 4. License requirement; application; notice; 
11Department of Children and Family Services. 
12 (a) Any person, group of persons or corporation who or 
13which receives children or arranges for care or placement of 
14one or more children unrelated to the operator must apply for a 
15license to operate one of the types of facilities defined in 
16Sections 2.05 through 2.19 (other than a day care center or day 
17care home) and in Section 2.22 of this Act. Any relative, as 
18defined in Section 2.17 of this Act, who receives a child or 
19children for placement by the Department on a full-time basis 
20may apply for a license to operate a foster family home as 
21defined in Section 2.17 of this Act.
22 (a-5) Any agency, person, group of persons, association, 
23organization, corporation, institution, center, or group 
24providing adoption services must be licensed by the Department 
25as a child welfare agency as defined in Section 2.08 of this 
 
 
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1Act. "Providing adoption services" as used in this Act, 
2includes facilitating or engaging in adoption services. 
3 (b) Application for a license to operate a child care 
4facility (other than a day care center, day care home, or group 
5day care home) must be made to the Department in the manner and 
6on forms prescribed by it. An application to operate a foster 
7family home shall include, at a minimum: a completed written 
8form; written authorization by the applicant and all adult 
9members of the applicant's household to conduct a criminal 
10background investigation; medical evidence in the form of a 
11medical report, on forms prescribed by the Department, that 
12the applicant and all members of the household are free from 
13communicable diseases or physical and mental conditions that 
14affect their ability to provide care for the child or 
15children; the names and addresses of at least 3 persons not 
16related to the applicant who can attest to the applicant's 
17moral character; the name and address of at least one relative 
18who can attest to the applicant's capability to care for the 
19child or children; and fingerprints submitted by the applicant 
20and all adult members of the applicant's household.
21 (b-5) Prior to submitting an application for a foster 
22family home license, a quality of care concerns applicant as 
23defined in Section 2.22a of this Act must submit a preliminary 
24application to the Department in the manner and on forms 
25prescribed by it. The Department shall explain to the quality 
26of care concerns applicant the grounds for requiring a 
 
 
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1preliminary application. The preliminary application shall 
2include a list of (i) all children placed in the home by the 
3Department who were removed by the Department for reasons 
4other than returning to a parent and the circumstances under 
5which they were removed and (ii) all children placed by the 
6Department who were subsequently adopted by or placed in the 
7private guardianship of the quality of care concerns applicant 
8who are currently under 18 and who no longer reside in the home 
9and the reasons why they no longer reside in the home. The 
10preliminary application shall also include, if the quality of 
11care concerns applicant chooses to submit, (1) a response to 
12the quality of care concerns, including any reason the 
13concerns are invalid, have been addressed or ameliorated, or 
14no longer apply and (2) affirmative documentation 
15demonstrating that the quality of care concerns applicant's 
16home does not pose a risk to children and that the family will 
17be able to meet the physical and emotional needs of children. 
18The Department shall verify the information in the preliminary 
19application and review (i) information regarding any prior 
20licensing complaints, (ii) information regarding any prior 
21child abuse or neglect investigations, (iii) information 
22regarding any involuntary foster home holds placed on the home 
23by the Department, and (iv) information regarding all child 
24exit interviews, as provided in Section 5.26 of the Children 
25and Family Services Act, regarding the home. Foster home 
26applicants with quality of care concerns are presumed 
 
 
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1unsuitable for future licensure.
2 Notwithstanding the provisions of this subsection (b-5), 
3the Department may make an exception and issue a foster family 
4license to a quality of care concerns applicant if the 
5Department is satisfied that the foster family home does not 
6pose a risk to children and that the foster family will be able 
7to meet the physical and emotional needs of children. In 
8making this determination, the Department must obtain and 
9carefully review all relevant documents and shall obtain 
10consultation from its Clinical Division as appropriate and as 
11prescribed by Department rule and procedure. The Department 
12has the authority to deny a preliminary application based on 
13the record of quality of care concerns of the foster family 
14home. In the alternative, the Department may (i) approve the 
15preliminary application, (ii) approve the preliminary 
16application subject to obtaining additional information or 
17assessments, or (iii) approve the preliminary application for 
18purposes of placing a particular child or children only in the 
19foster family home. If the Department approves a preliminary 
20application, the foster family shall submit an application for 
21licensure as described in subsection (b) of this Section. The 
22Department shall notify the quality of care concerns applicant 
23of its decision and the basis for its decision in writing.
24 (c) The Department shall notify the public when a child 
25care institution, maternity center, or group home licensed by 
26the Department undergoes a change in (i) the range of care or 
 
 
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1services offered at the facility, (ii) the age or type of 
2children served, or (iii) the area within the facility used by 
3children. The Department shall notify the public of the change 
4in a newspaper of general circulation in the county or 
5municipality in which the applicant's facility is or is 
6proposed to be located.
7 (d) If, upon examination of the facility and investigation 
8of persons responsible for care of children and, in the case of 
9a foster home, taking into account information obtained for 
10purposes of evaluating a preliminary application, if 
11applicable, the Department is satisfied that the facility and 
12responsible persons reasonably meet standards prescribed for 
13the type of facility for which application is made, it shall 
14issue a license in proper form, designating on that license 
15the type of child care facility and, except for a child welfare 
16agency, the number of children to be served at any one time.
17 (e) The Department shall not issue or renew the license of 
18any child welfare agency providing adoption services, unless 
19the agency (i) is officially recognized by the United States 
20Internal Revenue Service as a tax-exempt organization 
21described in Section 501(c)(3) of the Internal Revenue Code of 
221986 (or any successor provision of federal tax law) and (ii) 
23is in compliance with all of the standards necessary to 
24maintain its status as an organization described in Section 
25501(c)(3) of the Internal Revenue Code of 1986 (or any 
26successor provision of federal tax law). The Department shall 
 
 
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1grant a grace period of 24 months from the effective date of 
2this amendatory Act of the 94th General Assembly for existing 
3child welfare agencies providing adoption services to obtain 
4501(c)(3) status. The Department shall permit an existing 
5child welfare agency that converts from its current structure 
6in order to be recognized as a 501(c)(3) organization as 
7required by this Section to either retain its current license 
8or transfer its current license to a newly formed entity, if 
9the creation of a new entity is required in order to comply 
10with this Section, provided that the child welfare agency 
11demonstrates that it continues to meet all other licensing 
12requirements and that the principal officers and directors and 
13programs of the converted child welfare agency or newly 
14organized child welfare agency are substantially the same as 
15the original. The Department shall have the sole discretion to 
16grant a one year extension to any agency unable to obtain 
17501(c)(3) status within the timeframe specified in this 
18subsection (e), provided that such agency has filed an 
19application for 501(c)(3) status with the Internal Revenue 
20Service within the 2-year timeframe specified in this 
21subsection (e). 
22(Source: P.A. 101-63, eff. 7-12-19; 102-763, eff. 1-1-23.)

23 (225 ILCS 10/4.01 new)
24 Sec. 4.01. License requirement; application; notice; 
25Department of Early Childhood. 
 
 
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1 (a) Any person, group of persons or corporation who or 
2which receives children or arranges for care of one or more 
3children unrelated to the operator must apply for a license to 
4operate one of the types of facilities defined in Sections 
52.09, 2.18, and 2.20.
6 (b) Application for a license to operate a day care 
7center, day care home, or group day care home must be made to 
8the Department of Early Childhood in the manner and on forms 
9prescribed by it.
10 (c) If, upon examination of the facility and investigation 
11of persons responsible for care of children, the Department of 
12Early Childhood is satisfied that the facility and responsible 
13persons reasonably meet standards prescribed for the type of 
14facility for which application is made, it shall issue a 
15license in proper form, designating on that license the type 
16of child care facility and the number of children to be served 
17at any one time.

18 (225 ILCS 10/4.1) (from Ch. 23, par. 2214.1)
19 Sec. 4.1. Criminal background investigations. The 
20Department of Children and Family Services or the Department 
21of Early Childhood shall require that each child care facility 
22license applicant under the agencies' respective authority as 
23part of the application process, and each employee and 
24volunteer of a child care facility or non-licensed service 
25provider, as a condition of employment, authorize an 
 
 
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1investigation to determine if such applicant, employee, or 
2volunteer has ever been charged with a crime and if so, the 
3disposition of those charges; this authorization shall 
4indicate the scope of the inquiry and the agencies which may be 
5contacted. Upon this authorization, the Director shall request 
6and receive information and assistance from any federal, State 
7or local governmental agency as part of the authorized 
8investigation. Each applicant, employee, or volunteer of a 
9child care facility or non-licensed service provider shall 
10submit the applicant's, employee's, or volunteer's 
11fingerprints to the Illinois State Police in the form and 
12manner prescribed by the Illinois State Police. These 
13fingerprints shall be checked against the fingerprint records 
14now and hereafter filed in the Illinois State Police and 
15Federal Bureau of Investigation criminal history records 
16databases. The Illinois State Police shall charge a fee for 
17conducting the criminal history records check, which shall be 
18deposited in the State Police Services Fund and shall not 
19exceed the actual cost of the records check. The Illinois 
20State Police shall provide information concerning any criminal 
21charges, and their disposition, now or hereafter filed, 
22against an applicant, employee, or volunteer of a child care 
23facility or non-licensed service provider upon request of the 
24Department of Children and Family Services or the Department 
25of Early Childhood when the request is made in the form and 
26manner required by the Illinois State Police.
 
 
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1 Information concerning convictions of a license applicant, 
2employee, or volunteer of a child care facility or 
3non-licensed service provider investigated under this Section, 
4including the source of the information and any conclusions or 
5recommendations derived from the information, shall be 
6provided, upon request, to such applicant, employee, or 
7volunteer of a child care facility or non-licensed service 
8provider prior to final action by the Department of Children 
9and Family Services or the Department of Early Childhood under 
10the agencies' respective authority on the application. State 
11conviction information provided by the Illinois State Police 
12regarding employees, prospective employees, or volunteers of 
13non-licensed service providers and child care facilities 
14licensed under this Act shall be provided to the operator of 
15such facility, and, upon request, to the employee, prospective 
16employee, or volunteer of a child care facility or 
17non-licensed service provider. Any information concerning 
18criminal charges and the disposition of such charges obtained 
19by the Department of Children and Family Services or the 
20Department of Early Childhood shall be confidential and may 
21not be transmitted outside the Department of Children and 
22Family Services or the Department of Early Childhood, except 
23as required herein, and may not be transmitted to anyone 
24within the Department of Children and Family Services or the 
25Department of Early Childhood except as needed for the purpose 
26of evaluating an application or an employee or volunteer of a 
 
 
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1child care facility or non-licensed service provider. Only 
2information and standards which bear a reasonable and rational 
3relation to the performance of a child care facility shall be 
4used by the Department of Children and Family Services or the 
5Department of Early Childhood or any licensee. Any employee of 
6the Department of Children and Family Services, Department of 
7Early Childhood, Illinois State Police, or a child care 
8facility receiving confidential information under this Section 
9who gives or causes to be given any confidential information 
10concerning any criminal convictions of an applicant, employee, 
11or volunteer of a child care facility or non-licensed service 
12provider, shall be guilty of a Class A misdemeanor unless 
13release of such information is authorized by this Section.
14 A child care facility may hire, on a probationary basis, 
15any employee or volunteer of a child care facility or 
16non-licensed service provider authorizing a criminal 
17background investigation under this Section, pending the 
18result of such investigation. Employees and volunteers of a 
19child care facility or non-licensed service provider shall be 
20notified prior to hiring that such employment may be 
21terminated on the basis of criminal background information 
22obtained by the facility.
23(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23.)

24 (225 ILCS 10/4.2a new)
25 Sec. 4.2a. License eligibility; Department of Early 
 
 
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1Childhood.
2 (a) No applicant may receive a license from the Department 
3of Early Childhood and no person may be employed by a licensed 
4child care facility who refuses to authorize an investigation 
5as required by Section 4.1.
6 (b) In addition to the other provisions of this Section, 
7no applicant may receive a license from the Department of 
8Early Childhood and no person may be employed by a child care 
9facility licensed by the Department of Early Childhood who has 
10been declared a sexually dangerous person under the Sexually 
11Dangerous Persons Act, or convicted of committing or 
12attempting to commit any of the following offenses stipulated 
13under the Criminal Code of 1961 or the Criminal Code of 2012:
14  (1) murder;
15  (1.1) solicitation of murder;
16  (1.2) solicitation of murder for hire;
17  (1.3) intentional homicide of an unborn child;
18  (1.4) voluntary manslaughter of an unborn child;
19  (1.5) involuntary manslaughter;
20  (1.6) reckless homicide;
21  (1.7) concealment of a homicidal death;
22  (1.8) involuntary manslaughter of an unborn child;
23  (1.9) reckless homicide of an unborn child;
24  (1.10) drug-induced homicide;
25  (2) a sex offense under Article 11, except offenses 
26 described in Sections 11-7, 11-8, 11-12, 11-13, 11-35, 
 
 
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1 11-40, and 11-45;
2  (3) kidnapping;
3  (3.1) aggravated unlawful restraint;
4  (3.2) forcible detention;
5  (3.3) harboring a runaway;
6  (3.4) aiding and abetting child abduction;
7  (4) aggravated kidnapping;
8  (5) child abduction;
9  (6) aggravated battery of a child as described in 
10 Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
11  (7) criminal sexual assault;
12  (8) aggravated criminal sexual assault;
13  (8.1) predatory criminal sexual assault of a child;
14  (9) criminal sexual abuse;
15  (10) aggravated sexual abuse;
16  (11) heinous battery as described in Section 12-4.1 or 
17 subdivision (a)(2) of Section 12-3.05;
18  (12) aggravated battery with a firearm as described in 
19 Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or 
20 (e)(4) of Section 12-3.05;
21  (13) tampering with food, drugs, or cosmetics;
22  (14) drug induced infliction of great bodily harm as 
23 described in Section 12-4.7 or subdivision (g)(1) of 
24 Section 12-3.05;
25  (15) hate crime;
26  (16) stalking;
 
 
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1  (17) aggravated stalking;
2  (18) threatening public officials;
3  (19) home invasion;
4  (20) vehicular invasion;
5  (21) criminal transmission of HIV;
6  (22) criminal abuse or neglect of an elderly person or 
7 person with a disability as described in Section 12-21 or 
8 subsection (e) of Section 12-4.4a;
9  (23) child abandonment;
10  (24) endangering the life or health of a child;
11  (25) ritual mutilation;
12  (26) ritualized abuse of a child;
13  (27) an offense in any other jurisdiction the elements 
14 of which are similar and bear a substantial relationship 
15 to any of the foregoing offenses.
16 (b-1) In addition to the other provisions of this Section, 
17beginning January 1, 2004, no new applicant and, on the date of 
18licensure renewal, no current licensee may operate or receive 
19a license from the Department of Early Childhood to operate, 
20no person may be employed by, and no adult person may reside in 
21a child care facility licensed by the Department of Early 
22Childhood who has been convicted of committing or attempting 
23to commit any of the following offenses or an offense in any 
24other jurisdiction the elements of which are similar and bear 
25a substantial relationship to any of the following offenses:

 
 
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1 (I) BODILY HARM
2  (1) Felony aggravated assault.
3  (2) Vehicular endangerment.
4  (3) Felony domestic battery.
5  (4) Aggravated battery.
6  (5) Heinous battery.
7  (6) Aggravated battery with a firearm.
8  (7) Aggravated battery of an unborn child.
9  (8) Aggravated battery of a senior citizen.
10  (9) Intimidation.
11  (10) Compelling organization membership of persons.
12  (11) Abuse and criminal neglect of a long term care 
13 facility resident.
14  (12) Felony violation of an order of protection.

15 (II) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY
16  (1) Felony unlawful use of weapons.
17  (2) Aggravated discharge of a firearm.
18  (3) Reckless discharge of a firearm.
19  (4) Unlawful use of metal piercing bullets.
20  (5) Unlawful sale or delivery of firearms on the 
21 premises of any school.
22  (6) Disarming a police officer.
23  (7) Obstructing justice.
24  (8) Concealing or aiding a fugitive.
25  (9) Armed violence.
 
 
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1  (10) Felony contributing to the criminal delinquency 
2 of a juvenile.

3 (III) DRUG OFFENSES
4  (1) Possession of more than 30 grams of cannabis.
5  (2) Manufacture of more than 10 grams of cannabis.
6  (3) Cannabis trafficking.
7  (4) Delivery of cannabis on school grounds.
8  (5) Unauthorized production of more than 5 cannabis 
9 sativa plants.
10  (6) Calculated criminal cannabis conspiracy.
11  (7) Unauthorized manufacture or delivery of controlled 
12 substances.
13  (8) Controlled substance trafficking.
14  (9) Manufacture, distribution, or advertisement of 
15 look-alike substances.
16  (10) Calculated criminal drug conspiracy.
17  (11) Street gang criminal drug conspiracy.
18  (12) Permitting unlawful use of a building.
19  (13) Delivery of controlled, counterfeit, or 
20 look-alike substances to persons under age 18, or at truck 
21 stops, rest stops, or safety rest areas, or on school 
22 property.
23  (14) Using, engaging, or employing persons under 18 to 
24 deliver controlled, counterfeit, or look-alike substances.
25  (15) Delivery of controlled substances.
 
 
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1  (16) Sale or delivery of drug paraphernalia.
2  (17) Felony possession, sale, or exchange of 
3 instruments adapted for use of a controlled substance, 
4 methamphetamine, or cannabis by subcutaneous injection.
5  (18) Felony possession of a controlled substance.
6  (19) Any violation of the Methamphetamine Control and 
7 Community Protection Act.
8 (b-1.5) In addition to any other provision of this 
9Section, for applicants with access to confidential financial 
10information or who submit documentation to support billing, 
11the Department of Early Childhood may, in its discretion, deny 
12or refuse to renew a license to an applicant who has been 
13convicted of committing or attempting to commit any of the 
14following felony offenses:
15  (1) financial institution fraud under Section 17-10.6 
16 of the Criminal Code of 1961 or the Criminal Code of 2012;
17  (2) identity theft under Section 16-30 of the Criminal 
18 Code of 1961 or the Criminal Code of 2012;
19  (3) financial exploitation of an elderly person or a 
20 person with a disability under Section 17-56 of the 
21 Criminal Code of 1961 or the Criminal Code of 2012;
22  (4) computer tampering under Section 17-51 of the 
23 Criminal Code of 1961 or the Criminal Code of 2012;
24  (5) aggravated computer tampering under Section 17-52 
25 of the Criminal Code of 1961 or the Criminal Code of 2012;
26  (6) computer fraud under Section 17-50 of the Criminal 
 
 
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1 Code of 1961 or the Criminal Code of 2012;
2  (7) deceptive practices under Section 17-1 of the 
3 Criminal Code of 1961 or the Criminal Code of 2012;
4  (8) forgery under Section 17-3 of the Criminal Code of 
5 1961 or the Criminal Code of 2012;
6  (9) State benefits fraud under Section 17-6 of the 
7 Criminal Code of 1961 or the Criminal Code of 2012;
8  (10) mail fraud and wire fraud under Section 17-24 of 
9 the Criminal Code of 1961 or the Criminal Code of 2012;
10  (11) theft under paragraphs (1.1) through (11) of 
11 subsection (b) of Section 16-1 of the Criminal Code of 
12 1961 or the Criminal Code of 2012.
13 (b-2) Notwithstanding subsection (b-1), the Department of 
14Early Childhood may make an exception and, for a day care 
15center, day care home, or group day care home, issue a new 
16child care facility license to or renew the existing child 
17care facility license of an applicant, a person employed by a 
18child care facility, or an applicant who has an adult residing 
19in a home child care facility who was convicted of an offense 
20described in subsection (b-1), provided that all of the 
21following requirements are met:
22  (1) The relevant criminal offense occurred more than 5 
23 years prior to the date of application or renewal, except 
24 for drug offenses. The relevant drug offense must have 
25 occurred more than 10 years prior to the date of 
26 application or renewal, unless the applicant passed a drug 
 
 
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1 test, arranged and paid for by the child care facility, no 
2 less than 5 years after the offense.
3  (2) The Department of Early Childhood must conduct a 
4 background check and assess all convictions and 
5 recommendations of the child care facility to determine if 
6 hiring or licensing the applicant is in accordance with 
7 Department of Early Childhood administrative rules and 
8 procedures.
9  (3) The applicant meets all other requirements and 
10 qualifications to be licensed as the pertinent type of 
11 child care facility under this Act and the Department of 
12 Early Childhood administrative rules.
13 (c) In evaluating the exception pursuant to subsection 
14(b-2), the Department of Early Childhood must carefully review 
15any relevant documents to determine whether the applicant, 
16despite the disqualifying convictions, poses a substantial 
17risk to State resources or clients. In making such a 
18determination, the following guidelines shall be used:
19  (1) the age of the applicant when the offense was 
20 committed;
21  (2) the circumstances surrounding the offense;
22  (3) the length of time since the conviction;
23  (4) the specific duties and responsibilities 
24 necessarily related to the license being applied for and 
25 the bearing, if any, that the applicant's conviction 
26 history may have on the applicant's fitness to perform 
 
 
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1 these duties and responsibilities;
2  (5) the applicant's employment references;
3  (6) the applicant's character references and any 
4 certificates of achievement;
5  (7) an academic transcript showing educational 
6 attainment since the disqualifying conviction;
7  (8) a Certificate of Relief from Disabilities or 
8 Certificate of Good Conduct; and
9  (9) anything else that speaks to the applicant's 
10 character.

11 (225 ILCS 10/4.3) (from Ch. 23, par. 2214.3)
12 Sec. 4.3. Child Abuse and Neglect Reports. All child care 
13facility license applicants (other than a day care center, day 
14care home, or group day care home) and all current and 
15prospective employees of a child care facility (other than a 
16day care center, day care home, or group day care home) who 
17have any possible contact with children in the course of their 
18duties, as a condition of such licensure or employment, shall 
19authorize in writing on a form prescribed by the Department an 
20investigation of the Central Register, as defined in the 
21Abused and Neglected Child Reporting Act, to ascertain if such 
22applicant or employee has been determined to be a perpetrator 
23in an indicated report of child abuse or neglect.
24 All child care facilities (other than a day care center, 
25day care home, or group day care home) as a condition of 
 
 
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1licensure pursuant to this Act shall maintain such information 
2which demonstrates that all current employees and other 
3applicants for employment who have any possible contact with 
4children in the course of their duties have authorized an 
5investigation of the Central Register as hereinabove required. 
6Only those current or prospective employees who will have no 
7possible contact with children as part of their present or 
8prospective employment may be excluded from provisions 
9requiring authorization of an investigation.
10 Such information concerning a license applicant, employee 
11or prospective employee obtained by the Department shall be 
12confidential and exempt from public inspection and copying as 
13provided under Section 7 of The Freedom of Information Act, 
14and such information shall not be transmitted outside the 
15Department, except as provided in the Abused and Neglected 
16Child Reporting Act, and shall not be transmitted to anyone 
17within the Department except as provided in the Abused and 
18Neglected Child Reporting Act, and shall not be transmitted to 
19anyone within the Department except as needed for the purposes 
20of evaluation of an application for licensure or for 
21consideration by a child care facility of an employee. Any 
22employee of the Department of Children and Family Services 
23under this Section who gives or causes to be given any 
24confidential information concerning any child abuse or neglect 
25reports about a child care facility applicant, child care 
26facility employee, shall be guilty of a Class A misdemeanor, 
 
 
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1unless release of such information is authorized by Section 
211.1 of the Abused and Neglected Child Reporting Act.
3 Additionally, any licensee who is informed by the 
4Department of Children and Family Services, pursuant to 
5Section 7.4 of the Abused and Neglected Child Reporting Act, 
6approved June 26, 1975, as amended, that a formal 
7investigation has commenced relating to an employee of the 
8child care facility or any other person in frequent contact 
9with children at the facility, shall take reasonable action 
10necessary to insure that the employee or other person is 
11restricted during the pendency of the investigation from 
12contact with children whose care has been entrusted to the 
13facility.
14 When a foster family home is the subject of an indicated 
15report under the Abused and Neglected Child Reporting Act, the 
16Department of Children and Family Services must immediately 
17conduct a re-examination of the foster family home to evaluate 
18whether it continues to meet the minimum standards for 
19licensure. The re-examination is separate and apart from the 
20formal investigation of the report. The Department must 
21establish a schedule for re-examination of the foster family 
22home mentioned in the report at least once a year.
23(Source: P.A. 91-557, eff. 1-1-00.)

24 (225 ILCS 10/4.3a new)
25 Sec. 4.3a. Child Abuse and Neglect Reports; Department of 
 
 
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1Early Childhood. All child care facility license applicants 
2and all current and prospective employees of a day care 
3center, day care home, or group day care home who have any 
4possible contact with children in the course of their duties, 
5as a condition of such licensure or employment, shall 
6authorize in writing on a form prescribed by the Department of 
7Early Childhood an investigation of the Central Register, as 
8defined in the Abused and Neglected Child Reporting Act, to 
9ascertain if such applicant or employee has been determined to 
10be a perpetrator in an indicated report of child abuse or 
11neglect. All child care facilities as a condition of licensure 
12pursuant to this Act shall maintain such information which 
13demonstrates that all current employees and other applicants 
14for employment who have any possible contact with children in 
15the course of their duties have authorized an investigation of 
16the Central Register as hereinabove required. Only those 
17current or prospective employees who will have no possible 
18contact with children as part of their present or prospective 
19employment may be excluded from provisions requiring 
20authorization of an investigation. Such information concerning 
21a license applicant, employee or prospective employee obtained 
22by the Department of Early Childhood shall be confidential and 
23exempt from public inspection and copying as provided under 
24Section 7 of The Freedom of Information Act, and such 
25information shall not be transmitted outside the Department of 
26Early Childhood, except as provided in the Abused and 
 
 
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1Neglected Child Reporting Act, and shall not be transmitted to 
2anyone within the Department of Early Childhood except as 
3provided in the Abused and Neglected Child Reporting Act, and 
4shall not be transmitted to anyone within the Department of 
5Early Childhood except as needed for the purposes of 
6evaluation of an application for licensure or for 
7consideration by a child care facility of an employee. Any 
8employee of the Department of Early Childhood under this 
9Section who gives or causes to be given any confidential 
10information concerning any child abuse or neglect reports 
11about a child care facility applicant or child care facility 
12employee shall be guilty of a Class A misdemeanor, unless 
13release of such information is authorized by Section 11.1 of 
14the Abused and Neglected Child Reporting Act. Additionally, 
15any licensee who is informed by the Department of Children and 
16Family Services, pursuant to Section 7.4 of the Abused and 
17Neglected Child Reporting Act that a formal investigation has 
18commenced relating to an employee of the child care facility 
19or any other person in frequent contact with children at the 
20facility shall take reasonable action necessary to ensure that 
21the employee or other person is restricted during the pendency 
22of the investigation from contact with children whose care has 
23been entrusted to the facility.

24 (225 ILCS 10/4.4) (from Ch. 23, par. 2214.4)
25 Sec. 4.4. This Section does not apply to any day care 
 
 
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1center, day care home, or group day care home. For the purposes 
2of background investigations authorized in this Act, "license 
3applicant" means the operator or person with direct 
4responsibility for daily operation of the facility to be 
5licensed. In the case of facilities to be operated in a family 
6home, the Department may, by rule, require that other adult 
7residents of that home also authorize such investigations with 
8the exception of day care homes and group day care homes.
9(Source: P.A. 84-158.)

10 (225 ILCS 10/4.4a new)
11 Sec. 4.4a. Background investigations; Department of Early 
12Childhood. For the purposes of background investigations 
13authorized in this Act, "license applicant" means the operator 
14or person with direct responsibility for daily operation of 
15the day care center, day care home, or group day care home to 
16be licensed. In the case of facilities to be operated in a 
17family home, as related to day care homes and group day care 
18homes, the Department of Early Childhood may, by rule, require 
19that other adult residents of that home also authorize such 
20investigations.

21 (225 ILCS 10/4.5)
22 Sec. 4.5. Children with disabilities; training. 
23 (a) An owner or operator of a licensed day care home or 
24group day care home or the onsite executive director of a 
 
 
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1licensed day care center must successfully complete a basic 
2training course in providing care to children with 
3disabilities. The basic training course will also be made 
4available on a voluntary basis to those providers who are 
5exempt from the licensure requirements of this Act.
6 (b) The Department of Early Childhood Children and Family 
7Services shall promulgate rules establishing the requirements 
8for basic training in providing care to children with 
9disabilities.
10(Source: P.A. 92-164, eff. 1-1-02.)

11 (225 ILCS 10/5) (from Ch. 23, par. 2215)
12 Sec. 5. (a) This Section does not apply to any day care 
13center, day care home, or group day care home. 
14 In respect to child care institutions, maternity centers, 
15child welfare agencies, day care centers, day care agencies 
16and group homes, the Department, upon receiving application 
17filed in proper order, shall examine the facilities and 
18persons responsible for care of children therein.
19 (b) In respect to foster family and day care homes, 
20applications may be filed on behalf of such homes by a licensed 
21child welfare agency, by a State agency authorized to place 
22children in foster care or by out-of-State agencies approved 
23by the Department to place children in this State. In respect 
24to day care homes, applications may be filed on behalf of such 
25homes by a licensed day care agency or licensed child welfare 
 
 
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1agency. In applying for license in behalf of a home in which 
2children are placed by and remain under supervision of the 
3applicant agency, such agency shall certify that the home and 
4persons responsible for care of unrelated children therein, or 
5the home and relatives, as defined in Section 2.17 of this Act, 
6responsible for the care of related children therein, were 
7found to be in reasonable compliance with standards prescribed 
8by the Department for the type of care indicated.
9 (c) The Department shall not allow any person to examine 
10facilities under a provision of this Act who has not passed an 
11examination demonstrating that such person is familiar with 
12this Act and with the appropriate standards and regulations of 
13the Department.
14 (d) Licenses With the exception of day care centers, day 
15care homes, and group day care homes, licenses shall be issued 
16in such form and manner as prescribed by the Department and are 
17valid for 4 years from the date issued, unless revoked by the 
18Department or voluntarily surrendered by the licensee. 
19Licenses issued for day care centers, day care homes, and 
20group day care homes shall be valid for 3 years from the date 
21issued, unless revoked by the Department or voluntarily 
22surrendered by the licensee. When a licensee has made timely 
23and sufficient application for the renewal of a license or a 
24new license with reference to any activity of a continuing 
25nature, the existing license shall continue in full force and 
26effect for up to 30 days until the final agency decision on the 
 
 
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1application has been made. The Department may further extend 
2the period in which such decision must be made in individual 
3cases for up to 30 days, but such extensions shall be only upon 
4good cause shown.
5 (e) The Department may issue one 6-month permit to a newly 
6established facility for child care to allow that facility 
7reasonable time to become eligible for a full license. If the 
8facility for child care is a foster family home, or day care 
9home the Department may issue one 2-month permit only.
10 (f) The Department may issue an emergency permit to a 
11child care facility taking in children as a result of the 
12temporary closure for more than 2 weeks of a licensed child 
13care facility due to a natural disaster. An emergency permit 
14under this subsection shall be issued to a facility only if the 
15persons providing child care services at the facility were 
16employees of the temporarily closed facility day care center 
17at the time it was closed. No investigation of an employee of a 
18child care facility receiving an emergency permit under this 
19subsection shall be required if that employee has previously 
20been investigated at another child care facility. No emergency 
21permit issued under this subsection shall be valid for more 
22than 90 days after the date of issuance.
23 (g) During the hours of operation of any licensed child 
24care facility, authorized representatives of the Department 
25may without notice visit the facility for the purpose of 
26determining its continuing compliance with this Act or 
 
 
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1regulations adopted pursuant thereto.
2 (h) (Blank) Day care centers, day care homes, and group 
3day care homes shall be monitored at least annually by a 
4licensing representative from the Department or the agency 
5that recommended licensure.
6(Source: P.A. 98-804, eff. 1-1-15.)

7 (225 ILCS 10/5.01 new)
8 Sec. 5.01. Licenses; permits; Department of Early 
9Childhood. In respect to day care centers, the Department of 
10Early Childhood, upon receiving application filed in proper 
11order, shall examine the facilities and persons responsible 
12for care of children therein.
13 (b) In respect to day care homes, applications may be 
14filed on behalf of such homes by the Department of Early 
15Childhood.
16 (c) The Department of Early Childhood shall not allow any 
17person to examine facilities under a provision of this Act who 
18has not passed an examination demonstrating that such person 
19is familiar with this Act and with the appropriate standards 
20and regulations of the Department of Early Childhood.
21 (d) Licenses issued for day care centers, day care homes, 
22and group day care homes shall be valid for 3 years from the 
23date issued, unless revoked by the Department of Early 
24Childhood or voluntarily surrendered by the licensee. When a 
25licensee has made timely and sufficient application for the 
 
 
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1renewal of a license or a new license with reference to any 
2activity of a continuing nature, the existing license shall 
3continue in full force and effect for up to 30 days until the 
4final agency decision on the application has been made. The 
5Department of Early Childhood may further extend the period in 
6which such decision must be made in individual cases for up to 
730 days, but such extensions shall be only upon good cause 
8shown.
9 (e) The Department of Early Childhood may issue one 
106-month permit to a newly established facility for child care 
11to allow that facility reasonable time to become eligible for 
12a full license. If the facility for child care is a day care 
13home the Department of Early Childhood may issue one 2-month 
14permit only.
15 (f) The Department of Early Childhood may issue an 
16emergency permit to a day care center taking in children as a 
17result of the temporary closure for more than 2 weeks of a 
18licensed child care facility due to a natural disaster. An 
19emergency permit under this subsection shall be issued to a 
20facility only if the persons providing child care services at 
21the facility were employees of the temporarily closed day care 
22center at the time it was closed. No investigation of an 
23employee of a child care facility receiving an emergency 
24permit under this subsection shall be required if that 
25employee has previously been investigated at another child 
26care facility. No emergency permit issued under this 
 
 
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1subsection shall be valid for more than 90 days after the date 
2of issuance.
3 (g) During the hours of operation of any licensed day care 
4center, day care home, or group day care home, authorized 
5representatives of the Department of Early Childhood may 
6without notice visit the facility for the purpose of 
7determining its continuing compliance with this Act or rules 
8adopted pursuant thereto.
9 (h) Day care centers, day care homes, and group day care 
10homes shall be monitored at least annually by a licensing 
11representative from the Department of Early Childhood that 
12recommended licensure.

13 (225 ILCS 10/5.1) (from Ch. 23, par. 2215.1)
14 Sec. 5.1. (a) The Department shall ensure that no day care 
15center, group home or child care institution as defined in 
16this Act shall on a regular basis transport a child or children 
17with any motor vehicle unless such vehicle is operated by a 
18person who complies with the following requirements:
19  1. is 21 years of age or older;
20  2. currently holds a valid driver's license, which has 
21 not been revoked or suspended for one or more traffic 
22 violations during the 3 years immediately prior to the 
23 date of application;
24  3. demonstrates physical fitness to operate vehicles 
25 by submitting the results of a medical examination 
 
 
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1 conducted by a licensed physician;
2  4. has not been convicted of more than 2 offenses 
3 against traffic regulations governing the movement of 
4 vehicles within a 12-month twelve month period;
5  5. has not been convicted of reckless driving or 
6 driving under the influence or manslaughter or reckless 
7 homicide resulting from the operation of a motor vehicle 
8 within the past 3 years;
9  6. has signed and submitted a written statement 
10 certifying that the person has not, through the unlawful 
11 operation of a motor vehicle, caused a crash which 
12 resulted in the death of any person within the 5 years 
13 immediately prior to the date of application.
14 However, such day care centers, group homes and child care 
15institutions may provide for transportation of a child or 
16children for special outings, functions, or purposes that are 
17not scheduled on a regular basis without verification that 
18drivers for such purposes meet the requirements of this 
19Section.
20 (a-5) As a means of ensuring compliance with the 
21requirements set forth in subsection (a), the Department shall 
22implement appropriate measures to verify that every individual 
23who is employed at a group home or child care institution meets 
24those requirements.
25 For every person employed at a group home or child care 
26institution who regularly transports children in the course of 
 
 
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1performing the person's duties, the Department must make the 
2verification every 2 years. Upon the Department's request, the 
3Secretary of State shall provide the Department with the 
4information necessary to enable the Department to make the 
5verifications required under subsection (a).
6 In the case of an individual employed at a group home or 
7child care institution who becomes subject to subsection (a) 
8for the first time after January 1, 2007 (the effective date of 
9Public Act 94-943) this amendatory Act of the 94th General 
10Assembly, the Department must make that verification with the 
11Secretary of State before the individual operates a motor 
12vehicle to transport a child or children under the 
13circumstances described in subsection (a).
14 In the case of an individual employed at a group home or 
15child care institution who is subject to subsection (a) on 
16January 1, 2007 (the effective date of Public Act 94-943) this 
17amendatory Act of the 94th General Assembly, the Department 
18must make that verification with the Secretary of State within 
1930 days after January 1, 2007 that effective date.
20 If the Department discovers that an individual fails to 
21meet the requirements set forth in subsection (a), the 
22Department shall promptly notify the appropriate group home or 
23child care institution. 
24 (b) Any individual who holds a valid Illinois school bus 
25driver permit issued by the Secretary of State pursuant to the 
26The Illinois Vehicle Code, and who is currently employed by a 
 
 
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1school district or parochial school, or by a contractor with a 
2school district or parochial school, to drive a school bus 
3transporting children to and from school, shall be deemed in 
4compliance with the requirements of subsection (a).
5 (c) The Department may, pursuant to Section 8 of this Act, 
6revoke the license of any day care center, group home or child 
7care institution that fails to meet the requirements of this 
8Section.
9 (d) A group home or child care institution that fails to 
10meet the requirements of this Section is guilty of a petty 
11offense and is subject to a fine of not more than $1,000. Each 
12day that a group home or child care institution fails to meet 
13the requirements of this Section is a separate offense. 
14(Source: P.A. 102-982, eff. 7-1-23; 103-22, eff. 8-8-23; 
15revised 9-21-23.)

16 (225 ILCS 10/5.1a new)
17 Sec. 5.1a. Transportation of children; day care centers.
18 The Department of Early Childhood shall ensure that no day 
19care center shall on a regular basis transport a child or 
20children with any motor vehicle unless such vehicle is 
21operated by a person who complies with the following 
22requirements:
23  (1) is 21 years of age or older;
24  (2) currently holds a valid driver's license, which 
25 has not been revoked or suspended for one or more traffic 
 
 
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1 violations during the 3 years immediately prior to the 
2 date of application;
3  (3) demonstrates physical fitness to operate vehicles 
4 by submitting the results of a medical examination 
5 conducted by a licensed physician;
6  (4) has not been convicted of more than 2 offenses 
7 against traffic regulations governing the movement of 
8 vehicles within a 12-month period;
9  (5) has not been convicted of reckless driving or 
10 driving under the influence or manslaughter or reckless 
11 homicide resulting from the operation of a motor vehicle 
12 within the past 3 years;
13  (6) has signed and submitted a written statement 
14 certifying that the person has not, through the unlawful 
15 operation of a motor vehicle, caused a crash which 
16 resulted in the death of any person within the 5 years 
17 immediately prior to the date of application.
18 However, such day care centers may provide for 
19transportation of a child or children for special outings, 
20functions or purposes that are not scheduled on a regular 
21basis without verification that drivers for such purposes meet 
22the requirements of this Section.
23 (b) Any individual who holds a valid Illinois school bus 
24driver permit issued by the Secretary of State pursuant to the 
25Illinois Vehicle Code, and who is currently employed by a 
26school district or parochial school, or by a contractor with a 
 
 
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1school district or parochial school, to drive a school bus 
2transporting children to and from school, shall be deemed in 
3compliance with the requirements of subsection (a).
4 (c) The Department of Early Childhood may, pursuant to 
5Section 8a of this Act, revoke the license of any day care 
6center that fails to meet the requirements of this Section.

7 (225 ILCS 10/5.2)
8 Sec. 5.2. Unsafe children's products; Department of 
9Children and Family Services. 
10 (a) A child care facility may not use or have on the 
11premises, on or after July 1, 2000, an unsafe children's 
12product as described in Section 15 of the Children's Product 
13Safety Act. This subsection (a) does not apply to an antique or 
14collectible children's product if it is not used by, or 
15accessible to, any child in the child care facility.
16 (b) The Department of Children and Family Services shall 
17notify child care facilities (other than a day care center, 
18day care home, or group day care home), on an ongoing basis, 
19including during the license application facility examination 
20and during annual license monitoring visits, of the provisions 
21of this Section and the Children's Product Safety Act and of 
22the comprehensive list of unsafe children's products as 
23provided and maintained by the Department of Public Health 
24available on the Internet, as determined in accordance with 
25that Act, in plain, non-technical language that will enable 
 
 
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1each child care facility to effectively inspect children's 
2products and identify unsafe children's products. Subject to 
3availability of appropriations, the Department of Children and 
4Family Services, in accordance with the requirements of this 
5Section, shall establish and maintain a database on the safety 
6of consumer products and other products or substances 
7regulated by the Department that is: (i) publicly available; 
8(ii) searchable; and (iii) accessible through the Internet 
9website of the Department. Child care facilities must maintain 
10all written information provided pursuant to this subsection 
11in a file accessible to both facility staff and parents of 
12children attending the facility. Child care facilities must 
13post in prominent locations regularly visited by parents 
14written notification of the existence of the comprehensive 
15list of unsafe children's products available on the Internet. 
16The Department of Children and Family Services shall adopt 
17rules to carry out this Section.
18(Source: P.A. 103-44, eff. 1-1-24.)

19 (225 ILCS 10/5.2a new)
20 Sec. 5.2a. Unsafe children's products; Department of Early 
21Childhood.
22 (a) A day care center, day care home, or group day care 
23home may not use or have on the premises an unsafe children's 
24product as described in Section 15 of the Children's Product 
25Safety Act. This subsection (a) does not apply to an antique or 
 
 
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1collectible children's product if it is not used by, or 
2accessible to, any child in the day care center, day care home, 
3or group day care home.
4 (b) The Department of Early Childhood shall notify day 
5care centers, day care homes, and group day care homes, on an 
6ongoing basis, including during the license application 
7facility examination and during annual license monitoring 
8visits, of the provisions of this Section and the Children's 
9Product Safety Act and of the comprehensive list of unsafe 
10children's products as provided and maintained by the 
11Department of Public Health available on the Internet, as 
12determined in accordance with that Act, in plain, 
13non-technical language that will enable each child care 
14facility to effectively inspect children's products and 
15identify unsafe children's products. Subject to availability 
16of appropriations, the Department of Early Childhood, in 
17accordance with the requirements of this Section, shall 
18establish and maintain a database on the safety of consumer 
19products and other products or substances regulated by the 
20Department of Early Childhood that is: (i) publicly available; 
21(ii) searchable; and (iii) accessible through the Internet 
22website of the Department of Early Childhood. Child care 
23facilities must maintain all written information provided 
24pursuant to this subsection in a file accessible to both 
25facility staff and parents of children attending the facility. 
26Day care centers, day care homes, and group day care homes must 
 
 
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1post in prominent locations regularly visited by parents 
2written notification of the existence of the comprehensive 
3list of unsafe children's products available on the Internet. 
4The Department of Early Childhood shall adopt rules to carry 
5out this Section. 

6 (225 ILCS 10/5.8)
7 Sec. 5.8. Radon testing of licensed day care centers, 
8licensed day care homes, and licensed group day care homes.
9 (a) Licensed Effective January 1, 2013, licensed day care 
10centers, licensed day care homes, and licensed group day care 
11homes shall have the facility tested for radon at least once 
12every 3 years pursuant to rules established by the Illinois 
13Emergency Management Agency.
14 (b) As Effective January 1, 2014, as part of an initial 
15application or application for renewal of a license for day 
16care centers, day care homes, and group day care homes, the 
17Department of Early Childhood shall require proof the facility 
18has been tested within the last 3 years for radon pursuant to 
19rules established by the Illinois Emergency Management Agency. 
20 (c) The report of the most current radon measurement shall 
21be posted in the facility next to the license issued by the 
22Department of Early Childhood. Copies of the report shall be 
23provided to parents or guardians upon request. 
24 (d) Included with the report referenced in subsection (c) 
25shall be the following statement:
 
 
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1  "Every parent or guardian is notified that this 
2 facility has performed radon measurements to ensure the 
3 health and safety of the occupants. The Illinois Emergency 
4 Management Agency (IEMA) recommends that all residential 
5 homes be tested and that corrective actions be taken at 
6 levels equal to or greater than 4.0 pCi/L. Radon is a Class 
7 A human carcinogen, the leading cause of lung cancer in 
8 non-smokers, and the second leading cause of lung cancer 
9 overall. For additional information about this facility 
10 contact the licensee and for additional information 
11 regarding radon contact the IEMA Radon Program at 
12 800-325-1245 or on the Internet at 
13 www.radon.illinois.gov.". 
14(Source: P.A. 97-981, eff. 1-1-13.)

15 (225 ILCS 10/5.9)
16 Sec. 5.9. Lead testing of water in licensed day care 
17centers, day care homes and group day care homes.
18 (a) The On or before January 1, 2018, the Department of 
19Early Childhood, in consultation with the Department of Public 
20Health, shall adopt rules that prescribe the procedures and 
21standards to be used by the Department of Early Childhood in 
22assessing levels of lead in water in licensed day care 
23centers, day care homes, and group day care homes constructed 
24on or before January 1, 2000 that serve children under the age 
25of 6. Such rules shall, at a minimum, include provisions 
 
 
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1regarding testing parameters, the notification of sampling 
2results, training requirements for lead exposure and 
3mitigation.
4 (b) After adoption of the rules required by subsection 
5(a), and as part of an initial application or application for 
6renewal of a license for day care centers, day care homes, and 
7group day care homes, the Department shall require proof that 
8the applicant has complied with all such rules. 
9(Source: P.A. 99-922, eff. 1-17-17.)

10 (225 ILCS 10/5.10)
11 Sec. 5.10. Child care limitation on expulsions. Consistent 
12with the purposes of Public Act 100-105 this amendatory Act of 
13the 100th General Assembly and the requirements therein under 
14paragraph (7) of subsection (a) of Section 2-3.71 of the 
15School Code, the Department of Early Childhood, in 
16consultation with the Governor's Office of Early Childhood 
17Development and the State Board of Education, shall adopt 
18rules prohibiting the use of expulsion due to a child's 
19persistent and serious challenging behaviors in licensed day 
20care centers, day care homes, and group day care homes. The 
21rulemaking shall address, at a minimum, requirements for 
22licensees to establish intervention and transition policies, 
23notify parents of policies, document intervention steps, and 
24collect and report data on children transitioning out of the 
25program.
 
 
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1(Source: P.A. 100-105, eff. 1-1-18.)

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

22 (225 ILCS 10/6) (from Ch. 23, par. 2216)
23 Sec. 6. (a) A licensed facility operating as a "child care 
24institution", "maternity center", or "child welfare agency", 
 
 
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1"day care agency" or "day care center" must apply for renewal 
2of its license held, the application to be made to the 
3Department on forms prescribed by it.
4 (b) The Department, a duly licensed child welfare agency 
5or a suitable agency or person designated by the Department as 
6its agent to do so, must re-examine every child care facility 
7for renewal of license, including in that process the 
8examination of the premises and records of the facility as the 
9Department considers necessary to determine that minimum 
10standards for licensing continue to be met, and random surveys 
11of parents or legal guardians who are consumers of such 
12facilities' services to assess the quality of care at such 
13facilities. In the case of foster family homes, or day care 
14homes under the supervision of or otherwise required to be 
15licensed by the Department, or under supervision of a licensed 
16child welfare agency or day care agency, the examination shall 
17be made by the Department, or agency supervising such homes. 
18If the Department is satisfied that the facility continues to 
19maintain minimum standards which it prescribes and publishes, 
20it shall renew the license to operate the facility.
21 (b-5) In the case of a quality of care concerns applicant 
22as defined in Section 2.22a of this Act, in addition to the 
23examination required in subsection (b) of this Section, the 
24Department shall not renew the license of a quality of care 
25concerns applicant unless the Department is satisfied that the 
26foster family home does not pose a risk to children and that 
 
 
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1the foster family home will be able to meet the physical and 
2emotional needs of children. In making this determination, the 
3Department must obtain and carefully review all relevant 
4documents and shall obtain consultation from its Clinical 
5Division as appropriate and as prescribed by Department rule 
6and procedure. The Department has the authority to deny an 
7application for renewal based on a record of quality of care 
8concerns. In the alternative, the Department may (i) approve 
9the application for renewal subject to obtaining additional 
10information or assessments, (ii) approve the application for 
11renewal for purposes of placing or maintaining only a 
12particular child or children only in the foster home, or (iii) 
13approve the application for renewal. The Department shall 
14notify the quality of care concerns applicant of its decision 
15and the basis for its decision in writing. 
16 (c) If a child care facility's (other than a day care 
17center, day care home, or group day care home) license, other 
18than a license for a foster family home, is revoked, or if the 
19Department refuses to renew a facility's license, the facility 
20may not reapply for a license before the expiration of 12 
21months following the Department's action; provided, however, 
22that the denial of a reapplication for a license pursuant to 
23this subsection must be supported by evidence that the prior 
24revocation renders the applicant unqualified or incapable of 
25satisfying the standards and rules promulgated by the 
26Department pursuant to this Act or maintaining a facility 
 
 
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1which adheres to such standards and rules.
2 (d) If a foster family home license (i) is revoked, (ii) is 
3surrendered for cause, or (iii) expires or is surrendered with 
4either certain types of involuntary placement holds in place 
5or while a licensing or child abuse or neglect investigation 
6is pending, or if the Department refuses to renew a foster home 
7license, the foster home may not reapply for a license before 
8the expiration of 5 years following the Department's action or 
9following the expiration or surrender of the license. 
10(Source: P.A. 99-779, eff. 1-1-17.)

11 (225 ILCS 10/6.1 new)
12 Sec. 6.1. License renewal; Department of Early Childhood.
13 (a) A licensed facility operating as a day care center 
14must apply for renewal of its license held, the application to 
15be made to the Department of Early Childhood on forms 
16prescribed by it.
17 (b) The Department of Early Childhood must re-examine 
18every day care center, day care home, and group day care home 
19for renewal of license, including in that process the 
20examination of the premises and records of the facility as the 
21Department of Early Childhood considers necessary to determine 
22that minimum standards for licensing continue to be met, and 
23random surveys of parents or legal guardians who are consumers 
24of such facilities' services to assess the quality of care at 
25such facilities. In the case of day care homes under the 
 
 
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1supervision of or otherwise required to be licensed by the 
2Department of Early Childhood, the examination shall be made 
3by the Department of Early Childhood. If the Department of 
4Early Childhood is satisfied that the facility continues to 
5maintain minimum standards which it prescribes and publishes, 
6it shall renew the license to operate the facility.
7 (c) If a day care center's, day care home's, or group day 
8care home's license is revoked, or if the Department of Early 
9Childhood refuses to renew a day care center's, day care 
10home's, or group day care home's license, the facility may not 
11reapply for a license before the expiration of 12 months 
12following the Department of Early Childhood's action; 
13provided, however, that the denial of a reapplication for a 
14license pursuant to this subsection must be supported by 
15evidence that the prior revocation renders the applicant 
16unqualified or incapable of satisfying the standards and rules 
17promulgated by the Department of Early Childhood pursuant to 
18this Act or maintaining a facility which adheres to such 
19standards and rules. 

20 (225 ILCS 10/7) (from Ch. 23, par. 2217)
21 Sec. 7. (a) The Department must prescribe and publish 
22minimum standards for licensing that apply to the various 
23types of facilities for child care defined in this Act (other 
24than a day care center, day care home, or group day care home) 
25and that are equally applicable to like institutions under the 
 
 
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1control of the Department and to foster family homes used by 
2and under the direct supervision of the Department. The 
3Department shall seek the advice and assistance of persons 
4representative of the various types of child care facilities 
5in establishing such standards. The standards prescribed and 
6published under this Act take effect as provided in the 
7Illinois Administrative Procedure Act, and are restricted to 
8regulations pertaining to the following matters and to any 
9rules and regulations required or permitted by any other 
10Section of this Act:
11  (1) The operation and conduct of the facility and 
12 responsibility it assumes for child care;
13  (2) The character, suitability and qualifications of 
14 the applicant and other persons directly responsible for 
15 the care and welfare of children served. All child day 
16 care center licensees and employees who are required to 
17 report child abuse or neglect under the Abused and 
18 Neglected Child Reporting Act shall be required to attend 
19 training on recognizing child abuse and neglect, as 
20 prescribed by Department rules;
21  (3) The general financial ability and competence of 
22 the applicant to provide necessary care for children and 
23 to maintain prescribed standards;
24  (4) The number of individuals or staff required to 
25 insure adequate supervision and care of the children 
26 received. The standards shall provide that each child care 
 
 
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1 institution, maternity center, and day care center, group 
2 home, day care home, and group day care home shall have on 
3 its premises during its hours of operation at least one 
4 staff member certified in first aid, in the Heimlich 
5 maneuver and in cardiopulmonary resuscitation by the 
6 American Red Cross or other organization approved by rule 
7 of the Department. Child welfare agencies shall not be 
8 subject to such a staffing requirement. The Department may 
9 offer, or arrange for the offering, on a periodic basis in 
10 each community in this State in cooperation with the 
11 American Red Cross, the American Heart Association or 
12 other appropriate organization, voluntary programs to 
13 train operators of foster family homes and day care homes 
14 in first aid and cardiopulmonary resuscitation;
15  (5) The appropriateness, safety, cleanliness, and 
16 general adequacy of the premises, including maintenance of 
17 adequate fire prevention and health standards conforming 
18 to State laws and municipal codes to provide for the 
19 physical comfort, care, and well-being of children 
20 received;
21  (6) Provisions for food, clothing, educational 
22 opportunities, program, equipment and individual supplies 
23 to assure the healthy physical, mental, and spiritual 
24 development of children served;
25  (7) Provisions to safeguard the legal rights of 
26 children served;
 
 
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1  (8) Maintenance of records pertaining to the 
2 admission, progress, health, and discharge of children, 
3 including, for day care centers and day care homes, 
4 records indicating each child has been immunized as 
5 required by State regulations. The Department shall 
6 require proof that children enrolled in a facility (other 
7 than a day care center, day care home, or group day care 
8 home) have been immunized against Haemophilus Influenzae B 
9 (HIB);
10  (9) Filing of reports with the Department;
11  (10) Discipline of children;
12  (11) Protection and fostering of the particular 
13 religious faith of the children served;
14  (12) (Blank)  Provisions prohibiting firearms on day 
15 care center premises except in the possession of peace 
16 officers;
17  (13) (Blank) Provisions prohibiting handguns on day 
18 care home premises except in the possession of peace 
19 officers or other adults who must possess a handgun as a 
20 condition of employment and who reside on the premises of 
21 a day care home;
22  (14) (Blank) Provisions requiring that any firearm 
23 permitted on day care home premises, except handguns in 
24 the possession of peace officers, shall be kept in a 
25 disassembled state, without ammunition, in locked storage, 
26 inaccessible to children and that ammunition permitted on 
 
 
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1 day care home premises shall be kept in locked storage 
2 separate from that of disassembled firearms, inaccessible 
3 to children;
4  (15) (Blank) Provisions requiring notification of 
5 parents or guardians enrolling children at a day care home 
6 of the presence in the day care home of any firearms and 
7 ammunition and of the arrangements for the separate, 
8 locked storage of such firearms and ammunition;
9  (16) Provisions requiring all licensed child care 
10 facility employees who care for newborns and infants to 
11 complete training every 3 years on the nature of sudden 
12 unexpected infant death (SUID), sudden infant death 
13 syndrome (SIDS), and the safe sleep recommendations of the 
14 American Academy of Pediatrics (other than employees of a 
15 day care center, day care home, or group day care home); 
16 and 
17  (17) With respect to foster family homes, provisions 
18 requiring the Department to review quality of care 
19 concerns and to consider those concerns in determining 
20 whether a foster family home is qualified to care for 
21 children. 
22 By July 1, 2022, all licensed day care home providers, 
23licensed group day care home providers, and licensed day care 
24center directors and classroom staff shall participate in at 
25least one training that includes the topics of early childhood 
26social emotional learning, infant and early childhood mental 
 
 
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1health, early childhood trauma, or adverse childhood 
2experiences. Current licensed providers, directors, and 
3classroom staff shall complete training by July 1, 2022 and 
4shall participate in training that includes the above topics 
5at least once every 3 years. 
6 (b) If, in a facility for general child care (other than a 
7day care center, day care home, or group day care home), there 
8are children diagnosed as mentally ill or children diagnosed 
9as having an intellectual or physical disability, who are 
10determined to be in need of special mental treatment or of 
11nursing care, or both mental treatment and nursing care, the 
12Department shall seek the advice and recommendation of the 
13Department of Human Services, the Department of Public Health, 
14or both Departments regarding the residential treatment and 
15nursing care provided by the institution.
16 (c) The Department shall investigate any person applying 
17to be licensed as a foster parent to determine whether there is 
18any evidence of current drug or alcohol abuse in the 
19prospective foster family. The Department shall not license a 
20person as a foster parent if drug or alcohol abuse has been 
21identified in the foster family or if a reasonable suspicion 
22of such abuse exists, except that the Department may grant a 
23foster parent license to an applicant identified with an 
24alcohol or drug problem if the applicant has successfully 
25participated in an alcohol or drug treatment program, 
26self-help group, or other suitable activities and if the 
 
 
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1Department determines that the foster family home can provide 
2a safe, appropriate environment and meet the physical and 
3emotional needs of children.
4 (d) The Department, in applying standards prescribed and 
5published, as herein provided, shall offer consultation 
6through employed staff or other qualified persons to assist 
7applicants and licensees (other than applicants and licensees 
8of a day care center, day care home, or group day care home) in 
9meeting and maintaining minimum requirements for a license and 
10to help them otherwise to achieve programs of excellence 
11related to the care of children served. Such consultation 
12shall include providing information concerning education and 
13training in early childhood development to providers of day 
14care home services. The Department may provide or arrange for 
15such education and training for those providers who request 
16such assistance (other than providers at a day care center, 
17day care home, or group day care home).
18 (e) The Department shall distribute copies of licensing 
19standards to all licensees and applicants for a license (other 
20than licensees and applicants of a day care center, day care 
21home, or group day care home). Each licensee or holder of a 
22permit shall distribute copies of the appropriate licensing 
23standards and any other information required by the Department 
24to child care facilities under its supervision. Each licensee 
25or holder of a permit shall maintain appropriate documentation 
26of the distribution of the standards. Such documentation shall 
 
 
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1be part of the records of the facility and subject to 
2inspection by authorized representatives of the Department.
3 (f) (Blank) The Department shall prepare summaries of day 
4care licensing standards. Each licensee or holder of a permit 
5for a day care facility shall distribute a copy of the 
6appropriate summary and any other information required by the 
7Department, to the legal guardian of each child cared for in 
8that facility at the time when the child is enrolled or 
9initially placed in the facility. The licensee or holder of a 
10permit for a day care facility shall secure appropriate 
11documentation of the distribution of the summary and brochure. 
12Such documentation shall be a part of the records of the 
13facility and subject to inspection by an authorized 
14representative of the Department.
15 (g) The Department shall distribute to each licensee and 
16holder of a permit copies of the licensing or permit standards 
17applicable to such person's facility (other than a day care 
18center, day care home, or group day care home). Each licensee 
19or holder of a permit shall make available by posting at all 
20times in a common or otherwise accessible area a complete and 
21current set of licensing standards in order that all employees 
22of the facility may have unrestricted access to such 
23standards. All employees of the facility shall have reviewed 
24the standards and any subsequent changes. Each licensee or 
25holder of a permit shall maintain appropriate documentation of 
26the current review of licensing standards by all employees. 
 
 
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1Such records shall be part of the records of the facility and 
2subject to inspection by authorized representatives of the 
3Department.
4 (h) Any standards (other than standards of a day care 
5center, day care home, or group day care home) involving 
6physical examinations, immunization, or medical treatment 
7shall include appropriate exemptions for children whose 
8parents object thereto on the grounds that they conflict with 
9the tenets and practices of a recognized church or religious 
10organization, of which the parent is an adherent or member, 
11and for children who should not be subjected to immunization 
12for clinical reasons.
13 (i) (Blank) The Department, in cooperation with the 
14Department of Public Health, shall work to increase 
15immunization awareness and participation among parents of 
16children enrolled in day care centers and day care homes by 
17publishing on the Department's website information about the 
18benefits of immunization against vaccine preventable diseases, 
19including influenza and pertussis. The information for vaccine 
20preventable diseases shall include the incidence and severity 
21of the diseases, the availability of vaccines, and the 
22importance of immunizing children and persons who frequently 
23have close contact with children. The website content shall be 
24reviewed annually in collaboration with the Department of 
25Public Health to reflect the most current recommendations of 
26the Advisory Committee on Immunization Practices (ACIP). The 
 
 
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1Department shall work with day care centers and day care homes 
2licensed under this Act to ensure that the information is 
3annually distributed to parents in August or September.
4 (j) (Blank) Any standard adopted by the Department that 
5requires an applicant for a license to operate a day care home 
6to include a copy of a high school diploma or equivalent 
7certificate with the person's application shall be deemed to 
8be satisfied if the applicant includes a copy of a high school 
9diploma or equivalent certificate or a copy of a degree from an 
10accredited institution of higher education or vocational 
11institution or equivalent certificate.
12(Source: P.A. 102-4, eff. 4-27-21; 103-22, eff. 8-8-23.)

13 (225 ILCS 10/7.01 new)
14 Sec. 7.01. Minimum standards for licensing; Department of 
15Early Childhood.
16 (a) The Department of Early Childhood must prescribe and 
17publish minimum standards for licensing that apply to day care 
18centers, day care homes, and group day care homes. The 
19Department of Early Childhood shall seek the advice and 
20assistance of persons representative of day care centers, day 
21care homes, and group day care homes in establishing such 
22standards. The standards prescribed and published under this 
23Act take effect as provided in the Illinois Administrative 
24Procedure Act, and are restricted to rules pertaining to the 
25following matters and to any rules required or permitted by 
 
 
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1any other Section of this Act:
2  (1) The operation and conduct of the facility and 
3 responsibility it assumes for child care;
4  (2) The character, suitability and qualifications of 
5 the applicant and other persons directly responsible for 
6 the care and welfare of children served. All child day 
7 care center licensees and employees who are required to 
8 report child abuse or neglect under the Abused and 
9 Neglected Child Reporting Act shall be required to attend 
10 training on recognizing child abuse and neglect, as 
11 prescribed by Department of Early Childhood rules;
12  (3) The general financial ability and competence of 
13 the applicant to provide necessary care for children and 
14 to maintain prescribed standards;
15  (4) The number of individuals or staff required to 
16 ensure adequate supervision and care of the children 
17 received. The standards shall provide that each day care 
18 center, day care home, and group day care home shall have 
19 on its premises during its hours of operation at least one 
20 staff member certified in first aid, in the Heimlich 
21 maneuver and in cardiopulmonary resuscitation by the 
22 American Red Cross or other organization approved by rule 
23 of the Department of Early Childhood. The Department of 
24 Early Childhood may offer, or arrange for the offering, on 
25 a periodic basis in each community in this State in 
26 cooperation with the American Red Cross, the American 
 
 
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1 Heart Association or other appropriate organization, 
2 voluntary programs to train operators of day care homes in 
3 first aid and cardiopulmonary resuscitation;
4  (5) The appropriateness, safety, cleanliness, and 
5 general adequacy of the premises, including maintenance of 
6 adequate fire prevention and health standards conforming 
7 to State laws and municipal codes to provide for the 
8 physical comfort, care, and well-being of children 
9 received;
10  (6) Provisions for food, clothing, educational 
11 opportunities, program, equipment and individual supplies 
12 to ensure the healthy physical, mental, and spiritual 
13 development of children served;
14  (7) Provisions to safeguard the legal rights of 
15 children served;
16  (8) Maintenance of records pertaining to the 
17 admission, progress, health, and discharge of children, 
18 including, for day care centers and day care homes, 
19 records indicating each child has been immunized as 
20 required by State regulations. The Department of Early 
21 Childhood shall require proof that children enrolled in a 
22 facility have been immunized against Haemophilus 
23 Influenzae B (HIB);
24  (9) Filing of reports with the Department of Early 
25 Childhood;
26  (10) Discipline of children;
 
 
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1  (11) Protection and fostering of the particular 
2 religious faith of the children served;
3  (12) Provisions prohibiting firearms on day care 
4 center premises except in the possession of peace 
5 officers;
6  (13) Provisions prohibiting handguns on day care home 
7 premises except in the possession of peace officers or 
8 other adults who must possess a handgun as a condition of 
9 employment and who reside on the premises of a day care 
10 home;
11  (14) Provisions requiring that any firearm permitted 
12 on day care home premises, except handguns in the 
13 possession of peace officers, shall be kept in a 
14 disassembled state, without ammunition, in locked storage, 
15 inaccessible to children and that ammunition permitted on 
16 day care home premises shall be kept in locked storage 
17 separate from that of disassembled firearms, inaccessible 
18 to children;
19  (15) Provisions requiring notification of parents or 
20 guardians enrolling children at a day care home of the 
21 presence in the day care home of any firearms and 
22 ammunition and of the arrangements for the separate, 
23 locked storage of such firearms and ammunition; and
24  (16) Provisions requiring all licensed child care 
25 facility employees who care for newborns and infants to 
26 complete training every 3 years on the nature of sudden 
 
 
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1 unexpected infant death (SUID), sudden infant death 
2 syndrome (SIDS), and the safe sleep recommendations of the 
3 American Academy of Pediatrics.
4 All licensed day care home providers, licensed group day 
5care home providers, and licensed day care center directors 
6and classroom staff shall participate in at least one training 
7that includes the topics of early childhood social emotional 
8learning, infant and early childhood mental health, early 
9childhood trauma, or adverse childhood experiences. Current 
10licensed providers, directors, and classroom staff shall 
11complete training and shall participate in training that 
12includes the above topics at least once every 3 years.
13 (b) The Department of Early Childhood, in applying 
14standards prescribed and published, as herein provided, shall 
15offer consultation through employed staff or other qualified 
16persons to assist applicants and licensees in meeting and 
17maintaining minimum requirements for a license and to help 
18them otherwise to achieve programs of excellence related to 
19the care of children served. Such consultation shall include 
20providing information concerning education and training in 
21early childhood development to providers of day care home 
22services. The Department of Early Childhood may provide or 
23arrange for such education and training for those providers 
24who request such assistance.
25 (c) The Department of Early Childhood shall distribute 
26copies of licensing standards to all licensees and applicants 
 
 
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1for a license. Each licensee or holder of a permit shall 
2distribute copies of the appropriate licensing standards and 
3any other information required by the Department of Early 
4Childhood to child care facilities under its supervision. Each 
5licensee or holder of a permit shall maintain appropriate 
6documentation of the distribution of the standards. Such 
7documentation shall be part of the records of the facility and 
8subject to inspection by authorized representatives of the 
9Department of Early Childhood.
10 (d) The Department of Early Childhood shall prepare 
11summaries of day care licensing standards. Each licensee or 
12holder of a permit for a day care facility shall distribute a 
13copy of the appropriate summary and any other information 
14required by the Department of Early Childhood, to the legal 
15guardian of each child cared for in that facility at the time 
16when the child is enrolled or initially placed in the 
17facility. The licensee or holder of a permit for a day care 
18facility shall secure appropriate documentation of the 
19distribution of the summary and brochure. Such documentation 
20shall be a part of the records of the facility and subject to 
21inspection by an authorized representative of the Department 
22of Early Childhood.
23 (e) The Department of Early Childhood shall distribute to 
24each licensee and holder of a permit copies of the licensing or 
25permit standards applicable to such person's facility. Each 
26licensee or holder of a permit shall make available by posting 
 
 
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1at all times in a common or otherwise accessible area a 
2complete and current set of licensing standards in order that 
3all employees of the facility may have unrestricted access to 
4such standards. All employees of the facility shall have 
5reviewed the standards and any subsequent changes. Each 
6licensee or holder of a permit shall maintain appropriate 
7documentation of the current review of licensing standards by 
8all employees. Such records shall be part of the records of the 
9facility and subject to inspection by authorized 
10representatives of the Department of Early Childhood.
11 (f) Any standards involving physical examinations, 
12immunization, or medical treatment shall include appropriate 
13exemptions for children whose parents object thereto on the 
14grounds that they conflict with the tenets and practices of a 
15recognized church or religious organization, of which the 
16parent is an adherent or member, and for children who should 
17not be subjected to immunization for clinical reasons.
18 (g) The Department of Early Childhood, in cooperation with 
19the Department of Public Health, shall work to increase 
20immunization awareness and participation among parents of 
21children enrolled in day care centers and day care homes by 
22publishing on the Department of Early Childhood's website 
23information about the benefits of immunization against vaccine 
24preventable diseases, including influenza and pertussis. The 
25information for vaccine preventable diseases shall include the 
26incidence and severity of the diseases, the availability of 
 
 
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1vaccines, and the importance of immunizing children and 
2persons who frequently have close contact with children. The 
3website content shall be reviewed annually in collaboration 
4with the Department of Public Health to reflect the most 
5current recommendations of the Advisory Committee on 
6Immunization Practices (ACIP). The Department of Early 
7Childhood shall work with day care centers and day care homes 
8licensed under this Act to ensure that the information is 
9annually distributed to parents in August or September.
10 (h) Any standard adopted by the Department of Early 
11Childhood that requires an applicant for a license to operate 
12a day care home to include a copy of a high school diploma or 
13equivalent certificate with the person's application shall be 
14deemed to be satisfied if the applicant includes a copy of a 
15high school diploma or equivalent certificate or a copy of a 
16degree from an accredited institution of higher education or 
17vocational institution or equivalent certificate.

18 (225 ILCS 10/7.2) (from Ch. 23, par. 2217.2)
19 Sec. 7.2. Employer discrimination. 
20 (a) For purposes of this Section: , 
21 "Employer" "employer" means a licensee or holder of a 
22permit subject to this Act.
23 "Employee" means an employee of such an employer.
24 (b) No employer shall discharge, demote, or suspend, or 
25threaten to discharge, demote, or suspend, or in any manner 
 
 
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1discriminate against any employee who:
2  (1) Makes any good faith oral or written complaint of 
3 any employer's violation of any licensing or other laws 
4 (including, but not limited to, laws concerning child 
5 abuse or the transportation of children) which may result 
6 in closure of the facility pursuant to Section 11.2 or 
7 11.3 of this Act to the Department of Children and Family 
8 Services or the Department of Early Childhood or other 
9 agency having statutory responsibility for the enforcement 
10 of such laws or to the employer or representative of the 
11 employer;
12  (2) Institutes or causes to be instituted against any 
13 employer any proceeding concerning the violation of any 
14 licensing or other laws, including a proceeding to revoke 
15 or to refuse to renew a license under Section 9 or 9.01 of 
16 this Act;
17  (3) Is or will be a witness or testify in any 
18 proceeding concerning the violation of any licensing or 
19 other laws, including a proceeding to revoke or to refuse 
20 to renew a license under Section 9 or 9.01 of this Act; or
21  (4) Refuses to perform work in violation of a 
22 licensing or other law or regulation after notifying the 
23 employer of the violation.
24 (c)(1) A claim by an employee alleging an employer's 
25violation of subsection (b) of this Section shall be presented 
26to the employer within 30 days after the date of the action 
 
 
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1complained of and shall be filed with the Department of Labor 
2within 60 days after the date of the action complained of.
3 (2) Upon receipt of the complaint, the Department of Labor 
4shall conduct whatever investigation it deems appropriate, and 
5may hold a hearing. After investigation or hearing, the 
6Department of Labor shall determine whether the employer has 
7violated subsection (b) of this Section and it shall notify 
8the employer and the employee of its determination.
9 (3) If the Department of Labor determines that the 
10employer has violated subsection (b) of this Section, and the 
11employer refuses to take remedial action to comply with the 
12determination, the Department of Labor shall so notify the 
13Attorney General, who shall bring an action against the 
14employer in the circuit court seeking enforcement of its 
15determination. The court may order any appropriate relief, 
16including rehiring and reinstatement of the employee to the 
17person's former position with backpay and other benefits.
18 (d) Except for any grievance procedure, arbitration, or 
19hearing which is available to the employee pursuant to a 
20collective bargaining agreement, this Section shall be the 
21exclusive remedy for an employee complaining of any action 
22described in subsection (b).
23 (e) Any employer who willfully refuses to rehire, promote, 
24or otherwise restore an employee or former employee who has 
25been determined eligible for rehiring or promotion as a result 
26of any grievance procedure, arbitration, or hearing authorized 
 
 
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1by law shall be guilty of a Class A misdemeanor.
2(Source: P.A. 103-22, eff. 8-8-23; revised 9-21-23.)

3 (225 ILCS 10/7.10)
4 Sec. 7.10. Progress report. 
5 (a) For the purposes of this Section, "child day care 
6licensing" or "day care licensing" means licensing of day care 
7centers, day care homes, and group day care homes. 
8 (b) No later than September 30th of each year, the 
9Department of Early Childhood shall provide the General 
10Assembly with a comprehensive report on its progress in 
11meeting performance measures and goals related to child day 
12care licensing.
13 (c) The report shall include:
14  (1) details on the funding for child day care 
15 licensing, including:
16   (A) the total number of full-time employees 
17 working on child day care licensing;
18   (B) the names of all sources of revenue used to 
19 support child day care licensing;
20   (C) the amount of expenditures that is claimed 
21 against federal funding sources;
22   (D) the identity of federal funding sources; and
23   (E) how funds are appropriated, including 
24 appropriations for line staff, support staff, 
25 supervisory staff, and training and other expenses and 
 
 
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1 the funding history of such licensing since fiscal 
2 year 2010;
3  (2) current staffing qualifications of day care 
4 licensing representatives and day care licensing 
5 supervisors in comparison with staffing qualifications 
6 specified in the job description;
7  (3) data history for fiscal year 2010 to the current 
8 fiscal year on day care licensing representative caseloads 
9 and staffing levels in all areas of the State;
10  (4) per the DCFS Child Day Care Licensing Advisory 
11 Council's work plan, quarterly data on the following 
12 measures:
13   (A) the percentage of new applications disposed of 
14 within 90 days;
15   (B) the percentage of licenses renewed on time;
16   (C) the percentage of day care centers receiving 
17 timely annual monitoring visits;
18   (D) the percentage of day care homes receiving 
19 timely annual monitoring visits;
20   (E) the percentage of group day care homes 
21 receiving timely annual monitoring visits;
22   (F) the percentage of provider requests for 
23 supervisory review; 
24   (G) the progress on adopting a key indicator 
25 system;
26   (H) the percentage of complaints disposed of 
 
 
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1 within 30 days;
2   (I) the average number of days a day care center 
3 applicant must wait to attend a licensing orientation;
4   (J) the number of licensing orientation sessions 
5 available per region in the past year; and
6   (K) the number of Department of Early Childhood 
7 trainings related to licensing and child development 
8 available to providers in the past year; and
9  (5) efforts to coordinate with the Department of Human 
10 Services and the State Board of Education on professional 
11 development, credentialing issues, and child developers, 
12 including training registry, child developers, and Quality 
13 Rating and Improvement Systems (QRIS).
14 (d) The Department of Early Childhood shall work with the 
15Governor's appointed Early Learning Council on issues related 
16to and concerning child day care.
17(Source: P.A. 97-1096, eff. 8-24-12; 98-839, eff. 1-1-15.)

18 (225 ILCS 10/8) (from Ch. 23, par. 2218)
19 Sec. 8. The Department may revoke or refuse to renew the 
20license of any child care facility (other than a day care 
21center, day care home, or group day care home) or child welfare 
22agency or refuse to issue full license to the holder of a 
23permit should the licensee or holder of a permit:
24  (1) fail to maintain standards prescribed and 
25 published by the Department;
 
 
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1  (2) violate any of the provisions of the license 
2 issued;
3  (3) furnish or make any misleading or any false 
4 statement or report to the Department;
5  (4) refuse to submit to the Department any reports or 
6 refuse to make available to the Department any records 
7 required by the Department in making investigation of the 
8 facility for licensing purposes;
9  (5) fail or refuse to submit to an investigation by 
10 the Department;
11  (6) fail or refuse to admit authorized representatives 
12 of the Department at any reasonable time for the purpose 
13 of investigation;
14  (7) fail to provide, maintain, equip and keep in safe 
15 and sanitary condition premises established or used for 
16 child care as required under standards prescribed by the 
17 Department, or as otherwise required by any law, 
18 regulation or ordinance applicable to the location of such 
19 facility;
20  (8) refuse to display its license or permit;
21  (9) be the subject of an indicated report under 
22 Section 3 of the Abused and Neglected Child Reporting Act 
23 or fail to discharge or sever affiliation with the child 
24 care facility of an employee or volunteer at the facility 
25 with direct contact with children who is the subject of an 
26 indicated report under Section 3 of that Act;
 
 
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1  (10) fail to comply with the provisions of Section 
2 7.1;
3  (11) fail to exercise reasonable care in the hiring, 
4 training and supervision of facility personnel;
5  (12) fail to report suspected abuse or neglect of 
6 children within the facility, as required by the Abused 
7 and Neglected Child Reporting Act;
8  (12.5) fail to comply with subsection (c-5) of Section 
9 7.4; 
10  (13) fail to comply with Section 5.1 or 5.2 of this 
11 Act; or
12  (14) be identified in an investigation by the 
13 Department as a person with a substance use disorder, as 
14 defined in the Substance Use Disorder Act, or be a person 
15 whom the Department knows has abused alcohol or drugs, and 
16 has not successfully participated in treatment, self-help 
17 groups or other suitable activities, and the Department 
18 determines that because of such abuse the licensee, holder 
19 of the permit, or any other person directly responsible 
20 for the care and welfare of the children served, does not 
21 comply with standards relating to character, suitability 
22 or other qualifications established under Section 7 of 
23 this Act.
24(Source: P.A. 100-759, eff. 1-1-19.)

25 (225 ILCS 10/8a new)
 
 
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1 Sec. 8a. Grounds for revocation or refusal to renew 
2license; Department of Early Childhood. The Department of 
3Early Childhood may revoke or refuse to renew the license of 
4any day care center, day care home, or group day care home or 
5refuse to issue full license to the holder of a permit should 
6the licensee or holder of a permit:
7  (1) fail to maintain standards prescribed and 
8 published by the Department of Early Childhood;
9  (2) violate any of the provisions of the license 
10 issued;
11  (3) furnish or make any misleading or any false 
12 statement or report to the Department of Early Childhood;
13  (4) refuse to submit Department of Early Childhood any 
14 reports or refuse to make available Department of Early 
15 Childhood any records required by the Department of Early 
16 Childhood in making investigation of the facility for 
17 licensing purposes;
18  (5) fail or refuse to submit to an investigation by 
19 the Department of Early Childhood;
20  (6) fail or refuse to admit authorized representatives 
21 of the Department of Early Childhood at any reasonable 
22 time for the purpose of investigation;
23  (7) fail to provide, maintain, equip and keep in safe 
24 and sanitary condition premises established or used for 
25 child care as required under standards prescribed by the 
26 Department of Early Childhood or as otherwise required by 
 
 
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1 any law, regulation or ordinance applicable to the 
2 location of such facility;
3  (8) refuse to display its license or permit;
4  (9) be the subject of an indicated report under 
5 Section 3 of the Abused and Neglected Child Reporting Act 
6 or fail to discharge or sever affiliation with the day 
7 care center, day care home, or group day care home of an 
8 employee or volunteer at the day care center, day care 
9 home, or group day care home with direct contact with 
10 children who is the subject of an indicated report under 
11 Section 3 of that Act;
12  (10) fail to comply with the provisions of Section 
13 7.1;
14  (11) fail to exercise reasonable care in the hiring, 
15 training and supervision of facility personnel;
16  (12) fail to report suspected abuse or neglect of 
17 children within the facility, as required by the Abused 
18 and Neglected Child Reporting Act;
19  (12.5) fail to comply with subsection (c-5) of Section 
20 7.4;
21  (13) fail to comply with Section 5.1 or 5.2 of this 
22 Act; or
23  (14) be identified in an investigation by the 
24 Department of Early Childhood as a person with a substance 
25 use disorder, as defined in the Substance Use Disorder 
26 Act, or be a person whom the Department of Early Childhood 
 
 
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1 knows has abused alcohol or drugs, and has not 
2 successfully participated in treatment, self-help groups 
3 or other suitable activities, and the Department of Early 
4 Childhood determines that because of such abuse the 
5 licensee, holder of the permit, or any other person 
6 directly responsible for the care and welfare of the 
7 children served, does not comply with standards relating 
8 to character, suitability or other qualifications 
9 established under Section 7.01 of this Act.

10 (225 ILCS 10/8.1) (from Ch. 23, par. 2218.1)
11 Sec. 8.1. The Department shall revoke or refuse to renew 
12the license of any child care facility (other than a day care 
13center, day care home, or group day care home) or refuse to 
14issue a full license to the holder of a permit should the 
15licensee or holder of a permit:
16 (1) fail to correct any condition which jeopardizes the 
17health, safety, morals, or welfare of children served by the 
18facility;
19 (2) fail to correct any condition or occurrence relating 
20to the operation or maintenance of the facility comprising a 
21violation under Section 8 of this Act; or
22 (3) fail to maintain financial resources adequate for the 
23satisfactory care of children served in regard to upkeep of 
24premises, and provisions for personal care, medical services, 
25clothing, education and other essentials in the proper care, 
 
 
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1rearing and training of children.
2(Source: P.A. 83-1362.)

3 (225 ILCS 10/8.1a new)
4 Sec. 8.1a. Other grounds for revocation or refusal to 
5renew license; Department of Early Childhood. The Department 
6of Early Childhood shall revoke or refuse to renew the license 
7of any day care center, day care home, or group day care home 
8or refuse to issue a full license to the holder of a permit 
9should the licensee or holder of a permit:
10  (1) fail to correct any condition which jeopardizes 
11 the health, safety, morals, or welfare of children served 
12 by the facility;
13  (2) fail to correct any condition or occurrence 
14 relating to the operation or maintenance of the facility 
15 comprising a violation under Section 8a of this Act; or
16  (3) fail to maintain financial resources adequate for 
17 the satisfactory care of children served in regard to 
18 upkeep of premises, and provisions for personal care, 
19 medical services, clothing, education and other essentials 
20 in the proper care, rearing and training of children.

21 (225 ILCS 10/8.2) (from Ch. 23, par. 2218.2)
22 Sec. 8.2. The Department may issue a conditional license 
23to any child care facility (other than a day care center, day 
24care home, or group day care home) which currently is licensed 
 
 
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1under this Act. The conditional license shall be a 
2nonrenewable license for a period of 6 months and the 
3Department shall revoke any other license held by the 
4conditionally licensed facility. Conditional licenses shall 
5only be granted to facilities where no threat to the health, 
6safety, morals or welfare of the children served exists. A 
7complete listing of deficiencies and a corrective plan 
8approved by the Department shall be in existence at the time a 
9conditional license is issued. Failure by the facility to 
10correct the deficiencies or meet all licensing standards at 
11the end of the conditional license period shall result in 
12immediate revocation of or refusal to renew the facility's 
13license as provided in Section 8.1 of this Act.
14(Source: P.A. 85-216.)

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

8 (225 ILCS 10/8.5)
9 Sec. 8.5. Reporting suspected abuse or neglect; Department 
10of Children and Family Services. The Department shall address 
11through rules and procedures the failure of individual staff 
12at child care facilities (other than a day care center, day 
13care home, or group day care home) or child welfare agencies to 
14report suspected abuse or neglect of children within the child 
15care facility as required by the Abused and Neglected Child 
16Reporting Act.
17 The rules and procedures shall include provisions for when 
18the Department learns of the child care facility's staff's 
19failure to report suspected abuse or neglect of children and 
20the actions the Department will take to (i) ensure that the 
21child care facility takes immediate action with the individual 
22staff involved and (ii) investigate whether the failure to 
23report suspected abuse and neglect was a single incident or 
24part of a larger incident involving additional staff members 
25who failed to report, or whether the failure to report 
 
 
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1suspected abuse and neglect is a system-wide problem within 
2the child care facility or child welfare agency. The rules and 
3procedures shall also include the use of corrective action 
4plans and the use of supervisory teams to review staff and 
5facility understanding of their reporting requirements.
6 The Department shall adopt rules by July 1, 2016.
7(Source: P.A. 99-350, eff. 1-1-16.)

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

7 (225 ILCS 10/9) (from Ch. 23, par. 2219)
8 Sec. 9. Prior to revocation or refusal to renew a license 
9(other than a license of a day care center, day care home, or 
10group day care home), the Department shall notify the licensee 
11by registered mail with postage prepaid, at the address 
12specified on the license, or at the address of the ranking or 
13presiding officer of a board of directors, or any equivalent 
14body conducting a child care facility, of the contemplated 
15action and that the licensee may, within 10 days of such 
16notification, dating from the postmark of the registered mail, 
17request in writing a public hearing before the Department, 
18and, at the same time, may request a written statement of 
19charges from the Department.
20 (a) Upon written request by the licensee, the Department 
21shall furnish such written statement of charges, and, at the 
22same time, shall set the date and place for the hearing. The 
23charges and notice of the hearing shall be delivered by 
24registered mail with postage prepaid, and the hearing must be 
25held within 30 days, dating from the date of the postmark of 
 
 
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1the registered mail, except that notification must be made at 
2least 15 days in advance of the date set for the hearing.
3 (b) If no request for a hearing is made within 10 days 
4after notification, or if the Department determines, upon 
5holding a hearing, that the license should be revoked or 
6renewal denied, then the license shall be revoked or renewal 
7denied.
8 (c) Upon the hearing of proceedings in which the license 
9is revoked, renewal of license is refused or full license is 
10denied, the Director of the Department, or any officer or 
11employee duly authorized by the Director in writing, may 
12administer oaths and the Department may procure, by its 
13subpoena, the attendance of witnesses and the production of 
14relevant books and papers.
15 (d) At the time and place designated, the Director of the 
16Department or the officer or employee authorized by the 
17Director in writing, shall hear the charges, and both the 
18Department and the licensee shall be allowed to present in 
19person or by counsel such statements, testimony and evidence 
20as may be pertinent to the charges or to the defense thereto. 
21The hearing officer may continue such hearing from time to 
22time, but not to exceed a single period of 30 days, unless 
23special extenuating circumstances make further continuance 
24feasible.
25(Source: P.A. 103-22, eff. 8-8-23.)

 
 
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1 (225 ILCS 10/9.01 new)
2 Sec. 9.01. Revocation or refusal to renew a license; 
3Department of Early Childhood. Prior to revocation or refusal 
4to renew a license of a day care center, day care home, or 
5group day care home, the Department of Early Childhood shall 
6notify the licensee by registered mail with postage prepaid, 
7at the address specified on the license, or at the address of 
8the ranking or presiding officer of a board of directors, or 
9any equivalent body conducting a day care center, day care 
10home, or group day care home, of the contemplated action and 
11that the licensee may, within 10 days of such notification, 
12dating from the postmark of the registered mail, request in 
13writing a public hearing before the Department of Early 
14Childhood, and, at the same time, may request a written 
15statement of charges from the Department of Early Childhood.
16 (a) Upon written request by the licensee, the Department 
17of Early Childhood shall furnish such written statement of 
18charges, and, at the same time, shall set the date and place 
19for the hearing. The charges and notice of the hearing shall be 
20delivered by registered mail with postage prepaid, and the 
21hearing must be held within 30 days, dating from the date of 
22the postmark of the registered mail, except that notification 
23must be made at least 15 days in advance of the date set for 
24the hearing.
25 (b) If no request for a hearing is made within 10 days 
26after notification, or if the Department of Early Childhood 
 
 
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1determines, upon holding a hearing, that the license should be 
2revoked or renewal denied, then the license shall be revoked 
3or renewal denied.
4 (c) Upon the hearing of proceedings in which the license 
5is revoked, renewal of license is refused, or full license is 
6denied, the Secretary of Early Childhood, or any officer or 
7employee duly authorized by the Secretary in writing, may 
8administer oaths and the Department of Early Childhood may 
9procure, by its subpoena, the attendance of witnesses and the 
10production of relevant books and papers.
11 (d) At the time and place designated, the Secretary of 
12Early Childhood or the officer or employee authorized by the 
13Secretary in writing shall hear the charges, and both the 
14Department of Early Childhood and the licensee shall be 
15allowed to present in person or by counsel such statements, 
16testimony, and evidence as may be pertinent to the charges or 
17to the defense thereto. The hearing officer may continue such 
18hearing from time to time, but not to exceed a single period of 
1930 days, unless special extenuating circumstances make further 
20continuance feasible.

21 (225 ILCS 10/9.1) (from Ch. 23, par. 2219.1)
22 Sec. 9.1. Before the Department of Children and Family 
23Services or the Department of Early Childhood initiates a 
24full-scale investigation of any complaint received regarding a 
25child care facility the Department may, when appropriate, 
 
 
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1provide procedures for the substantiation of the complaint.
2(Source: P.A. 87-265.)

3 (225 ILCS 10/9.1c)
4 Sec. 9.1c. Public database of day care homes, group day 
5care homes, and day care centers; license status. The No later 
6than July 1, 2018, the Department of Early Childhood shall 
7establish and maintain on its official website a searchable 
8database, freely accessible to the public, that provides the 
9following information on each day care home, group day care 
10home, and day care center licensed by the Department of Early 
11Childhood: whether, within the past 5 years, the day care 
12home, group day care home, or day care center has had its 
13license revoked by or surrendered to the Department of 
14Children and Family Services or the Department of Early 
15Childhood during a child abuse or neglect investigation or its 
16application for a renewal of its license was denied by the 
17Department of Children and Family Services or the Department 
18of Early Childhood, and, if so, the dates upon which the 
19license was revoked by or surrendered to the Department of 
20Children and Family Services or the Department of Early 
21Childhood or the application for a renewal of the license was 
22denied by the Department of Children and Family Services or 
23the Department of Early Childhood. The Department of Early 
24Childhood may adopt any rules necessary to implement this 
25Section. Nothing in this Section shall be construed to allow 
 
 
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1or authorize the Department of Early Childhood to release or 
2disclose any information that is prohibited from public 
3disclosure under this Act or under any other State or federal 
4law.
5(Source: P.A. 100-52, eff. 1-1-18.)

6 (225 ILCS 10/9.2)
7 Sec. 9.2. Toll free number; day care information. The 
8Department of Children and Family Services and the Department 
9of Early Childhood shall establish and maintain a statewide 
10toll-free telephone numbers number that all persons may use to 
11inquire about the past history and record of a day care 
12facility operating in this State under the jurisdiction of 
13each of the Departments. The past history and record shall 
14include, but shall not be limited to, Department substantiated 
15complaints by each Department against a day care facility and 
16Department staff findings by each Department of license 
17violations by a day care facility. Information disclosed in 
18accordance with this Section shall be subject to the 
19confidentiality requirements provided in this Act.
20(Source: P.A. 90-671, eff. 1-1-99.)

21 (225 ILCS 10/10) (from Ch. 23, par. 2220)
22 Sec. 10. Any circuit court, upon application either of the 
23person requesting a hearing or of the Department of Children 
24and Family Services or the Department of Early Childhood, may 
 
 
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1require the attendance of witnesses and the production of 
2relevant books and papers before the Department of Children 
3and Family Services or the Department of Early Childhood in 
4any hearing relating to the refusal or revocation of licenses. 
5The refusal or neglect to obey the order of the court 
6compelling the attendance or production, is punishable as in 
7other cases of contempt.
8(Source: P.A. 83-334.)

9 (225 ILCS 10/11) (from Ch. 23, par. 2221)
10 Sec. 11. Whenever the Department of Children and Family 
11Services or the Department of Early Childhood is advised, or 
12has reason to believe, that any person, group of persons or 
13corporation is operating a child welfare agency or a child 
14care facility without a license or permit, it shall make an 
15investigation to ascertain the facts. If the Department is 
16denied access, it shall request intervention of local, county 
17or State law enforcement agencies to seek an appropriate court 
18order or warrant to examine the premises. A person or entity 
19preventing the Department of Children and Family Services or 
20the Department of Early Childhood from carrying out its duties 
21under this Section shall be guilty of a violation of this Act 
22and shall be subject to such penalties related thereto. If the 
23Department of Children and Family Services or the Department 
24of Early Childhood it finds that the child welfare agency or 
25child care facility is being, or has been operated without a 
 
 
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1license or permit, it shall report the results of its 
2investigation to the Attorney General, and to the appropriate 
3State's Attorney for investigation and, if appropriate, 
4prosecution.
5 Operating a child welfare agency or child care facility 
6without a license constitutes a Class A misdemeanor, followed 
7by a business offense, if the operator continues to operate 
8the facility and no effort is made to obtain a license. The 
9business offense fine shall not exceed $10,000 and each day of 
10a violation is a separate offense.
11(Source: P.A. 94-586, eff. 8-15-05.)

12 (225 ILCS 10/11.1) (from Ch. 23, par. 2221.1)
13 Sec. 11.1. Referrals to law enforcement.  
14 (a) If the Department of Children and Family Services or 
15the Department of Early Childhood has reasonable cause to 
16believe that any person, group of persons, corporation, 
17agency, association, organization, institution, center, or 
18group is engaged or about to engage in any acts or practices 
19that constitute or will constitute a violation of this Act, 
20the Department shall inform the Attorney General or the 
21State's Attorney of the appropriate county, who may initiate 
22the appropriate civil or criminal proceedings. Upon a proper 
23showing, any circuit court may enter a permanent or 
24preliminary injunction or temporary restraining order without 
25bond to enforce this Act or any rule or regulation prescribed 
 
 
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1thereunder in addition to the penalties and other remedies 
2provided in this Act.
3 (b) If the Department has reasonable cause to believe that 
4any person, group of persons, corporation, agency, 
5association, organization, institution, center, or group is 
6engaged or is about to engage in any act or practice that 
7constitutes or may constitute a violation of any rule adopted 
8under the authority of this Act, the Department may inform the 
9Attorney General or the State's Attorney of the appropriate 
10county, who may initiate the appropriate civil or criminal 
11proceedings. Upon a proper showing, any circuit court may 
12enter a permanent or preliminary injunction or temporary 
13restraining order without bond to enforce this Act or any rule 
14prescribed under this Act, in addition to the penalties and 
15other remedies provided in this Act. 
16(Source: P.A. 94-586, eff. 8-15-05.)

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

22 (225 ILCS 10/11.2) (from Ch. 23, par. 2221.2)
23 Sec. 11.2. Whenever the Department expressly finds that 
24the continued operation of a child care facility, including 
25such facilities defined in Section 2.10 and unlicensed 
 
 
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1facilities, jeopardizes the health, safety, morals, or welfare 
2of children served by the facility, the Department shall issue 
3an order of closure directing that the operation of the 
4facility terminate immediately, and, if applicable, shall 
5initiate revocation proceedings under Section 9 within ten 
6working days. A facility closed under this Section may not 
7operate during the pendency of any proceeding for the judicial 
8review of the decision of the Department to issue an order of 
9closure or to revoke or refuse to renew the license, except 
10under court order.
11 This Section does not apply to unlicensed facilities that 
12qualify for an exemption under Section 2.10, day care centers, 
13day care homes, and group day care homes. 
14(Source: P.A. 85-216.)

15 (225 ILCS 10/11.3 new)
16 Sec. 11.3. Order of closure; Department of Early 
17Childhood. Whenever the Department of Early Childhood 
18expressly finds that the continued operation of a day care 
19center, day care home, or group day care home, including a 
20facility defined in Section 2.10 and an unlicensed facility, 
21jeopardizes the health, safety, morals, or welfare of children 
22served by the facility, the Department of Early Childhood 
23shall issue an order of closure directing that the operation 
24of the facility terminate immediately, and, if applicable, 
25shall initiate revocation proceedings under Section 9.01 
 
 
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1within 10 working days. A facility closed under this Section 
2may not operate during the pendency of any proceeding for the 
3judicial review of the decision of the Department of Early 
4Childhood to issue an order of closure or to revoke or refuse 
5to renew the license, except under court order.

6 (225 ILCS 10/12) (from Ch. 23, par. 2222)
7 Sec. 12. Advertisements; Department of Children and Family 
8Services. 
9 (a) In this Section, "advertise" means communication by 
10any public medium originating or distributed in this State, 
11including, but not limited to, newspapers, periodicals, 
12telephone book listings, outdoor advertising signs, radio, or 
13television.
14 (b) With the exception of day care centers, day care 
15homes, and group day care homes, a A child care facility or 
16child welfare agency licensed or operating under a permit 
17issued by the Department may publish advertisements for the 
18services that the facility is specifically licensed or issued 
19a permit under this Act to provide. A person, group of persons, 
20agency, association, organization, corporation, institution, 
21center, or group who advertises or causes to be published any 
22advertisement offering, soliciting, or promising to perform 
23adoption services as defined in Section 2.24 of this Act is 
24guilty of a Class A misdemeanor and shall be subject to a fine 
25not to exceed $10,000 or 9 months imprisonment for each 
 
 
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1advertisement, unless that person, group of persons, agency, 
2association, organization, corporation, institution, center, 
3or group is (i) licensed or operating under a permit issued by 
4the Department as a child care facility or child welfare 
5agency, (ii) a birth parent or a prospective adoptive parent 
6acting on the birth parent's or prospective adoptive parent's 
7own behalf, or (iii) a licensed attorney advertising the 
8licensed attorney's availability to provide legal services 
9relating to adoption, as permitted by law.
10 (c) Every advertisement published after the effective date 
11of this amendatory Act of the 94th General Assembly shall 
12include the Department-issued license number of the facility 
13or agency.
14 (d) Any licensed child welfare agency providing adoption 
15services that, after the effective date of this amendatory Act 
16of the 94th General Assembly, causes to be published an 
17advertisement containing reckless or intentional 
18misrepresentations concerning adoption services or 
19circumstances material to the placement of a child for 
20adoption is guilty of a Class A misdemeanor and is subject to a 
21fine not to exceed $10,000 or 9 months imprisonment for each 
22advertisement. 
23 (e) An out-of-state agency that is not licensed in 
24Illinois and that has a written interagency agreement with one 
25or more Illinois licensed child welfare agencies may advertise 
26under this Section, provided that (i) the out-of-state agency 
 
 
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1must be officially recognized by the United States Internal 
2Revenue Service as a tax-exempt organization under 501(c)(3) 
3of the Internal Revenue Code of 1986 (or any successor 
4provision of federal tax law), (ii) the out-of-state agency 
5provides only international adoption services and is covered 
6by the Intercountry Adoption Act of 2000, (iii) the 
7out-of-state agency displays, in the advertisement, the 
8license number of at least one of the Illinois licensed child 
9welfare agencies with which it has a written agreement, and 
10(iv) the advertisements pertain only to international adoption 
11services. Subsection (d) of this Section shall apply to any 
12out-of-state agencies described in this subsection (e). 
13 (f) An advertiser, publisher, or broadcaster, including, 
14but not limited to, newspapers, periodicals, telephone book 
15publishers, outdoor advertising signs, radio stations, or 
16television stations, who knowingly or recklessly advertises or 
17publishes any advertisement offering, soliciting, or promising 
18to perform adoption services, as defined in Section 2.24 of 
19this Act, on behalf of a person, group of persons, agency, 
20association, organization, corporation, institution, center, 
21or group, not authorized to advertise under subsection (b) or 
22subsection (e) of this Section, is guilty of a Class A 
23misdemeanor and is subject to a fine not to exceed $10,000 or 9 
24months imprisonment for each advertisement.
25 (g) The Department shall maintain a website listing child 
26welfare agencies licensed by the Department that provide 
 
 
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1adoption services and other general information for birth 
2parents and adoptive parents. The website shall include, but 
3not be limited to, agency addresses, phone numbers, e-mail 
4addresses, website addresses, annual reports as referenced in 
5Section 7.6 of this Act, agency license numbers, the Birth 
6Parent Bill of Rights, the Adoptive Parents Bill of Rights, 
7and the Department's complaint registry established under 
8Section 9.1a of this Act. The Department shall adopt any rules 
9necessary to implement this Section.
10 (h) (Blank) Nothing in this Act shall prohibit a day care 
11agency, day care center, day care home, or group day care home 
12that does not provide or perform adoption services, as defined 
13in Section 2.24 of this Act, from advertising or marketing the 
14day care agency, day care center, day care home, or group day 
15care home. 
16(Source: P.A. 103-22, eff. 8-8-23.)

17 (225 ILCS 10/12.1 new)
18 Sec. 12.1. Advertisements; Department of Early Childhood.
19 (a) In this Section, "advertise" means communication by 
20any public medium originating or distributed in this State, 
21including, but not limited to, newspapers, periodicals, 
22telephone book listings, outdoor advertising signs, radio, or 
23television.
24 (b) A day care center, day care home, or group day care 
25home licensed or operating under a permit issued by the 
 
 
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1Department of Early Childhood may publish advertisements for 
2the services that the day care center, day care home, or group 
3day care home is specifically licensed or issued a permit 
4under this Act to provide. A person, group of persons, agency, 
5association, organization, corporation, institution, center, 
6or group that advertises or causes to be published any 
7advertisement offering, soliciting, or promising to perform 
8adoption services as defined in Section 2.24 of this Act is 
9guilty of a Class A misdemeanor and shall be subject to a fine 
10not to exceed $10,000 or 9 months' imprisonment for each 
11advertisement, unless that person, group of persons, agency, 
12association, organization, corporation, institution, center, 
13or group is licensed or operating under a permit issued by 
14Department of Early Childhood as a day care center, day care 
15home, or group day care home, as permitted by law.
16 (c) Every advertisement published after the effective date 
17of this amendatory Act of the 103rd General Assembly shall 
18include the Department of Early Childhood license number of 
19the facility or agency.


20 (225 ILCS 10/15) (from Ch. 23, par. 2225)
21 Sec. 15. With the exception of day care centers, day care 
22homes, and group day care homes, every Every child care 
23facility must keep and maintain such records as the Department 
24may prescribe pertaining to the admission, progress, health 
25and discharge of children under the care of the facility and 
 
 
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1shall report relative thereto to the Department whenever 
2called for, upon forms prescribed by the Department. All 
3records regarding children and all facts learned about 
4children and their relatives must be kept confidential both by 
5the child care facility and by the Department.
6 Nothing contained in this Act prevents the sharing or 
7disclosure of information or records relating or pertaining to 
8juveniles subject to the provisions of the Serious Habitual 
9Offender Comprehensive Action Program when that information is 
10used to assist in the early identification and treatment of 
11habitual juvenile offenders.
12 Nothing contained in this Act prevents the disclosure of 
13information or records by a licensed child welfare agency as 
14required under subsection (c-5) of Section 7.4. 
15(Source: P.A. 94-1010, eff. 10-1-06.)

16 (225 ILCS 10/15.1 new)
17 Sec. 15.1. Records; confidentiality; Department of Early 
18Childhood. Every day care center, day care home, and group day 
19care home must keep and maintain such records as the 
20Department of Early Childhood may prescribe pertaining to the 
21admission, progress, health and discharge of children under 
22the care of the day care center, day care home, or group day 
23care home, and shall report relative thereto to the Department 
24of Early Childhood whenever called for, upon forms prescribed 
25by the Department of Early Childhood. All records regarding 
 
 
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1children and all facts learned about children and their 
2relatives must be kept confidential both by the day care 
3center, day care home, or group day care home and by the 
4Department of Early Childhood.

5 (225 ILCS 10/16) (from Ch. 23, par. 2226)
6 Sec. 16. (a) Subsections (a-1) through (d) do not apply to 
7any circumstances to which Section 16.1 applies. 
8 (a-1) (a) Any child care facility receiving a child for 
9care or supervision from a foreign state or country shall 
10report that child to the Department in the same manner as is 
11required for reporting other children.
12 (b) A person, agency or organization, other than a 
13licensed child care institution or child welfare agency, may 
14not receive a foreign child without prior notice to and 
15approval of the Department.
16 (c) In all instances the Department may require a guaranty 
17that a child accepted for care or supervision from a foreign 
18state or country will not become a public charge upon the State 
19of Illinois.
20 (d) Reports to the Department must be made, as required.
21 (e) The Department may enter into agreements with public 
22or voluntary social agencies headquartered in states adjacent 
23to the State of Illinois, regarding the placement of children 
24in licensed foster family homes within the boundaries of 
25Illinois, if the agencies meet the standards and criteria 
 
 
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1required for license as a child welfare agency in Illinois. 
2The agreements may allow foreign agencies to place and 
3supervise children for whom they have responsibility within 
4the State of Illinois, without regard to subsection (a-1) 
5paragraph (a) of this Section. These agreements must, however, 
6include a requirement that the agencies cooperate fully with 
7the Department in its inquiry or investigation into the 
8activities and standards of those agencies, and provide that 
9the Department may, at any time upon 15 days written notice to 
10an agency by registered mail, void the agreement and require 
11the observance of subsection (a-1) paragraph (a) of this 
12Section.
13(Source: P.A. 76-63.)

14 (225 ILCS 10/16.1 new)
15 Sec. 16.1. Child from a foreign state or country; 
16Department of Early Childhood.
17 (a) Any day care center, day care home, or group day care 
18home receiving a child for care or supervision from a foreign 
19state or country shall report that child to the Department of 
20Early Childhood in the same manner as is required for 
21reporting other children.
22 (b) A person, agency or organization, other than a 
23licensed child care institution, may not receive a foreign 
24child without prior notice to and approval of the Department 
25of Early Childhood.
 
 
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1 (c) In all instances the Department of Early Childhood may 
2require a guaranty that a child accepted for care or 
3supervision from a foreign state or country will not become a 
4public charge upon the State of Illinois.
5 (d) Reports to the Department of Early Childhood must be 
6made, as required.

7 (225 ILCS 10/17) (from Ch. 23, par. 2227)
8 Sec. 17. The Administrative Review Law and the rules 
9adopted pursuant thereto apply to and govern , applies to and 
10governs all proceedings for the judicial review of final 
11administrative decisions of the Department of Children and 
12Family Services and the Department of Early Childhood. The 
13term "administrative decision" is defined as in Section 3-101 
14of the Code of Civil Procedure.
15(Source: P.A. 82-783.)

16 (225 ILCS 10/18) (from Ch. 23, par. 2228)
17 Sec. 18. Any person, group of persons, association, or 
18corporation who, with respect to a child care facility other 
19than a day care center, day care home, or group day care home:
20 (1) conducts, operates, or acts as a child care facility 
21without a license or permit to do so in violation of Section 3 
22of this Act;
23 (2) makes materially false statements in order to obtain a 
24license or permit;
 
 
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1 (3) fails to keep the records and make the reports 
2provided under this Act;
3 (4) advertises any service not authorized by license or 
4permit held;
5 (5) publishes any advertisement in violation of this Act;
6 (6) receives within this State any child in violation of 
7Section 16 of this Act; or
8 (7) violates any other provision of this Act or any 
9reasonable rule or regulation adopted and published by the 
10Department for the enforcement of the provisions of this Act, 
11is guilty of a Class A misdemeanor and in case of an 
12association or corporation, imprisonment may be imposed upon 
13its officers who knowingly participated in the violation.
14 Any child care facility (other than a day care center, day 
15care home, or group day care home) that continues to operate 
16after its license is revoked under Section 8 of this Act or 
17after its license expires and the Department refused to renew 
18the license as provided in Section 8 of this Act is guilty of a 
19business offense and shall be fined an amount in excess of $500 
20but not exceeding $10,000, and each day of violation is a 
21separate offense.
22 In a prosecution under this Act, a defendant who relies 
23upon the relationship of any child to the defendant has the 
24burden of proof as to that relationship.
25(Source: P.A. 103-22, eff. 8-8-23; revised 9-21-23.)

 
 
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1 (225 ILCS 10/18.1 new)
2 Sec. 18.1. Violations; day care center, day care home, or 
3group day care home. Any person, group of persons, 
4association, or corporation that:
5  (1) conducts, operates or acts as a day care center, 
6 day care home, or group day care home without a license or 
7 permit to do so in violation of Section 3.01 of this Act;
8  (2) makes materially false statements in order to 
9 obtain a license or permit;
10  (3) fails to keep the records and make the reports 
11 provided under this Act;
12  (4) advertises any service not authorized by license 
13 or permit held;
14  (5) publishes any advertisement in violation of this 
15 Act;
16  (6) receives within this State any child in violation 
17 of Section 16.1 of this Act; or
18  (7) violates any other provision of this Act or any 
19 reasonable rule or regulation adopted and published by the 
20 Department of Early Childhood for the enforcement of the 
21 provisions of this Act,
22is guilty of a Class A misdemeanor and, in the case of an 
23association or corporation, imprisonment may be imposed upon 
24its officers who knowingly participated in the violation.
25 Any day care center, day care home, or group day care home 
26that continues to operate after its license is revoked under 
 
 
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1Section 8 or 8a of this Act or after its license expires and 
2the Department of Early Childhood refused to renew the license 
3as provided in Section 8 or 8a of this Act is guilty of a 
4business offense and shall be fined an amount in excess of $500 
5but not exceeding $10,000. Each day of violation is a separate 
6offense.
7 In a prosecution under this Act, a defendant who relies 
8upon the relationship of any child to the defendant has the 
9burden of proof as to that relationship.

10
ARTICLE 99.  NONACCELERATION, SEVERABILITY,
11
AND
12
EFFECTIVE DATE


13 Section 99-1. No acceleration or delay. Where this Act 
14makes changes in a statute that is represented in this Act by 
15text that is not yet or no longer in effect (for example, a 
16Section represented by multiple versions), the use of that 
17text does not accelerate or delay the taking effect of (i) the 
18changes made by this Act or (ii) provisions derived from any 
19other Public Act.

20 Section 99-5. Severability. The provisions of this Act are 
21severable under Section 1.31 of the Statute on Statutes.

22 Section 99-99. Effective date. This Act takes effect upon 
 
 
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