Bill Amendment: IL HB5451 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

---

Bill Title: DEPARTMENT OF EARLY CHILDHOOD

Status: 2024-04-19 - Rule 19(a) / Re-referred to Rules Committee [HB5451 Detail]

Download: Illinois-2023-HB5451-House_Amendment_001.html

---

Rep. Mary Beth Canty

Filed: 3/11/2024

10300HB5451ham001 LRB103 39421 KTG 70845 a
AMENDMENT TO HOUSE BILL 5451
AMENDMENT NO. ______. Amend House Bill 5451 by replacing
everything after the enacting clause with the following:
"ARTICLE 1. GENERAL PROVISIONS
Section 1-1. Short title. This Act may be cited as the
Department of Early Childhood Act.
Section 1-5. Findings. The General Assembly finds that:
(1) There are over 875,000 children under the age of 5 in
Illinois, nearly half of whom are under the age of 3. At birth,
a baby's brain is 25% the size of an adult's brain. Yet, an
infant's brain has roughly 86 billion neurons, almost all the
neurons the human brain will ever have.
(2) From 3 to 15 months, neuron connections form at a rate
of 40,000 per second. By age 3, synaptic connections have
grown to 100 trillion. Ages 3 to 5 are critical years to build

10300HB5451ham001 - 2 - LRB103 39421 KTG 70845 a
executive function skills like focusing attention, remembering
instructions, and demonstrating self-control. Without these
skills, children are not fully equipped to learn when they
enter kindergarten. By age 5, 90% of brain development is
complete.
(3) Prenatal programs improve the regular care of birthing
parents, reduce the risk of infant low birth weight and
mortality, and increase regular child wellness visits,
screenings, and immunizations.
(4) Early childhood education and care not only improve
school readiness and literacy, but also improve cognitive
development for future success in life, school, and the
workforce.
(5) Research shows that for every dollar invested in
high-quality early childhood education and care, society gains
over $7 in economic returns in the long-term.
(6) Supporting children means supporting their parents and
families. The early childhood education and care industry is
the workforce behind all other workforces. High-quality child
care enables parents and families to consistently work and
earn an income to support their children. Research also shows
that early childhood education and care programs can reduce
parental stress and improve family well-being.
(7) Investing in early childhood education and care is in
the interest of all residents and will make Illinois the best
state in the nation to raise young children.

10300HB5451ham001 - 3 - LRB103 39421 KTG 70845 a
Section 1-10. Purpose. It is the purpose of this Act to
provide for the creation of the Department of Early Childhood
and to transfer to it certain rights, powers, duties, and
functions currently exercised by various agencies of State
Government. The Department of Early Childhood shall be the
lead State agency for administering and providing early
childhood education and care programs and services to children
and families. This Act centralizes home-visiting services,
early intervention services, preschool services, child care
services, licensing for day care centers, day care homes, and
group day care homes, and other early childhood education and
care programs and administrative functions historically
managed by the Illinois State Board of Education, the Illinois
Department of Human Services, and the Illinois Department of
Children and Family Services. Centralizing early childhood
functions into a single State agency is intended to simplify
the process for parents and caregivers to identify and enroll
children in early childhood services, to create new,
equity-driven statewide systems, to streamline administrative
functions for providers, and to improve kindergarten readiness
for children.
Section 1-11. Rights; privileges; protections.
Notwithstanding any provision of law to the contrary, any
rights, privileges, or protections afforded to students in

10300HB5451ham001 - 4 - LRB103 39421 KTG 70845 a
early childhood education and care programs, including
undocumented students, under the School Code or any other
provision of law shall not terminate upon the effective date
of this Act.
Section 1-15. Definitions. As used in this Act, unless the
context otherwise requires:
"Department" means the Department of Early Childhood.
"Secretary" means the Secretary of Early Childhood.
"Transferring agency" means the Department of Human
Services, Department of Children and Family Services, and the
State Board of Education.
Section 1-20. Department; Secretary; organization.
(a) The Department of Early Childhood is created and shall
begin operation on July 1, 2024.
(b) The head officer of the Department is the Secretary.
The Secretary shall be appointed by the Governor, with the
advice and consent of the Senate. The initial term of the
Secretary shall run from the date of appointment until January
18, 2027, and until a successor has been appointed and
qualified. Thereafter, the Secretary's term shall be as
provided in Section 5-610 of the Civil Administrative Code of
Illinois. The Department may employ or retain other persons to
assist in the discharge of its functions, subject to the
Personnel Code.

10300HB5451ham001 - 5 - LRB103 39421 KTG 70845 a
(c) The Governor may, with the advice and consent of the
Senate, appoint an appropriate number of persons to serve as
Assistant Secretaries to head the major programmatic divisions
of the Department. Assistant Secretaries shall not be subject
to the Personnel Code.
(d) The Secretary shall create divisions and
administrative units within the Department and shall assign
functions, powers, duties, and personnel as may now or in the
future be required by State or federal law. The Secretary may
create other divisions and administrative units and may assign
other functions, powers, duties, and personnel as may be
necessary or desirable to carry out the functions and
responsibilities vested by law in the Department.
Section 1-30. General powers and duties.
(a) The Department shall exercise the rights, powers,
duties, and functions provided by law, including, but not
limited to, the rights, powers, duties, and functions
transferred to the Department.
(b) The Department may employ personnel (in accordance
with the Personnel Code and any applicable collective
bargaining agreements), provide facilities, contract for goods
and services, and adopt rules as necessary to carry out its
functions and purposes, all in accordance with applicable
State and federal law.
The Department may establish such subdivisions of the

10300HB5451ham001 - 6 - LRB103 39421 KTG 70845 a
Department as shall be desirable and assign to the various
subdivisions the responsibilities and duties placed upon the
Department by the Laws of the State of Illinois.
The Department shall adopt, as necessary, rules for the
execution of its powers. The provisions of the Illinois
Administrative Procedure Act are hereby expressly adopted and
shall apply to all administrative rules and procedures of the
Department under this Act, except that Section 5-35 of the
Illinois Administrative Procedure Act relating to procedures
for rulemaking does not apply to the adoption of any rule
required by federal law in connection with which the
Department is precluded by law from exercising any discretion.
(c) Procurements necessary for the Department of Early
Childhood to implement this Act are subject to the Illinois
Procurement Code, except as otherwise provided in paragraph
(25) of subsection (b) of Section 1-10 of that Code. The
Department of Early Childhood is subject to the Business
Enterprise for Minorities, Women, and Persons with
Disabilities Act.
Section 1-35. Advisory body. By July 1, 2026, the
Department shall create or designate an advisory body to
counsel the Department on an ongoing basis, ensuring the
Department functions with transparency, operates with a
commitment to centering racial equity and to meaningful
inclusion of parent, early childhood service provider, and

10300HB5451ham001 - 7 - LRB103 39421 KTG 70845 a
other public stakeholder engagement, feedback, and counsel,
including the creation of committees or working groups, and
devotes appropriate attention to data collection and timely
public reporting. This advisory body's membership shall
include representation from both public and private
organizations, and its membership shall reflect the regional,
racial, socioeconomic, and cultural diversity of the State to
ensure representation of the needs of all Illinois children
and families.
ARTICLE 10. POWERS AND DUTIES RELATING TO EARLY INTERVENTION
SERVICES
Section 10-5. Transition planning. Beginning July 1, 2024,
the Department of Early Childhood and the Department of Human
Services shall collaborate and plan for the transition of
administrative responsibilities as prescribed in the Early
Intervention Services System Act.
Section 10-10. Legislative findings and policy.
(a) The General Assembly finds that there is an urgent and
substantial need to:
(1) enhance the development of all eligible infants
and toddlers in the State of Illinois in order to minimize
developmental delay and maximize individual potential for
adult independence;

10300HB5451ham001 - 8 - LRB103 39421 KTG 70845 a
(2) enhance the capacity of families to meet the
special needs of eligible infants and toddlers including
the purchase of services when necessary;
(3) reduce educational costs by minimizing the need
for special education and related services when eligible
infants and toddlers reach school age;
(4) enhance the independence, productivity and
integration with age-appropriate peers of eligible
children and their families;
(5) reduce social services costs and minimize the need
for institutionalization; and
(6) prevent secondary impairments and disabilities by
improving the health of infants and toddlers, thereby
reducing health costs for the families and the State.
(b) The General Assembly therefore intends that the
policy of this State shall be to:
(1) affirm the importance of the family in all areas
of the child's development and reinforce the role of the
family as a participant in the decision-making processes
regarding their child;
(2) provide assistance and support to eligible infants
and toddlers and their families to address the individual
concerns and decisions of each family;
(3) develop and implement, on a statewide basis,
locally based comprehensive, coordinated,
interdisciplinary, interagency early intervention

10300HB5451ham001 - 9 - LRB103 39421 KTG 70845 a
services for all eligible infants and toddlers;
(4) enhance the local communities' capacity to provide
an array of quality early intervention services;
(5) identify and coordinate all available resources
for early intervention within the State including those
from federal, State, local and private sources;
(6) provide financial and technical assistance to
local communities for the purposes of coordinating early
intervention services in local communities and enhancing
the communities' capacity to provide individualized early
intervention services to all eligible infants and toddlers
in their homes or in community environments; and
(7) affirm that eligible infants and toddlers have a
right to receive early intervention services to the
maximum extent appropriate, in natural environments in
which infants and toddlers without disabilities would
participate.
(c) The General Assembly further finds that early
intervention services are cost-effective and effectively serve
the developmental needs of eligible infants and toddlers and
their families. Therefore, the purpose of this Act is to
provide a comprehensive, coordinated, interagency,
interdisciplinary early intervention services system for
eligible infants and toddlers and their families by enhancing
the capacity to provide quality early intervention services,
expanding and improving existing services, and facilitating

10300HB5451ham001 - 10 - LRB103 39421 KTG 70845 a
coordination of payments for early intervention services from
various public and private sources.
Section 10-15. Definitions. As used in this Act:
(a) "Eligible infants and toddlers" means infants and
toddlers under 36 months of age with any of the following
conditions:
(1) Developmental delays.
(2) A physical or mental condition which typically
results in developmental delay.
(3) Being at risk of having substantial developmental
delays based on informed clinical opinion.
(4) Either (A) having entered the program under any of
the circumstances listed in paragraphs (1) through (3) of
this subsection but no longer meeting the current
eligibility criteria under those paragraphs, and
continuing to have any measurable delay, or (B) not having
attained a level of development in each area, including
(i) cognitive, (ii) physical (including vision and
hearing), (iii) language, speech, and communication, (iv)
social or emotional, or (v) adaptive, that is at least at
the mean of the child's age equivalent peers; and, in
addition to either item (A) or item (B), (C) having been
determined by the multidisciplinary individualized family
service plan team to require the continuation of early
intervention services in order to support continuing

10300HB5451ham001 - 11 - LRB103 39421 KTG 70845 a
developmental progress, pursuant to the child's needs and
provided in an appropriate developmental manner. The type,
frequency, and intensity of services shall differ from the
initial individualized family services plan because of the
child's developmental progress, and may consist of only
service coordination, evaluation, and assessments.
"Eligible infants and toddlers" includes any child under
the age of 3 who is the subject of a substantiated case of
child abuse or neglect as defined in the federal Child Abuse
Prevention and Treatment Act.
(b) "Developmental delay" means a delay in one or more of
the following areas of childhood development as measured by
appropriate diagnostic instruments and standard procedures:
cognitive; physical, including vision and hearing; language,
speech and communication; social or emotional; or adaptive.
The term means a delay of 30% or more below the mean in
function in one or more of those areas.
(c) "Physical or mental condition which typically results
in developmental delay" means:
(1) a diagnosed medical disorder or exposure to a
toxic substance bearing a relatively well known expectancy
for developmental outcomes within varying ranges of
developmental disabilities; or
(2) a history of prenatal, perinatal, neonatal or
early developmental events suggestive of biological
insults to the developing central nervous system and which

10300HB5451ham001 - 12 - LRB103 39421 KTG 70845 a
either singly or collectively increase the probability of
developing a disability or delay based on a medical
history.
(d) "Informed clinical opinion" means both clinical
observations and parental participation to determine
eligibility by a consensus of a multidisciplinary team of 2 or
more members based on their professional experience and
expertise.
(e) "Early intervention services" means services which:
(1) are designed to meet the developmental needs of
each child eligible under this Act and the needs of his or
her family;
(2) are selected in collaboration with the child's
family;
(3) are provided under public supervision;
(4) are provided at no cost except where a schedule of
sliding scale fees or other system of payments by families
has been adopted in accordance with State and federal law;
(5) are designed to meet an infant's or toddler's
developmental needs in any of the following areas:
(A) physical development, including vision and
hearing,
(B) cognitive development,
(C) communication development,
(D) social or emotional development, or
(E) adaptive development;

10300HB5451ham001 - 13 - LRB103 39421 KTG 70845 a
(6) meet the standards of the State, including the
requirements of this Act;
(7) include one or more of the following:
(A) family training,
(B) social work services, including counseling,
and home visits,
(C) special instruction,
(D) speech, language pathology and audiology,
(E) occupational therapy,
(F) physical therapy,
(G) psychological services,
(H) service coordination services,
(I) medical services only for diagnostic or
evaluation purposes,
(J) early identification, screening, and
assessment services,
(K) health services specified by the lead agency
as necessary to enable the infant or toddler to
benefit from the other early intervention services,
(L) vision services,
(M) transportation,
(N) assistive technology devices and services,
(O) nursing services,
(P) nutrition services, and
(Q) sign language and cued language services;
(8) are provided by qualified personnel, including but

10300HB5451ham001 - 14 - LRB103 39421 KTG 70845 a
not limited to:
(A) child development specialists or special
educators, including teachers of children with hearing
impairments (including deafness) and teachers of
children with vision impairments (including
blindness),
(B) speech and language pathologists and
audiologists,
(C) occupational therapists,
(D) physical therapists,
(E) social workers,
(F) nurses,
(G) dietitian nutritionists,
(H) vision specialists, including ophthalmologists
and optometrists,
(I) psychologists, and
(J) physicians;
(9) are provided in conformity with an Individualized
Family Service Plan;
(10) are provided throughout the year; and
(11) are provided in natural environments, to the
maximum extent appropriate, which may include the home and
community settings, unless justification is provided
consistent with federal regulations adopted under Sections
1431 through 1444 of Title 20 of the United States Code.
(f) "Individualized Family Service Plan" or "Plan" means a

10300HB5451ham001 - 15 - LRB103 39421 KTG 70845 a
written plan for providing early intervention services to a
child eligible under this Act and the child's family, as set
forth in Section 10-65.
(g) "Local interagency agreement" means an agreement
entered into by local community and State and regional
agencies receiving early intervention funds directly from the
State and made in accordance with State interagency agreements
providing for the delivery of early intervention services
within a local community area.
(h) "Council" means the Illinois Interagency Council on
Early Intervention established under Section 10-30.
(i) "Lead agency" means the State agency responsible for
administering this Act and receiving and disbursing public
funds received in accordance with State and federal law and
rules.
(i-5) "Central billing office" means the central billing
office created by the lead agency under Section 10-75.
(j) "Child find" means a service which identifies eligible
infants and toddlers.
(k) "Regional intake entity" means the lead agency's
designated entity responsible for implementation of the Early
Intervention Services System within its designated geographic
area.
(l) "Early intervention provider" means an individual who
is qualified, as defined by the lead agency, to provide one or
more types of early intervention services, and who has

10300HB5451ham001 - 16 - LRB103 39421 KTG 70845 a
enrolled as a provider in the early intervention program.
(m) "Fully credentialed early intervention provider" means
an individual who has met the standards in the State
applicable to the relevant profession, and has met such other
qualifications as the lead agency has determined are suitable
for personnel providing early intervention services, including
pediatric experience, education, and continuing education. The
lead agency shall establish these qualifications by rule filed
no later than 180 days after the effective date of this Act.
(n) "Telehealth" has the meaning given to that term in
Section 5 of the Telehealth Act.
(o) "Department" means Department of Early Childhood
unless otherwise specified.
Section 10-25. Services delivered by telehealth. An early
intervention provider may deliver via telehealth any type of
early intervention service outlined in subsection (e) of
Section 10-15 to the extent of the early intervention
provider's scope of practice as established in the provider's
respective licensing Act consistent with the standards of care
for in-person services. This Section shall not be construed to
alter the scope of practice of any early intervention provider
or authorize the delivery of early intervention services in a
setting or in a manner not otherwise authorized by the laws of
this State.

10300HB5451ham001 - 17 - LRB103 39421 KTG 70845 a
Section 10-30. Illinois Interagency Council on Early
Intervention.
(a) There is established the Illinois Interagency Council
on Early Intervention. The Council shall be composed of at
least 20 but not more than 30 members. The members of the
Council and the designated chairperson of the Council shall be
appointed by the Governor. The Council member representing the
lead agency may not serve as chairperson of the Council. On and
after July 1, 2026, the Council shall be composed of the
following members:
(1) The Secretary of Early Childhood (or the Secretary's
designee) and 2 additional representatives of the Department
of Early Childhood designated by the Secretary, plus the
Directors (or their designees) of the following State agencies
involved in the provision of or payment for early intervention
services to eligible infants and toddlers and their families:
(A) Department of Insurance; and
(B) Department of Healthcare and Family Services.
(2) Other members as follows:
(A) At least 20% of the members of the Council shall be
parents, including minority parents, of infants or
toddlers with disabilities or children with disabilities
aged 12 or younger, with knowledge of, or experience with,
programs for infants and toddlers with disabilities. At
least one such member shall be a parent of an infant or
toddler with a disability or a child with a disability

10300HB5451ham001 - 18 - LRB103 39421 KTG 70845 a
aged 6 or younger;
(B) At least 20% of the members of the Council shall be
public or private providers of early intervention
services;
(C) One member shall be a representative of the
General Assembly;
(D) One member shall be involved in the preparation of
professional personnel to serve infants and toddlers
similar to those eligible for services under this Act;
(E) Two members shall be from advocacy organizations
with expertise in improving health, development, and
educational outcomes for infants and toddlers with
disabilities;
(F) One member shall be a Child and Family Connections
manager from a rural district;
(G) One member shall be a Child and Family Connections
manager from an urban district;
(H) One member shall be the co-chair of the Illinois
Early Learning Council (or their designee); and
(I) Members representing the following agencies or
entities: the Department of Human Services; the State
Board of Education; the Department of Public Health; the
Department of Children and Family Services; the University
of Illinois Division of Specialized Care for Children; the
Illinois Council on Developmental Disabilities; Head Start
or Early Head Start; and the Department of Human Services'

10300HB5451ham001 - 19 - LRB103 39421 KTG 70845 a
Division of Mental Health. A member may represent one or
more of the listed agencies or entities.
The Council shall meet at least quarterly and in such
places as it deems necessary. The Council shall be a
continuation of the Council that was created under Section 4
of the Early Intervention Services System Act and that is
repealed on July 1, 2026 by Section 20.1 of the Early
Intervention Services System Act. Members serving on June 30,
2026 who have served more than 2 consecutive terms shall
continue to serve on the Council on and after July 1, 2026.
Once appointed, members shall continue to serve until their
successors are appointed. Successors appointed under paragraph
(2) shall serve 3-year terms. No member shall be appointed to
serve more than 2 consecutive terms.
Council members shall serve without compensation but shall
be reimbursed for reasonable costs incurred in the performance
of their duties, including costs related to child care, and
parents may be paid a stipend in accordance with applicable
requirements.
The Council shall prepare and approve a budget using funds
appropriated for the purpose to hire staff, and obtain the
services of such professional, technical, and clerical
personnel as may be necessary to carry out its functions under
this Act. This funding support and staff shall be directed by
the lead agency.
(b) The Council shall:

10300HB5451ham001 - 20 - LRB103 39421 KTG 70845 a
(1) advise and assist the lead agency in the
performance of its responsibilities including but not
limited to the identification of sources of fiscal and
other support services for early intervention programs,
and the promotion of interagency agreements which assign
financial responsibility to the appropriate agencies;
(2) advise and assist the lead agency in the
preparation of applications and amendments to
applications;
(3) review and advise on relevant rules and standards
proposed by the related State agencies;
(4) advise and assist the lead agency in the
development, implementation and evaluation of the
comprehensive early intervention services system;
(4.5) coordinate and collaborate with State
interagency early learning initiatives, as appropriate;
and
(5) prepare and submit an annual report to the
Governor and to the General Assembly on the status of
early intervention programs for eligible infants and
toddlers and their families in Illinois. The annual report
shall include (i) the estimated number of eligible infants
and toddlers in this State, (ii) the number of eligible
infants and toddlers who have received services under this
Act and the cost of providing those services, and (iii)
the estimated cost of providing services under this Act to

10300HB5451ham001 - 21 - LRB103 39421 KTG 70845 a
all eligible infants and toddlers in this State. The
report shall be posted by the lead agency on the early
intervention website as required under paragraph (f) of
Section 10-35 of this Act.
No member of the Council shall cast a vote on or
participate substantially in any matter which would provide a
direct financial benefit to that member or otherwise give the
appearance of a conflict of interest under State law. All
provisions and reporting requirements of the Illinois
Governmental Ethics Act shall apply to Council members.
Section 10-35. Lead agency. Through June 30, 2026, the
Department of Human Services is designated the lead agency and
shall provide leadership in establishing and implementing the
coordinated, comprehensive, interagency and interdisciplinary
system of early intervention services. On and after July 1,
2026, the Department of Early Childhood is designated the lead
agency and shall provide leadership in establishing and
implementing the coordinated, comprehensive, interagency and
interdisciplinary system of early intervention services. The
lead agency shall not have the sole responsibility for
providing these services. Each participating State agency
shall continue to coordinate those early intervention services
relating to health, social service and education provided
under this authority.
The lead agency is responsible for carrying out the

10300HB5451ham001 - 22 - LRB103 39421 KTG 70845 a
following:
(a) The general administration, supervision, and
monitoring of programs and activities receiving assistance
under Section 673 of the Individuals with Disabilities
Education Act (20 United States Code 1473).
(b) The identification and coordination of all
available resources within the State from federal, State,
local and private sources.
(c) The development of procedures to ensure that
services are provided to eligible infants and toddlers and
their families in a timely manner pending the resolution
of any disputes among public agencies or service
providers.
(d) The resolution of intra-agency and interagency
regulatory and procedural disputes.
(e) The development and implementation of formal
interagency agreements, and the entry into such
agreements, between the lead agency and (i) the Department
of Healthcare and Family Services, (ii) the University of
Illinois Division of Specialized Care for Children, and
(iii) other relevant State agencies that:
(1) define the financial responsibility of each
agency for paying for early intervention services
(consistent with existing State and federal law and
rules, including the requirement that early
intervention funds be used as the payor of last

10300HB5451ham001 - 23 - LRB103 39421 KTG 70845 a
resort), a hierarchical order of payment as among the
agencies for early intervention services that are
covered under or may be paid by programs in other
agencies, and procedures for direct billing,
collecting reimbursements for payments made, and
resolving service and payment disputes; and
(2) include all additional components necessary to
ensure meaningful cooperation and coordination. By
January 31, 2027, interagency agreements under this
paragraph (e) must be reviewed and revised to
implement the purposes of this Act.
(f) The maintenance of an early intervention website.
The lead agency shall post and keep posted on this website
the following: (i) the current annual report required
under subdivision (b)(5) of Section 10-30 of this Act, and
the annual reports of the prior 3 years, (ii) the most
recent Illinois application for funds prepared under
Section 637 of the Individuals with Disabilities Education
Act filed with the United States Department of Education,
(iii) proposed modifications of the application prepared
for public comment, (iv) notice of Council meetings,
Council agendas, and minutes of its proceedings for at
least the previous year, (v) proposed and final early
intervention rules, and (vi) all reports created for
dissemination to the public that are related to the early
intervention program, including reports prepared at the

10300HB5451ham001 - 24 - LRB103 39421 KTG 70845 a
request of the Council and the General Assembly. Each such
document shall be posted on the website within 3 working
days after the document's completion.
(g) Before adopting any new policy or procedure
(including any revisions to an existing policy or
procedure) needed to comply with Part C of the Individuals
with Disabilities Education Act, the lead agency must hold
public hearings on the new policy or procedure, provide
notice of the hearings at least 30 days before the
hearings are conducted to enable public participation, and
provide an opportunity for the general public, including
individuals with disabilities and parents of infants and
toddlers with disabilities, early intervention providers,
and members of the Council to comment for at least 30 days
on the new policy or procedure needed to comply with Part C
of the Individuals with Disabilities Education Act and
with 34 CFR Part 300 and Part 303.
Section 10-40. Local structure and interagency councils.
The lead agency, in conjunction with the Council and as
defined by administrative rule, shall define local service
areas and define the geographic boundaries of each so that all
areas of the State are included in a local service area but no
area of the State is included in more than one service area. In
each local service area, the lead agency shall designate a
regional entity responsible for the assessment of eligibility

10300HB5451ham001 - 25 - LRB103 39421 KTG 70845 a
and services and a local interagency council responsible for
coordination and design of child find and public awareness.
The regional entity shall be responsible for staffing the
local council, carrying out child find and public awareness
activities, and providing advocacy for eligible families
within the given geographic area. The regional entity is the
prime contractor responsible to the lead agency for
implementation of this Act.
The lead agency, in conjunction with the Council, shall
create local interagency councils. Members of each local
interagency council shall include, but not be limited to, the
following: parents; representatives from coordination and
advocacy service providers; local education agencies; other
local public and private service providers; representatives
from State agencies at the local level; and others deemed
necessary by the local council.
Local interagency councils shall:
(a) assist in the development of collaborative
agreements between local service providers, diagnostic and
other agencies providing additional services to the child
and family;
(b) assist in conducting local needs assessments and
planning efforts;
(c) identify and resolve local access issues;
(d) conduct collaborative child find activities;
(e) coordinate public awareness initiatives;

10300HB5451ham001 - 26 - LRB103 39421 KTG 70845 a
(f) coordinate local planning and evaluation;
(g) assist in the recruitment of specialty personnel;
(h) develop plans for facilitating transition and
integration of eligible children and families into the
community;
(i) facilitate conflict resolution at the local level;
and
(j) report annually to the Council.
Section 10-45. Essential components of the statewide
service system. As required by federal laws and regulations, a
statewide system of coordinated, comprehensive, interagency
and interdisciplinary programs shall be established and
maintained. The framework of the statewide system shall be
based on the components set forth in this Section. This
framework shall be used for planning, implementation,
coordination and evaluation of the statewide system of locally
based early intervention services.
The statewide system shall include, at a minimum:
(a) a definition of the term "developmentally
delayed", in accordance with the definition in Section
10-15, that will be used in Illinois in carrying out
programs under this Act;
(b) timetables for ensuring that appropriate early
intervention services, based on scientifically based
research, to the extent practicable, will be available to

10300HB5451ham001 - 27 - LRB103 39421 KTG 70845 a
all eligible infants and toddlers in this State after the
effective date of this Act;
(c) a timely, comprehensive, multidisciplinary
evaluation of each potentially eligible infant and toddler
in this State, unless the child meets the definition of
eligibility based upon his or her medical and other
records; for a child determined eligible, a
multidisciplinary assessment of the unique strengths and
needs of that infant or toddler and the identification of
services appropriate to meet those needs and a
family-directed assessment of the resources, priorities,
and concerns of the family and the identification of
supports and services necessary to enhance the family's
capacity to meet the developmental needs of that infant or
toddler;
(d) for each eligible infant and toddler, an
Individualized Family Service Plan, including service
coordination (case management) services;
(e) a comprehensive child find system, consistent with
Part B of the Individuals with Disabilities Education Act
(20 United States Code 1411 through 1420 and as set forth
in 34 CFR 300.115), which includes timelines and provides
for participation by primary referral sources;
(f) a public awareness program focusing on early
identification of eligible infants and toddlers;
(g) a central directory which includes public and

10300HB5451ham001 - 28 - LRB103 39421 KTG 70845 a
private early intervention services, resources, and
experts available in this State, professional and other
groups (including parent support groups and training and
information centers) that provide assistance to infants
and toddlers with disabilities who are eligible for early
intervention programs assisted under Part C of the
Individuals with Disabilities Education Act and their
families, and research and demonstration projects being
conducted in this State relating to infants and toddlers
with disabilities;
(h) a comprehensive system of personnel development;
(i) a policy pertaining to the contracting or making
of other arrangements with public and private service
providers to provide early intervention services in this
State, consistent with the provisions of this Act,
including the contents of the application used and the
conditions of the contract or other arrangements;
(j) a procedure for securing timely reimbursement of
funds;
(k) procedural safeguards with respect to programs
under this Act;
(l) policies and procedures relating to the
establishment and maintenance of standards to ensure that
personnel necessary to carry out this Act are
appropriately and adequately prepared and trained;
(m) a system of evaluation of, and compliance with,

10300HB5451ham001 - 29 - LRB103 39421 KTG 70845 a
program standards;
(n) a system for compiling data on the numbers of
eligible infants and toddlers and their families in this
State in need of appropriate early intervention services;
the numbers served; the types of services provided; and
other information required by the State or federal
government; and
(o) a single line of responsibility in a lead agency
designated by the Governor to carry out its
responsibilities as required by this Act.
In addition to these required components, linkages may be
established within a local community area among the prenatal
initiatives affording services to high risk pregnant women.
Additional linkages among at risk programs and local literacy
programs may also be established.
On and after July 1, 2026, the Department of Early
Childhood shall continue implementation of the 5-fiscal-year
implementation plan that was created by the Department of
Human Services with the concurrence of the Interagency Council
on Early Intervention. The plan shall list specific activities
to be accomplished each year, with cost estimates for each
activity. The lead agency shall, with the concurrence of the
Interagency Council, submit to the Governor's Office a report
on accomplishments of the previous year and a revised list of
activities for the remainder of the 5-fiscal-year plan, with
cost estimates for each. The Governor shall certify that

10300HB5451ham001 - 30 - LRB103 39421 KTG 70845 a
specific activities in the plan for the previous year have
been substantially completed before authorizing relevant State
or local agencies to implement activities listed in the
revised plan that depend substantially upon completion of one
or more of the earlier activities.
Section 10-50. Authority to adopt rules. The lead agency
shall adopt rules under this Act. These rules shall reflect
the intent of federal regulations adopted under Part C of the
Individuals with Disabilities Education Improvement Act of
2004 (Sections 1431 through 1444 of Title 20 of the United
States Code).
Section 10-55. Role of other State entities. The
Departments of Public Health, Early Childhood, Human Services,
Children and Family Services, and Healthcare and Family
Services; the University of Illinois Division of Specialized
Care for Children; the State Board of Education; and any other
State agency which directly or indirectly provides or
administers early intervention services shall adopt compatible
rules for the provision of services to eligible infants and
toddlers and their families by July 1, 2026.
These agencies shall enter into and maintain formal
interagency agreements to enable the State and local agencies
serving eligible children and their families to establish
working relationships that will increase the efficiency and

10300HB5451ham001 - 31 - LRB103 39421 KTG 70845 a
effectiveness of their early intervention services. The
agreements shall outline the administrative, program and
financial responsibilities of the relevant State agencies and
shall implement a coordinated service delivery system through
local interagency agreements.
There shall be created in the Office of the Governor an
Early Childhood Intervention Ombudsman to assist families and
local parties in ensuring that all State agencies serving
eligible families do so in a comprehensive and collaborative
manner. The Governor shall appoint the Ombudsman, which shall
be a continuation of the position that was created under
Section 9 of the Early Intervention Services System Act and
that is repealed on July 1, 2026 by Section 20.1 of the Early
Intervention Services System Act.
Section 10-60. Standards. The Council and the lead agency,
with assistance from parents and providers, shall develop and
promulgate policies and procedures relating to the
establishment and implementation of program and personnel
standards to ensure that services provided are consistent with
any State-approved or recognized certification, licensing,
registration, or other comparable requirements which apply to
the area of early intervention program service standards. Only
State-approved public or private early intervention service
providers shall be eligible to receive State and federal
funding for early intervention services. All early childhood

10300HB5451ham001 - 32 - LRB103 39421 KTG 70845 a
intervention staff shall hold the highest entry requirement
necessary for that position.
To be a State-approved early intervention service
provider, an individual (i) shall not have served or
completed, within the preceding 5 years, a sentence for
conviction of any felony that the lead agency establishes by
rule and (ii) shall not have been indicated as a perpetrator of
child abuse or neglect, within the preceding 5 years, in an
investigation by Illinois (pursuant to the Abused and
Neglected Child Reporting Act) or another state. The Lead
Agency is authorized to receive criminal background checks for
such providers and persons applying to be such a provider and
to receive child abuse and neglect reports regarding indicated
perpetrators who are applying to provide or currently
authorized to provide early intervention services in Illinois.
Beginning January 1, 2004, every provider of State-approved
early intervention services and every applicant to provide
such services must authorize, in writing and in the form
required by the lead agency, a State and FBI criminal
background check, as requested by the Department, and check of
child abuse and neglect reports regarding the provider or
applicant as a condition of authorization to provide early
intervention services. The lead agency shall use the results
of the checks only to determine State approval of the early
intervention service provider and shall not re-release the
information except as necessary to accomplish that purpose.

10300HB5451ham001 - 33 - LRB103 39421 KTG 70845 a
Section 10-65. Individualized Family Service Plans.
(a) Each eligible infant or toddler and that infant's or
toddler's family shall receive:
(1) timely, comprehensive, multidisciplinary
assessment of the unique strengths and needs of each
eligible infant and toddler, and assessment of the
concerns and priorities of the families to appropriately
assist them in meeting their needs and identify supports
and services to meet those needs; and
(2) a written Individualized Family Service Plan
developed by a multidisciplinary team which includes the
parent or guardian. The individualized family service plan
shall be based on the multidisciplinary team's assessment
of the resources, priorities, and concerns of the family
and its identification of the supports and services
necessary to enhance the family's capacity to meet the
developmental needs of the infant or toddler, and shall
include the identification of services appropriate to meet
those needs, including the frequency, intensity, and
method of delivering services. During and as part of the
initial development of the individualized family services
plan, and any periodic reviews of the plan, the
multidisciplinary team may seek consultation from the lead
agency's designated experts, if any, to help determine
appropriate services and the frequency and intensity of

10300HB5451ham001 - 34 - LRB103 39421 KTG 70845 a
those services. All services in the individualized family
services plan must be justified by the multidisciplinary
assessment of the unique strengths and needs of the infant
or toddler and must be appropriate to meet those needs. At
the periodic reviews, the team shall determine whether
modification or revision of the outcomes or services is
necessary.
(b) The Individualized Family Service Plan shall be
evaluated once a year and the family shall be provided a review
of the Plan at 6-month intervals or more often where
appropriate based on infant or toddler and family needs. The
lead agency shall create a quality review process regarding
Individualized Family Service Plan development and changes
thereto, to monitor and help ensure that resources are being
used to provide appropriate early intervention services.
(c) The initial evaluation and initial assessment and
initial Plan meeting must be held within 45 days after the
initial contact with the early intervention services system.
The 45-day timeline does not apply for any period when the
child or parent is unavailable to complete the initial
evaluation, the initial assessments of the child and family,
or the initial Plan meeting, due to exceptional family
circumstances that are documented in the child's early
intervention records, or when the parent has not provided
consent for the initial evaluation or the initial assessment
of the child despite documented, repeated attempts to obtain

10300HB5451ham001 - 35 - LRB103 39421 KTG 70845 a
parental consent. As soon as exceptional family circumstances
no longer exist or parental consent has been obtained, the
initial evaluation, the initial assessment, and the initial
Plan meeting must be completed as soon as possible. With
parental consent, early intervention services may commence
before the completion of the comprehensive assessment and
development of the Plan. All early intervention services shall
be initiated as soon as possible but not later than 30 calendar
days after the consent of the parent or guardian has been
obtained for the individualized family service plan, in
accordance with rules adopted by the lead agency.
(d) Parents must be informed that early intervention
services shall be provided to each eligible infant and
toddler, to the maximum extent appropriate, in the natural
environment, which may include the home or other community
settings. Parents must also be informed of the availability of
early intervention services provided through telehealth
services. Parents shall make the final decision to accept or
decline early intervention services, including whether
accepted services are delivered in person or via telehealth
services. A decision to decline such services shall not be a
basis for administrative determination of parental fitness, or
other findings or sanctions against the parents. Parameters of
the Plan shall be set forth in rules.
(e) The regional intake offices shall explain to each
family, orally and in writing, all of the following:

10300HB5451ham001 - 36 - LRB103 39421 KTG 70845 a
(1) That the early intervention program will pay for
all early intervention services set forth in the
individualized family service plan that are not covered or
paid under the family's public or private insurance plan
or policy and not eligible for payment through any other
third party payor.
(2) That services will not be delayed due to any rules
or restrictions under the family's insurance plan or
policy.
(3) That the family may request, with appropriate
documentation supporting the request, a determination of
an exemption from private insurance use under Section
10-100.
(4) That responsibility for co-payments or
co-insurance under a family's private insurance plan or
policy will be transferred to the lead agency's central
billing office.
(5) That families will be responsible for payments of
family fees, which will be based on a sliding scale
according to the State's definition of ability to pay
which is comparing household size and income to the
sliding scale and considering out-of-pocket medical or
disaster expenses, and that these fees are payable to the
central billing office. Families who fail to provide
income information shall be charged the maximum amount on
the sliding scale.

10300HB5451ham001 - 37 - LRB103 39421 KTG 70845 a
(f) The individualized family service plan must state
whether the family has private insurance coverage and, if the
family has such coverage, must have attached to it a copy of
the family's insurance identification card or otherwise
include all of the following information:
(1) The name, address, and telephone number of the
insurance carrier.
(2) The contract number and policy number of the
insurance plan.
(3) The name, address, and social security number of
the primary insured.
(4) The beginning date of the insurance benefit year.
(g) A copy of the individualized family service plan must
be provided to each enrolled provider who is providing early
intervention services to the child who is the subject of that
plan.
(h) Children receiving services under this Act shall
receive a smooth and effective transition by their third
birthday consistent with federal regulations adopted pursuant
to Sections 1431 through 1444 of Title 20 of the United States
Code. Beginning January 1, 2022, children who receive early
intervention services prior to their third birthday and are
found eligible for an individualized education program under
the Individuals with Disabilities Education Act, 20 U.S.C.
1414(d)(1)(A), and under Section 14-8.02 of the School Code
and whose birthday falls between May 1 and August 31 may

10300HB5451ham001 - 38 - LRB103 39421 KTG 70845 a
continue to receive early intervention services until the
beginning of the school year following their third birthday in
order to minimize gaps in services, ensure better continuity
of care, and align practices for the enrollment of preschool
children with special needs to the enrollment practices of
typically developing preschool children.
Section 10-70. Procedural safeguards. The lead agency
shall adopt procedural safeguards that meet federal
requirements and ensure effective implementation of the
safeguards for families by each public agency involved in the
provision of early intervention services under this Act.
The procedural safeguards shall provide, at a minimum, the
following:
(a) The timely administrative resolution of State
complaints, due process hearings, and mediations as defined by
administrative rule.
(b) The right to confidentiality of personally
identifiable information.
(c) The opportunity for parents and a guardian to examine
and receive copies of records relating to evaluations and
assessments, screening, eligibility determinations, and the
development and implementation of the Individualized Family
Service Plan provision of early intervention services,
individual complaints involving the child, or any part of the
child's early intervention record.

10300HB5451ham001 - 39 - LRB103 39421 KTG 70845 a
(d) Procedures to protect the rights of the eligible
infant or toddler whenever the parents or guardians of the
child are not known or unavailable or the child is a youth in
care as defined in Section 4d of the Children and Family
Services Act, including the assignment of an individual (who
shall not be an employee of the State agency or local agency
providing services) to act as a surrogate for the parents or
guardian. The regional intake entity must make reasonable
efforts to ensure the assignment of a surrogate parent not
more than 30 days after a public agency determines that the
child needs a surrogate parent.
(e) Timely written prior notice to the parents or guardian
of the eligible infant or toddler whenever the State agency or
public or private service provider proposes to initiate or
change or refuses to initiate or change the identification,
evaluation, placement, or the provision of appropriate early
intervention services to the eligible infant or toddler.
(f) Written prior notice to fully inform the parents or
guardians, in their native language or mode of communication
used by the parent, unless clearly not feasible to do so, in a
comprehensible manner, of these procedural safeguards.
(g) During the pendency of any State complaint procedure,
due process hearing, or mediation involving a complaint,
unless the State agency and the parents or guardian otherwise
agree, the child shall continue to receive the appropriate
early intervention services currently being provided, or in

10300HB5451ham001 - 40 - LRB103 39421 KTG 70845 a
the case of an application for initial services, the child
shall receive the services not in dispute.
Section 10-75. Funding and fiscal responsibility.
(a) The lead agency and every other participating State
agency may receive and expend funds appropriated by the
General Assembly to implement the early intervention services
system as required by this Act.
(b) The lead agency and each participating State agency
shall identify and report on an annual basis to the Council the
State agency funds used for the provision of early
intervention services to eligible infants and toddlers.
(c) Funds provided under Section 633 of the Individuals
with Disabilities Education Act (20 United States Code 1433)
and State funds designated or appropriated for early
intervention services or programs may not be used to satisfy a
financial commitment for services which would have been paid
for from another public or private source but for the
enactment of this Act, except whenever considered necessary to
prevent delay in receiving appropriate early intervention
services by the eligible infant or toddler or family in a
timely manner. "Public or private source" includes public and
private insurance coverage.
Funds provided under Section 633 of the Individuals with
Disabilities Education Act and State funds designated or
appropriated for early intervention services or programs may

10300HB5451ham001 - 41 - LRB103 39421 KTG 70845 a
be used by the lead agency to pay the provider of services (A)
pending reimbursement from the appropriate State agency or (B)
if (i) the claim for payment is denied in whole or in part by a
public or private source, or would be denied under the written
terms of the public program or plan or private plan, or (ii)
use of private insurance for the service has been exempted
under Section 10-100. Payment under item (B)(i) may be made
based on a pre-determination telephone inquiry supported by
written documentation of the denial supplied thereafter by the
insurance carrier.
(d) Nothing in this Act shall be construed to permit the
State to reduce medical or other assistance available or to
alter eligibility under Title V and Title XIX of the Social
Security Act relating to the Maternal Child Health Program and
Medicaid for eligible infants and toddlers in this State.
(e) The lead agency shall create a central billing office
to receive and dispense all relevant State and federal
resources, as well as local government or independent
resources available, for early intervention services. This
office shall assure that maximum federal resources are
utilized and that providers receive funds with minimal
duplications or interagency reporting and with consolidated
audit procedures.
(f) The lead agency shall, by rule, create a system of
payments by families, including a schedule of fees. No fees,
however, may be charged for implementing child find,

10300HB5451ham001 - 42 - LRB103 39421 KTG 70845 a
evaluation and assessment, service coordination,
administrative and coordination activities related to the
development, review, and evaluation of Individualized Family
Service Plans, or the implementation of procedural safeguards
and other administrative components of the statewide early
intervention system.
The system of payments, called family fees, shall be
structured on a sliding scale based on the family's ability to
pay. The family's coverage or lack of coverage under a public
or private insurance plan or policy shall not be a factor in
determining the amount of the family fees.
Each family's fee obligation shall be established
annually, and shall be paid by families to the central billing
office in installments. At the written request of the family,
the fee obligation shall be adjusted prospectively at any
point during the year upon proof of a change in family income
or family size. The inability of the parents of an eligible
child to pay family fees due to catastrophic circumstances or
extraordinary expenses shall not result in the denial of
services to the child or the child's family. A family must
document its extraordinary expenses or other catastrophic
circumstances by showing one of the following: (i)
out-of-pocket medical expenses in excess of 15% of gross
income; (ii) a fire, flood, or other disaster causing a direct
out-of-pocket loss in excess of 15% of gross income; or (iii)
other catastrophic circumstances causing out-of-pocket losses

10300HB5451ham001 - 43 - LRB103 39421 KTG 70845 a
in excess of 15% of gross income. The family must present proof
of loss to its service coordinator, who shall document it, and
the lead agency shall determine whether the fees shall be
reduced, forgiven, or suspended within 10 business days after
the family's request.
(g) To ensure that early intervention funds are used as
the payor of last resort for early intervention services, the
lead agency shall determine at the point of early intervention
intake, and again at any periodic review of eligibility
thereafter or upon a change in family circumstances, whether
the family is eligible for or enrolled in any program for which
payment is made directly or through public or private
insurance for any or all of the early intervention services
made available under this Act. The lead agency shall establish
procedures to ensure that payments are made either directly
from these public and private sources instead of from State or
federal early intervention funds, or as reimbursement for
payments previously made from State or federal early
intervention funds.
Section 10-80. Other programs.
(a) When an application or a review of eligibility for
early intervention services is made, and at any eligibility
redetermination thereafter, the family shall be asked if it is
currently enrolled in any federally funded, Department of
Healthcare and Family Services administered, medical programs,

10300HB5451ham001 - 44 - LRB103 39421 KTG 70845 a
or the Title V program administered by the University of
Illinois Division of Specialized Care for Children. If the
family is enrolled in any of these programs, that information
shall be put on the individualized family service plan and
entered into the computerized case management system, and
shall require that the individualized family services plan of
a child who has been found eligible for services through the
Division of Specialized Care for Children state that the child
is enrolled in that program. For those programs in which the
family is not enrolled, a preliminary eligibility screen shall
be conducted simultaneously for (i) medical assistance
(Medicaid) under Article V of the Illinois Public Aid Code,
(ii) children's health insurance program (any federally
funded, Department of Healthcare and Family Services
administered, medical programs) benefits under the Children's
Health Insurance Program Act, and (iii) Title V maternal and
child health services provided through the Division of
Specialized Care for Children of the University of Illinois.
(b) For purposes of determining family fees under
subsection (f) of Section 10-75 and determining eligibility
for the other programs and services specified in items (i)
through (iii) of subsection (a), the lead agency shall develop
and use, with the cooperation of the Department of Healthcare
and Family Services and the Division of Specialized Care for
Children of the University of Illinois, a screening device
that provides sufficient information for the early

10300HB5451ham001 - 45 - LRB103 39421 KTG 70845 a
intervention regional intake entities or other agencies to
establish eligibility for those other programs and shall, in
cooperation with the Illinois Department of Healthcare and
Family Services and the Division of Specialized Care for
Children, train the regional intake entities on using the
screening device.
(c) When a child is determined eligible for and enrolled
in the early intervention program and has been found to at
least meet the threshold income eligibility requirements for
any federally funded, Department of Healthcare and Family
Services administered, medical programs, the regional intake
entity shall complete an application for any federally funded,
Department of Healthcare and Family Services administered,
medical programs with the family and forward it to the
Department of Healthcare and Family Services for a
determination of eligibility. A parent shall not be required
to enroll in any federally funded, Department of Healthcare
and Family Services administered, medical programs as a
condition of receiving services provided pursuant to Part C of
the Individuals with Disabilities Education Act.
(d) With the cooperation of the Department of Healthcare
and Family Services, the lead agency shall establish
procedures that ensure the timely and maximum allowable
recovery of payments for all early intervention services and
allowable administrative costs under Article V of the Illinois
Public Aid Code and the Children's Health Insurance Program

10300HB5451ham001 - 46 - LRB103 39421 KTG 70845 a
Act and shall include those procedures in the interagency
agreement required under subsection (e) of Section 10-35 of
Article 10 of this Act.
(e) For purposes of making referrals for final
determinations of eligibility for any federally funded,
Department of Healthcare and Family Services administered,
medical programs benefits under the Children's Health
Insurance Program Act and for medical assistance under Article
V of the Illinois Public Aid Code, the lead agency shall
require each early intervention regional intake entity to
enroll as an application agent in order for the entity to
complete any federally funded, Department of Healthcare and
Family Services administered, medical programs application as
authorized under Section 22 of the Children's Health Insurance
Program Act.
(f) For purposes of early intervention services that may
be provided by the Division of Specialized Care for Children
of the University of Illinois (DSCC), the lead agency shall
establish procedures whereby the early intervention regional
intake entities may determine whether children enrolled in the
early intervention program may also be eligible for those
services, and shall develop, (i) the interagency agreement
required under subsection (e) of Section 10-35 of this Act,
establishing that early intervention funds are to be used as
the payor of last resort when services required under an
individualized family services plan may be provided to an

10300HB5451ham001 - 47 - LRB103 39421 KTG 70845 a
eligible child through the DSCC, and (ii) training guidelines
for the regional intake entities and providers that explain
eligibility and billing procedures for services through DSCC.
(g) The lead agency shall require that an individual
applying for or renewing enrollment as a provider of services
in the early intervention program state whether or not he or
she is also enrolled as a DSCC provider. This information
shall be noted next to the name of the provider on the
computerized roster of Illinois early intervention providers,
and regional intake entities shall make every effort to refer
families eligible for DSCC services to these providers.
Section 10-85. Private health insurance; assignment. The
lead agency shall determine, at the point of new applications
for early intervention services, and for all children enrolled
in the early intervention program, at the regional intake
offices, whether the child is insured under a private health
insurance plan or policy.
Section 10-90. Billing of insurance carrier.
(a) Subject to the restrictions against private insurance
use on the basis of material risk of loss of coverage, as
determined under Section 10-100, each enrolled provider who is
providing a family with early intervention services shall bill
the child's insurance carrier for each unit of early
intervention service for which coverage may be available. The

10300HB5451ham001 - 48 - LRB103 39421 KTG 70845 a
lead agency may exempt from the requirement of this paragraph
any early intervention service that it has deemed not to be
covered by insurance plans. When the service is not exempted,
providers who receive a denial of payment on the basis that the
service is not covered under any circumstance under the plan
are not required to bill that carrier for that service again
until the following insurance benefit year. That explanation
of benefits denying the claim, once submitted to the central
billing office, shall be sufficient to meet the requirements
of this paragraph as to subsequent services billed under the
same billing code provided to that child during that insurance
benefit year. Any time limit on a provider's filing of a claim
for payment with the central billing office that is imposed
through a policy, procedure, or rule of the lead agency shall
be suspended until the provider receives an explanation of
benefits or other final determination of the claim it files
with the child's insurance carrier.
(b) In all instances when an insurance carrier has been
billed for early intervention services, whether paid in full,
paid in part, or denied by the carrier, the provider must
provide the central billing office, within 90 days after
receipt, with a copy of the explanation of benefits form and
other information in the manner prescribed by the lead agency.
(c) When the insurance carrier has denied the claim or
paid an amount for the early intervention service billed that
is less than the current State rate for early intervention

10300HB5451ham001 - 49 - LRB103 39421 KTG 70845 a
services, the provider shall submit the explanation of
benefits with a claim for payment, and the lead agency shall
pay the provider the difference between the sum actually paid
by the insurance carrier for each unit of service provided
under the individualized family service plan and the current
State rate for early intervention services. The State shall
also pay the family's co-payment or co-insurance under its
plan, but only to the extent that those payments plus the
balance of the claim do not exceed the current State rate for
early intervention services. The provider may under no
circumstances bill the family for the difference between its
charge for services and that which has been paid by the
insurance carrier or by the State.
Section 10-95. Families with insurance coverage.
(a) Families of children with insurance coverage, whether
public or private, shall incur no greater or less direct
out-of-pocket expenses for early intervention services than
families who are not insured.
(b) Managed care plans.
(1) Use of managed care network providers. When a
family's insurance coverage is through a managed care
arrangement with a network of providers that includes one
or more types of early intervention specialists who
provide the services set forth in the family's
individualized family service plan, the regional intake

10300HB5451ham001 - 50 - LRB103 39421 KTG 70845 a
entity shall require the family to use those network
providers, but only to the extent that:
(A) the network provider is immediately available
to receive the referral and to begin providing
services to the child;
(B) the network provider is enrolled as a provider
in the Illinois early intervention system and fully
credentialed under the current policy or rule of the
lead agency;
(C) the network provider can provide the services
to the child in the manner required in the
individualized service plan;
(D) the family would not have to travel more than
an additional 15 miles or an additional 30 minutes to
the network provider than it would have to travel to a
non-network provider who is available to provide the
same service; and
(E) the family's managed care plan does not allow
for billing (even at a reduced rate or reduced
percentage of the claim) for early intervention
services provided by non-network providers.
(2) Transfers from non-network to network providers.
If a child has been receiving services from a non-network
provider and the regional intake entity determines, at the
time of enrollment in the early intervention program or at
any point thereafter, that the family is enrolled in a

10300HB5451ham001 - 51 - LRB103 39421 KTG 70845 a
managed care plan, the regional intake entity shall
require the family to transfer to a network provider
within 45 days after that determination, but within no
more than 60 days after the effective date of this Act, if:
(A) all the requirements of subdivision (b)(1) of
this Section have been met; and
(B) the child is less than 26 months of age.
(3) Waivers. The lead agency may fully or partially
waive the network enrollment requirements of subdivision
(b)(1) of this Section and the transfer requirements of
subdivision (b)(2) of this Section as to a particular
region, or narrower geographic area, if it finds that the
managed care plans in that area are not allowing further
enrollment of early intervention providers and it finds
that referrals or transfers to network providers could
cause an overall shortage of early intervention providers
in that region of the State or could cause delays in
families securing the early intervention services set
forth in individualized family services plans.
(4) The lead agency, in conjunction with any entities
with which it may have contracted for the training and
credentialing of providers, the local interagency council
for early intervention, the regional intake entity, and
the enrolled providers in each region who wish to
participate, shall cooperate in developing a matrix and
action plan that (A) identifies both (i) which early

10300HB5451ham001 - 52 - LRB103 39421 KTG 70845 a
intervention providers and which fully credentialed early
intervention providers are members of the managed care
plans that are used in the region by families with
children in the early intervention program, and (ii) which
early intervention services, with what restrictions, if
any, are covered under those plans, (B) identifies which
credentialed specialists are members of which managed care
plans in the region, and (C) identifies the various
managed care plans to early intervention providers,
encourages their enrollment in the area plans, and
provides them with information on how to enroll. These
matrices shall be complete no later than 7 months after
the effective date of this Act, and shall be provided to
the Early Intervention Legislative Advisory Committee at
that time. The lead agency shall work with networks that
may have closed enrollment to additional providers to
encourage their admission of early intervention providers,
and shall report to the Early Intervention Legislative
Advisory Committee on the initial results of these efforts
no later than February 1, 2002.
Section 10-100. Private insurance; exemption.
(a) The lead agency shall establish procedures for a
family whose child is eligible to receive early intervention
services to apply for an exemption restricting the use of its
private insurance plan or policy based on material risk of

10300HB5451ham001 - 53 - LRB103 39421 KTG 70845 a
loss of coverage as authorized under subsection (c) of this
Section.
(b) The lead agency shall make a final determination on a
request for an exemption within 10 business days after its
receipt of a written request for an exemption at the regional
intake entity. During those 10 days, no claims may be filed
against the insurance plan or policy. If the exemption is
granted, it shall be noted on the individualized family
service plan, and the family and the providers serving the
family shall be notified in writing of the exemption.
(c) An exemption may be granted on the basis of material
risk of loss of coverage only if the family submits
documentation with its request for an exemption that
establishes (i) that the insurance plan or policy covering the
child is an individually purchased plan or policy and has been
purchased by a head of a household that is not eligible for a
group medical insurance plan, (ii) that the policy or plan has
a lifetime cap that applies to one or more specific types of
early intervention services specified in the family's
individualized family service plan, and that coverage could be
exhausted during the period covered by the individualized
family service plan, or (iii) proof of another risk that the
lead agency, in its discretion, may have additionally
established and defined as a ground for exemption by rule.
(d) An exemption under this Section based on material risk
of loss of coverage may apply to all early intervention

10300HB5451ham001 - 54 - LRB103 39421 KTG 70845 a
services and all plans or policies insuring the child, may be
limited to one or more plans or policies, or may be limited to
one or more types of early intervention services in the
child's individualized family services plan.
Section 10-105. System of personnel development. The lead
agency shall provide training to early intervention providers
and may enter into contracts to meet this requirement in
accordance with Section 1-30(c) of this Act. This training
shall include, at minimum, the following types of instruction:
(a) Courses in birth-to-3 evaluation and treatment of
children with developmental disabilities and delays (1) that
are taught by fully credentialed early intervention providers
or educators with substantial experience in evaluation and
treatment of children from birth to age 3 with developmental
disabilities and delays, (2) that cover these topics within
each of the disciplines of audiology, occupational therapy,
physical therapy, speech and language pathology, and
developmental therapy, including the social-emotional domain
of development, (3) that are held no less than twice per year,
(4) that offer no fewer than 20 contact hours per year of
course work, (5) that are held in no fewer than 5 separate
locales throughout the State, and (6) that give enrollment
priority to early intervention providers who do not meet the
experience, education, or continuing education requirements
necessary to be fully credentialed early intervention

10300HB5451ham001 - 55 - LRB103 39421 KTG 70845 a
providers; and
(b) Courses held no less than twice per year for no fewer
than 4 hours each in no fewer than 5 separate locales
throughout the State each on the following topics:
(1) Practice and procedures of private insurance
billing.
(2) The role of the regional intake entities; service
coordination; program eligibility determinations; family
fees; any federally funded, Department of Healthcare and
Family Services administered, medical programs, and
Division of Specialized Care applications, referrals, and
coordination with Early Intervention; and procedural
safeguards.
(3) Introduction to the early intervention program,
including provider enrollment and credentialing, overview
of Early Intervention program policies and rules, and
billing requirements.
(4) Evaluation and assessment of birth-to-3 children;
individualized family service plan development,
monitoring, and review; best practices; service
guidelines; and quality assurance.
Section 10-110. Contracting. In accordance with Section
1-30(c) of this Act, the lead agency may enter into contracts
for some or all of its responsibilities under this Act,
including, but not limited to: credentialing and enrolling

10300HB5451ham001 - 56 - LRB103 39421 KTG 70845 a
providers; training under Section 10-105; maintaining a
central billing office; data collection and analysis;
establishing and maintaining a computerized case management
system accessible to local referral offices and providers;
creating and maintaining a system for provider credentialing
and enrollment; creating and maintaining the central directory
required under subsection (g) of Section 10-45 of this Act;
and program operations. Contracts with or grants to regional
intake entities must be made subject to public bid under a
request for proposals process.
Section 10-120. Early Intervention Services Revolving
Fund. The Early Intervention Services Revolving Fund, created
by Public Act 89-106, shall be held by the lead agency.
The Early Intervention Services Revolving Fund shall be
used to the extent determined necessary by the lead agency to
pay for early intervention services.
Local Accounts for such purposes may be established by the
lead agency.
Expenditures from the Early Intervention Services
Revolving Fund shall be made in accordance with applicable
program provisions and shall be limited to those purposes and
amounts specified under applicable program guidelines. Funding
of the Fund shall be from family fees, insurance company
payments, federal financial participation received as
reimbursement for expenditures from the Fund, and

10300HB5451ham001 - 57 - LRB103 39421 KTG 70845 a
appropriations made to the State agencies involved in the
payment for early intervention services under this Act.
Disbursements from the Early Intervention Services
Revolving Fund shall be made as determined by the lead agency
or its designee. Funds in the Early Intervention Services
Revolving Fund or the local accounts created under this
Section that are not immediately required for expenditure may
be invested in certificates of deposit or other interest
bearing accounts. Any interest earned shall be deposited in
the Early Intervention Services Revolving Fund.
ARTICLE 15. POWERS AND DUTIES RELATING TO HOME-VISITING AND
PRESCHOOL SERVICES
Section 15-5. Transition of administrative
responsibilities related to home-visiting services Beginning
July 1, 2024, the Department of Early Childhood and the
Department of Human Services shall collaborate and plan for
the transition of administrative responsibilities related to
home-visiting services as prescribed in Section 10-16 of the
Department of Human Services Act.
Section 15-10. Home visiting program.
(a) The General Assembly finds that research-informed home
visiting programs work to strengthen families' functioning and
support parents in caring for their children to ensure optimal

10300HB5451ham001 - 58 - LRB103 39421 KTG 70845 a
child development.
(b) Through June 30, 2026, the Department of Human
Services shall administer a home visiting program to support
communities in providing intensive home visiting programs to
pregnant persons and families with children from birth up to
elementary school enrollment. Services shall be offered on a
voluntary basis to families. In awarding grants under the
program, the Department of Human Services shall prioritize
populations or communities in need of such services, as
determined by the Department of Human Services, based on data
including, but not limited to, statewide home visiting needs
assessments. Eligibility under the program shall also take
into consideration requirements of the federal Maternal,
Infant, and Early Childhood Home Visiting Program and Head
Start and Early Head Start to ensure appropriate alignment.
The overall goals for these services are to:
(1) improve maternal and newborn health;
(2) prevent child abuse and neglect;
(3) promote children's development and readiness to
participate in school; and
(4) connect families to needed community resources
and supports.
(b-5) On and after July 1, 2026, the Department of Early
Childhood shall establish and administer a home visiting
program to support communities in providing intensive home
visiting programs to pregnant persons and families with

10300HB5451ham001 - 59 - LRB103 39421 KTG 70845 a
children from birth up to elementary school enrollment.
(c) Allowable uses of funding include:
(1) Grants to community-based organizations to
implement home visiting and family support services with
fidelity to research-informed home visiting program
models, as defined by the Department. Services may
include, but are not limited to:
(A) personal visits with a child and the child's
parent or caregiver at a periodicity aligned with the
model being implemented;
(B) opportunities for connections with other
parents and caregivers in their community and other
social and community supports;
(C) enhancements to research-informed home
visiting program models based on community needs
including doula services, and other program
innovations as approved by the Department; and
(D) referrals to other resources needed by
families.
(2) Infrastructure supports for grantees, including,
but not limited to, professional development for the
workforce, technical assistance and capacity-building,
data system and supports, infant and early childhood
mental health consultation, trauma-informed practices,
research, universal newborn screening, and coordinated
intake.

10300HB5451ham001 - 60 - LRB103 39421 KTG 70845 a
(d) Subject to appropriation, the Department administering
home-visiting programs subject to Section 15-10 (b) and
Section 15-10(b-5) shall award grants to community-based
agencies in accordance with this Section and any other rules
that may be adopted by the Department. Successful grantees
under this program shall comply with policies and procedures
on program, data, and expense reporting as developed by the
Department.
(e) Funds received under this Section shall supplement,
not supplant, other existing or new federal, State, or local
sources of funding for these services. Any new federal funding
received shall supplement and not supplant funding for this
program.
(f) The Department administering home-visiting programs
subject to Section 15-10 (b) and Section 15-10(b-5) shall
collaborate with relevant agencies to support the coordination
and alignment of home visiting services provided through other
State and federal funds, to the extent possible. The
Department administering home-visiting programs subject to
Section 15-10 (b) and Section 15-10(b-5) shall collaborate
with the State Board of Education, the Department of
Healthcare and Family Services, and Head Start and Early Head
Start in the implementation of these services to support
alignment with home visiting services provided through the
Early Childhood Block Grant and the State's Medical Assistance
Program, respectively, to the extent possible.

10300HB5451ham001 - 61 - LRB103 39421 KTG 70845 a
(g) An advisory committee shall advise the Department
administering home-visiting programs subject to Section
15-10(b) and Section 15-10(b-5) concerning the implementation
of the home visiting program. The advisory committee shall
make recommendations on policy and implementation. The
Department shall determine whether the advisory committee
shall be a newly created body or an existing body such as a
committee of the Illinois Early Learning Council. The advisory
committee shall consist of one or more representatives of the
Department, other members representing public and private
entities that serve and interact with the families served
under the home visiting program, with the input of families
engaged in home visiting or related services themselves.
Family input may be secured by engaging families as members of
this advisory committee or as a separate committee of family
representatives.
(h) The Department of Early Childhood may adopt any rules
necessary to implement this Section.
Section 15-15. Collaboration; planning. Beginning July 1,
2024, the Department of Early Childhood shall collaborate with
the Illinois State Board of Education on administration of the
early childhood programs established in Sections 1C-2, 2-3.71,
2-3.71a, and 2-3.89 of the School Code. The Department of
Early Childhood and the Illinois State Board of Education
shall plan for the transfer of administrative responsibilities

10300HB5451ham001 - 62 - LRB103 39421 KTG 70845 a
that will occur on and after July 1, 2026.
Section 15-20. Programs concerning services to at-risk
children and their families.
(a) On and after July 1, 2026, the Department of Early
Childhood may provide grants to eligible entities, as defined
by the Department, to establish programs which offer
coordinated services to at-risk infants and toddlers and their
families. Each program shall include a parent education
program relating to the development and nurturing of infants
and toddlers and case management services to coordinate
existing services available in the region served by the
program. These services shall be provided through the
implementation of an individual family service plan. Each
program will have a community involvement component to provide
coordination in the service system.
(b) The Department shall administer the programs through
the grants to public school districts and other eligible
entities. These grants must be used to supplement, not
supplant, funds received from any other source. School
districts and other eligible entities receiving grants
pursuant to this Section shall conduct voluntary, intensive,
research-based, and comprehensive prevention services, as
defined by the Department, for expecting parents and families
with children from birth to age 3 who are at-risk of academic
failure. A public school district that receives a grant under

10300HB5451ham001 - 63 - LRB103 39421 KTG 70845 a
this Section may subcontract with other eligible entities.
(c) The Department shall report to the General Assembly by
July 1, 2028 and every 2 years thereafter, using the most
current data available, on the status of programs funded under
this Section, including without limitation characteristics of
participants, services delivered, program models used, unmet
needs, and results of the programs funded.
Section 15-25. Block grants.
(a) Through June 30, 2026, the State Board of Education
shall award block grants to school districts and other
entities pursuant to Section 1C-2 of the School Code.
(b) On and after July 1, 2026, the Department of Early
Childhood shall award to school districts and other entities
block grants as described in subsection (c). The Department of
Early Childhood may adopt rules necessary to implement this
Section. Block grants are subject to audit. Therefore, block
grant receipts and block grant expenditures shall be recorded
to the appropriate fund code.
(c) An Early Childhood Education Block Grant shall be
created by combining the following programs: Preschool
Education, Parental Training and Prevention Initiative. These
funds shall be distributed to school districts and other
entities on a competitive basis, except that the Department of
Early Childhood shall award to a school district having a
population exceeding 500,000 inhabitants 37% of the funds in

10300HB5451ham001 - 64 - LRB103 39421 KTG 70845 a
each fiscal year. Not less than 14% of the Early Childhood
Education Block Grant allocation of funds shall be used to
fund programs for children ages 0-3. Beginning in Fiscal Year
2016, at least 25% of any additional Early Childhood Education
Block Grant funding over and above the previous fiscal year's
allocation shall be used to fund programs for children ages
0-3. Once the percentage of Early Childhood Education Block
Grant funding allocated to programs for children ages 0-3
reaches 20% of the overall Early Childhood Education Block
Grant allocation for a full fiscal year, thereafter in
subsequent fiscal years the percentage of Early Childhood
Education Block Grant funding allocated to programs for
children ages 0-3 each fiscal year shall remain at least 20% of
the overall Early Childhood Education Block Grant allocation.
However, if, in a given fiscal year, the amount appropriated
for the Early Childhood Education Block Grant is insufficient
to increase the percentage of the grant to fund programs for
children ages 0-3 without reducing the amount of the grant for
existing providers of preschool education programs, then the
percentage of the grant to fund programs for children ages 0-3
may be held steady instead of increased.
(d) A school district in a city having a population
exceeding 500,000 is not required to file any application or
other claim in order to receive the block grant to which it is
entitled under this Section. The Department of Early Childhood
shall make payments to the district of amounts due under the

10300HB5451ham001 - 65 - LRB103 39421 KTG 70845 a
district's block grant on a schedule determined by the
Department. A school district to which this Section applies
shall report to the Department of Early Childhood on its use of
the block grant in such form and detail as the Department may
specify. In addition, the report must include the following
description for the district, which must also be reported to
the General Assembly: block grant allocation and expenditures
by program; population and service levels by program; and
administrative expenditures by program. The Department shall
ensure that the reporting requirements for the district are
the same as for all other school districts in this State.
Beginning in Fiscal Year 2018, at least 25% of any additional
Preschool Education, Parental Training, and Prevention
Initiative program funding over and above the previous fiscal
year's allocation shall be used to fund programs for children
ages 0-3. Beginning in Fiscal Year 2018, funding for Preschool
Education, Parental Training, and Prevention Initiative
programs above the allocation for these programs in Fiscal
Year 2017 must be used solely as a supplement for these
programs and may not supplant funds received from other
sources.
(e) Reports. School districts and other entities that
receive an Early Childhood Education Block Grant shall report
to the Department of Early Childhood on its use of the block
grant in such form and detail as the Department may specify. In
addition, the report must include the following description

10300HB5451ham001 - 66 - LRB103 39421 KTG 70845 a
for the district and other entities that receive an Early
Childhood Block Grant, which must also be reported to the
General Assembly: block grant allocation and expenditures by
program; population and service levels by program; and
administrative expenditures by program.
Section 15-30. Grants for preschool educational programs.
(a) Preschool program.
(1) Through June 30, 2026, The State Board of
Education shall implement and administer a grant program
to conduct voluntary preschool educational programs for
children ages 3 to 5, which include a parent education
component, pursuant to Section 2-3.71 of the School Code.
(2) On and after July 1, 2026, the Department of Early
Childhood shall implement and administer a grant program
for school districts and other eligible entities, as
defined by the Department, to conduct voluntary preschool
educational programs for children ages 3 to 5 which
include a parent education component. A public school
district which receives grants under this subsection may
subcontract with other entities that are eligible to
conduct a preschool educational program. These grants must
be used to supplement, not supplant, funds received from
any other source.
(3) Except as otherwise provided under this subsection
(a), any teacher of preschool children in the program

10300HB5451ham001 - 67 - LRB103 39421 KTG 70845 a
authorized by this subsection shall hold a Professional
Educator License with an early childhood education
endorsement.
(3.5) Beginning with the 2018-2019 school year and
until the 2028-2029 school year, an individual may teach
preschool children in an early childhood program under
this Section if he or she holds a Professional Educator
License with an early childhood education endorsement or
with short-term approval for early childhood education or
he or she pursues a Professional Educator License and
holds any of the following:
(A) An ECE Credential Level of 5 awarded by the
Department of Human Services under the Gateways to
Opportunity Program developed under Section 10-70 of
the Department of Human Services Act.
(B) An Educator License with Stipulations with a
transitional bilingual educator endorsement and he or
she has (i) passed an early childhood education
content test or (ii) completed no less than 9 semester
hours of postsecondary coursework in the area of early
childhood education.
(4) Through June 30, 2026, the State Board of
Education shall provide the primary source of funding
through appropriations for the program. On and after July
1, 2026, the Department of Early Childhood shall provide
the primary source of funding through appropriations for

10300HB5451ham001 - 68 - LRB103 39421 KTG 70845 a
the program. Such funds shall be distributed to achieve a
goal of "Preschool for All Children" for the benefit of
all children whose families choose to participate in the
program. Based on available appropriations, newly funded
programs shall be selected through a process giving first
priority to qualified programs serving primarily at-risk
children and second priority to qualified programs serving
primarily children with a family income of less than 4
times the poverty guidelines updated periodically in the
Federal Register by the U.S. Department of Health and
Human Services under the authority of 42 U.S.C. 9902(2).
For purposes of this paragraph (4), at-risk children are
those who because of their home and community environment
are subject to such language, cultural, economic and like
disadvantages to cause them to have been determined as a
result of screening procedures to be at risk of academic
failure. Through June 30, 2026, such screening procedures
shall be based on criteria established by the State Board
of Education. On and after July 1, 2026, such screening
procedures shall be based on criteria established by the
Department of Early Childhood. Except as otherwise
provided in this paragraph (4), grantees under the program
must enter into a memorandum of understanding with the
appropriate local Head Start agency. This memorandum must
be entered into no later than 3 months after the award of a
grantee's grant under the program and must address

10300HB5451ham001 - 69 - LRB103 39421 KTG 70845 a
collaboration between the grantee's program and the local
Head Start agency on certain issues, which shall include
without limitation the following:
(A) educational activities, curricular objectives,
and instruction;
(B) public information dissemination and access to
programs for families contacting programs;
(C) service areas;
(D) selection priorities for eligible children to
be served by programs;
(E) maximizing the impact of federal and State
funding to benefit young children;
(F) staff training, including opportunities for
joint staff training;
(G) technical assistance;
(H) communication and parent outreach for smooth
transitions to kindergarten;
(I) provision and use of facilities,
transportation, and other program elements;
(J) facilitating each program's fulfillment of its
statutory and regulatory requirements;
(K) improving local planning and collaboration;
and
(L) providing comprehensive services for the
neediest Illinois children and families. Through June
30, 2026, if the appropriate local Head Start agency

10300HB5451ham001 - 70 - LRB103 39421 KTG 70845 a
is unable or unwilling to enter into a memorandum of
understanding as required under this paragraph (4),
the memorandum of understanding requirement shall not
apply and the grantee under the program must notify
the State Board of Education in writing of the Head
Start agency's inability or unwillingness. Through
June 30, 2026, the State Board of Education shall
compile all such written notices and make them
available to the public. On and after July 1, 2026, if
the appropriate local Head Start agency is unable or
unwilling to enter into a memorandum of understanding
as required under this paragraph (4), the memorandum
of understanding requirement shall not apply and the
grantee under the program must notify the Department
of Early Childhood in writing of the Head Start
agency's inability or unwillingness. The Department of
Early Childhood shall compile all such written notices
and make them available to the public.
(5) Through June 30, 2026, the State Board of
Education shall develop and provide evaluation tools,
including tests, that school districts and other eligible
entities may use to evaluate children for school readiness
prior to age 5. The State Board of Education shall require
school districts and other eligible entities to obtain
consent from the parents or guardians of children before
any evaluations are conducted. The State Board of

10300HB5451ham001 - 71 - LRB103 39421 KTG 70845 a
Education shall encourage local school districts and other
eligible entities to evaluate the population of preschool
children in their communities and provide preschool
programs, pursuant to this subsection, where appropriate.
(5.1) On and after July 1, 2026, the Department of
Early Childhood shall develop and provide evaluation
tools, including tests, that school districts and other
eligible entities may use to evaluate children for school
readiness prior to age 5. The Department of Early
Childhood shall require school districts and other
eligible entities to obtain consent from the parents or
guardians of children before any evaluations are
conducted. The Department of Early Childhood shall
encourage local school districts and other eligible
entities to evaluate the population of preschool children
in their communities and provide preschool programs,
pursuant to this subsection, where appropriate.
(6) Through June 30, 2026, the State Board of
Education shall report to the General Assembly by November
1, 2018 and every 2 years thereafter on the results and
progress of students who were enrolled in preschool
educational programs, including an assessment of which
programs have been most successful in promoting academic
excellence and alleviating academic failure. Through June
30, 2026, the State Board of Education shall assess the
academic progress of all students who have been enrolled

10300HB5451ham001 - 72 - LRB103 39421 KTG 70845 a
in preschool educational programs. Through Fiscal Year
2026, on or before November 1 of each fiscal year in which
the General Assembly provides funding for new programs
under paragraph (4) of this Section, the State Board of
Education shall report to the General Assembly on what
percentage of new funding was provided to programs serving
primarily at-risk children, what percentage of new funding
was provided to programs serving primarily children with a
family income of less than 4 times the federal poverty
level, and what percentage of new funding was provided to
other programs.
(6.1) On and after July 1, 2026, the Department of
Early Childhood shall report to the General Assembly by
November 1, 2026 and every 2 years thereafter on the
results and progress of students who were enrolled in
preschool educational programs, including an assessment of
which programs have been most successful in promoting
academic excellence and alleviating academic failure. On
and after July 1, 2026, the Department of Early Childhood
shall assess the academic progress of all students who
have been enrolled in preschool educational programs.
Beginning in Fiscal Year 2027, on or before November 1 of
each fiscal year in which the General Assembly provides
funding for new programs under paragraph (4) of this
Section, the Department of Early Childhood shall report to
the General Assembly on what percentage of new funding was

10300HB5451ham001 - 73 - LRB103 39421 KTG 70845 a
provided to programs serving primarily at-risk children,
what percentage of new funding was provided to programs
serving primarily children with a family income of less
than 4 times the federal poverty level, and what
percentage of new funding was provided to other programs.
(7) Due to evidence that expulsion practices in the
preschool years are linked to poor child outcomes and are
employed inconsistently across racial and gender groups,
early childhood programs receiving State funds under this
subsection (a) shall prohibit expulsions. Planned
transitions to settings that are able to better meet a
child's needs are not considered expulsion under this
paragraph (7).
(A) When persistent and serious challenging
behaviors emerge, the early childhood program shall
document steps taken to ensure that the child can
participate safely in the program; including
observations of initial and ongoing challenging
behaviors, strategies for remediation and intervention
plans to address the behaviors, and communication with
the parent or legal guardian, including participation
of the parent or legal guardian in planning and
decision-making.
(B) The early childhood program shall, with
parental or legal guardian consent as required, use a
range of community resources, if available and deemed

10300HB5451ham001 - 74 - LRB103 39421 KTG 70845 a
necessary, including, but not limited to,
developmental screenings, referrals to programs and
services administered by a local educational agency or
early intervention agency under Parts B and C of the
federal Individual with Disabilities Education Act,
and consultation with infant and early childhood
mental health consultants and the child's health care
provider. The program shall document attempts to
engage these resources, including parent or legal
guardian participation and consent attempted and
obtained. Communication with the parent or legal
guardian shall take place in a culturally and
linguistically competent manner.
(C) If there is documented evidence that all
available interventions and supports recommended by a
qualified professional have been exhausted and the
program determines in its professional judgment that
transitioning a child to another program is necessary
for the well-being of the child or his or her peers and
staff, with parent or legal guardian permission, both
the current and pending programs shall create a
transition plan designed to ensure continuity of
services and the comprehensive development of the
child. Communication with families shall occur in a
culturally and linguistically competent manner.
(D) Nothing in this paragraph (7) shall preclude a

10300HB5451ham001 - 75 - LRB103 39421 KTG 70845 a
parent's or legal guardian's right to voluntarily
withdraw his or her child from an early childhood
program. Early childhood programs shall request and
keep on file, when received, a written statement from
the parent or legal guardian stating the reason for
his or her decision to withdraw his or her child.
(E) In the case of the determination of a serious
safety threat to a child or others or in the case of
behaviors listed in subsection (d) of Section 10-22.6
of the School Code, the temporary removal of a child
from attendance in group settings may be used.
Temporary removal of a child from attendance in a
group setting shall trigger the process detailed in
subparagraphs (A), (B), and (C) of this paragraph (7),
with the child placed back in a group setting as
quickly as possible.
(F) Early childhood programs may use and the
Department of Early Childhood, State Board of
Education, the Department of Human Services, and the
Department of Children and Family Services shall
recommend training, technical support, and
professional development resources to improve the
ability of teachers, administrators, program
directors, and other staff to promote social-emotional
development and behavioral health, to address
challenging behaviors, and to understand trauma and

10300HB5451ham001 - 76 - LRB103 39421 KTG 70845 a
trauma-informed care, cultural competence, family
engagement with diverse populations, the impact of
implicit bias on adult behavior, and the use of
reflective practice techniques. Support shall include
the availability of resources to contract with infant
and early childhood mental health consultants.
(G) Through June 30, 2026, early childhood
programs shall annually report to the State Board of
Education, and, beginning in Fiscal Year 2020, the
State Board of Education shall make available on a
biennial basis, in an existing report, all of the
following data for children from birth to age 5 who are
served by the program:
(i) Total number served over the course of the
program year and the total number of children who
left the program during the program year.
(ii) Number of planned transitions to another
program due to children's behavior, by children's
race, gender, disability, language, class/group
size, teacher-child ratio, and length of program
day.
(iii) Number of temporary removals of a child
from attendance in group settings due to a serious
safety threat under subparagraph (E) of this
paragraph (7), by children's race, gender,
disability, language, class/group size,

10300HB5451ham001 - 77 - LRB103 39421 KTG 70845 a
teacher-child ratio, and length of program day.
(iv) Hours of infant and early childhood
mental health consultant contact with program
leaders, staff, and families over the program
year.
(G-5) On and after July 1, 2026, early childhood
programs shall annually report to the Department of
Early Childhood, and beginning in Fiscal Year 2028,
the Department of Early Childhood shall make available
on a biennial basis, in a report, all of the following
data for children from birth to age 5 who are served by
the program:
(i) Total number served over the course of the
program year and the total number of children who
left the program during the program year.
(ii) Number of planned transitions to another
program due to children's behavior, by children's
race, gender, disability, language, class/group
size, teacher-child ratio, and length of program
day.
(iii) Number of temporary removals of a child
from attendance in group settings due to a serious
safety threat under subparagraph (E) of this
paragraph (7), by children's race, gender,
disability, language, class/group size,
teacher-child ratio, and length of program day.

10300HB5451ham001 - 78 - LRB103 39421 KTG 70845 a
(iv) Hours of infant and early childhood
mental health consultant contact with program
leaders, staff, and families over the program
year.
(H) Changes to services for children with an
individualized education program or individual family
service plan shall be construed in a manner consistent
with the federal Individuals with Disabilities
Education Act.
The Department of Early Childhood, in consultation
with the Department of Children and Family Services, shall
adopt rules to administer this paragraph (7).
(b) Notwithstanding any other provisions of this Section,
grantees may serve children ages 0 to 12 of essential workers
if the Governor has declared a disaster due to a public health
emergency pursuant to Section 7 of the Illinois Emergency
Management Agency Act. The Department of Early Childhood may
adopt rules to administer this subsection.
Section 15-35. Chronic absenteeism in preschool children.
(a) In this Section, "chronic absence" means absences that
total 10% or more of school days of the most recent academic
school year, including absences with and without valid cause,
as defined in Section 26-2a of the School Code.
(b) The General Assembly makes all of the following
findings:

10300HB5451ham001 - 79 - LRB103 39421 KTG 70845 a
(1) The early years are an extremely important period
in a child's learning and development.
(2) Missed learning opportunities in the early years
make it difficult for a child to enter kindergarten ready
for success.
(3) Attendance patterns in the early years serve as
predictors of chronic absenteeism and reduced educational
outcomes in later school years. Therefore, it is crucial
that the implications of chronic absence be understood and
reviewed regularly under the Preschool for All Program and
Preschool for All Expansion Program under Section 15-30 of
this Act.
(c) The Preschool for All Program and Preschool for All
Expansion Program under Section 15-30 of this Act shall
collect and review its chronic absence data and determine what
support and resources are needed to positively engage
chronically absent students and their families to encourage
the habit of daily attendance and promote success.
(d) The Preschool for All Program and Preschool for All
Expansion Program under Section 15-30 of this Act are
encouraged to do all of the following:
(1) Provide support to students who are at risk of
reaching or exceeding chronic absence levels.
(2) Make resources available to families, such as
those available through the State Board of Education's
Family Engagement Framework, to support and encourage

10300HB5451ham001 - 80 - LRB103 39421 KTG 70845 a
families to ensure their children's daily program
attendance.
(3) Include information about chronic absenteeism as
part of their preschool to kindergarten transition
resources.
(e) On or before July 1, 2020, and annually thereafter
through June 30, 2026, the Preschool for All Program and
Preschool for All Expansion Program shall report all data
collected under subsection (c) of this Section to the State
Board of Education, which shall make the report publicly
available via the Illinois Early Childhood Asset Map Internet
website and the Preschool for All Program or Preschool for All
Expansion Program triennial report.
(e-5) On and after July 1, 2026, the Preschool for All
Program and Preschool for All Expansion Program shall report
all data collected under subsection (c) to the Department of
Early Childhood, which shall review the chronic absence data
to determine what support and resources are needed to
positively engage chronically absent students and their
families to encourage the habit of daily attendance and
promote success. The Department shall also report all data
collected under this subsection and make a report publicly
available via the Illinois Early Childhood Asset Map Internet
website and the Preschool for All Program or Preschool for All
Expansion Program triennial report.

10300HB5451ham001 - 81 - LRB103 39421 KTG 70845 a
Section 15-40. Restrictions on prekindergarten
assessments.
(a) In this Section:
"Diagnostic and screening purposes" means for the purpose
of determining if individual students need remedial
instruction or to determine eligibility for special education,
early intervention, bilingual education, dyslexia services, or
other related educational services. Any assessment used to
determine eligibility for special education or related
services must be consistent with Section 614 of the federal
Individuals with Disabilities Education Act. "Diagnostic and
screening purposes" includes the identification and evaluation
of students with disabilities. "Diagnostic and screening
purposes" does not include any assessment in which student
scores are used to rate or rank a classroom, program, teacher,
school, school district, or jurisdiction.
"Standardized assessment" means an assessment that
requires all student test takers to answer the same questions,
or a selection of questions from a common bank of questions, in
the same manner or substantially the same questions in the
same manner. "Standardized assessment" does not include an
observational assessment tool used to satisfy the requirements
of Section 2-3.64a-10 of the School Code.
(b) Consistent with Section 2-3.64a-15 of the School Code,
the Department of Early Childhood may not develop, purchase,
or require a school district to administer, develop, or

10300HB5451ham001 - 82 - LRB103 39421 KTG 70845 a
purchase a standardized assessment for students enrolled or
preparing to enroll in prekindergarten, other than for
diagnostic and screening purposes.
(c) Consistent with Section 2-3.64a-15 of the School Code,
the Department of Early Childhood may not provide funding for
any standardized assessment of students enrolled or preparing
to enroll in prekindergarten, other than for diagnostic and
screening purposes.
(d) Nothing in this Section shall be construed to limit
the ability of a classroom teacher or school district to
develop, purchase, administer, or score an assessment for an
individual classroom, grade level, or group of grade levels in
any subject area in prekindergarten.
(e) Nothing in this Section limits procedures used by a
school or school district for child find under 34 CFR
300.111(c) or evaluation under 34 CFR 300.304.
(f) Nothing in this Section restricts the use of an annual
assessment of English proficiency of all English learners to
comply with Section 1111(b)(2)(G) of the federal Elementary
and Secondary Education Act of 1965.
Section 15-45. Grants for early childhood parental
training programs. On and after July 1, 2026, the Department
of Early Childhood shall implement and administer a grant
program consisting of grants to public school districts and
other eligible entities, as defined by the Department, to

10300HB5451ham001 - 83 - LRB103 39421 KTG 70845 a
conduct early childhood parental training programs for the
parents of children in the period of life from birth to
prekindergarten. A public school district that receives grants
under this Section may contract with other eligible entities
to conduct an early childhood parental training program. These
grants must be used to supplement, not supplant, funds
received from any other source. A school board or other
eligible entity shall employ appropriately qualified personnel
for its early childhood parental training program, including
but not limited to certified teachers, counselors,
psychiatrists, psychologists and social workers.
(a) As used in this Section, "parental training" means and
includes instruction in the following:
(1) Child growth and development, including prenatal
development.
(2) Childbirth and child care.
(3) Family structure, function and management.
(4) Prenatal and postnatal care for mothers and
infants.
(5) Prevention of child abuse.
(6) The physical, mental, emotional, social, economic
and psychological aspects of interpersonal and family
relationships.
(7) Parenting skill development.
The programs shall include activities that require
substantial participation and interaction between parent and

10300HB5451ham001 - 84 - LRB103 39421 KTG 70845 a
child.
(b) The Department shall annually award funds through a
grant approval process established by the Department,
providing that an annual appropriation is made for this
purpose from State, federal or private funds. Nothing in this
Section shall preclude school districts from applying for or
accepting private funds to establish and implement programs.
(c) The Department shall assist those districts and other
eligible entities offering early childhood parental training
programs, upon request, in developing instructional materials,
training teachers and staff, and establishing appropriate time
allotments for each of the areas included in such instruction.
(d) School districts and other eligible entities may offer
early childhood parental training courses during that period
of the day which is not part of the regular school day.
Residents of the community may enroll in such courses. The
school board or other eligible entity may establish fees and
collect such charges as may be necessary for attendance at
such courses in an amount not to exceed the per capita cost of
the operation thereof, except that the board or other eligible
entity may waive all or part of such charges if it determines
that the parent is indigent or that the educational needs of
the parent require his or her attendance at such courses.
(e) Parents who participate in early childhood parental
training programs under this Section may be eligible for
reasonable reimbursement of any incidental transportation and

10300HB5451ham001 - 85 - LRB103 39421 KTG 70845 a
child care expenses from the school district receiving funds
pursuant to this Section.
(f) Districts and other eligible entities receiving grants
pursuant to this Section shall coordinate programs created
under this Section with other preschool educational programs,
including "at-risk" preschool programs, special and vocational
education, and related services provided by other governmental
agencies and not-for-profit agencies.
(g) Early childhood programs under this Section are
subject to the requirements under paragraph (7) of subsection
(a) of Section 15-30 of this Act.
Section 15-50. Early childhood construction grants.
(a) The Capital Development Board is authorized to make
grants to public school districts and not-for-profit entities
for early childhood construction projects, except that in
Fiscal Year 2024 those grants may be made only to public school
districts. These grants shall be paid out of moneys
appropriated for that purpose from the School Construction
Fund, the Build Illinois Bond Fund, or the Rebuild Illinois
Projects Fund. No grants may be awarded to entities providing
services within private residences. A public school district
or other eligible entity must provide local matching funds in
the following manner:
(1) A public school district assigned to Tier 1 under
Section 18-8.15 of the School Code or any other eligible

10300HB5451ham001 - 86 - LRB103 39421 KTG 70845 a
entity in an area encompassed by that district must
provide local matching funds in an amount equal to 3% of
the grant awarded under this Section.
(2) A public school district assigned to Tier 2 under
Section 18-8.15 of the School Code or any other eligible
entity in an area encompassed by that district must
provide local matching funds in an amount equal to 7.5% of
the grant awarded under this Section.
(3) A public school district assigned to Tier 3 under
Section 18-8.15 of the School Code or any other eligible
entity in an area encompassed by that district must
provide local matching funds in an amount equal to 8.75%
of the grant awarded under this Section.
(4) A public school district assigned to Tier 4 under
Section 18-8.15 of the School Code or any other eligible
entity in an area encompassed by that district must
provide local matching funds in an amount equal to 10% of
the grant awarded under this Section.
A public school district or other eligible entity has no
entitlement to a grant under this Section.
(b) The Capital Development Board shall adopt rules to
implement this Section. These rules need not be the same as the
rules for school construction project grants or school
maintenance project grants. The rules may specify:
(1) the manner of applying for grants;
(2) project eligibility requirements;

10300HB5451ham001 - 87 - LRB103 39421 KTG 70845 a
(3) restrictions on the use of grant moneys;
(4) the manner in which school districts and other
eligible entities must account for the use of grant
moneys;
(5) requirements that new or improved facilities be
used for early childhood and other related programs for a
period of at least 10 years; and
(6) any other provision that the Capital Development
Board determines to be necessary or useful for the
administration of this Section.
(b-5) When grants are made to non-profit corporations for
the acquisition or construction of new facilities, the Capital
Development Board or any State agency it so designates shall
hold title to or place a lien on the facility for a period of
10 years after the date of the grant award, after which title
to the facility shall be transferred to the non-profit
corporation or the lien shall be removed, provided that the
non-profit corporation has complied with the terms of its
grant agreement. When grants are made to non-profit
corporations for the purpose of renovation or rehabilitation,
if the non-profit corporation does not comply with item (5) of
subsection (b) of this Section, the Capital Development Board
or any State agency it so designates shall recover the grant
pursuant to the procedures outlined in the Illinois Grant
Funds Recovery Act.
(c) On and after July 1, 2026, the Capital Development

10300HB5451ham001 - 88 - LRB103 39421 KTG 70845 a
Board, in consultation with the Department of Early Childhood,
shall establish standards for the determination of priority
needs concerning early childhood projects based on projects
located in communities in the State with the greatest
underserved population of young children, utilizing Census
data and other reliable local early childhood service data.
(d) In each school year in which early childhood
construction project grants are awarded, 20% of the total
amount awarded shall be awarded to a school district with a
population of more than 500,000, provided that the school
district complies with the requirements of this Section and
the rules adopted under this Section.
Section 15-55. Infant/early childhood mental health
consultations.
(a) Findings; policies.
(1) The General Assembly finds that social and
emotional development is a core, developmental domain in
young children and is codified in the Illinois Early
Learning Standards.
(2) Fostering social and emotional development in,
early childhood means both providing the supportive
settings and interactions to maximize healthy social and
emotional development for all children, as well as
providing communities, programs, and providers with
systems of tiered supports with training to respond to

10300HB5451ham001 - 89 - LRB103 39421 KTG 70845 a
more significant social and emotional challenges or where
experiences of trauma may be more prevalent.
(3) Early care and education programs and providers,
across a range of settings, have an important role to play
in supporting young children and families, especially
those who face greater challenges, such as trauma
exposure, social isolation, pervasive poverty, and toxic
stress. If programs, teaching staff, caregivers, and
providers are not provided with the support, services, and
training needed to accomplish these goals, it can lead to
children and families being asked to leave programs,
particularly without connection to more appropriate
services, thereby creating a disruption in learning and
social-emotional development. Investments in reflective
supervision, professional development specific to
diversity, equity, and inclusion practice, culturally
responsive training, implicit bias training, and how
trauma experienced during the early years can manifest in
challenging behaviors will create systems for serving
children that are informed in developmentally appropriate
and responsive supports.
(4) Studies have shown that the expulsion of infants,
toddlers, and young children in early care and education
settings is occurring at alarmingly high rates, more than
3 times that of students in K-12; further, expulsion
occurs more frequently for Black children and Latinx

10300HB5451ham001 - 90 - LRB103 39421 KTG 70845 a
children and more frequently for boys than for girls, with
Black boys being most frequently expelled; there is
evidence to show that the expulsion of Black girls is
occurring with increasing frequency.
(5) Illinois took its first steps toward addressing
this disparity through Public Act 100-105 to prohibit
expulsion due to child behavior in early care and
education settings, but further work is needed to
implement this law, including strengthening provider
understanding of a successful transition and beginning to
identify strategies to reduce "soft expulsions" and to
ensure more young children and their teachers, providers,
and caregivers, in a range of early care and education
settings, can benefit from services, such as Infant/Early
Childhood Mental Health Consultations (I/ECMHC) and
positive behavior interventions and supports such as the
Pyramid Model.
(6) I/ECMHC is a critical component needed to align
social-emotional well-being with the public health model
of promotion, prevention, and intervention across early
care and education systems.
(b) The General Assembly encourages that all of the
following actions be taken by:
(1) the State to increase the availability of
Infant/Early Childhood Mental Health Consultations
(I/ECMHC) through increased funding in early childhood

10300HB5451ham001 - 91 - LRB103 39421 KTG 70845 a
programs and sustainable funding for coordination of
I/ECMHC and other social and emotional support at the
State level;
(2) the Department of Early Childhood, the Department
of Human Services, the Illinois State Board of Education,
and other relevant agencies to develop and promote
provider-accessible and parent-accessible materials,
including native language, on the role and value of
I/ECMHC, including targeted promotion in underserved
communities, and promote the use of existing I/ECMHCs, the
I/ECMHC consultant database, or other existing services;
(3) the State to increase funding to promote and
provide training and implementation support for systems of
tiered support, such as the Pyramid Model, across early
childhood settings and urge the Department of Early
Childhood, the Department of Human Services, the Illinois
State Board of Education, and other relevant State
agencies to coordinate efforts and develop strategies to
provide outreach to and support providers in underserved
communities and communities with fewer programmatic
resources; and
(4) State agencies to provide the data required by
Public Act 100-105, even if the data is incomplete at the
time due to data system challenges.
ARTICLE 20. POWERS AND DUTIES RELATING TO CHILD CARE AND DAY

10300HB5451ham001 - 92 - LRB103 39421 KTG 70845 a
CARE LICENSING
Section 20-5. Transition. Beginning July 1, 2024, the
Department of Early Childhood and the Department of Human
Services shall collaborate and plan for the transition of
child care services for children established in Section 5.15
of the Children and Family Services Act.
Section 20-10. Child care.
(a) The General Assembly recognizes that families with
children need child care in order to work. Child care is
expensive and families with limited access to economic
resources, including those who are transitioning from welfare
to work, often struggle to pay the costs of day care. The
General Assembly understands the importance of helping working
families with limited access to economic resources become and
remain self-sufficient. The General Assembly also believes
that it is the responsibility of families to share in the costs
of child care. It is also the preference of the General
Assembly that all working families with limited access to
economic resources should be treated equally, regardless of
their welfare status.
(b) On and after July 1, 2026, to the extent resources
permit, the Illinois Department of Early Childhood shall
provide child care services to parents or other relatives as
defined by rule who are working or participating in employment

10300HB5451ham001 - 93 - LRB103 39421 KTG 70845 a
or Department approved education or training programs as
prescribed in Section 9A-11 of the Illinois Public Aid Code.
(c) Smart Start Child Care Program. Through June 30, 2026,
subject to appropriation, the Department of Human Services
shall establish and administer the Smart Start Child Care
Program. On and after July 1, 2026, the Department of Early
Childhood shall administer the Smart Start Child Care Program.
The Smart Start Child Care Program shall focus on creating
affordable child care, as well as increasing access to child
care, for Illinois residents and may include, but is not
limited to, providing funding to increase preschool
availability, providing funding for childcare workforce
compensation or capital investments, and expanding funding for
Early Childhood Access Consortium for Equity Scholarships. The
Department with authority to administer the Smart Start Child
Care Program shall establish program eligibility criteria,
participation conditions, payment levels, and other program
requirements by rule. The Department with authority to
administer the Smart Start Child Care Program may consult with
the Capital Development Board, the Department of Commerce and
Economic Opportunity, the State Board of Education, and the
Illinois Housing Development Authority, and other state
agencies as determined by the Department in the management and
disbursement of funds for capital-related projects. The
Capital Development Board, the Department of Commerce and
Economic Opportunity, the State Board of Education, and the

10300HB5451ham001 - 94 - LRB103 39421 KTG 70845 a
Illinois Housing Development Authority, and other state
agencies as determined by the Department shall act in a
consulting role only for the evaluation of applicants, scoring
of applicants, or administration of the grant program.
Section 20-15. Day care services.
(a) For the purpose of ensuring effective statewide
planning, development, and utilization of resources for the
day care of children, operated under various auspices, the
Department of Early Childhood is designated on and after July
1, 2026 to coordinate all day care activities for children of
the State and shall develop or continue, and shall update
every year, a State comprehensive day care plan for submission
to the Governor that identifies high-priority areas and
groups, relating them to available resources and identifying
the most effective approaches to the use of existing day care
services. The State comprehensive day care plan shall be made
available to the General Assembly following the Governor's
approval of the plan.
The plan shall include methods and procedures for the
development of additional day care resources for children to
meet the goal of reducing short-run and long-run dependency
and to provide necessary enrichment and stimulation to the
education of young children. Recommendations shall be made for
State policy on optimum use of private and public, local,
State and federal resources, including an estimate of the

10300HB5451ham001 - 95 - LRB103 39421 KTG 70845 a
resources needed for the licensing and regulation of day care
facilities.
A written report shall be submitted to the Governor and
the General Assembly annually on April 15. The report shall
include an evaluation of developments over the preceding
fiscal year, including cost-benefit analyses of various
arrangements. Beginning with the report in 1990 submitted by
the Department's predecessor agency and every 2 years
thereafter, the report shall also include the following:
(1) An assessment of the child care services, needs
and available resources throughout the State and an
assessment of the adequacy of existing child care
services, including, but not limited to, services assisted
under this Act and under any other program administered by
other State agencies.
(2) A survey of day care facilities to determine the
number of qualified caregivers, as defined by rule,
attracted to vacant positions and any problems encountered
by facilities in attracting and retaining capable
caregivers. The report shall include an assessment, based
on the survey, of improvements in employee benefits that
may attract capable caregivers.
(3) The average wages and salaries and fringe benefit
packages paid to caregivers throughout the State, computed
on a regional basis, compared to similarly qualified
employees in other but related fields.

10300HB5451ham001 - 96 - LRB103 39421 KTG 70845 a
(4) The qualifications of new caregivers hired at
licensed day care facilities during the previous 2-year
period.
(5) Recommendations for increasing caregiver wages and
salaries to ensure quality care for children.
(6) Evaluation of the fee structure and income
eligibility for child care subsidized by the State.
(b) The Department of Early Childhood shall establish
policies and procedures for developing and implementing
interagency agreements with other agencies of the State
providing child care services or reimbursement for such
services. The plans shall be annually reviewed and modified
for the purpose of addressing issues of applicability and
service system barriers.
(c) In cooperation with other State agencies, the
Department of Early Childhood shall develop and implement, or
shall continue, a resource and referral system for the State
of Illinois either within the Department or by contract with
local or regional agencies. Funding for implementation of this
system may be provided through Department appropriations or
other interagency funding arrangements. The resource and
referral system shall provide at least the following services:
(1) Assembling and maintaining a database on the
supply of child care services.
(2) Providing information and referrals for parents.
(3) Coordinating the development of new child care

10300HB5451ham001 - 97 - LRB103 39421 KTG 70845 a
resources.
(4) Providing technical assistance and training to
child care service providers.
(5) Recording and analyzing the demand for child care
services.
(d) The Department of Early Childhood shall conduct day
care planning activities with the following priorities:
(1) Development of voluntary day care resources
wherever possible, with the provision for grants-in-aid
only where demonstrated to be useful and necessary as
incentives or supports. The Department shall design a plan
to create more child care slots as well as goals and
timetables to improve quality and accessibility of child
care.
(2) Emphasis on service to children of recipients of
public assistance when such service will allow training or
employment of the parent toward achieving the goal of
independence.
(3) Care of children from families in stress and
crises whose members potentially may become, or are in
danger of becoming, non-productive and dependent.
(4) Expansion of family day care facilities wherever
possible.
(5) Location of centers in economically depressed
neighborhoods, preferably in multi-service centers with
cooperation of other agencies. The Department shall

10300HB5451ham001 - 98 - LRB103 39421 KTG 70845 a
coordinate the provision of grants, but only to the extent
funds are specifically appropriated for this purpose, to
encourage the creation and expansion of child care centers
in high need communities to be issued by the State,
business, and local governments.
(6) Use of existing facilities free of charge or for
reasonable rental whenever possible in lieu of
construction.
(7) Development of strategies for assuring a more
complete range of day care options, including provision of
day care services in homes, in schools, or in centers,
which will enable parents to complete a course of
education or obtain or maintain employment and the
creation of more child care options for swing shift,
evening, and weekend workers and for working women with
sick children. The Department shall encourage companies to
provide child care in their own offices or in the building
in which the corporation is located so that employees of
all the building's tenants can benefit from the facility.
(8) Development of strategies for subsidizing students
pursuing degrees in the child care field.
(9) Continuation and expansion of service programs
that assist teen parents to continue and complete their
education.
Emphasis shall be given to support services that will help
to ensure such parents' graduation from high school and to

10300HB5451ham001 - 99 - LRB103 39421 KTG 70845 a
services for participants in any programs of job training
conducted by the Department.
(e) The Department of Early Childhood shall actively
stimulate the development of public and private resources at
the local level. It shall also seek the fullest utilization of
federal funds directly or indirectly available to the
Department. Where appropriate, existing non-governmental
agencies or associations shall be involved in planning by the
Department.
Section 20-20. Day care facilities for the children of
migrant workers. On and after July 1, 2026, the Department of
Early Childhood shall operate day care facilities for the
children of migrant workers in areas of the State where they
are needed. The Department of Early Childhood may provide
these day care services by contracting with private centers if
practicable. "Migrant worker" means any person who moves
seasonally from one place to another, within or without the
State, for the purpose of employment in agricultural
activities.
Section 20-25. Licensing day care facilities.
(a) Beginning July 1, 2024, the Department of Early
Childhood and the Department of Children and Family Services
shall collaborate and plan for the transition of
administrative responsibilities related to licensing day care

10300HB5451ham001 - 100 - LRB103 39421 KTG 70845 a
centers, day care homes, and group day care homes as
prescribed throughout the Child Care Act of 1969.
(b) Beginning July 1, 2026, the Department of Early
Childhood shall manage all facets of licensing for day care
centers, day care homes, and group day care homes as
prescribed throughout the Child Care Act of 1969.
Section 20-30. Off-Hours Child Care Program.
(a) Legislative intent. The General Assembly finds that:
(1) Finding child care can be a challenge for
firefighters, paramedics, police officers, nurses, and
other third shift workers across the State who often work
non-typical work hours. This can impact home life, school,
bedtime routines, job safety, and the mental health of
some of our most critical front line workers and their
families.
(2) There is a need for increased options for
off-hours child care in the State.
(3) Illinois has a vested interest in ensuring that
our first responders and working families can provide
their children with appropriate care during off hours to
improve the morale of existing first responders and to
improve recruitment into the future.
(b) As used in this Section, "first responders" means
emergency medical services personnel as defined in the
Emergency Medical Services (EMS) Systems Act, firefighters,

10300HB5451ham001 - 101 - LRB103 39421 KTG 70845 a
law enforcement officers, and, as determined by the Department
of Early Childhood on and after July 1, 2026, any other workers
who, on account of their work schedule, need child care
outside of the hours when licensed child care facilities
typically operate.
(c) Beginning July 1, 2026, the Department of Early
Childhood shall administer the Off-Hours Child Care Program to
help first responders and other workers identify and access
off-hours, night, or sleep time child care, subject to
appropriation. Services funded under the program must address
the child care needs of first responders. Funding provided
under the program may also be used to cover any capital and
operating expenses related to the provision of off-hours,
night, or sleep time child care for first responders. Funding
awarded under this Section shall be funded through
appropriations from the Off-Hours Child Care Program Fund
created under Public Act 102-912. The Department of Early
Childhood may adopt any rules necessary to implement the
program.
Section 20-35. Great START program.
(a) Through June 30, 2026, the Department of Human
Services shall, subject to a specific appropriation for this
purpose, operate a Great START (Strategy To Attract and Retain
Teachers) program. The goal of the program is to improve
children's developmental and educational outcomes in child

10300HB5451ham001 - 102 - LRB103 39421 KTG 70845 a
care by encouraging increased professional preparation by
staff and staff retention. The Great START program shall
coordinate with the TEACH professional development program.
The program shall provide wage supplements and may include
other incentives to licensed child care center personnel,
including early childhood teachers, school-age workers, early
childhood assistants, school-age assistants, and directors, as
such positions are defined by administrative rule of the
Department of Children and Family Services. The program shall
provide wage supplements and may include other incentives to
licensed family day care home personnel and licensed group day
care home personnel, including caregivers and assistants as
such positions are defined by administrative rule of the
Department of Children and Family Services. Individuals will
receive supplements commensurate with their qualifications.
(b) On and after July 1, 2026, the Department of Early
Childhood shall, subject to a specific appropriation for this
purpose, operate a Great START program. The goal of the
program is to improve children's developmental and educational
outcomes in child care by encouraging increased professional
preparation by staff and staff retention. The Great START
program shall coordinate with the TEACH professional
development program.
The program shall provide wage supplements and may include
other incentives to licensed child care center personnel,
including early childhood teachers, school-age workers, early

10300HB5451ham001 - 103 - LRB103 39421 KTG 70845 a
childhood assistants, school-age assistants, and directors, as
such positions are defined by administrative rule by the
Department pursuant to subsections (a) and this subsection.
(c) The Department, pursuant to subsections (a) and (b),
shall, by rule, define the scope and operation of the program,
including a wage supplement scale. The scale shall pay
increasing amounts for higher levels of educational attainment
beyond minimum qualifications and shall recognize longevity of
employment. Subject to the availability of sufficient
appropriation, the wage supplements shall be paid to child
care personnel in the form of bonuses at 6-month intervals.
Six months of continuous service with a single employer is
required to be eligible to receive a wage supplement bonus.
Wage supplements shall be paid directly to individual day care
personnel, not to their employers. Eligible individuals must
provide to the Department or its agent all information and
documentation, including but not limited to college
transcripts, to demonstrate their qualifications for a
particular wage supplement level.
If appropriations permit, the Department may include
one-time signing bonuses or other incentives to help providers
attract staff, provided that the signing bonuses are less than
the supplement staff would have received if they had remained
employed with another day care center or family day care home.
If appropriations permit, the Department may include
one-time longevity bonuses or other incentives to recognize

10300HB5451ham001 - 104 - LRB103 39421 KTG 70845 a
staff who have remained with a single employer.
Section 20-40. Programs to train low-income older persons
to be child care workers. On and after July 1, 2026, the
Department of Early Childhood may, in conjunction with
colleges or universities in this State, establish programs to
train low-income older persons to be child care workers. The
Department shall prescribe, by rule:
(a) age and income qualifications for persons to be
trained under such programs; and
(b) standards for such programs to ensure that such
programs train participants to be skilled workers for the
child care industry.
Section 20-45. Home child care demonstration project;
conversion and renovation grants; Department of Early
Childhood.
(a) The General Assembly finds that the demand for quality
child care far outweighs the number of safe, quality spaces
for our children. The purpose of this Section is to increase
the number of child care providers by:
(1) developing a demonstration project to train
individuals to become home child care providers who are
able to establish and operate their own child care
facility; and
(2) providing grants to convert and renovate existing

10300HB5451ham001 - 105 - LRB103 39421 KTG 70845 a
facilities.
(b) On and after July 1, 2026, the Department of Early
Childhood may from appropriations from the Child Care
Development Block Grant establish a demonstration project to
train individuals to become home child care providers who are
able to establish and operate their own home-based child care
facilities. On and after July 1, 2026, the Department of Early
Childhood is authorized to use funds for this purpose from the
child care and development funds deposited into the DHS
Special Purposes Trust Fund as described in Section 12-10 of
the Illinois Public Aid Code or deposited into the Employment
and Training Fund as described in Section 12-10.3 of the
Illinois Public Aid Code. As an economic development program,
the project's focus is to foster individual self-sufficiency
through an entrepreneurial approach by the creation of new
jobs and opening of new small home-based child care
businesses. The demonstration project shall involve
coordination among State and county governments and the
private sector, including but not limited to: the community
college system, the Departments of Labor and Commerce and
Economic Opportunity, the State Board of Education, large and
small private businesses, non-profit programs, unions, and
child care providers in the State.
(c) On and after July 1, 2026, the Department of Early
Childhood may from appropriations from the Child Care
Development Block Grant provide grants to family child care

10300HB5451ham001 - 106 - LRB103 39421 KTG 70845 a
providers and center based programs to convert and renovate
existing facilities, to the extent permitted by federal law,
so additional family child care homes and child care centers
can be located in such facilities.
(1) Applications for grants shall be made to the
Department and shall contain information as the Department
shall require by rule. Every applicant shall provide
assurance to the Department that:
(A) the facility to be renovated or improved shall
be used as family child care home or child care center
for a continuous period of at least 5 years;
(B) any family child care home or child care
center program located in a renovated or improved
facility shall be licensed by the Department;
(C) the program shall comply with applicable
federal and State laws prohibiting discrimination
against any person on the basis of race, color,
national origin, religion, creed, or sex;
(D) the grant shall not be used for purposes of
entertainment or perquisites;
(E) the applicant shall comply with any other
requirement the Department may prescribe to ensure
adherence to applicable federal, State, and county
laws;
(F) all renovations and improvements undertaken
with funds received under this Section shall comply

10300HB5451ham001 - 107 - LRB103 39421 KTG 70845 a
with all applicable State and county statutes and
ordinances including applicable building codes and
structural requirements of the Department; and
(G) the applicant shall indemnify and save
harmless the State and its officers, agents, and
employees from and against any and all claims arising
out of or resulting from the renovation and
improvements made with funds provided by this Section,
and, upon request of the Department, the applicant
shall procure sufficient insurance to provide that
indemnification.
(2) To receive a grant under this Section to convert
an existing facility into a family child care home or
child care center facility, the applicant shall:
(A) agree to make available to the Department all
records it may have relating to the operation of any
family child care home and child care center facility,
and to allow State agencies to monitor its compliance
with the purpose of this Section;
(B) agree that, if the facility is to be altered or
improved, or is to be used by other groups, moneys
appropriated by this Section shall be used for
renovating or improving the facility only to the
proportionate extent that the floor space will be used
by the child care program; and
(C) establish, to the satisfaction of the

10300HB5451ham001 - 108 - LRB103 39421 KTG 70845 a
Department, that sufficient funds are available for
the effective use of the facility for the purpose for
which it is being renovated or improved.
(3) In selecting applicants for funding, the
Department shall make every effort to ensure that family
child care home or child care center facilities are
equitably distributed throughout the State according to
demographic need. The Department shall give priority
consideration to rural/Downstate areas of the State that
are currently experiencing a shortage of child care
services.
(4) In considering applications for grants to renovate
or improve an existing facility used for the operations of
a family child care home or child care center, the
Department shall give preference to applications to
renovate facilities most in need of repair to address
safety and habitability concerns. No grant shall be
disbursed unless an agreement is entered into between the
applicant and the State, by and through the Department.
The agreement shall include the assurances and conditions
required by this Section and any other terms which the
Department may require.
ARTICLE 80. TRANSITION PROVISIONS
Section 80-5. Transfer of functions. On and after July 1,

10300HB5451ham001 - 109 - LRB103 39421 KTG 70845 a
2026:
(a) The powers, duties, rights, and responsibilities
vested in the transferring agencies relating to early care and
education programs and services to children and families
transferred by this Act shall be vested in and shall be
exercised by the Department of Early Childhood.
(b) Personnel employed by the Department of Human Services
or the Department of Children and Family Services who are
engaged in the performance of functions transferred to the
Department or who are engaged in the administration of a law
the administration of which is transferred to the Department
shall be transferred to the Department of Early Childhood.
(c) All books, records, papers, documents, property (real
and personal), contracts, causes of action, and pending
business pertaining to the powers, duties, rights, and
responsibilities relating to functions transferred under this
Act to the Department of Early Childhood, including, but not
limited to, material in electronic or magnetic format and
necessary computer hardware and software, shall be transferred
to the Department.
(d) Whenever reports or notices are now required to be
made or given or papers or documents furnished or served by any
person in connection with any of the powers, duties, rights,
and responsibilities relating to functions transferred by this
Act, the same shall be made, given, furnished, or served in the
same manner to or upon the Department.

10300HB5451ham001 - 110 - LRB103 39421 KTG 70845 a
(e) This Act does not affect any act done, ratified, or
canceled or any right occurring or established or any action
or proceeding had or commenced in an administrative, civil, or
criminal cause by each transferring agency relating to
functions transferred by this Act before the transfer of
responsibilities; such actions or proceedings may be
prosecuted and continued by the Department.
Section 80-10. Rules and standards.
(a) The rules and standards of the Department's
predecessor agencies that are in effect on June 30, 2026 and
pertain to the rights, powers, duties, and functions
transferred to the Department under this Act shall become the
rules and standards of the Department of Early Childhood on
July 1, 2026 and shall continue in effect until amended or
repealed by the Department.
(b) Any rules pertaining to the rights, powers, duties,
and functions transferred to the Department under this Act
that have been proposed by a predecessor agency but have not
taken effect or been finally adopted by June 30, 2026 shall
become proposed rules of the Department of Early Childhood on
July 1, 2026, and any rulemaking procedures that have already
been completed by the predecessor agency for those proposed
rules need not be repeated.
(c) As soon as practical after July 1, 2026, the
Department of Early Childhood shall revise and clarify the

10300HB5451ham001 - 111 - LRB103 39421 KTG 70845 a
rules transferred to it under this Act to reflect the
reorganization of rights, powers, duties, and functions
effected by this Act using the procedures for recodification
of rules available under the Illinois Administrative Procedure
Act, except that existing Title, Part, and Section numbering
for the affected rules may be retained. The Department may
propose and adopt under the Illinois Administrative Procedure
Act such other rules as may be necessary to consolidate and
clarify the rules of the agencies reorganized by this Act.
Section 80-15. Savings provisions.
(a) The rights, powers, duties, and functions transferred
to the Department of Early Childhood by this Act shall be
vested in and exercised by the Department subject to the
provisions of this Act. An act done by the Department or an
officer, employee, or agent of the Department in the exercise
of the transferred rights, powers, duties, or functions shall
have the same legal effect as if done by the predecessor agency
or an officer, employee, or agent of the predecessor agency.
(b) The transfer of rights, powers, duties, and functions
to the Department of Early Childhood under this Act does not
invalidate any previous action taken by or in respect to any of
its predecessor agencies or their officers, employees, or
agents. References to those predecessor agencies or their
officers, employees or agents in any document, contract,
agreement, or law shall, in appropriate contexts, be deemed to

10300HB5451ham001 - 112 - LRB103 39421 KTG 70845 a
refer to the Department or its officers, employees, or agents.
(c) The transfer of rights, powers, duties, and functions
to the Department of Early Childhood under this Act does not
affect any person's rights, obligations, or duties, including
any civil or criminal penalties applicable thereto, arising
out of those transferred rights, powers, duties, and
functions.
(d) With respect to matters that pertain to a right,
power, duty, or function transferred to the Department of
Early Childhood under this Act:
(1) Beginning July 1, 2026, a report or notice that
was previously required to be made or given by any person
to a predecessor agency or any of its officers, employees,
or agents shall be made or given in the same manner to the
Department or its appropriate officer, employee, or agent.
(2) Beginning July 1, 2026, a document that was
previously required to be furnished or served by any
person to or upon a predecessor agency or any of its
officers, employees, or agents shall be furnished or
served in the same manner to or upon the Department or its
appropriate officer, employee, or agent.
(e) This Act does not affect any act done, ratified, or
canceled, any right occurring or established, or any action or
proceeding had or commenced in an administrative, civil, or
criminal cause before July 1, 2026. Any such action or
proceeding that pertains to a right, power, duty, or function

10300HB5451ham001 - 113 - LRB103 39421 KTG 70845 a
transferred to the Department of Early Childhood under this
Act and that is pending on that date may be prosecuted,
defended, or continued by the Department of Early Childhood.
ARTICLE 90. AMENDATORY PROVISIONS
Section 90-5. The Civil Administrative Code of Illinois is
amended by changing Sections 5-10, 5-15, and 5-20 and by
adding Section 5-336 as follows:
(20 ILCS 5/5-10) (was 20 ILCS 5/2.1)
Sec. 5-10. "Director". As used in the Civil Administrative
Code of Illinois, unless the context clearly indicates
otherwise, the word "director" means the several directors of
the departments of State government as designated in Section
5-20 of this Law and includes the Secretary of Early
Childhood, the Secretary of Financial and Professional
Regulation, the Secretary of Innovation and Technology, the
Secretary of Human Services, and the Secretary of
Transportation.
(Source: P.A. 100-611, eff. 7-20-18.)
(20 ILCS 5/5-15) (was 20 ILCS 5/3)
Sec. 5-15. Departments of State government. The
Departments of State government are created as follows:
The Department on Aging.

10300HB5451ham001 - 114 - LRB103 39421 KTG 70845 a
The Department of Agriculture.
The Department of Central Management Services.
The Department of Children and Family Services.
The Department of Commerce and Economic Opportunity.
The Department of Corrections.
The Department of Early Childhood.
The Department of Employment Security.
The Illinois Emergency Management Agency.
The Department of Financial and Professional Regulation.
The Department of Healthcare and Family Services.
The Department of Human Rights.
The Department of Human Services.
The Department of Innovation and Technology.
The Department of Insurance.
The Department of Juvenile Justice.
The Department of Labor.
The Department of the Lottery.
The Department of Natural Resources.
The Department of Public Health.
The Department of Revenue.
The Illinois State Police.
The Department of Transportation.
The Department of Veterans' Affairs.
(Source: P.A. 102-538, eff. 8-20-21.)
(20 ILCS 5/5-20) (was 20 ILCS 5/4)

10300HB5451ham001 - 115 - LRB103 39421 KTG 70845 a
Sec. 5-20. Heads of departments. Each department shall
have an officer as its head who shall be known as director or
secretary and who shall, subject to the provisions of the
Civil Administrative Code of Illinois, execute the powers and
discharge the duties vested by law in his or her respective
department.
The following officers are hereby created:
Director of Aging, for the Department on Aging.
Director of Agriculture, for the Department of
Agriculture.
Director of Central Management Services, for the
Department of Central Management Services.
Director of Children and Family Services, for the
Department of Children and Family Services.
Director of Commerce and Economic Opportunity, for the
Department of Commerce and Economic Opportunity.
Director of Corrections, for the Department of
Corrections.
Director of the Illinois Emergency Management Agency, for
the Illinois Emergency Management Agency.
Secretary of Early Childhood, for the Department of Early
Childhood.
Director of Employment Security, for the Department of
Employment Security.
Secretary of Financial and Professional Regulation, for
the Department of Financial and Professional Regulation.

10300HB5451ham001 - 116 - LRB103 39421 KTG 70845 a
Director of Healthcare and Family Services, for the
Department of Healthcare and Family Services.
Director of Human Rights, for the Department of Human
Rights.
Secretary of Human Services, for the Department of Human
Services.
Secretary of Innovation and Technology, for the Department
of Innovation and Technology.
Director of Insurance, for the Department of Insurance.
Director of Juvenile Justice, for the Department of
Juvenile Justice.
Director of Labor, for the Department of Labor.
Director of the Lottery, for the Department of the
Lottery.
Director of Natural Resources, for the Department of
Natural Resources.
Director of Public Health, for the Department of Public
Health.
Director of Revenue, for the Department of Revenue.
Director of the Illinois State Police, for the Illinois
State Police.
Secretary of Transportation, for the Department of
Transportation.
Director of Veterans' Affairs, for the Department of
Veterans' Affairs.
(Source: P.A. 102-538, eff. 8-20-21.)

10300HB5451ham001 - 117 - LRB103 39421 KTG 70845 a
(20 ILCS 5/5-336 new)
Sec. 5-336. In the Department of Early Childhood. For
terms beginning on or after July 1, 2024, the Secretary shall
receive an annual salary of $214,988 or as set by the Governor,
whichever is higher. On July 1, 2025, and on each July 1
thereafter, the Secretary shall receive an increase in salary
based on the cost of living adjustment as authorized by Senate
Joint Resolution 192 of the 86th General Assembly.
Section 90-10. The Children and Family Services Act is
amended by changing Sections 5a, 5.15, 5.20, 22.1, 34.9, and
34.10 as follows:
(20 ILCS 505/5a) (from Ch. 23, par. 5005a)
Sec. 5a. Reimbursable services for which the Department of
Children and Family Services shall pay 100% of the reasonable
cost pursuant to a written contract negotiated between the
Department and the agency furnishing the services (which shall
include but not be limited to the determination of reasonable
cost, the services being purchased and the duration of the
agreement) include, but are not limited to:
SERVICE ACTIVITIES
Adjunctive Therapy;
Child Care Service, including day care;

10300HB5451ham001 - 118 - LRB103 39421 KTG 70845 a
Clinical Therapy;
Custodial Service;
Field Work Students;
Food Service;
Normal Education;
In-Service Training;
Intake or Evaluation, or both;
Medical Services;
Recreation;
Social Work or Counselling, or both;
Supportive Staff;
Volunteers.
OBJECT EXPENSES
Professional Fees and Contract Service Payments;
Supplies;
Telephone and Telegram;
Occupancy;
Local Transportation;
Equipment and Other Fixed Assets, including amortization
of same;
Miscellaneous.
ADMINISTRATIVE COSTS
Program Administration;
Supervision and Consultation;

10300HB5451ham001 - 119 - LRB103 39421 KTG 70845 a
Inspection and Monitoring for purposes of issuing
licenses;
Determination of Children who are eligible
for federal or other reimbursement;
Postage and Shipping;
Outside Printing, Artwork, etc.;
Subscriptions and Reference Publications;
Management and General Expense.
Reimbursement of administrative costs other than inspection
and monitoring for purposes of issuing licenses may not exceed
20% of the costs for other services.
The Department may offer services to any child or family
with respect to whom a report of suspected child abuse or
neglect has been called in to the hotline after completion of a
family assessment as provided under subsection (a-5) of
Section 7.4 of the Abused and Neglected Child Reporting Act
and the Department has determined that services are needed to
address the safety of the child and other family members and
the risk of subsequent maltreatment. Acceptance of such
services shall be voluntary.
All Object Expenses, Service Activities and Administrative
Costs are allowable.
If a survey instrument is used in the rate setting
process:
(a) with respect to any day care centers, it shall be
limited to those agencies which receive reimbursement from

10300HB5451ham001 - 120 - LRB103 39421 KTG 70845 a
the State;
(b) the cost survey instrument shall be promulgated by
rule;
(c) any requirements of the respondents shall be
promulgated by rule;
(d) all screens, limits or other tests of
reasonableness, allowability and reimbursability shall be
promulgated by rule;
(e) adjustments may be made by the Department to rates
when it determines that reported wage and salary levels
are insufficient to attract capable caregivers in
sufficient numbers.
The Department of Children and Family Services may pay
100% of the reasonable costs of research and valuation focused
exclusively on services to youth in care. Such research
projects must be approved, in advance, by the Director of the
Department.
In addition to reimbursements otherwise provided for in
this Section, the Department of Human Services, through June
30, 2026 and Department of Early Childhood beginning on and
after July 1, 2026, shall, in accordance with annual written
agreements, make advance quarterly disbursements to local
public agencies for child day care services with funds
appropriated from the Local Effort Day Care Fund.
Neither the Department of Children and Family Services nor
the Department of Human Services through June 30, 2026 and the

10300HB5451ham001 - 121 - LRB103 39421 KTG 70845 a
Department of Early Childhood beginning on and after July 1,
2026 shall pay or approve reimbursement for day care in a
facility which is operating without a valid license or permit,
except in the case of day care homes or day care centers which
are exempt from the licensing requirements of the Child Care
Act of 1969.
The rates paid to day care providers by the Department of
Children and Family Services shall match the rates paid to
child care providers by the Department of Human Services,
including base rates and any relevant rate enhancements
through June 30, 2026. On and after July 1, 2026, the
Department of Early Childhood shall pay day care providers,
who service the Department of Children and Family Services
under the child care assistance program, including base rates
and any relevant rate enhancements.
In addition to reimbursements otherwise provided for in
this Section, the Department of Human Services shall, in
accordance with annual written agreements, make advance
quarterly disbursements to local public agencies for child day
care services with funds appropriated from the Local Effort
Day Care Fund.
Neither the Department of Children and Family Services nor
the Department of Human Services shall pay or approve
reimbursement for day care in a facility which is operating
without a valid license or permit, except in the case of day
care homes or day care centers which are exempt from the

10300HB5451ham001 - 122 - LRB103 39421 KTG 70845 a
licensing requirements of the "Child Care Act of 1969".
The rates paid to day care providers by the Department of
Children and Family Services shall match the rates paid to
child care providers by the Department of Human Services under
the child care assistance program, including base rates and
any relevant rate enhancements.
(Source: P.A. 102-926, eff. 7-1-23.)
(20 ILCS 505/5.15)
Sec. 5.15. Day care Daycare; Department of Human Services.
(a) For the purpose of ensuring effective statewide
planning, development, and utilization of resources for the
day care of children, operated under various auspices, the
Department of Human Services is designated to coordinate all
day care activities for children of the State and shall
develop or continue, and shall update every year, a State
comprehensive day-care plan for submission to the Governor
that identifies high-priority areas and groups, relating them
to available resources and identifying the most effective
approaches to the use of existing day care services. The State
comprehensive day-care plan shall be made available to the
General Assembly following the Governor's approval of the
plan.
The plan shall include methods and procedures for the
development of additional day care resources for children to
meet the goal of reducing short-run and long-run dependency

10300HB5451ham001 - 123 - LRB103 39421 KTG 70845 a
and to provide necessary enrichment and stimulation to the
education of young children. Recommendations shall be made for
State policy on optimum use of private and public, local,
State and federal resources, including an estimate of the
resources needed for the licensing and regulation of day care
facilities.
A written report shall be submitted to the Governor and
the General Assembly annually on April 15. The report shall
include an evaluation of developments over the preceding
fiscal year, including cost-benefit analyses of various
arrangements. Beginning with the report in 1990 submitted by
the Department's predecessor agency and every 2 years
thereafter, the report shall also include the following:
(1) An assessment of the child care services, needs
and available resources throughout the State and an
assessment of the adequacy of existing child care
services, including, but not limited to, services assisted
under this Act and under any other program administered by
other State agencies.
(2) A survey of day care facilities to determine the
number of qualified caregivers, as defined by rule,
attracted to vacant positions and any problems encountered
by facilities in attracting and retaining capable
caregivers. The report shall include an assessment, based
on the survey, of improvements in employee benefits that
may attract capable caregivers.

10300HB5451ham001 - 124 - LRB103 39421 KTG 70845 a
(3) The average wages and salaries and fringe benefit
packages paid to caregivers throughout the State, computed
on a regional basis, compared to similarly qualified
employees in other but related fields.
(4) The qualifications of new caregivers hired at
licensed day care facilities during the previous 2-year
period.
(5) Recommendations for increasing caregiver wages and
salaries to ensure quality care for children.
(6) Evaluation of the fee structure and income
eligibility for child care subsidized by the State.
The requirement for reporting to the General Assembly
shall be satisfied by filing copies of the report as required
by Section 3.1 of the General Assembly Organization Act, and
filing such additional copies with the State Government Report
Distribution Center for the General Assembly as is required
under paragraph (t) of Section 7 of the State Library Act.
(b) The Department of Human Services shall establish
policies and procedures for developing and implementing
interagency agreements with other agencies of the State
providing child care services or reimbursement for such
services. The plans shall be annually reviewed and modified
for the purpose of addressing issues of applicability and
service system barriers.
(c) In cooperation with other State agencies, the
Department of Human Services shall develop and implement, or

10300HB5451ham001 - 125 - LRB103 39421 KTG 70845 a
shall continue, a resource and referral system for the State
of Illinois either within the Department or by contract with
local or regional agencies. Funding for implementation of this
system may be provided through Department appropriations or
other inter-agency funding arrangements. The resource and
referral system shall provide at least the following services:
(1) Assembling and maintaining a data base on the
supply of child care services.
(2) Providing information and referrals for parents.
(3) Coordinating the development of new child care
resources.
(4) Providing technical assistance and training to
child care service providers.
(5) Recording and analyzing the demand for child care
services.
(d) The Department of Human Services shall conduct day
care planning activities with the following priorities:
(1) Development of voluntary day care resources
wherever possible, with the provision for grants-in-aid
only where demonstrated to be useful and necessary as
incentives or supports. By January 1, 2002, the Department
shall design a plan to create more child care slots as well
as goals and timetables to improve quality and
accessibility of child care.
(2) Emphasis on service to children of recipients of
public assistance when such service will allow training or

10300HB5451ham001 - 126 - LRB103 39421 KTG 70845 a
employment of the parent toward achieving the goal of
independence.
(3) (Blank).
(4) Care of children from families in stress and
crises whose members potentially may become, or are in
danger of becoming, non-productive and dependent.
(5) Expansion of family day care facilities wherever
possible.
(6) Location of centers in economically depressed
neighborhoods, preferably in multi-service centers with
cooperation of other agencies. The Department shall
coordinate the provision of grants, but only to the extent
funds are specifically appropriated for this purpose, to
encourage the creation and expansion of child care centers
in high need communities to be issued by the State,
business, and local governments.
(7) Use of existing facilities free of charge or for
reasonable rental whenever possible in lieu of
construction.
(8) Development of strategies for assuring a more
complete range of day care options, including provision of
day care services in homes, in schools, or in centers,
which will enable a parent or parents to complete a course
of education or obtain or maintain employment and the
creation of more child care options for swing shift,
evening, and weekend workers and for working women with

10300HB5451ham001 - 127 - LRB103 39421 KTG 70845 a
sick children. The Department shall encourage companies to
provide child care in their own offices or in the building
in which the corporation is located so that employees of
all the building's tenants can benefit from the facility.
(9) Development of strategies for subsidizing students
pursuing degrees in the child care field.
(10) Continuation and expansion of service programs
that assist teen parents to continue and complete their
education.
Emphasis shall be given to support services that will help
to ensure such parents' graduation from high school and to
services for participants in any programs of job training
conducted by the Department.
(e) The Department of Human Services shall actively
stimulate the development of public and private resources at
the local level. It shall also seek the fullest utilization of
federal funds directly or indirectly available to the
Department.
Where appropriate, existing non-governmental agencies or
associations shall be involved in planning by the Department.
(f) To better accommodate the child care needs of low
income working families, especially those who receive
Temporary Assistance for Needy Families (TANF) or who are
transitioning from TANF to work, or who are at risk of
depending on TANF in the absence of child care, the Department
shall complete a study using outcome-based assessment

10300HB5451ham001 - 128 - LRB103 39421 KTG 70845 a
measurements to analyze the various types of child care needs,
including but not limited to: child care homes; child care
facilities; before and after school care; and evening and
weekend care. Based upon the findings of the study, the
Department shall develop a plan by April 15, 1998, that
identifies the various types of child care needs within
various geographic locations. The plan shall include, but not
be limited to, the special needs of parents and guardians in
need of non-traditional child care services such as early
mornings, evenings, and weekends; the needs of very low income
families and children and how they might be better served; and
strategies to assist child care providers to meet the needs
and schedules of low income families.
(g) This Section is repealed on July 1, 2026.
(Source: P.A. 100-1148, eff. 12-10-18.)
(20 ILCS 505/5.20)
Sec. 5.20. Child care for former public aid recipients;
Department of Human Services. The Department of Human Services
may provide child care services to former recipients of
assistance under the Illinois Public Aid Code as authorized by
Section 9-6.3 of that Code. This Section is repealed on July 1,
2026.
(Source: P.A. 89-507, eff. 7-1-97.)
(20 ILCS 505/22.1) (from Ch. 23, par. 5022.1)

10300HB5451ham001 - 129 - LRB103 39421 KTG 70845 a
Sec. 22.1. Grants-in-aid for child care services;
Department of Human Services.
(a) Blank.
(b) Blank.
(c) The Department of Human Services shall establish and
operate day care facilities for the children of migrant
workers in areas of the State where they are needed. The
Department may provide these day care services by contracting
with private centers if practicable. "Migrant worker" means
any person who moves seasonally from one place to another,
within or without the State, for the purpose of employment in
agricultural activities. This Section is repealed on July 1,
2026.
(Source: P.A. 97-516, eff. 8-23-11.)
(20 ILCS 505/34.9) (from Ch. 23, par. 5034.9)
Sec. 34.9. The Department may, in conjunction with
colleges or universities in this State, establish programs to
train low-income older persons to be child care workers. The
Department shall prescribe, by rule:
(a) age and income qualifications for persons to be
trained under such programs; and
(b) standards for such programs to ensure that such
programs train participants to be skilled workers for the
child care industry.
This Section is repealed on July 1, 2026.

10300HB5451ham001 - 130 - LRB103 39421 KTG 70845 a
(Source: P.A. 86-889.)
(20 ILCS 505/34.10) (from Ch. 23, par. 5034.10)
Sec. 34.10. Home child care demonstration project;
conversion and renovation grants; Department of Human
Services.
(a) The legislature finds that the demand for quality
child care far outweighs the number of safe, quality spaces
for our children. The purpose of this Section is to increase
the number of child care providers by:
(1) developing a demonstration project to train
individuals to become home child care providers who are
able to establish and operate their own child care
facility; and
(2) providing grants to convert and renovate existing
facilities.
(b) The Department of Human Services may from
appropriations from the Child Care Development Block Grant
establish a demonstration project to train individuals to
become home child care providers who are able to establish and
operate their own home-based child care facilities. The
Department of Human Services is authorized to use funds for
this purpose from the child care and development funds
deposited into the DHS Special Purposes Trust Fund as
described in Section 12-10 of the Illinois Public Aid Code or
deposited into the Employment and Training Fund as described

10300HB5451ham001 - 131 - LRB103 39421 KTG 70845 a
in Section 12-10.3 of the Illinois Public Aid Code. As an
economic development program, the project's focus is to foster
individual self-sufficiency through an entrepreneurial
approach by the creation of new jobs and opening of new small
home-based child care businesses. The demonstration project
shall involve coordination among State and county governments
and the private sector, including but not limited to: the
community college system, the Departments of Labor and
Commerce and Economic Opportunity, the State Board of
Education, large and small private businesses, nonprofit
programs, unions, and child care providers in the State.
The Department shall submit:
(1) a progress report on the demonstration project to
the legislature by one year after January 1, 1992 (the
effective date of Public Act 87-332); and
(2) a final evaluation report on the demonstration
project, including findings and recommendations, to the
legislature by one year after the due date of the progress
report.
(c) The Department of Human Services may from
appropriations from the Child Care Development Block Grant
provide grants to family child care providers and center based
programs to convert and renovate existing facilities, to the
extent permitted by federal law, so additional family child
care homes and child care centers can be located in such
facilities.

10300HB5451ham001 - 132 - LRB103 39421 KTG 70845 a
(1) Applications for grants shall be made to the
Department and shall contain information as the Department
shall require by rule. Every applicant shall provide
assurance to the Department that:
(A) the facility to be renovated or improved shall
be used as family child care home or child care center
for a continuous period of at least 5 years;
(B) any family child care home or child care
center program located in a renovated or improved
facility shall be licensed by the Department;
(C) the program shall comply with applicable
federal and State laws prohibiting discrimination
against any person on the basis of race, color,
national origin, religion, creed, or sex;
(D) the grant shall not be used for purposes of
entertainment or perquisites;
(E) the applicant shall comply with any other
requirement the Department may prescribe to ensure
adherence to applicable federal, State, and county
laws;
(F) all renovations and improvements undertaken
with funds received under this Section shall comply
with all applicable State and county statutes and
ordinances including applicable building codes and
structural requirements of the Department; and
(G) the applicant shall indemnify and save

10300HB5451ham001 - 133 - LRB103 39421 KTG 70845 a
harmless the State and its officers, agents, and
employees from and against any and all claims arising
out of or resulting from the renovation and
improvements made with funds provided by this Section,
and, upon request of the Department, the applicant
shall procure sufficient insurance to provide that
indemnification.
(2) To receive a grant under this Section to convert
an existing facility into a family child care home or
child care center facility, the applicant shall:
(A) agree to make available to the Department of
Human Services all records it may have relating to the
operation of any family child care home and child care
center facility, and to allow State agencies to
monitor its compliance with the purpose of this
Section;
(B) agree that, if the facility is to be altered or
improved, or is to be used by other groups, moneys
appropriated by this Section shall be used for
renovating or improving the facility only to the
proportionate extent that the floor space will be used
by the child care program; and
(C) establish, to the satisfaction of the
Department, that sufficient funds are available for
the effective use of the facility for the purpose for
which it is being renovated or improved.

10300HB5451ham001 - 134 - LRB103 39421 KTG 70845 a
(3) In selecting applicants for funding, the
Department shall make every effort to ensure that family
child care home or child care center facilities are
equitably distributed throughout the State according to
demographic need. The Department shall give priority
consideration to rural/Downstate areas of the State that
are currently experiencing a shortage of child care
services.
(4) In considering applications for grants to renovate
or improve an existing facility used for the operations of
a family child care home or child care center, the
Department shall give preference to applications to
renovate facilities most in need of repair to address
safety and habitability concerns. No grant shall be
disbursed unless an agreement is entered into between the
applicant and the State, by and through the Department.
The agreement shall include the assurances and conditions
required by this Section and any other terms which the
Department may require.
(d) This Section is repealed on July 1, 2026.
(Source: P.A. 103-363, eff. 7-28-23.)
Section 90-15. The Department of Human Services Act is
amended by changing Sections 1-75, 10-16, and 10-22 as
follows:

10300HB5451ham001 - 135 - LRB103 39421 KTG 70845 a
(20 ILCS 1305/1-75)
Sec. 1-75. Off-Hours Child Care Program.
(a) Legislative intent. The General Assembly finds that:
(1) Finding child care can be a challenge for
firefighters, paramedics, police officers, nurses, and
other third shift workers across the State who often work
non-typical work hours. This can impact home life, school,
bedtime routines, job safety, and the mental health of
some of our most critical front line workers and their
families.
(2) There is a need for increased options for
off-hours child care in the State. A majority of the
State's child care facilities do not provide care outside
of normal work hours, with just 3,251 day care homes and
435 group day care homes that provide night care.
(3) Illinois has a vested interest in ensuring that
our first responders and working families can provide
their children with appropriate care during off hours to
improve the morale of existing first responders and to
improve recruitment into the future.
(b) As used in this Section, "first responders" means
emergency medical services personnel as defined in the
Emergency Medical Services (EMS) Systems Act, firefighters,
law enforcement officers, and, as determined by the
Department, any other workers who, on account of their work
schedule, need child care outside of the hours when licensed

10300HB5451ham001 - 136 - LRB103 39421 KTG 70845 a
child care facilities typically operate.
(c) Subject to appropriation, the Department of Human
Services shall establish and administer an Off-Hours Child
Care Program to help first responders and other workers
identify and access off-hours, night, or sleep time child
care. Services funded under the program must address the child
care needs of first responders. Funding provided under the
program may also be used to cover any capital and operating
expenses related to the provision of off-hours, night, or
sleep time child care for first responders. Funding awarded
under this Section shall be funded through appropriations from
the Off-Hours Child Care Program Fund created under subsection
(d). The Department shall implement the program by July 1,
2023. The Department may adopt any rules necessary to
implement the program.
(d) The Off-Hours Child Care Program Fund is created as a
special fund in the State treasury. The Fund shall consist of
any moneys appropriated to the Department of Human Services
for the Off-Hours Child Care Program. Moneys in the Fund shall
be expended for the Off-Hours Child Care Program and for no
other purpose. All interest earned on moneys in the Fund shall
be deposited into the Fund.
(e) This Section is repealed on July 1, 2026.
(Source: P.A. 102-912, eff. 5-27-22; 103-154, eff. 6-30-23.)
(20 ILCS 1305/10-16)

10300HB5451ham001 - 137 - LRB103 39421 KTG 70845 a
Sec. 10-16. Home visiting program.
(a) The General Assembly finds that research-informed home
visiting programs work to strengthen families' functioning and
support parents in caring for their children to ensure optimal
child development.
(b) The Department shall establish a home visiting program
to support communities in providing intensive home visiting
programs to pregnant persons and families with children from
birth up to elementary school enrollment. Services shall be
offered on a voluntary basis to families. In awarding grants
under the program, the Department shall prioritize populations
or communities in need of such services, as determined by the
Department, based on data including, but not limited to,
statewide home visiting needs assessments. Eligibility under
the program shall also take into consideration requirements of
the federal Maternal, Infant, and Early Childhood Home
Visiting Program and Head Start and Early Head Start to ensure
appropriate alignment. The overall goals for these services
are to:
(1) improve maternal and newborn health;
(2) prevent child abuse and neglect;
(3) promote children's development and readiness to
participate in school; and
(4) connect families to needed community resources and
supports.
(b) Allowable uses of funding include:

10300HB5451ham001 - 138 - LRB103 39421 KTG 70845 a
(1) Grants to community-based organizations to
implement home visiting and family support services with
fidelity to research-informed home visiting program
models, as defined by the Department. Services may
include, but are not limited to:
(A) personal visits with a child and the child's
parent or caregiver at a periodicity aligned with the
model being implemented;
(B) opportunities for connections with other
parents and caregivers in their community and other
social and community supports;
(C) enhancements to research-informed home
visiting program models based on community needs
including doula services, and other program
innovations as approved by the Department; and
(D) referrals to other resources needed by
families.
(2) Infrastructure supports for grantees, including,
but not limited to, professional development for the
workforce, technical assistance and capacity-building,
data system and supports, infant and early childhood
mental health consultation, trauma-informed practices,
research, universal newborn screening, and coordinated
intake.
(c) Subject to appropriation, the Department shall award
grants to community-based agencies in accordance with this

10300HB5451ham001 - 139 - LRB103 39421 KTG 70845 a
Section and any other rules that may be adopted by the
Department. Successful grantees under this program shall
comply with policies and procedures on program, data, and
expense reporting as developed by the Department.
(d) Funds received under this Section shall supplement,
not supplant, other existing or new federal, State, or local
sources of funding for these services. Any new federal funding
received shall supplement and not supplant funding for this
program.
(e) The Department shall collaborate with relevant
agencies to support the coordination and alignment of home
visiting services provided through other State and federal
funds, to the extent possible. The Department shall
collaborate with the State Board of Education, the Department
of Healthcare and Family Services, and Head Start and Early
Head Start in the implementation of these services to support
alignment with home visiting services provided through the
Early Childhood Block Grant and the State's Medical Assistance
Program, respectively, to the extent possible.
(f) An advisory committee shall advise the Department
concerning the implementation of the home visiting program.
The advisory committee shall make recommendations on policy
and implementation. The Department shall determine whether the
advisory committee shall be a newly created body or an
existing body such as a committee of the Illinois Early
Learning Council. The advisory committee shall consist of one

10300HB5451ham001 - 140 - LRB103 39421 KTG 70845 a
or more representatives of the Department, other members
representing public and private entities that serve and
interact with the families served under the home visiting
program, with the input of families engaged in home visiting
or related services themselves. Family input may be secured by
engaging families as members of this advisory committee or as
a separate committee of family representatives.
(g) The Department may adopt any rules necessary to
implement this Section.
(i) This Section is repealed on July 1, 2026.
(Source: P.A. 103-498, eff. 1-1-24.)
(20 ILCS 1305/10-22)
Sec. 10-22. Great START program.
(a) The Department of Human Services shall, subject to a
specific appropriation for this purpose, operate a Great START
(Strategy To Attract and Retain Teachers) program. The goal of
the program is to improve children's developmental and
educational outcomes in child care by encouraging increased
professional preparation by staff and staff retention. The
Great START program shall coordinate with the TEACH
professional development program.
The program shall provide wage supplements and may include
other incentives to licensed child care center personnel,
including early childhood teachers, school-age workers, early
childhood assistants, school-age assistants, and directors, as

10300HB5451ham001 - 141 - LRB103 39421 KTG 70845 a
such positions are defined by administrative rule of the
Department of Children and Family Services. The program shall
provide wage supplements and may include other incentives to
licensed family day care home personnel and licensed group day
care home personnel, including caregivers and assistants as
such positions are defined by administrative rule of the
Department of Children and Family Services. Individuals will
receive supplements commensurate with their qualifications.
(b) (Blank).
(c) The Department shall, by rule, define the scope and
operation of the program, including a wage supplement scale.
The scale shall pay increasing amounts for higher levels of
educational attainment beyond minimum qualifications and shall
recognize longevity of employment. Subject to the availability
of sufficient appropriation, the wage supplements shall be
paid to child care personnel in the form of bonuses at 6 month
intervals. Six months of continuous service with a single
employer is required to be eligible to receive a wage
supplement bonus. Wage supplements shall be paid directly to
individual day care personnel, not to their employers.
Eligible individuals must provide to the Department or its
agent all information and documentation, including but not
limited to college transcripts, to demonstrate their
qualifications for a particular wage supplement level.
If appropriations permit, the Department may include
one-time signing bonuses or other incentives to help providers

10300HB5451ham001 - 142 - LRB103 39421 KTG 70845 a
attract staff, provided that the signing bonuses are less than
the supplement staff would have received if they had remained
employed with another day care center or family day care home.
If appropriations permit, the Department may include
one-time longevity bonuses or other incentives to recognize
staff who have remained with a single employer.
(d) (Blank).
(e) This Section is repealed on July 1, 2026.
(Source: P.A. 93-711, eff. 7-12-04.)
Section 90-20. The Illinois Early Learning Council Act is
amended by changing Section 10 as follows:
(20 ILCS 3933/10)
Sec. 10. Membership. The Illinois Early Learning Council
shall include representation from both public and private
organizations, and its membership shall reflect regional,
racial, and cultural diversity to ensure representation of the
needs of all Illinois children. One member shall be appointed
by the President of the Senate, one member appointed by the
Minority Leader of the Senate, one member appointed by the
Speaker of the House of Representatives, one member appointed
by the Minority Leader of the House of Representatives, and
other members appointed by the Governor. The Governor's
appointments shall include without limitation the following:
(1) A leader of stature from the Governor's office, to

10300HB5451ham001 - 143 - LRB103 39421 KTG 70845 a
serve as co-chairperson of the Council.
(2) The chief administrators of the following State
agencies: Department of Early Childhood, State Board of
Education; Department of Human Services; Department of
Children and Family Services; Department of Public Health;
Department of Healthcare and Family Services; Board of
Higher Education; and Illinois Community College Board.
(3) Local government stakeholders and nongovernment
stakeholders with an interest in early childhood care and
education, including representation from the following
private-sector fields and constituencies: early childhood
education and development; child care; child advocacy;
parenting support; local community collaborations among
early care and education programs and services; maternal
and child health; children with special needs; business;
labor; and law enforcement. The Governor shall designate
one of the members who is a nongovernment stakeholder to
serve as co-chairperson.
In addition, the Governor shall request that the Region V
office of the U.S. Department of Health and Human Services'
Administration for Children and Families appoint a member to
the Council to represent federal children's programs and
services.
Members appointed by General Assembly members and members
appointed by the Governor who are local government or
nongovernment stakeholders shall serve 3-year terms, except

10300HB5451ham001 - 144 - LRB103 39421 KTG 70845 a
that of the initial appointments, half of these members, as
determined by lot, shall be appointed to 2-year terms so that
terms are staggered. Members shall serve on a voluntary,
unpaid basis.
(Source: P.A. 95-331, eff. 8-21-07.)
Section 90-25. The Illinois Procurement Code is amended by
changing Section 1-10 as follows:
(30 ILCS 500/1-10)
Sec. 1-10. Application.
(a) This Code applies only to procurements for which
bidders, offerors, potential contractors, or contractors were
first solicited on or after July 1, 1998. This Code shall not
be construed to affect or impair any contract, or any
provision of a contract, entered into based on a solicitation
prior to the implementation date of this Code as described in
Article 99, including, but not limited to, any covenant
entered into with respect to any revenue bonds or similar
instruments. All procurements for which contracts are
solicited between the effective date of Articles 50 and 99 and
July 1, 1998 shall be substantially in accordance with this
Code and its intent.
(b) This Code shall apply regardless of the source of the
funds with which the contracts are paid, including federal
assistance moneys. This Code shall not apply to:

10300HB5451ham001 - 145 - LRB103 39421 KTG 70845 a
(1) Contracts between the State and its political
subdivisions or other governments, or between State
governmental bodies, except as specifically provided in
this Code.
(2) Grants, except for the filing requirements of
Section 20-80.
(3) Purchase of care, except as provided in Section
5-30.6 of the Illinois Public Aid Code and this Section.
(4) Hiring of an individual as an employee and not as
an independent contractor, whether pursuant to an
employment code or policy or by contract directly with
that individual.
(5) Collective bargaining contracts.
(6) Purchase of real estate, except that notice of
this type of contract with a value of more than $25,000
must be published in the Procurement Bulletin within 10
calendar days after the deed is recorded in the county of
jurisdiction. The notice shall identify the real estate
purchased, the names of all parties to the contract, the
value of the contract, and the effective date of the
contract.
(7) Contracts necessary to prepare for anticipated
litigation, enforcement actions, or investigations,
provided that the chief legal counsel to the Governor
shall give his or her prior approval when the procuring
agency is one subject to the jurisdiction of the Governor,

10300HB5451ham001 - 146 - LRB103 39421 KTG 70845 a
and provided that the chief legal counsel of any other
procuring entity subject to this Code shall give his or
her prior approval when the procuring entity is not one
subject to the jurisdiction of the Governor.
(8) (Blank).
(9) Procurement expenditures by the Illinois
Conservation Foundation when only private funds are used.
(10) (Blank).
(11) Public-private agreements entered into according
to the procurement requirements of Section 20 of the
Public-Private Partnerships for Transportation Act and
design-build agreements entered into according to the
procurement requirements of Section 25 of the
Public-Private Partnerships for Transportation Act.
(12) (A) Contracts for legal, financial, and other
professional and artistic services entered into by the
Illinois Finance Authority in which the State of Illinois
is not obligated. Such contracts shall be awarded through
a competitive process authorized by the members of the
Illinois Finance Authority and are subject to Sections
5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,
as well as the final approval by the members of the
Illinois Finance Authority of the terms of the contract.
(B) Contracts for legal and financial services entered
into by the Illinois Housing Development Authority in
connection with the issuance of bonds in which the State

10300HB5451ham001 - 147 - LRB103 39421 KTG 70845 a
of Illinois is not obligated. Such contracts shall be
awarded through a competitive process authorized by the
members of the Illinois Housing Development Authority and
are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,
and 50-37 of this Code, as well as the final approval by
the members of the Illinois Housing Development Authority
of the terms of the contract.
(13) Contracts for services, commodities, and
equipment to support the delivery of timely forensic
science services in consultation with and subject to the
approval of the Chief Procurement Officer as provided in
subsection (d) of Section 5-4-3a of the Unified Code of
Corrections, except for the requirements of Sections
20-60, 20-65, 20-70, and 20-160 and Article 50 of this
Code; however, the Chief Procurement Officer may, in
writing with justification, waive any certification
required under Article 50 of this Code. For any contracts
for services which are currently provided by members of a
collective bargaining agreement, the applicable terms of
the collective bargaining agreement concerning
subcontracting shall be followed.
On and after January 1, 2019, this paragraph (13),
except for this sentence, is inoperative.
(14) Contracts for participation expenditures required
by a domestic or international trade show or exhibition of
an exhibitor, member, or sponsor.

10300HB5451ham001 - 148 - LRB103 39421 KTG 70845 a
(15) Contracts with a railroad or utility that
requires the State to reimburse the railroad or utilities
for the relocation of utilities for construction or other
public purpose. Contracts included within this paragraph
(15) shall include, but not be limited to, those
associated with: relocations, crossings, installations,
and maintenance. For the purposes of this paragraph (15),
"railroad" means any form of non-highway ground
transportation that runs on rails or electromagnetic
guideways and "utility" means: (1) public utilities as
defined in Section 3-105 of the Public Utilities Act, (2)
telecommunications carriers as defined in Section 13-202
of the Public Utilities Act, (3) electric cooperatives as
defined in Section 3.4 of the Electric Supplier Act, (4)
telephone or telecommunications cooperatives as defined in
Section 13-212 of the Public Utilities Act, (5) rural
water or waste water systems with 10,000 connections or
less, (6) a holder as defined in Section 21-201 of the
Public Utilities Act, and (7) municipalities owning or
operating utility systems consisting of public utilities
as that term is defined in Section 11-117-2 of the
Illinois Municipal Code.
(16) Procurement expenditures necessary for the
Department of Public Health to provide the delivery of
timely newborn screening services in accordance with the
Newborn Metabolic Screening Act.

10300HB5451ham001 - 149 - LRB103 39421 KTG 70845 a
(17) Procurement expenditures necessary for the
Department of Agriculture, the Department of Financial and
Professional Regulation, the Department of Human Services,
and the Department of Public Health to implement the
Compassionate Use of Medical Cannabis Program and Opioid
Alternative Pilot Program requirements and ensure access
to medical cannabis for patients with debilitating medical
conditions in accordance with the Compassionate Use of
Medical Cannabis Program Act.
(18) This Code does not apply to any procurements
necessary for the Department of Agriculture, the
Department of Financial and Professional Regulation, the
Department of Human Services, the Department of Commerce
and Economic Opportunity, and the Department of Public
Health to implement the Cannabis Regulation and Tax Act if
the applicable agency has made a good faith determination
that it is necessary and appropriate for the expenditure
to fall within this exemption and if the process is
conducted in a manner substantially in accordance with the
requirements of Sections 20-160, 25-60, 30-22, 50-5,
50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
50-36, 50-37, 50-38, and 50-50 of this Code; however, for
Section 50-35, compliance applies only to contracts or
subcontracts over $100,000. Notice of each contract
entered into under this paragraph (18) that is related to
the procurement of goods and services identified in

10300HB5451ham001 - 150 - LRB103 39421 KTG 70845 a
paragraph (1) through (9) of this subsection shall be
published in the Procurement Bulletin within 14 calendar
days after contract execution. The Chief Procurement
Officer shall prescribe the form and content of the
notice. Each agency shall provide the Chief Procurement
Officer, on a monthly basis, in the form and content
prescribed by the Chief Procurement Officer, a report of
contracts that are related to the procurement of goods and
services identified in this subsection. At a minimum, this
report shall include the name of the contractor, a
description of the supply or service provided, the total
amount of the contract, the term of the contract, and the
exception to this Code utilized. A copy of any or all of
these contracts shall be made available to the Chief
Procurement Officer immediately upon request. The Chief
Procurement Officer shall submit a report to the Governor
and General Assembly no later than November 1 of each year
that includes, at a minimum, an annual summary of the
monthly information reported to the Chief Procurement
Officer. This exemption becomes inoperative 5 years after
June 25, 2019 (the effective date of Public Act 101-27).
(19) Acquisition of modifications or adjustments,
limited to assistive technology devices and assistive
technology services, adaptive equipment, repairs, and
replacement parts to provide reasonable accommodations (i)
that enable a qualified applicant with a disability to

10300HB5451ham001 - 151 - LRB103 39421 KTG 70845 a
complete the job application process and be considered for
the position such qualified applicant desires, (ii) that
modify or adjust the work environment to enable a
qualified current employee with a disability to perform
the essential functions of the position held by that
employee, (iii) to enable a qualified current employee
with a disability to enjoy equal benefits and privileges
of employment as are enjoyed by other similarly situated
employees without disabilities, and (iv) that allow a
customer, client, claimant, or member of the public
seeking State services full use and enjoyment of and
access to its programs, services, or benefits.
For purposes of this paragraph (19):
"Assistive technology devices" means any item, piece
of equipment, or product system, whether acquired
commercially off the shelf, modified, or customized, that
is used to increase, maintain, or improve functional
capabilities of individuals with disabilities.
"Assistive technology services" means any service that
directly assists an individual with a disability in
selection, acquisition, or use of an assistive technology
device.
"Qualified" has the same meaning and use as provided
under the federal Americans with Disabilities Act when
describing an individual with a disability.
(20) Procurement expenditures necessary for the

10300HB5451ham001 - 152 - LRB103 39421 KTG 70845 a
Illinois Commerce Commission to hire third-party
facilitators pursuant to Sections 16-105.17 and 16-108.18
of the Public Utilities Act or an ombudsman pursuant to
Section 16-107.5 of the Public Utilities Act, a
facilitator pursuant to Section 16-105.17 of the Public
Utilities Act, or a grid auditor pursuant to Section
16-105.10 of the Public Utilities Act.
(21) Procurement expenditures for the purchase,
renewal, and expansion of software, software licenses, or
software maintenance agreements that support the efforts
of the Illinois State Police to enforce, regulate, and
administer the Firearm Owners Identification Card Act, the
Firearm Concealed Carry Act, the Firearms Restraining
Order Act, the Firearm Dealer License Certification Act,
the Law Enforcement Agencies Data System (LEADS), the
Uniform Crime Reporting Act, the Criminal Identification
Act, the Illinois Uniform Conviction Information Act, and
the Gun Trafficking Information Act, or establish or
maintain record management systems necessary to conduct
human trafficking investigations or gun trafficking or
other stolen firearm investigations. This paragraph (21)
applies to contracts entered into on or after January 10,
2023 (the effective date of Public Act 102-1116) and the
renewal of contracts that are in effect on January 10,
2023 (the effective date of Public Act 102-1116).
(22) Contracts for project management services and

10300HB5451ham001 - 153 - LRB103 39421 KTG 70845 a
system integration services required for the completion of
the State's enterprise resource planning project. This
exemption becomes inoperative 5 years after June 7, 2023
(the effective date of the changes made to this Section by
Public Act 103-8). This paragraph (22) applies to
contracts entered into on or after June 7, 2023 (the
effective date of the changes made to this Section by
Public Act 103-8) and the renewal of contracts that are in
effect on June 7, 2023 (the effective date of the changes
made to this Section by Public Act 103-8).
(23) Procurements necessary for the Department of
Insurance to implement the Illinois Health Benefits
Exchange Law if the Department of Insurance has made a
good faith determination that it is necessary and
appropriate for the expenditure to fall within this
exemption. The procurement process shall be conducted in a
manner substantially in accordance with the requirements
of Sections 20-160 and 25-60 and Article 50 of this Code. A
copy of these contracts shall be made available to the
Chief Procurement Officer immediately upon request. This
paragraph is inoperative 5 years after June 27, 2023 (the
effective date of Public Act 103-103).
(24) (22) Contracts for public education programming,
noncommercial sustaining announcements, public service
announcements, and public awareness and education
messaging with the nonprofit trade associations of the

10300HB5451ham001 - 154 - LRB103 39421 KTG 70845 a
providers of those services that inform the public on
immediate and ongoing health and safety risks and hazards.
(25) Procurements necessary for the Department of
Early Childhood to implement the Department of Early
Childhood Act if the Department has made a good faith
determination that it is necessary and appropriate for the
expenditure to fall within this exemption. This exemption
shall only be used for products and services procured
solely for use by the Department of Early Childhood. The
procurements may include those necessary to design and
build integrated, operational systems of programs and
services. The procurements may include, but are not
limited to, those necessary to align and update program
standards, integrate funding systems, design and establish
data and reporting systems, align and update models for
technical assistance and professional development, design
systems to manage grants and ensure compliance, design and
implement management and operational structures, and
establish new means of engaging with families, educators,
providers, and stakeholders. The procurement processes
shall be conducted in a manner substantially in accordance
with the requirements of Article 50 (ethics) and Sections
5-5 (Procurement Policy Board), 5-7 (Commission on Equity
and Inclusion), 20-80 (contract files), 20-120
(subcontractors), 20-155 (paperwork), 20-160
(ethics/campaign contribution prohibitions), 25-60

10300HB5451ham001 - 155 - LRB103 39421 KTG 70845 a
(prevailing wage), and 25-90 (prohibited and authorized
cybersecurity) of this Code. Beginning January 1, 2025,
the Department of Early Childhood shall provide a
quarterly report to the General Assembly detailing a list
of expenditures and contracts for which the Department
uses this exemption. This paragraph is inoperative on and
after July 1, 2027.
Notwithstanding any other provision of law, for contracts
with an annual value of more than $100,000 entered into on or
after October 1, 2017 under an exemption provided in any
paragraph of this subsection (b), except paragraph (1), (2),
or (5), each State agency shall post to the appropriate
procurement bulletin the name of the contractor, a description
of the supply or service provided, the total amount of the
contract, the term of the contract, and the exception to the
Code utilized. The chief procurement officer shall submit a
report to the Governor and General Assembly no later than
November 1 of each year that shall include, at a minimum, an
annual summary of the monthly information reported to the
chief procurement officer.
(c) This Code does not apply to the electric power
procurement process provided for under Section 1-75 of the
Illinois Power Agency Act and Section 16-111.5 of the Public
Utilities Act. This Code does not apply to the procurement of
technical and policy experts pursuant to Section 1-129 of the
Illinois Power Agency Act.

10300HB5451ham001 - 156 - LRB103 39421 KTG 70845 a
(d) Except for Section 20-160 and Article 50 of this Code,
and as expressly required by Section 9.1 of the Illinois
Lottery Law, the provisions of this Code do not apply to the
procurement process provided for under Section 9.1 of the
Illinois Lottery Law.
(e) This Code does not apply to the process used by the
Capital Development Board to retain a person or entity to
assist the Capital Development Board with its duties related
to the determination of costs of a clean coal SNG brownfield
facility, as defined by Section 1-10 of the Illinois Power
Agency Act, as required in subsection (h-3) of Section 9-220
of the Public Utilities Act, including calculating the range
of capital costs, the range of operating and maintenance
costs, or the sequestration costs or monitoring the
construction of clean coal SNG brownfield facility for the
full duration of construction.
(f) (Blank).
(g) (Blank).
(h) This Code does not apply to the process to procure or
contracts entered into in accordance with Sections 11-5.2 and
11-5.3 of the Illinois Public Aid Code.
(i) Each chief procurement officer may access records
necessary to review whether a contract, purchase, or other
expenditure is or is not subject to the provisions of this
Code, unless such records would be subject to attorney-client
privilege.

10300HB5451ham001 - 157 - LRB103 39421 KTG 70845 a
(j) This Code does not apply to the process used by the
Capital Development Board to retain an artist or work or works
of art as required in Section 14 of the Capital Development
Board Act.
(k) This Code does not apply to the process to procure
contracts, or contracts entered into, by the State Board of
Elections or the State Electoral Board for hearing officers
appointed pursuant to the Election Code.
(l) This Code does not apply to the processes used by the
Illinois Student Assistance Commission to procure supplies and
services paid for from the private funds of the Illinois
Prepaid Tuition Fund. As used in this subsection (l), "private
funds" means funds derived from deposits paid into the
Illinois Prepaid Tuition Trust Fund and the earnings thereon.
(m) This Code shall apply regardless of the source of
funds with which contracts are paid, including federal
assistance moneys. Except as specifically provided in this
Code, this Code shall not apply to procurement expenditures
necessary for the Department of Public Health to conduct the
Healthy Illinois Survey in accordance with Section 2310-431 of
the Department of Public Health Powers and Duties Law of the
Civil Administrative Code of Illinois.
(Source: P.A. 102-175, eff. 7-29-21; 102-483, eff 1-1-22;
102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, eff.
9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22;
102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-103, eff.

10300HB5451ham001 - 158 - LRB103 39421 KTG 70845 a
6-27-23; 103-570, eff. 1-1-24; 103-580, eff. 12-8-23; revised
1-2-24.)
Section 90-30. The School Code is amended by changing
Sections 1A-4, 1C-2, 1C-4, 1D-1, 2-3.47, 2-3.64a-10, 2-3.71,
2-3.71a, 2-3.79, 2-3.89, 10-22.6, 21B-50, 22-45, and 26-19 as
follows:
(105 ILCS 5/1A-4) (from Ch. 122, par. 1A-4)
Sec. 1A-4. Powers and duties of the Board.
A. (Blank).
B. The Board shall determine the qualifications of and
appoint a chief education officer, to be known as the State
Superintendent of Education, who may be proposed by the
Governor and who shall serve at the pleasure of the Board and
pursuant to a performance-based contract linked to statewide
student performance and academic improvement within Illinois
schools. Upon expiration or buyout of the contract of the
State Superintendent of Education in office on the effective
date of this amendatory Act of the 93rd General Assembly, a
State Superintendent of Education shall be appointed by a
State Board of Education that includes the 7 new Board members
who were appointed to fill seats of members whose terms were
terminated on the effective date of this amendatory Act of the
93rd General Assembly. Thereafter, a State Superintendent of
Education must, at a minimum, be appointed at the beginning of

10300HB5451ham001 - 159 - LRB103 39421 KTG 70845 a
each term of a Governor after that Governor has made
appointments to the Board. A performance-based contract issued
for the employment of a State Superintendent of Education
entered into on or after the effective date of this amendatory
Act of the 93rd General Assembly must expire no later than
February 1, 2007, and subsequent contracts must expire no
later than February 1 each 4 years thereafter. No contract
shall be extended or renewed beyond February 1, 2007 and
February 1 each 4 years thereafter, but a State Superintendent
of Education shall serve until his or her successor is
appointed. Each contract entered into on or before January 8,
2007 with a State Superintendent of Education must provide
that the State Board of Education may terminate the contract
for cause, and the State Board of Education shall not
thereafter be liable for further payments under the contract.
With regard to this amendatory Act of the 93rd General
Assembly, it is the intent of the General Assembly that,
beginning with the Governor who takes office on the second
Monday of January, 2007, a State Superintendent of Education
be appointed at the beginning of each term of a Governor after
that Governor has made appointments to the Board. The State
Superintendent of Education shall not serve as a member of the
State Board of Education. The Board shall set the compensation
of the State Superintendent of Education who shall serve as
the Board's chief executive officer. The Board shall also
establish the duties, powers and responsibilities of the State

10300HB5451ham001 - 160 - LRB103 39421 KTG 70845 a
Superintendent, which shall be included in the State
Superintendent's performance-based contract along with the
goals and indicators of student performance and academic
improvement used to measure the performance and effectiveness
of the State Superintendent. The State Board of Education may
delegate to the State Superintendent of Education the
authority to act on the Board's behalf, provided such
delegation is made pursuant to adopted board policy or the
powers delegated are ministerial in nature. The State Board
may not delegate authority under this Section to the State
Superintendent to (1) nonrecognize school districts, (2)
withhold State payments as a penalty, or (3) make final
decisions under the contested case provisions of the Illinois
Administrative Procedure Act unless otherwise provided by law.
C. The powers and duties of the State Board of Education
shall encompass all duties delegated to the Office of
Superintendent of Public Instruction on January 12, 1975,
except as the law providing for such powers and duties is
thereafter amended, and such other powers and duties as the
General Assembly shall designate. The Board shall be
responsible for the educational policies and guidelines for
public schools, pre-school through grade 12 and Vocational
Education in the State of Illinois. Beginning July 1, 2024,
educational policies and guidelines pertaining to pre-school
and the Prevention Initiative program shall be done in
consultation with the Department of Early Childhood. The Board

10300HB5451ham001 - 161 - LRB103 39421 KTG 70845 a
shall analyze the present and future aims, needs, and
requirements of education in the State of Illinois and
recommend to the General Assembly the powers which should be
exercised by the Board. The Board shall recommend the passage
and the legislation necessary to determine the appropriate
relationship between the Board and local boards of education
and the various State agencies and shall recommend desirable
modifications in the laws which affect schools.
D. Two members of the Board shall be appointed by the
chairperson to serve on a standing joint Education Committee,
2 others shall be appointed from the Board of Higher
Education, 2 others shall be appointed by the chairperson of
the Illinois Community College Board, and 2 others shall be
appointed by the chairperson of the Human Resource Investment
Council. The Committee shall be responsible for making
recommendations concerning the submission of any workforce
development plan or workforce training program required by
federal law or under any block grant authority. The Committee
will be responsible for developing policy on matters of mutual
concern to elementary, secondary and higher education such as
Occupational and Career Education, Teacher Preparation and
Licensure, Educational Finance, Articulation between
Elementary, Secondary and Higher Education and Research and
Planning. The joint Education Committee shall meet at least
quarterly and submit an annual report of its findings,
conclusions, and recommendations to the State Board of

10300HB5451ham001 - 162 - LRB103 39421 KTG 70845 a
Education, the Board of Higher Education, the Illinois
Community College Board, the Human Resource Investment
Council, the Governor, and the General Assembly. All meetings
of this Committee shall be official meetings for reimbursement
under this Act. On the effective date of this amendatory Act of
the 95th General Assembly, the Joint Education Committee is
abolished.
E. Five members of the Board shall constitute a quorum. A
majority vote of the members appointed, confirmed and serving
on the Board is required to approve any action, except that the
7 new Board members who were appointed to fill seats of members
whose terms were terminated on the effective date of this
amendatory act of the 93rd General Assembly may vote to
approve actions when appointed and serving.
F. Upon appointment of the 7 new Board members who were
appointed to fill seats of members whose terms were terminated
on the effective date of this amendatory Act of the 93rd
General Assembly, the Board shall review all of its current
rules in an effort to streamline procedures, improve
efficiency, and eliminate unnecessary forms and paperwork.
(Source: P.A. 102-894, eff. 5-20-22.)
(105 ILCS 5/1C-2)
Sec. 1C-2. Block grants.
(a) For fiscal year 1999, and each fiscal year thereafter
through fiscal year 2026, the State Board of Education shall

10300HB5451ham001 - 163 - LRB103 39421 KTG 70845 a
award to school districts block grants as described in
subsection (c). The State Board of Education may adopt rules
and regulations necessary to implement this Section. In
accordance with Section 2-3.32, all state block grants are
subject to an audit. Therefore, block grant receipts and block
grant expenditures shall be recorded to the appropriate fund
code.
(b) (Blank).
(c) An Early Childhood Education Block Grant shall be
created by combining the following programs: Preschool
Education, Parental Training and Prevention Initiative. These
funds shall be distributed to school districts and other
entities on a competitive basis, except that the State Board
of Education shall award to a school district having a
population exceeding 500,000 inhabitants 37% of the funds in
each fiscal year. Not less than 14% of the Early Childhood
Education Block Grant allocation of funds shall be used to
fund programs for children ages 0-3. Beginning in Fiscal Year
2016, at least 25% of any additional Early Childhood Education
Block Grant funding over and above the previous fiscal year's
allocation shall be used to fund programs for children ages
0-3. Once the percentage of Early Childhood Education Block
Grant funding allocated to programs for children ages 0-3
reaches 20% of the overall Early Childhood Education Block
Grant allocation for a full fiscal year, thereafter in
subsequent fiscal years the percentage of Early Childhood

10300HB5451ham001 - 164 - LRB103 39421 KTG 70845 a
Education Block Grant funding allocated to programs for
children ages 0-3 each fiscal year shall remain at least 20% of
the overall Early Childhood Education Block Grant allocation.
However, if, in a given fiscal year, the amount appropriated
for the Early Childhood Education Block Grant is insufficient
to increase the percentage of the grant to fund programs for
children ages 0-3 without reducing the amount of the grant for
existing providers of preschool education programs, then the
percentage of the grant to fund programs for children ages 0-3
may be held steady instead of increased.This subsection (c) is
inoperative on and after July 1, 2026.
(Source: P.A. 99-589, eff. 7-21-16; 100-465, eff. 8-31-17.)
(105 ILCS 5/1C-4)
Sec. 1C-4. Reports. A school district that receives an
Early Childhood Education Block Grant shall report to the
State Board of Education on its use of the block grant in such
form and detail as the State Board of Education may specify. In
addition, the report must include the following description
for the district, which must also be reported to the General
Assembly: block grant allocation and expenditures by program;
population and service levels by program; and administrative
expenditures by program. The State Board of Education shall
ensure that the reporting requirements for a district
organized under Article 34 of this Code are the same as for all
other school districts in this State.

10300HB5451ham001 - 165 - LRB103 39421 KTG 70845 a
This Section is repealed on July 1, 2026.
(Source: P.A. 99-30, eff. 7-10-15.)
(105 ILCS 5/1D-1)
(Text of Section from P.A. 100-55)
Sec. 1D-1. Block grant funding.
(a) For fiscal year 1996 and each fiscal year thereafter,
the State Board of Education shall award to a school district
having a population exceeding 500,000 inhabitants a general
education block grant and an educational services block grant,
determined as provided in this Section, in lieu of
distributing to the district separate State funding for the
programs described in subsections (b) and (c). The provisions
of this Section, however, do not apply to any federal funds
that the district is entitled to receive. In accordance with
Section 2-3.32, all block grants are subject to an audit.
Therefore, block grant receipts and block grant expenditures
shall be recorded to the appropriate fund code for the
designated block grant.
(b) The general education block grant shall include the
following programs: REI Initiative, Summer Bridges, Preschool
Education, K-6 Comprehensive Arts, School Improvement Support,
Urban Education, Scientific Literacy, Substance Abuse
Prevention, Second Language Planning, Staff Development,
Outcomes and Assessment, K-6 Reading Improvement, 7-12
Continued Reading Improvement, Truants' Optional Education,

10300HB5451ham001 - 166 - LRB103 39421 KTG 70845 a
Hispanic Programs, Agriculture Education, Parental Training,
Prevention Initiative, Report Cards, and Criminal Background
Investigations. The general education block grant shall also
include Preschool Education, Parental Training, and Prevention
Initiative through June 30, 2026. Notwithstanding any other
provision of law, all amounts paid under the general education
block grant from State appropriations to a school district in
a city having a population exceeding 500,000 inhabitants shall
be appropriated and expended by the board of that district for
any of the programs included in the block grant or any of the
board's lawful purposes. Beginning in Fiscal Year 2018, at
least 25% of any additional Preschool Education, Parental
Training, and Prevention Initiative program funding over and
above the previous fiscal year's allocation shall be used to
fund programs for children ages 0-3. Beginning in Fiscal Year
2018, funding for Preschool Education, Parental Training, and
Prevention Initiative programs above the allocation for these
programs in Fiscal Year 2017 must be used solely as a
supplement for these programs and may not supplant funds
received from other sources.
(b-5) Beginning in Fiscal Year 2027, the Department of
Early Childhood shall award a block grant for Preschool
Education, Parental Training, and Prevention Initiative to a
school district having a population exceeding 500,000
inhabitants. The grants are subject to audit. Therefore, block
grant receipts and block grant expenditures shall be recorded

10300HB5451ham001 - 167 - LRB103 39421 KTG 70845 a
to the appropriate fund code for the designated block grant.
Notwithstanding any other provision of law, all amounts paid
under the block grant from State appropriations to a school
district in a city having a population exceeding 500,000
inhabitants shall be appropriated and expended by the board of
that district for any of the programs included in the block
grant or any of the board's lawful purposes. The district is
not required to file any application or other claim in order to
receive the block grant to which it is entitled under this
Section. The Department of Early Childhood shall make payments
to the district of amounts due under the district's block
grant on a schedule determined by the Department. A school
district to which this Section applies shall report to the
Department of Early Childhood on its use of the block grant in
such form and detail as the Department may specify. In
addition, the report must include the following description
for the district, which must also be reported to the General
Assembly: block grant allocation and expenditures by program;
population and service levels by program; and administrative
expenditures by program. The Department shall ensure that the
reporting requirements for the district are the same as for
all other school districts in this State. Beginning in Fiscal
Year 2018, at least 25% of any additional Preschool Education,
Parental Training, and Prevention Initiative program funding
over and above the previous fiscal year's allocation shall be
used to fund programs for children ages 0-3. Beginning in

10300HB5451ham001 - 168 - LRB103 39421 KTG 70845 a
Fiscal Year 2018, funding for Preschool Education, Parental
Training, and Prevention Initiative programs above the
allocation for these programs in Fiscal Year 2017 must be used
solely as a supplement for these programs and may not supplant
funds received from other sources.
(c) The educational services block grant shall include the
following programs: Regular and Vocational Transportation,
State Lunch and Free Breakfast Program, Special Education
(Personnel, Transportation, Orphanage, Private Tuition),
funding for children requiring special education services,
Summer School, Educational Service Centers, and
Administrator's Academy. This subsection (c) does not relieve
the district of its obligation to provide the services
required under a program that is included within the
educational services block grant. It is the intention of the
General Assembly in enacting the provisions of this subsection
(c) to relieve the district of the administrative burdens that
impede efficiency and accompany single-program funding. The
General Assembly encourages the board to pursue mandate
waivers pursuant to Section 2-3.25g.
The funding program included in the educational services
block grant for funding for children requiring special
education services in each fiscal year shall be treated in
that fiscal year as a payment to the school district in respect
of services provided or costs incurred in the prior fiscal
year, calculated in each case as provided in this Section.

10300HB5451ham001 - 169 - LRB103 39421 KTG 70845 a
Nothing in this Section shall change the nature of payments
for any program that, apart from this Section, would be or,
prior to adoption or amendment of this Section, was on the
basis of a payment in a fiscal year in respect of services
provided or costs incurred in the prior fiscal year,
calculated in each case as provided in this Section.
(d) For fiscal year 1996 and each fiscal year thereafter,
the amount of the district's block grants shall be determined
as follows: (i) with respect to each program that is included
within each block grant, the district shall receive an amount
equal to the same percentage of the current fiscal year
appropriation made for that program as the percentage of the
appropriation received by the district from the 1995 fiscal
year appropriation made for that program, and (ii) the total
amount that is due the district under the block grant shall be
the aggregate of the amounts that the district is entitled to
receive for the fiscal year with respect to each program that
is included within the block grant that the State Board of
Education shall award the district under this Section for that
fiscal year. In the case of the Summer Bridges program, the
amount of the district's block grant shall be equal to 44% of
the amount of the current fiscal year appropriation made for
that program.
(e) The district is not required to file any application
or other claim in order to receive the block grants to which it
is entitled under this Section. The State Board of Education

10300HB5451ham001 - 170 - LRB103 39421 KTG 70845 a
shall make payments to the district of amounts due under the
district's block grants on a schedule determined by the State
Board of Education.
(f) A school district to which this Section applies shall
report to the State Board of Education on its use of the block
grants in such form and detail as the State Board of Education
may specify. In addition, the report must include the
following description for the district, which must also be
reported to the General Assembly: block grant allocation and
expenditures by program; population and service levels by
program; and administrative expenditures by program. The State
Board of Education shall ensure that the reporting
requirements for the district are the same as for all other
school districts in this State.
(g) This paragraph provides for the treatment of block
grants under Article 1C for purposes of calculating the amount
of block grants for a district under this Section. Those block
grants under Article 1C are, for this purpose, treated as
included in the amount of appropriation for the various
programs set forth in paragraph (b) above. The appropriation
in each current fiscal year for each block grant under Article
1C shall be treated for these purposes as appropriations for
the individual program included in that block grant. The
proportion of each block grant so allocated to each such
program included in it shall be the proportion which the
appropriation for that program was of all appropriations for

10300HB5451ham001 - 171 - LRB103 39421 KTG 70845 a
such purposes now in that block grant, in fiscal 1995.
Payments to the school district under this Section with
respect to each program for which payments to school districts
generally, as of the date of this amendatory Act of the 92nd
General Assembly, are on a reimbursement basis shall continue
to be made to the district on a reimbursement basis, pursuant
to the provisions of this Code governing those programs.
(h) Notwithstanding any other provision of law, any school
district receiving a block grant under this Section may
classify all or a portion of the funds that it receives in a
particular fiscal year from any block grant authorized under
this Code or from general State aid pursuant to Section
18-8.05 of this Code (other than supplemental general State
aid) as funds received in connection with any funding program
for which it is entitled to receive funds from the State in
that fiscal year (including, without limitation, any funding
program referred to in subsection (c) of this Section),
regardless of the source or timing of the receipt. The
district may not classify more funds as funds received in
connection with the funding program than the district is
entitled to receive in that fiscal year for that program. Any
classification by a district must be made by a resolution of
its board of education. The resolution must identify the
amount of any block grant or general State aid to be classified
under this subsection (h) and must specify the funding program
to which the funds are to be treated as received in connection

10300HB5451ham001 - 172 - LRB103 39421 KTG 70845 a
therewith. This resolution is controlling as to the
classification of funds referenced therein. A certified copy
of the resolution must be sent to the State Superintendent of
Education. The resolution shall still take effect even though
a copy of the resolution has not been sent to the State
Superintendent of Education in a timely manner. No
classification under this subsection (h) by a district shall
affect the total amount or timing of money the district is
entitled to receive under this Code. No classification under
this subsection (h) by a district shall in any way relieve the
district from or affect any requirements that otherwise would
apply with respect to the block grant as provided in this
Section, including any accounting of funds by source,
reporting expenditures by original source and purpose,
reporting requirements, or requirements of provision of
services.
(Source: P.A. 100-55, eff. 8-11-17.)
(Text of Section from P.A. 100-465)
Sec. 1D-1. Block grant funding.
(a) For fiscal year 1996 through fiscal year 2017, the
State Board of Education shall award to a school district
having a population exceeding 500,000 inhabitants a general
education block grant and an educational services block grant,
determined as provided in this Section, in lieu of
distributing to the district separate State funding for the

10300HB5451ham001 - 173 - LRB103 39421 KTG 70845 a
programs described in subsections (b) and (c). The provisions
of this Section, however, do not apply to any federal funds
that the district is entitled to receive. In accordance with
Section 2-3.32, all block grants are subject to an audit.
Therefore, block grant receipts and block grant expenditures
shall be recorded to the appropriate fund code for the
designated block grant.
(b) The general education block grant shall include the
following programs: REI Initiative, Summer Bridges, Preschool
At Risk, K-6 Comprehensive Arts, School Improvement Support,
Urban Education, Scientific Literacy, Substance Abuse
Prevention, Second Language Planning, Staff Development,
Outcomes and Assessment, K-6 Reading Improvement, 7-12
Continued Reading Improvement, Truants' Optional Education,
Hispanic Programs, Agriculture Education, Parental Education,
Prevention Initiative, Report Cards, and Criminal Background
Investigations. The general education block grant shall also
include Preschool Education, Parental Training, and Prevention
Initiative through June 30, 2026. Notwithstanding any other
provision of law, all amounts paid under the general education
block grant from State appropriations to a school district in
a city having a population exceeding 500,000 inhabitants shall
be appropriated and expended by the board of that district for
any of the programs included in the block grant or any of the
board's lawful purposes.
(b-5) Beginning in Fiscal Year 2027, the Department of

10300HB5451ham001 - 174 - LRB103 39421 KTG 70845 a
Early Childhood shall award a block grant for Preschool
Education, Parental Training, and Prevention Initiative to a
school district having a population exceeding 500,000
inhabitants. The grants are subject to audit. Therefore, block
grant receipts and block grant expenditures shall be recorded
to the appropriate fund code for the designated block grant.
Notwithstanding any other provision of law, all amounts paid
under the block grant from State appropriations to a school
district in a city having a population exceeding 500,000
inhabitants shall be appropriated and expended by the board of
that district for any of the programs included in the block
grant or any of the board's lawful purposes. The district is
not required to file any application or other claim in order to
receive the block grant to which it is entitled under this
Section. The Department of Early Childhood shall make payments
to the district of amounts due under the district's block
grant on a schedule determined by the Department. A school
district to which this Section applies shall report to the
Department of Early Childhood on its use of the block grant in
such form and detail as the Department may specify. In
addition, the report must include the following description
for the district, which must also be reported to the General
Assembly: block grant allocation and expenditures by program;
population and service levels by program; and administrative
expenditures by program. The Department shall ensure that the
reporting requirements for the district are the same as for

10300HB5451ham001 - 175 - LRB103 39421 KTG 70845 a
all other school districts in this State. Beginning in Fiscal
Year 2018, at least 25% of any additional Preschool Education,
Parental Training, and Prevention Initiative program funding
over and above the previous fiscal year's allocation shall be
used to fund programs for children ages 0-3. Beginning in
Fiscal Year 2018, funding for Preschool Education, Parental
Training, and Prevention Initiative programs above the
allocation for these programs in Fiscal Year 2017 must be used
solely as a supplement for these programs and may not supplant
funds received from other sources. (b-10).
(c) The educational services block grant shall include the
following programs: Regular and Vocational Transportation,
State Lunch and Free Breakfast Program, Special Education
(Personnel, Transportation, Orphanage, Private Tuition),
funding for children requiring special education services,
Summer School, Educational Service Centers, and
Administrator's Academy. This subsection (c) does not relieve
the district of its obligation to provide the services
required under a program that is included within the
educational services block grant. It is the intention of the
General Assembly in enacting the provisions of this subsection
(c) to relieve the district of the administrative burdens that
impede efficiency and accompany single-program funding. The
General Assembly encourages the board to pursue mandate
waivers pursuant to Section 2-3.25g.
The funding program included in the educational services

10300HB5451ham001 - 176 - LRB103 39421 KTG 70845 a
block grant for funding for children requiring special
education services in each fiscal year shall be treated in
that fiscal year as a payment to the school district in respect
of services provided or costs incurred in the prior fiscal
year, calculated in each case as provided in this Section.
Nothing in this Section shall change the nature of payments
for any program that, apart from this Section, would be or,
prior to adoption or amendment of this Section, was on the
basis of a payment in a fiscal year in respect of services
provided or costs incurred in the prior fiscal year,
calculated in each case as provided in this Section.
(d) For fiscal year 1996 through fiscal year 2017, the
amount of the district's block grants shall be determined as
follows: (i) with respect to each program that is included
within each block grant, the district shall receive an amount
equal to the same percentage of the current fiscal year
appropriation made for that program as the percentage of the
appropriation received by the district from the 1995 fiscal
year appropriation made for that program, and (ii) the total
amount that is due the district under the block grant shall be
the aggregate of the amounts that the district is entitled to
receive for the fiscal year with respect to each program that
is included within the block grant that the State Board of
Education shall award the district under this Section for that
fiscal year. In the case of the Summer Bridges program, the
amount of the district's block grant shall be equal to 44% of

10300HB5451ham001 - 177 - LRB103 39421 KTG 70845 a
the amount of the current fiscal year appropriation made for
that program.
(e) The district is not required to file any application
or other claim in order to receive the block grants to which it
is entitled under this Section. The State Board of Education
shall make payments to the district of amounts due under the
district's block grants on a schedule determined by the State
Board of Education.
(f) A school district to which this Section applies shall
report to the State Board of Education on its use of the block
grants in such form and detail as the State Board of Education
may specify. In addition, the report must include the
following description for the district, which must also be
reported to the General Assembly: block grant allocation and
expenditures by program; population and service levels by
program; and administrative expenditures by program. The State
Board of Education shall ensure that the reporting
requirements for the district are the same as for all other
school districts in this State.
(g) Through fiscal year 2017, this paragraph provides for
the treatment of block grants under Article 1C for purposes of
calculating the amount of block grants for a district under
this Section. Those block grants under Article 1C are, for
this purpose, treated as included in the amount of
appropriation for the various programs set forth in paragraph
(b) above. The appropriation in each current fiscal year for

10300HB5451ham001 - 178 - LRB103 39421 KTG 70845 a
each block grant under Article 1C shall be treated for these
purposes as appropriations for the individual program included
in that block grant. The proportion of each block grant so
allocated to each such program included in it shall be the
proportion which the appropriation for that program was of all
appropriations for such purposes now in that block grant, in
fiscal 1995.
Payments to the school district under this Section with
respect to each program for which payments to school districts
generally, as of the date of this amendatory Act of the 92nd
General Assembly, are on a reimbursement basis shall continue
to be made to the district on a reimbursement basis, pursuant
to the provisions of this Code governing those programs.
(h) Notwithstanding any other provision of law, any school
district receiving a block grant under this Section may
classify all or a portion of the funds that it receives in a
particular fiscal year from any block grant authorized under
this Code or from general State aid pursuant to Section
18-8.05 of this Code (other than supplemental general State
aid) as funds received in connection with any funding program
for which it is entitled to receive funds from the State in
that fiscal year (including, without limitation, any funding
program referred to in subsection (c) of this Section),
regardless of the source or timing of the receipt. The
district may not classify more funds as funds received in
connection with the funding program than the district is

10300HB5451ham001 - 179 - LRB103 39421 KTG 70845 a
entitled to receive in that fiscal year for that program. Any
classification by a district must be made by a resolution of
its board of education. The resolution must identify the
amount of any block grant or general State aid to be classified
under this subsection (h) and must specify the funding program
to which the funds are to be treated as received in connection
therewith. This resolution is controlling as to the
classification of funds referenced therein. A certified copy
of the resolution must be sent to the State Superintendent of
Education. The resolution shall still take effect even though
a copy of the resolution has not been sent to the State
Superintendent of Education in a timely manner. No
classification under this subsection (h) by a district shall
affect the total amount or timing of money the district is
entitled to receive under this Code. No classification under
this subsection (h) by a district shall in any way relieve the
district from or affect any requirements that otherwise would
apply with respect to the block grant as provided in this
Section, including any accounting of funds by source,
reporting expenditures by original source and purpose,
reporting requirements, or requirements of provision of
services.
(Source: P.A. 100-465, eff. 8-31-17.)
(105 ILCS 5/2-3.47) (from Ch. 122, par. 2-3.47)
Sec. 2-3.47. The State Board of Education shall annually

10300HB5451ham001 - 180 - LRB103 39421 KTG 70845 a
submit a budget recommendation to the Governor and General
Assembly that contains recommendations for funding for
pre-school through grade 12 through Fiscal Year 2026. For
Fiscal Year 2027, and annually thereafter, the State Board of
Education shall submit a budget recommendation to the Governor
and General Assembly that contains recommendations for funding
for kindergarten through grade 12.
(Source: P.A. 98-739, eff. 7-16-14.)
(105 ILCS 5/2-3.64a-10)
Sec. 2-3.64a-10. Kindergarten assessment.
(a) For the purposes of this Section, "kindergarten"
includes both full-day and half-day kindergarten programs.
(b) Beginning no later than the 2021-2022 school year, the
State Board of Education shall annually assess all public
school students entering kindergarten using a common
assessment tool, unless the State Board determines that a
student is otherwise exempt. The common assessment tool must
assess multiple developmental domains, including literacy,
language, mathematics, and social and emotional development.
The assessment must be valid, reliable, and developmentally
appropriate to formatively assess a child's development and
readiness for kindergarten.
(c) Results from the assessment may be used by the school
to understand the child's development and readiness for
kindergarten, to tailor instruction, and to measure the

10300HB5451ham001 - 181 - LRB103 39421 KTG 70845 a
child's progress over time. Assessment results may also be
used to identify a need for the professional development of
teachers and early childhood educators and to inform
State-level and district-level policies and resource
allocation.
The school shall make the assessment results available to
the child's parent or guardian.
The assessment results may not be used (i) to prevent a
child from enrolling in kindergarten or (ii) as the sole
measure used in determining the grade promotion or retention
of a student.
(d) On an annual basis, the State Board shall report
publicly, at a minimum, data from the assessment for the State
overall and for each school district. The State Board's report
must disaggregate data by race and ethnicity, household
income, students who are English learners, and students who
have an individualized education program.
(e) The State Superintendent of Education shall appoint a
committee of no more than 22 21 members, including the
Secretary of Early Childhood or the Secretary's designee,
parents, teachers, school administrators, assessment experts,
regional superintendents of schools, state policy advocates,
early childhood administrators, and other stakeholders, to
review, on an ongoing basis, the content and design of the
assessment, the collective results of the assessment as
measured against kindergarten-readiness standards, and other

10300HB5451ham001 - 182 - LRB103 39421 KTG 70845 a
issues involving the assessment as identified by the
committee.
The committee shall make periodic recommendations to the
State Superintendent of Education and the General Assembly
concerning the assessments.
(f) The State Board may adopt rules to implement and
administer this Section.
(Source: P.A. 101-654, eff. 3-8-21; 102-635, eff. 11-30-21
(See Section 10 of P.A. 102-671 for effective date of P.A.
102-209).)
(105 ILCS 5/2-3.71) (from Ch. 122, par. 2-3.71)
Sec. 2-3.71. Grants for preschool educational programs.
(a) Preschool program.
(1) Through June 30, 2026, the The State Board of
Education shall implement and administer a grant program
under the provisions of this subsection which shall
consist of grants to public school districts and other
eligible entities, as defined by the State Board of
Education, to conduct voluntary preschool educational
programs for children ages 3 to 5 which include a parent
education component. A public school district which
receives grants under this subsection may subcontract with
other entities that are eligible to conduct a preschool
educational program. These grants must be used to
supplement, not supplant, funds received from any other

10300HB5451ham001 - 183 - LRB103 39421 KTG 70845 a
source.
(1.5) On and after July 1, 2026, the Department of
Early Childhood shall implement and administer a grant
program for school districts and other eligible entities,
as defined by the Department, to conduct voluntary
preschool educational programs for children ages 3 to 5
which include a parent education component. A public
school district which receives grants under this
subsection may subcontract with other entities that are
eligible to conduct a preschool educational program. These
grants must be used to supplement, not supplant, funds
received from any other source.
(2) (Blank).
(3) Except as otherwise provided under this subsection
(a), any teacher of preschool children in the program
authorized by this subsection shall hold a Professional
Educator License with an early childhood education
endorsement.
(3.5) Beginning with the 2018-2019 school year and
until the 2028-2029 school year, an individual may teach
preschool children in an early childhood program under
this Section if he or she holds a Professional Educator
License with an early childhood education endorsement or
with short-term approval for early childhood education or
he or she pursues a Professional Educator License and
holds any of the following:

10300HB5451ham001 - 184 - LRB103 39421 KTG 70845 a
(A) An ECE Credential Level of 5 awarded by the
Department of Human Services under the Gateways to
Opportunity Program developed under Section 10-70 of
the Department of Human Services Act.
(B) An Educator License with Stipulations with a
transitional bilingual educator endorsement and he or
she has (i) passed an early childhood education
content test or (ii) completed no less than 9 semester
hours of postsecondary coursework in the area of early
childhood education.
(4) (Blank).
(4.5) Through June 30, 2026, the State Board of
Education shall provide the primary source of funding
through appropriations for the program. On and after July
1, 2026, the Department of Early Childhood shall provide
the primary source of funding through appropriations for
the program. The State Board of Education shall provide
the primary source of funding through appropriations for
the program. Such funds shall be distributed to achieve a
goal of "Preschool for All Children" for the benefit of
all children whose families choose to participate in the
program. Based on available appropriations, newly funded
programs shall be selected through a process giving first
priority to qualified programs serving primarily at-risk
children and second priority to qualified programs serving
primarily children with a family income of less than 4

10300HB5451ham001 - 185 - LRB103 39421 KTG 70845 a
times the poverty guidelines updated periodically in the
Federal Register by the U.S. Department of Health and
Human Services under the authority of 42 U.S.C. 9902(2).
For purposes of this paragraph (4.5), at-risk children are
those who because of their home and community environment
are subject to such language, cultural, economic and like
disadvantages to cause them to have been determined as a
result of screening procedures to be at risk of academic
failure. Through June 30, 2026, such screening procedures
shall be based on criteria established by the State Board
of Education. On and after July 1, 2026, such screening
procedures shall be based on criteria established by the
Department of Early Childhood. Such screening procedures
shall be based on criteria established by the State Board
of Education.
Except as otherwise provided in this paragraph (4.5),
grantees under the program must enter into a memorandum of
understanding with the appropriate local Head Start
agency. This memorandum must be entered into no later than
3 months after the award of a grantee's grant under the
program, except that, in the case of the 2009-2010 program
year, the memorandum must be entered into no later than
the deadline set by the State Board of Education for
applications to participate in the program in fiscal year
2011, and must address collaboration between the grantee's
program and the local Head Start agency on certain issues,

10300HB5451ham001 - 186 - LRB103 39421 KTG 70845 a
which shall include without limitation the following:
(A) educational activities, curricular objectives,
and instruction;
(B) public information dissemination and access to
programs for families contacting programs;
(C) service areas;
(D) selection priorities for eligible children to
be served by programs;
(E) maximizing the impact of federal and State
funding to benefit young children;
(F) staff training, including opportunities for
joint staff training;
(G) technical assistance;
(H) communication and parent outreach for smooth
transitions to kindergarten;
(I) provision and use of facilities,
transportation, and other program elements;
(J) facilitating each program's fulfillment of its
statutory and regulatory requirements;
(K) improving local planning and collaboration;
and
(L) providing comprehensive services for the
neediest Illinois children and families.
Through June 30, 2026, if If the appropriate local Head
Start agency is unable or unwilling to enter into a
memorandum of understanding as required under this

10300HB5451ham001 - 187 - LRB103 39421 KTG 70845 a
paragraph (4.5), the memorandum of understanding
requirement shall not apply and the grantee under the
program must notify the State Board of Education in
writing of the Head Start agency's inability or
unwillingness. The State Board of Education shall compile
all such written notices and make them available to the
public. On and after July 1, 2026, if the appropriate
local Head Start agency is unable or unwilling to enter
into a memorandum of understanding as required under this
paragraph (4.5), the memorandum of understanding
requirement shall not apply and the grantee under the
program must notify the Department of Early Childhood in
writing of the Head Start agency's inability or
unwillingness. The Department of Early Childhood shall
compile all such written notices and make them available
to the public.
(5) Through June 30, 2026, the The State Board of
Education shall develop and provide evaluation tools,
including tests, that school districts and other eligible
entities may use to evaluate children for school readiness
prior to age 5. The State Board of Education shall require
school districts and other eligible entities to obtain
consent from the parents or guardians of children before
any evaluations are conducted. The State Board of
Education shall encourage local school districts and other
eligible entities to evaluate the population of preschool

10300HB5451ham001 - 188 - LRB103 39421 KTG 70845 a
children in their communities and provide preschool
programs, pursuant to this subsection, where appropriate.
(5.1) On and after July 1, 2026, the Department of
Early Childhood shall develop and provide evaluation
tools, including tests, that school districts and other
eligible entities may use to evaluate children for school
readiness prior to age 5. The Department of Early
Childhood shall require school districts and other
eligible entities to obtain consent from the parents or
guardians of children before any evaluations are
conducted. The Department of Early Childhood shall
encourage local school districts and other eligible
entities to evaluate the population of preschool children
in their communities and provide preschool programs,
pursuant to this subsection, where appropriate.
(6) Through June 30, 2026, the The State Board of
Education shall report to the General Assembly by November
1, 2018 and every 2 years thereafter on the results and
progress of students who were enrolled in preschool
educational programs, including an assessment of which
programs have been most successful in promoting academic
excellence and alleviating academic failure. Through June
30, 2026, the The State Board of Education shall assess
the academic progress of all students who have been
enrolled in preschool educational programs.
Through fiscal year 2026, on On or before November 1

10300HB5451ham001 - 189 - LRB103 39421 KTG 70845 a
of each fiscal year in which the General Assembly provides
funding for new programs under paragraph (4.5) of this
Section, the State Board of Education shall report to the
General Assembly on what percentage of new funding was
provided to programs serving primarily at-risk children,
what percentage of new funding was provided to programs
serving primarily children with a family income of less
than 4 times the federal poverty level, and what
percentage of new funding was provided to other programs.
(6.1) On and after July 1, 2026, the Department of
Early Childhood shall report to the General Assembly by
November 1, 2026 and every 2 years thereafter on the
results and progress of students who were enrolled in
preschool educational programs, including an assessment of
which programs have been most successful in promoting
academic excellence and alleviating academic failure. On
and after July 1, 2026, the Department of Early Childhood
shall assess the academic progress of all students who
have been enrolled in preschool educational programs.
Beginning in fiscal year 2027, on or before November 1 of
each fiscal year in which the General Assembly provides
funding for new programs under paragraph (4.5) of this
Section, the Department of Early Childhood shall report to
the General Assembly on what percentage of new funding was
provided to programs serving primarily at-risk children,
what percentage of new funding was provided to programs

10300HB5451ham001 - 190 - LRB103 39421 KTG 70845 a
serving primarily children with a family income of less
than 4 times the federal poverty level, and what
percentage of new funding was provided to other programs.
(7) Due to evidence that expulsion practices in the
preschool years are linked to poor child outcomes and are
employed inconsistently across racial and gender groups,
early childhood programs receiving State funds under this
subsection (a) shall prohibit expulsions. Planned
transitions to settings that are able to better meet a
child's needs are not considered expulsion under this
paragraph (7).
(A) When persistent and serious challenging
behaviors emerge, the early childhood program shall
document steps taken to ensure that the child can
participate safely in the program; including
observations of initial and ongoing challenging
behaviors, strategies for remediation and intervention
plans to address the behaviors, and communication with
the parent or legal guardian, including participation
of the parent or legal guardian in planning and
decision-making.
(B) The early childhood program shall, with
parental or legal guardian consent as required,
utilize a range of community resources, if available
and deemed necessary, including, but not limited to,
developmental screenings, referrals to programs and

10300HB5451ham001 - 191 - LRB103 39421 KTG 70845 a
services administered by a local educational agency or
early intervention agency under Parts B and C of the
federal Individual with Disabilities Education Act,
and consultation with infant and early childhood
mental health consultants and the child's health care
provider. The program shall document attempts to
engage these resources, including parent or legal
guardian participation and consent attempted and
obtained. Communication with the parent or legal
guardian shall take place in a culturally and
linguistically competent manner.
(C) If there is documented evidence that all
available interventions and supports recommended by a
qualified professional have been exhausted and the
program determines in its professional judgment that
transitioning a child to another program is necessary
for the well-being of the child or his or her peers and
staff, with parent or legal guardian permission, both
the current and pending programs shall create a
transition plan designed to ensure continuity of
services and the comprehensive development of the
child. Communication with families shall occur in a
culturally and linguistically competent manner.
(D) Nothing in this paragraph (7) shall preclude a
parent's or legal guardian's right to voluntarily
withdraw his or her child from an early childhood

10300HB5451ham001 - 192 - LRB103 39421 KTG 70845 a
program. Early childhood programs shall request and
keep on file, when received, a written statement from
the parent or legal guardian stating the reason for
his or her decision to withdraw his or her child.
(E) In the case of the determination of a serious
safety threat to a child or others or in the case of
behaviors listed in subsection (d) of Section 10-22.6
of this Code, the temporary removal of a child from
attendance in group settings may be used. Temporary
removal of a child from attendance in a group setting
shall trigger the process detailed in subparagraphs
(A), (B), and (C) of this paragraph (7), with the child
placed back in a group setting as quickly as possible.
(F) Early childhood programs may utilize and the
Department of Early Childhood, State Board of
Education, the Department of Human Services, and the
Department of Children and Family Services shall
recommend training, technical support, and
professional development resources to improve the
ability of teachers, administrators, program
directors, and other staff to promote social-emotional
development and behavioral health, to address
challenging behaviors, and to understand trauma and
trauma-informed care, cultural competence, family
engagement with diverse populations, the impact of
implicit bias on adult behavior, and the use of

10300HB5451ham001 - 193 - LRB103 39421 KTG 70845 a
reflective practice techniques. Support shall include
the availability of resources to contract with infant
and early childhood mental health consultants.
(G) Through June 30, 2026 Beginning on July 1,
2018, early childhood programs shall annually report
to the State Board of Education, and, beginning in
fiscal year 2020, the State Board of Education shall
make available on a biennial basis, in an existing
report, all of the following data for children from
birth to age 5 who are served by the program:
(i) Total number served over the course of the
program year and the total number of children who
left the program during the program year.
(ii) Number of planned transitions to another
program due to children's behavior, by children's
race, gender, disability, language, class/group
size, teacher-child ratio, and length of program
day.
(iii) Number of temporary removals of a child
from attendance in group settings due to a serious
safety threat under subparagraph (E) of this
paragraph (7), by children's race, gender,
disability, language, class/group size,
teacher-child ratio, and length of program day.
(iv) Hours of infant and early childhood
mental health consultant contact with program

10300HB5451ham001 - 194 - LRB103 39421 KTG 70845 a
leaders, staff, and families over the program
year.
(G-5) On and after July 1, 2026, early childhood
programs shall annually report to the Department of
Early Childhood, and beginning in fiscal year 2028,
the Department of Early Childhood shall make available
on a biennial basis, in a report, all of the following
data for children from birth to age 5 who are served by
the program:
(i) Total number served over the course of the
program year and the total number of children who
left the program during the program year.
(ii) Number of planned transitions to another
program due to children's behavior, by children's
race, gender, disability, language, class/group
size, teacher-child ratio, and length of program
day.
(iii) Number of temporary removals of a child
from attendance in group settings due to a serious
safety threat under subparagraph (E) of this
paragraph (7), by children's race, gender,
disability, language, class/group size,
teacher-child ratio, and length of program day.
(iv) Hours of infant and early childhood
mental health consultant contact with program
leaders, staff, and families over the program

10300HB5451ham001 - 195 - LRB103 39421 KTG 70845 a
year.
(H) Changes to services for children with an
individualized education program or individual family
service plan shall be construed in a manner consistent
with the federal Individuals with Disabilities
Education Act.
The Department of Early Childhood State Board of
Education, in consultation with the Governor's Office of
Early Childhood Development and the Department of Children
and Family Services, shall adopt rules to administer this
paragraph (7).
(b) (Blank).
(c) Notwithstanding any other provisions of this Section,
grantees may serve children ages 0 to 12 of essential workers
if the Governor has declared a disaster due to a public health
emergency pursuant to Section 7 of the Illinois Emergency
Management Agency Act. For the purposes of this subsection,
essential workers include those outlined in Executive Order
20-8 and school employees. The State Board of Education shall
adopt rules to administer this subsection.
(d) Paragraphs (a)(1), (a)(1.5), (a)(4.5), (a)(5),
(a)(5.1), (a)(6), (a)(6.1), and (a)(7) and subsection (c) of
this Section are inoperative on and after July 1, 2026.
(Source: P.A. 103-111, eff. 6-29-23.)
(105 ILCS 5/2-3.71a) (from Ch. 122, par. 2-3.71a)

10300HB5451ham001 - 196 - LRB103 39421 KTG 70845 a
Sec. 2-3.71a. Grants for early childhood parental training
programs. The State Board of Education shall implement and
administer a grant program consisting of grants to public
school districts and other eligible entities, as defined by
the State Board of Education, to conduct early childhood
parental training programs for the parents of children in the
period of life from birth to kindergarten. A public school
district that receives grants under this Section may contract
with other eligible entities to conduct an early childhood
parental training program. These grants must be used to
supplement, not supplant, funds received from any other
source. A school board or other eligible entity shall employ
appropriately qualified personnel for its early childhood
parental training program, including but not limited to
certified teachers, counselors, psychiatrists, psychologists
and social workers.
(a) As used in this Section, "parental training" means and
includes instruction in the following:
(1) Child growth and development, including prenatal
development.
(2) Childbirth and child care.
(3) Family structure, function and management.
(4) Prenatal and postnatal care for mothers and
infants.
(5) Prevention of child abuse.
(6) The physical, mental, emotional, social, economic

10300HB5451ham001 - 197 - LRB103 39421 KTG 70845 a
and psychological aspects of interpersonal and family
relationships.
(7) Parenting skill development.
The programs shall include activities that require
substantial participation and interaction between parent and
child.
(b) The Board shall annually award funds through a grant
approval process established by the State Board of Education,
providing that an annual appropriation is made for this
purpose from State, federal or private funds. Nothing in this
Section shall preclude school districts from applying for or
accepting private funds to establish and implement programs.
(c) The State Board of Education shall assist those
districts and other eligible entities offering early childhood
parental training programs, upon request, in developing
instructional materials, training teachers and staff, and
establishing appropriate time allotments for each of the areas
included in such instruction.
(d) School districts and other eligible entities may offer
early childhood parental training courses during that period
of the day which is not part of the regular school day.
Residents of the community may enroll in such courses. The
school board or other eligible entity may establish fees and
collect such charges as may be necessary for attendance at
such courses in an amount not to exceed the per capita cost of
the operation thereof, except that the board or other eligible

10300HB5451ham001 - 198 - LRB103 39421 KTG 70845 a
entity may waive all or part of such charges if it determines
that the parent is indigent or that the educational needs of
the parent require his or her attendance at such courses.
(e) Parents who participate in early childhood parental
training programs under this Section may be eligible for
reasonable reimbursement of any incidental transportation and
child care expenses from the school district receiving funds
pursuant to this Section.
(f) Districts and other eligible entities receiving grants
pursuant to this Section shall coordinate programs created
under this Section with other preschool educational programs,
including "at-risk" preschool programs, special and vocational
education, and related services provided by other governmental
agencies and not-for-profit agencies.
(g) The State Board of Education shall report to the
General Assembly by July 1, 1991, on the results of the
programs funded pursuant to this Section and whether a need
continues for such programs.
(h) After July 1, 2006, any parental training services
funded pursuant to this Section on the effective date of this
amendatory Act of the 94th General Assembly shall continue to
be funded pursuant to this Section, subject to appropriation
and the meeting of program standards. Any additional parental
training services must be funded, subject to appropriation,
through preschool education grants pursuant to subdivision (4)
of subsection (a) of Section 2-3.71 of this Code for families

10300HB5451ham001 - 199 - LRB103 39421 KTG 70845 a
with children ages 3 to 5 and through prevention initiative
grants pursuant to subsection (b) of Section 2-3.89 of this
Code for expecting families and those with children from birth
to 3 years of age.
(i) Early childhood programs under this Section are
subject to the requirements under paragraph (7) of subsection
(a) of Section 2-3.71 of this Code.
(j) This Section is repealed on July 1, 2026.
(Source: P.A. 100-105, eff. 1-1-18.)
(105 ILCS 5/2-3.79) (from Ch. 122, par. 2-3.79)
Sec. 2-3.79. Pilot programs and special education services
for preschool children with disabilities from birth to age 3.
The State Board of Education may enter into contracts with
public or not-for-profit private organizations or agencies to
establish model pilot programs which provide services to
children with disabilities from birth up to the age of 3 years.
Annual grants shall be awarded on a competitive basis pursuant
to established criteria provided that there is an annual
appropriation for this purpose. Public or not-for-profit
private organizations or agencies that are providing services
to children with disabilities up to the age of 3 years prior to
September 22, 1985 are eligible to receive grants awarded
pursuant to this Section.
Each pilot program shall include, but not be limited to: a
process for identification of infants with disabilities in the

10300HB5451ham001 - 200 - LRB103 39421 KTG 70845 a
region; community awareness of the project and the services
provided; an intervention system; methods to assess and
diagnose infants with disabilities; written individual
treatment programs that include parental involvement; an
interdisciplinary treatment approach to include other agencies
and not-for-profit organizations; and a written evaluation
submitted to the State Board of Education at the end of the
grant period.
An Interagency Coordination Council shall be established
consisting of a representative of the State Superintendent of
Education who shall serve as chairman, and one representative
from the following departments appointed by the respective
directors or secretary: Children and Family Services, Public
Health, Human Services, Public Aid, and the Division of
Specialized Care for Children of the University of Illinois.
The council shall recommend criteria to the State Board of
Education for the awarding of grants pursuant to this Section
and shall assist in coordinating the services provided by
agencies to the children with disabilities described in this
Section.
A report containing recommendations concerning all of the
pilot programs shall be submitted by the State Board of
Education to the General Assembly by January of 1989. The
report which shall analyze the results of the pilot programs
funded under this Section and make recommendations concerning
existing and proposed programs shall include, but not be

10300HB5451ham001 - 201 - LRB103 39421 KTG 70845 a
limited to: recommendations for staff licensure and
qualifications; the number of children and families eligible
for services statewide; the cost of serving the children and
their families; the types of services to be provided; and
designs for the most effective delivery systems of these
services.
This Section is repealed on July 1, 2026.
(Source: P.A. 89-397, eff. 8-20-95; 89-507, eff. 7-1-97.)
(105 ILCS 5/2-3.89) (from Ch. 122, par. 2-3.89)
Sec. 2-3.89. Programs concerning services to at-risk
children and their families.
(a) The State Board of Education may provide grants to
eligible entities, as defined by the State Board of Education,
to establish programs which offer coordinated services to
at-risk infants and toddlers and their families. Each program
shall include a parent education program relating to the
development and nurturing of infants and toddlers and case
management services to coordinate existing services available
in the region served by the program. These services shall be
provided through the implementation of an individual family
service plan. Each program will have a community involvement
component to provide coordination in the service system.
(b) The State Board of Education shall administer the
programs through the grants to public school districts and
other eligible entities. These grants must be used to

10300HB5451ham001 - 202 - LRB103 39421 KTG 70845 a
supplement, not supplant, funds received from any other
source. School districts and other eligible entities receiving
grants pursuant to this Section shall conduct voluntary,
intensive, research-based, and comprehensive prevention
services, as defined by the State Board of Education, for
expecting parents and families with children from birth to age
3 who are at-risk of academic failure. A public school
district that receives a grant under this Section may
subcontract with other eligible entities.
(c) The State Board of Education shall report to the
General Assembly by July 1, 2006 and every 2 years thereafter,
using the most current data available, on the status of
programs funded under this Section, including without
limitation characteristics of participants, services
delivered, program models used, unmet needs, and results of
the programs funded.
(d) This Section is repealed on July 1, 2026.
(Source: P.A. 96-734, eff. 8-25-09.)
(105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
(Text of Section before amendment by P.A. 102-466)
Sec. 10-22.6. Suspension or expulsion of pupils; school
searches.
(a) To expel pupils guilty of gross disobedience or
misconduct, including gross disobedience or misconduct
perpetuated by electronic means, pursuant to subsection (b-20)

10300HB5451ham001 - 203 - LRB103 39421 KTG 70845 a
of this Section, and no action shall lie against them for such
expulsion. Expulsion shall take place only after the parents
have been requested to appear at a meeting of the board, or
with a hearing officer appointed by it, to discuss their
child's behavior. Such request shall be made by registered or
certified mail and shall state the time, place and purpose of
the meeting. The board, or a hearing officer appointed by it,
at such meeting shall state the reasons for dismissal and the
date on which the expulsion is to become effective. If a
hearing officer is appointed by the board, he shall report to
the board a written summary of the evidence heard at the
meeting and the board may take such action thereon as it finds
appropriate. If the board acts to expel a pupil, the written
expulsion decision shall detail the specific reasons why
removing the pupil from the learning environment is in the
best interest of the school. The expulsion decision shall also
include a rationale as to the specific duration of the
expulsion. An expelled pupil may be immediately transferred to
an alternative program in the manner provided in Article 13A
or 13B of this Code. A pupil must not be denied transfer
because of the expulsion, except in cases in which such
transfer is deemed to cause a threat to the safety of students
or staff in the alternative program.
(b) To suspend or by policy to authorize the
superintendent of the district or the principal, assistant
principal, or dean of students of any school to suspend pupils

10300HB5451ham001 - 204 - LRB103 39421 KTG 70845 a
guilty of gross disobedience or misconduct, or to suspend
pupils guilty of gross disobedience or misconduct on the
school bus from riding the school bus, pursuant to subsections
(b-15) and (b-20) of this Section, and no action shall lie
against them for such suspension. The board may by policy
authorize the superintendent of the district or the principal,
assistant principal, or dean of students of any school to
suspend pupils guilty of such acts for a period not to exceed
10 school days. If a pupil is suspended due to gross
disobedience or misconduct on a school bus, the board may
suspend the pupil in excess of 10 school days for safety
reasons.
Any suspension shall be reported immediately to the
parents or guardian of a pupil along with a full statement of
the reasons for such suspension and a notice of their right to
a review. The school board must be given a summary of the
notice, including the reason for the suspension and the
suspension length. Upon request of the parents or guardian,
the school board or a hearing officer appointed by it shall
review such action of the superintendent or principal,
assistant principal, or dean of students. At such review, the
parents or guardian of the pupil may appear and discuss the
suspension with the board or its hearing officer. If a hearing
officer is appointed by the board, he shall report to the board
a written summary of the evidence heard at the meeting. After
its hearing or upon receipt of the written report of its

10300HB5451ham001 - 205 - LRB103 39421 KTG 70845 a
hearing officer, the board may take such action as it finds
appropriate. If a student is suspended pursuant to this
subsection (b), the board shall, in the written suspension
decision, detail the specific act of gross disobedience or
misconduct resulting in the decision to suspend. The
suspension decision shall also include a rationale as to the
specific duration of the suspension. A pupil who is suspended
in excess of 20 school days may be immediately transferred to
an alternative program in the manner provided in Article 13A
or 13B of this Code. A pupil must not be denied transfer
because of the suspension, except in cases in which such
transfer is deemed to cause a threat to the safety of students
or staff in the alternative program.
(b-5) Among the many possible disciplinary interventions
and consequences available to school officials, school
exclusions, such as out-of-school suspensions and expulsions,
are the most serious. School officials shall limit the number
and duration of expulsions and suspensions to the greatest
extent practicable, and it is recommended that they use them
only for legitimate educational purposes. To ensure that
students are not excluded from school unnecessarily, it is
recommended that school officials consider forms of
non-exclusionary discipline prior to using out-of-school
suspensions or expulsions.
(b-10) Unless otherwise required by federal law or this
Code, school boards may not institute zero-tolerance policies

10300HB5451ham001 - 206 - LRB103 39421 KTG 70845 a
by which school administrators are required to suspend or
expel students for particular behaviors.
(b-15) Out-of-school suspensions of 3 days or less may be
used only if the student's continuing presence in school would
pose a threat to school safety or a disruption to other
students' learning opportunities. For purposes of this
subsection (b-15), "threat to school safety or a disruption to
other students' learning opportunities" shall be determined on
a case-by-case basis by the school board or its designee.
School officials shall make all reasonable efforts to resolve
such threats, address such disruptions, and minimize the
length of suspensions to the greatest extent practicable.
(b-20) Unless otherwise required by this Code,
out-of-school suspensions of longer than 3 days, expulsions,
and disciplinary removals to alternative schools may be used
only if other appropriate and available behavioral and
disciplinary interventions have been exhausted and the
student's continuing presence in school would either (i) pose
a threat to the safety of other students, staff, or members of
the school community or (ii) substantially disrupt, impede, or
interfere with the operation of the school. For purposes of
this subsection (b-20), "threat to the safety of other
students, staff, or members of the school community" and
"substantially disrupt, impede, or interfere with the
operation of the school" shall be determined on a case-by-case
basis by school officials. For purposes of this subsection

10300HB5451ham001 - 207 - LRB103 39421 KTG 70845 a
(b-20), the determination of whether "appropriate and
available behavioral and disciplinary interventions have been
exhausted" shall be made by school officials. School officials
shall make all reasonable efforts to resolve such threats,
address such disruptions, and minimize the length of student
exclusions to the greatest extent practicable. Within the
suspension decision described in subsection (b) of this
Section or the expulsion decision described in subsection (a)
of this Section, it shall be documented whether other
interventions were attempted or whether it was determined that
there were no other appropriate and available interventions.
(b-25) Students who are suspended out-of-school for longer
than 4 school days shall be provided appropriate and available
support services during the period of their suspension. For
purposes of this subsection (b-25), "appropriate and available
support services" shall be determined by school authorities.
Within the suspension decision described in subsection (b) of
this Section, it shall be documented whether such services are
to be provided or whether it was determined that there are no
such appropriate and available services.
A school district may refer students who are expelled to
appropriate and available support services.
A school district shall create a policy to facilitate the
re-engagement of students who are suspended out-of-school,
expelled, or returning from an alternative school setting.
(b-30) A school district shall create a policy by which

10300HB5451ham001 - 208 - LRB103 39421 KTG 70845 a
suspended pupils, including those pupils suspended from the
school bus who do not have alternate transportation to school,
shall have the opportunity to make up work for equivalent
academic credit. It shall be the responsibility of a pupil's
parent or guardian to notify school officials that a pupil
suspended from the school bus does not have alternate
transportation to school.
(c) A school board must invite a representative from a
local mental health agency to consult with the board at the
meeting whenever there is evidence that mental illness may be
the cause of a student's expulsion or suspension.
(c-5) School districts shall make reasonable efforts to
provide ongoing professional development to teachers,
administrators, school board members, school resource
officers, and staff on the adverse consequences of school
exclusion and justice-system involvement, effective classroom
management strategies, culturally responsive discipline, the
appropriate and available supportive services for the
promotion of student attendance and engagement, and
developmentally appropriate disciplinary methods that promote
positive and healthy school climates.
(d) The board may expel a student for a definite period of
time not to exceed 2 calendar years, as determined on a
case-by-case basis. A student who is determined to have
brought one of the following objects to school, any
school-sponsored activity or event, or any activity or event

10300HB5451ham001 - 209 - LRB103 39421 KTG 70845 a
that bears a reasonable relationship to school shall be
expelled for a period of not less than one year:
(1) A firearm. For the purposes of this Section,
"firearm" means any gun, rifle, shotgun, weapon as defined
by Section 921 of Title 18 of the United States Code,
firearm as defined in Section 1.1 of the Firearm Owners
Identification Card Act, or firearm as defined in Section
24-1 of the Criminal Code of 2012. The expulsion period
under this subdivision (1) may be modified by the
superintendent, and the superintendent's determination may
be modified by the board on a case-by-case basis.
(2) A knife, brass knuckles or other knuckle weapon
regardless of its composition, a billy club, or any other
object if used or attempted to be used to cause bodily
harm, including "look alikes" of any firearm as defined in
subdivision (1) of this subsection (d). The expulsion
requirement under this subdivision (2) may be modified by
the superintendent, and the superintendent's determination
may be modified by the board on a case-by-case basis.
Expulsion or suspension shall be construed in a manner
consistent with the federal Individuals with Disabilities
Education Act. A student who is subject to suspension or
expulsion as provided in this Section may be eligible for a
transfer to an alternative school program in accordance with
Article 13A of the School Code.
(d-5) The board may suspend or by regulation authorize the

10300HB5451ham001 - 210 - LRB103 39421 KTG 70845 a
superintendent of the district or the principal, assistant
principal, or dean of students of any school to suspend a
student for a period not to exceed 10 school days or may expel
a student for a definite period of time not to exceed 2
calendar years, as determined on a case-by-case basis, if (i)
that student has been determined to have made an explicit
threat on an Internet website against a school employee, a
student, or any school-related personnel, (ii) the Internet
website through which the threat was made is a site that was
accessible within the school at the time the threat was made or
was available to third parties who worked or studied within
the school grounds at the time the threat was made, and (iii)
the threat could be reasonably interpreted as threatening to
the safety and security of the threatened individual because
of his or her duties or employment status or status as a
student inside the school.
(e) To maintain order and security in the schools, school
authorities may inspect and search places and areas such as
lockers, desks, parking lots, and other school property and
equipment owned or controlled by the school, as well as
personal effects left in those places and areas by students,
without notice to or the consent of the student, and without a
search warrant. As a matter of public policy, the General
Assembly finds that students have no reasonable expectation of
privacy in these places and areas or in their personal effects
left in these places and areas. School authorities may request

10300HB5451ham001 - 211 - LRB103 39421 KTG 70845 a
the assistance of law enforcement officials for the purpose of
conducting inspections and searches of lockers, desks, parking
lots, and other school property and equipment owned or
controlled by the school for illegal drugs, weapons, or other
illegal or dangerous substances or materials, including
searches conducted through the use of specially trained dogs.
If a search conducted in accordance with this Section produces
evidence that the student has violated or is violating either
the law, local ordinance, or the school's policies or rules,
such evidence may be seized by school authorities, and
disciplinary action may be taken. School authorities may also
turn over such evidence to law enforcement authorities.
(f) Suspension or expulsion may include suspension or
expulsion from school and all school activities and a
prohibition from being present on school grounds.
(g) A school district may adopt a policy providing that if
a student is suspended or expelled for any reason from any
public or private school in this or any other state, the
student must complete the entire term of the suspension or
expulsion in an alternative school program under Article 13A
of this Code or an alternative learning opportunities program
under Article 13B of this Code before being admitted into the
school district if there is no threat to the safety of students
or staff in the alternative program.
(h) School officials shall not advise or encourage
students to drop out voluntarily due to behavioral or academic

10300HB5451ham001 - 212 - LRB103 39421 KTG 70845 a
difficulties.
(i) A student may not be issued a monetary fine or fee as a
disciplinary consequence, though this shall not preclude
requiring a student to provide restitution for lost, stolen,
or damaged property.
(j) Subsections (a) through (i) of this Section shall
apply to elementary and secondary schools, charter schools,
special charter districts, and school districts organized
under Article 34 of this Code.
(k) The expulsion of children enrolled in programs funded
under Section 1C-2 of this Code is subject to the requirements
under paragraph (7) of subsection (a) of Section 2-3.71 of
this Code.
(l) Beginning with the 2018-2019 school year, an in-school
suspension program provided by a school district for any
students in kindergarten through grade 12 may focus on
promoting non-violent conflict resolution and positive
interaction with other students and school personnel. A school
district may employ a school social worker or a licensed
mental health professional to oversee an in-school suspension
program in kindergarten through grade 12.
(Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21;
102-813, eff. 5-13-22.)
(Text of Section after amendment by P.A. 102-466)
Sec. 10-22.6. Suspension or expulsion of pupils; school

10300HB5451ham001 - 213 - LRB103 39421 KTG 70845 a
searches.
(a) To expel pupils guilty of gross disobedience or
misconduct, including gross disobedience or misconduct
perpetuated by electronic means, pursuant to subsection (b-20)
of this Section, and no action shall lie against them for such
expulsion. Expulsion shall take place only after the parents
or guardians have been requested to appear at a meeting of the
board, or with a hearing officer appointed by it, to discuss
their child's behavior. Such request shall be made by
registered or certified mail and shall state the time, place
and purpose of the meeting. The board, or a hearing officer
appointed by it, at such meeting shall state the reasons for
dismissal and the date on which the expulsion is to become
effective. If a hearing officer is appointed by the board, he
shall report to the board a written summary of the evidence
heard at the meeting and the board may take such action thereon
as it finds appropriate. If the board acts to expel a pupil,
the written expulsion decision shall detail the specific
reasons why removing the pupil from the learning environment
is in the best interest of the school. The expulsion decision
shall also include a rationale as to the specific duration of
the expulsion. An expelled pupil may be immediately
transferred to an alternative program in the manner provided
in Article 13A or 13B of this Code. A pupil must not be denied
transfer because of the expulsion, except in cases in which
such transfer is deemed to cause a threat to the safety of

10300HB5451ham001 - 214 - LRB103 39421 KTG 70845 a
students or staff in the alternative program.
(b) To suspend or by policy to authorize the
superintendent of the district or the principal, assistant
principal, or dean of students of any school to suspend pupils
guilty of gross disobedience or misconduct, or to suspend
pupils guilty of gross disobedience or misconduct on the
school bus from riding the school bus, pursuant to subsections
(b-15) and (b-20) of this Section, and no action shall lie
against them for such suspension. The board may by policy
authorize the superintendent of the district or the principal,
assistant principal, or dean of students of any school to
suspend pupils guilty of such acts for a period not to exceed
10 school days. If a pupil is suspended due to gross
disobedience or misconduct on a school bus, the board may
suspend the pupil in excess of 10 school days for safety
reasons.
Any suspension shall be reported immediately to the
parents or guardians of a pupil along with a full statement of
the reasons for such suspension and a notice of their right to
a review. The school board must be given a summary of the
notice, including the reason for the suspension and the
suspension length. Upon request of the parents or guardians,
the school board or a hearing officer appointed by it shall
review such action of the superintendent or principal,
assistant principal, or dean of students. At such review, the
parents or guardians of the pupil may appear and discuss the

10300HB5451ham001 - 215 - LRB103 39421 KTG 70845 a
suspension with the board or its hearing officer. If a hearing
officer is appointed by the board, he shall report to the board
a written summary of the evidence heard at the meeting. After
its hearing or upon receipt of the written report of its
hearing officer, the board may take such action as it finds
appropriate. If a student is suspended pursuant to this
subsection (b), the board shall, in the written suspension
decision, detail the specific act of gross disobedience or
misconduct resulting in the decision to suspend. The
suspension decision shall also include a rationale as to the
specific duration of the suspension. A pupil who is suspended
in excess of 20 school days may be immediately transferred to
an alternative program in the manner provided in Article 13A
or 13B of this Code. A pupil must not be denied transfer
because of the suspension, except in cases in which such
transfer is deemed to cause a threat to the safety of students
or staff in the alternative program.
(b-5) Among the many possible disciplinary interventions
and consequences available to school officials, school
exclusions, such as out-of-school suspensions and expulsions,
are the most serious. School officials shall limit the number
and duration of expulsions and suspensions to the greatest
extent practicable, and it is recommended that they use them
only for legitimate educational purposes. To ensure that
students are not excluded from school unnecessarily, it is
recommended that school officials consider forms of

10300HB5451ham001 - 216 - LRB103 39421 KTG 70845 a
non-exclusionary discipline prior to using out-of-school
suspensions or expulsions.
(b-10) Unless otherwise required by federal law or this
Code, school boards may not institute zero-tolerance policies
by which school administrators are required to suspend or
expel students for particular behaviors.
(b-15) Out-of-school suspensions of 3 days or less may be
used only if the student's continuing presence in school would
pose a threat to school safety or a disruption to other
students' learning opportunities. For purposes of this
subsection (b-15), "threat to school safety or a disruption to
other students' learning opportunities" shall be determined on
a case-by-case basis by the school board or its designee.
School officials shall make all reasonable efforts to resolve
such threats, address such disruptions, and minimize the
length of suspensions to the greatest extent practicable.
(b-20) Unless otherwise required by this Code,
out-of-school suspensions of longer than 3 days, expulsions,
and disciplinary removals to alternative schools may be used
only if other appropriate and available behavioral and
disciplinary interventions have been exhausted and the
student's continuing presence in school would either (i) pose
a threat to the safety of other students, staff, or members of
the school community or (ii) substantially disrupt, impede, or
interfere with the operation of the school. For purposes of
this subsection (b-20), "threat to the safety of other

10300HB5451ham001 - 217 - LRB103 39421 KTG 70845 a
students, staff, or members of the school community" and
"substantially disrupt, impede, or interfere with the
operation of the school" shall be determined on a case-by-case
basis by school officials. For purposes of this subsection
(b-20), the determination of whether "appropriate and
available behavioral and disciplinary interventions have been
exhausted" shall be made by school officials. School officials
shall make all reasonable efforts to resolve such threats,
address such disruptions, and minimize the length of student
exclusions to the greatest extent practicable. Within the
suspension decision described in subsection (b) of this
Section or the expulsion decision described in subsection (a)
of this Section, it shall be documented whether other
interventions were attempted or whether it was determined that
there were no other appropriate and available interventions.
(b-25) Students who are suspended out-of-school for longer
than 4 school days shall be provided appropriate and available
support services during the period of their suspension. For
purposes of this subsection (b-25), "appropriate and available
support services" shall be determined by school authorities.
Within the suspension decision described in subsection (b) of
this Section, it shall be documented whether such services are
to be provided or whether it was determined that there are no
such appropriate and available services.
A school district may refer students who are expelled to
appropriate and available support services.

10300HB5451ham001 - 218 - LRB103 39421 KTG 70845 a
A school district shall create a policy to facilitate the
re-engagement of students who are suspended out-of-school,
expelled, or returning from an alternative school setting.
(b-30) A school district shall create a policy by which
suspended pupils, including those pupils suspended from the
school bus who do not have alternate transportation to school,
shall have the opportunity to make up work for equivalent
academic credit. It shall be the responsibility of a pupil's
parents or guardians to notify school officials that a pupil
suspended from the school bus does not have alternate
transportation to school.
(b-35) In all suspension review hearings conducted under
subsection (b) or expulsion hearings conducted under
subsection (a), a student may disclose any factor to be
considered in mitigation, including his or her status as a
parent, expectant parent, or victim of domestic or sexual
violence, as defined in Article 26A. A representative of the
parent's or guardian's choice, or of the student's choice if
emancipated, must be permitted to represent the student
throughout the proceedings and to address the school board or
its appointed hearing officer. With the approval of the
student's parent or guardian, or of the student if
emancipated, a support person must be permitted to accompany
the student to any disciplinary hearings or proceedings. The
representative or support person must comply with any rules of
the school district's hearing process. If the representative

10300HB5451ham001 - 219 - LRB103 39421 KTG 70845 a
or support person violates the rules or engages in behavior or
advocacy that harasses, abuses, or intimidates either party, a
witness, or anyone else in attendance at the hearing, the
representative or support person may be prohibited from
further participation in the hearing or proceeding. A
suspension or expulsion proceeding under this subsection
(b-35) must be conducted independently from any ongoing
criminal investigation or proceeding, and an absence of
pending or possible criminal charges, criminal investigations,
or proceedings may not be a factor in school disciplinary
decisions.
(b-40) During a suspension review hearing conducted under
subsection (b) or an expulsion hearing conducted under
subsection (a) that involves allegations of sexual violence by
the student who is subject to discipline, neither the student
nor his or her representative shall directly question nor have
direct contact with the alleged victim. The student who is
subject to discipline or his or her representative may, at the
discretion and direction of the school board or its appointed
hearing officer, suggest questions to be posed by the school
board or its appointed hearing officer to the alleged victim.
(c) A school board must invite a representative from a
local mental health agency to consult with the board at the
meeting whenever there is evidence that mental illness may be
the cause of a student's expulsion or suspension.
(c-5) School districts shall make reasonable efforts to

10300HB5451ham001 - 220 - LRB103 39421 KTG 70845 a
provide ongoing professional development to teachers,
administrators, school board members, school resource
officers, and staff on the adverse consequences of school
exclusion and justice-system involvement, effective classroom
management strategies, culturally responsive discipline, the
appropriate and available supportive services for the
promotion of student attendance and engagement, and
developmentally appropriate disciplinary methods that promote
positive and healthy school climates.
(d) The board may expel a student for a definite period of
time not to exceed 2 calendar years, as determined on a
case-by-case basis. A student who is determined to have
brought one of the following objects to school, any
school-sponsored activity or event, or any activity or event
that bears a reasonable relationship to school shall be
expelled for a period of not less than one year:
(1) A firearm. For the purposes of this Section,
"firearm" means any gun, rifle, shotgun, weapon as defined
by Section 921 of Title 18 of the United States Code,
firearm as defined in Section 1.1 of the Firearm Owners
Identification Card Act, or firearm as defined in Section
24-1 of the Criminal Code of 2012. The expulsion period
under this subdivision (1) may be modified by the
superintendent, and the superintendent's determination may
be modified by the board on a case-by-case basis.
(2) A knife, brass knuckles or other knuckle weapon

10300HB5451ham001 - 221 - LRB103 39421 KTG 70845 a
regardless of its composition, a billy club, or any other
object if used or attempted to be used to cause bodily
harm, including "look alikes" of any firearm as defined in
subdivision (1) of this subsection (d). The expulsion
requirement under this subdivision (2) may be modified by
the superintendent, and the superintendent's determination
may be modified by the board on a case-by-case basis.
Expulsion or suspension shall be construed in a manner
consistent with the federal Individuals with Disabilities
Education Act. A student who is subject to suspension or
expulsion as provided in this Section may be eligible for a
transfer to an alternative school program in accordance with
Article 13A of the School Code.
(d-5) The board may suspend or by regulation authorize the
superintendent of the district or the principal, assistant
principal, or dean of students of any school to suspend a
student for a period not to exceed 10 school days or may expel
a student for a definite period of time not to exceed 2
calendar years, as determined on a case-by-case basis, if (i)
that student has been determined to have made an explicit
threat on an Internet website against a school employee, a
student, or any school-related personnel, (ii) the Internet
website through which the threat was made is a site that was
accessible within the school at the time the threat was made or
was available to third parties who worked or studied within
the school grounds at the time the threat was made, and (iii)

10300HB5451ham001 - 222 - LRB103 39421 KTG 70845 a
the threat could be reasonably interpreted as threatening to
the safety and security of the threatened individual because
of his or her duties or employment status or status as a
student inside the school.
(e) To maintain order and security in the schools, school
authorities may inspect and search places and areas such as
lockers, desks, parking lots, and other school property and
equipment owned or controlled by the school, as well as
personal effects left in those places and areas by students,
without notice to or the consent of the student, and without a
search warrant. As a matter of public policy, the General
Assembly finds that students have no reasonable expectation of
privacy in these places and areas or in their personal effects
left in these places and areas. School authorities may request
the assistance of law enforcement officials for the purpose of
conducting inspections and searches of lockers, desks, parking
lots, and other school property and equipment owned or
controlled by the school for illegal drugs, weapons, or other
illegal or dangerous substances or materials, including
searches conducted through the use of specially trained dogs.
If a search conducted in accordance with this Section produces
evidence that the student has violated or is violating either
the law, local ordinance, or the school's policies or rules,
such evidence may be seized by school authorities, and
disciplinary action may be taken. School authorities may also
turn over such evidence to law enforcement authorities.

10300HB5451ham001 - 223 - LRB103 39421 KTG 70845 a
(f) Suspension or expulsion may include suspension or
expulsion from school and all school activities and a
prohibition from being present on school grounds.
(g) A school district may adopt a policy providing that if
a student is suspended or expelled for any reason from any
public or private school in this or any other state, the
student must complete the entire term of the suspension or
expulsion in an alternative school program under Article 13A
of this Code or an alternative learning opportunities program
under Article 13B of this Code before being admitted into the
school district if there is no threat to the safety of students
or staff in the alternative program. A school district that
adopts a policy under this subsection (g) must include a
provision allowing for consideration of any mitigating
factors, including, but not limited to, a student's status as
a parent, expectant parent, or victim of domestic or sexual
violence, as defined in Article 26A.
(h) School officials shall not advise or encourage
students to drop out voluntarily due to behavioral or academic
difficulties.
(i) A student may not be issued a monetary fine or fee as a
disciplinary consequence, though this shall not preclude
requiring a student to provide restitution for lost, stolen,
or damaged property.
(j) Subsections (a) through (i) of this Section shall
apply to elementary and secondary schools, charter schools,

10300HB5451ham001 - 224 - LRB103 39421 KTG 70845 a
special charter districts, and school districts organized
under Article 34 of this Code.
(k) Through June 30, 2026, the The expulsion of children
enrolled in programs funded under Section 1C-2 of this Code is
subject to the requirements under paragraph (7) of subsection
(a) of Section 2-3.71 of this Code.
(k-5) On and after July 1, 2026, the expulsion of children
enrolled in programs funded under Section 15-25 of the
Department of Early Childhood Act is subject to the
requirements of paragraph (7) of subsection (a) of Section
15-30 of the Department of Early Childhood Act.
(l) Beginning with the 2018-2019 school year, an in-school
suspension program provided by a school district for any
students in kindergarten through grade 12 may focus on
promoting non-violent conflict resolution and positive
interaction with other students and school personnel. A school
district may employ a school social worker or a licensed
mental health professional to oversee an in-school suspension
program in kindergarten through grade 12.
(Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25;
102-539, eff. 8-20-21; 102-813, eff. 5-13-22.)
(105 ILCS 5/21B-50)
Sec. 21B-50. Alternative Educator Licensure Program for
Teachers.
(a) There is established an alternative educator licensure

10300HB5451ham001 - 225 - LRB103 39421 KTG 70845 a
program, to be known as the Alternative Educator Licensure
Program for Teachers.
(b) The Alternative Educator Licensure Program for
Teachers may be offered by a recognized institution approved
to offer educator preparation programs by the State Board of
Education, in consultation with the State Educator Preparation
and Licensure Board.
The program shall be comprised of up to 3 phases:
(1) A course of study that at a minimum includes
instructional planning; instructional strategies,
including special education, reading, and English language
learning; classroom management; and the assessment of
students and use of data to drive instruction.
(2) A year of residency, which is a candidate's
assignment to a full-time teaching position or as a
co-teacher for one full school year. An individual must
hold an Educator License with Stipulations with an
alternative provisional educator endorsement in order to
enter the residency. In residency, the candidate must: be
assigned an effective, fully licensed teacher by the
principal or principal equivalent to act as a mentor and
coach the candidate through residency, complete additional
program requirements that address required State and
national standards, pass the State Board's teacher
performance assessment, if required under Section 21B-30,
and be recommended by the principal or qualified

10300HB5451ham001 - 226 - LRB103 39421 KTG 70845 a
equivalent of a principal, as required under subsection
(d) of this Section, and the program coordinator to be
recommended for full licensure or to continue with a
second year of the residency.
(3) (Blank).
(4) A comprehensive assessment of the candidate's
teaching effectiveness, as evaluated by the principal or
qualified equivalent of a principal, as required under
subsection (d) of this Section, and the program
coordinator, at the end of either the first or the second
year of residency. If there is disagreement between the 2
evaluators about the candidate's teaching effectiveness at
the end of the first year of residency, a second year of
residency shall be required. If there is disagreement
between the 2 evaluators at the end of the second year of
residency, the candidate may complete one additional year
of residency teaching under a professional development
plan developed by the principal or qualified equivalent
and the preparation program. At the completion of the
third year, a candidate must have positive evaluations and
a recommendation for full licensure from both the
principal or qualified equivalent and the program
coordinator or no Professional Educator License shall be
issued.
Successful completion of the program shall be deemed to
satisfy any other practice or student teaching and content

10300HB5451ham001 - 227 - LRB103 39421 KTG 70845 a
matter requirements established by law.
(c) An alternative provisional educator endorsement on an
Educator License with Stipulations is valid for up to 2 years
of teaching in the public schools, including without
limitation a preschool educational program under Section
2-3.71 of this Code or Section 15-30 of the Department of Early
Childhood Act or charter school, or in a State-recognized
nonpublic school in which the chief administrator is required
to have the licensure necessary to be a principal in a public
school in this State and in which a majority of the teachers
are required to have the licensure necessary to be instructors
in a public school in this State, but may be renewed for a
third year if needed to complete the Alternative Educator
Licensure Program for Teachers. The endorsement shall be
issued only once to an individual who meets all of the
following requirements:
(1) Has graduated from a regionally accredited college
or university with a bachelor's degree or higher.
(2) (Blank).
(3) Has completed a major in the content area if
seeking a middle or secondary level endorsement or, if
seeking an early childhood, elementary, or special
education endorsement, has completed a major in the
content area of early childhood reading, English/language
arts, mathematics, or one of the sciences. If the
individual does not have a major in a content area for any

10300HB5451ham001 - 228 - LRB103 39421 KTG 70845 a
level of teaching, he or she must submit transcripts to
the State Board of Education to be reviewed for
equivalency.
(4) Has successfully completed phase (1) of subsection
(b) of this Section.
(5) Has passed a content area test required for the
specific endorsement for admission into the program, as
required under Section 21B-30 of this Code.
A candidate possessing the alternative provisional
educator endorsement may receive a salary, benefits, and any
other terms of employment offered to teachers in the school
who are members of an exclusive bargaining representative, if
any, but a school is not required to provide these benefits
during the years of residency if the candidate is serving only
as a co-teacher. If the candidate is serving as the teacher of
record, the candidate must receive a salary, benefits, and any
other terms of employment. Residency experiences must not be
counted towards tenure.
(d) The recognized institution offering the Alternative
Educator Licensure Program for Teachers must partner with a
school district, including without limitation a preschool
educational program under Section 2-3.71 of this Code or
Section 15-30 of the Department of Early Childhood Act or
charter school, or a State-recognized, nonpublic school in
this State in which the chief administrator is required to
have the licensure necessary to be a principal in a public

10300HB5451ham001 - 229 - LRB103 39421 KTG 70845 a
school in this State and in which a majority of the teachers
are required to have the licensure necessary to be instructors
in a public school in this State. A recognized institution
that partners with a public school district administering a
preschool educational program under Section 2-3.71 of this
Code or Section 15-30 of the Department of Early Childhood Act
must require a principal to recommend or evaluate candidates
in the program. A recognized institution that partners with an
eligible entity administering a preschool educational program
under Section 2-3.71 of this Code or Section 15-30 of the
Department of Early Childhood Act and that is not a public
school district must require a principal or qualified
equivalent of a principal to recommend or evaluate candidates
in the program. The program presented for approval by the
State Board of Education must demonstrate the supports that
are to be provided to assist the provisional teacher during
the one-year 1-year or 2-year residency period and if the
residency period is to be less than 2 years in length,
assurances from the partner school districts to provide
intensive mentoring and supports through at least the end of
the second full year of teaching for educators who completed
the Alternative Educator Educators Licensure Program for
Teachers in less than 2 years. These supports must, at a
minimum, provide additional contact hours with mentors during
the first year of residency.
(e) Upon completion of phases under paragraphs (1), (2),

10300HB5451ham001 - 230 - LRB103 39421 KTG 70845 a
(4), and, if needed, (3) in subsection (b) of this Section and
all assessments required under Section 21B-30 of this Code, an
individual shall receive a Professional Educator License.
(f) The State Board of Education, in consultation with the
State Educator Preparation and Licensure Board, may adopt such
rules as may be necessary to establish and implement the
Alternative Educator Licensure Program for Teachers.
(Source: P.A. 103-111, eff. 6-29-23; 103-488, eff. 8-4-23;
revised 9-1-23.)
(105 ILCS 5/22-45)
Sec. 22-45. Illinois P-20 Council.
(a) The General Assembly finds that preparing Illinoisans
for success in school and the workplace requires a continuum
of quality education from preschool through graduate school.
This State needs a framework to guide education policy and
integrate education at every level. A statewide coordinating
council to study and make recommendations concerning education
at all levels can avoid fragmentation of policies, promote
improved teaching and learning, and continue to cultivate and
demonstrate strong accountability and efficiency. Establishing
an Illinois P-20 Council will develop a statewide agenda that
will move the State towards the common goals of improving
academic achievement, increasing college access and success,
improving use of existing data and measurements, developing
improved accountability, fostering innovative approaches to

10300HB5451ham001 - 231 - LRB103 39421 KTG 70845 a
education, promoting lifelong learning, easing the transition
to college, and reducing remediation. A pre-kindergarten
through grade 20 agenda will strengthen this State's economic
competitiveness by producing a highly-skilled workforce. In
addition, lifelong learning plans will enhance this State's
ability to leverage funding.
(b) There is created the Illinois P-20 Council. The
Illinois P-20 Council shall include all of the following
members:
(1) The Governor or his or her designee, to serve as
chairperson.
(2) Four members of the General Assembly, one
appointed by the Speaker of the House of Representatives,
one appointed by the Minority Leader of the House of
Representatives, one appointed by the President of the
Senate, and one appointed by the Minority Leader of the
Senate.
(3) Six at-large members appointed by the Governor as
follows, with 2 members being from the City of Chicago, 2
members being from Lake County, McHenry County, Kane
County, DuPage County, Will County, or that part of Cook
County outside of the City of Chicago, and 2 members being
from the remainder of the State:
(A) one representative of civic leaders;
(B) one representative of local government;
(C) one representative of trade unions;

10300HB5451ham001 - 232 - LRB103 39421 KTG 70845 a
(D) one representative of nonprofit organizations
or foundations;
(E) one representative of parents' organizations;
and
(F) one education research expert.
(4) Five members appointed by statewide business
organizations and business trade associations.
(5) Six members appointed by statewide professional
organizations and associations representing
pre-kindergarten through grade 20 teachers, community
college faculty, and public university faculty.
(6) Two members appointed by associations representing
local school administrators and school board members. One
of these members must be a special education
administrator.
(7) One member representing community colleges,
appointed by the Illinois Council of Community College
Presidents.
(8) One member representing 4-year independent
colleges and universities, appointed by a statewide
organization representing private institutions of higher
learning.
(9) One member representing public 4-year
universities, appointed jointly by the university
presidents and chancellors.
(10) Ex-officio members as follows:

10300HB5451ham001 - 233 - LRB103 39421 KTG 70845 a
(A) The State Superintendent of Education or his
or her designee.
(A-5) The Secretary of Early Childhood or the
Secretary's designee.
(B) The Executive Director of the Board of Higher
Education or his or her designee.
(C) The Executive Director of the Illinois
Community College Board or his or her designee.
(D) The Executive Director of the Illinois Student
Assistance Commission or his or her designee.
(E) The Co-chairpersons of the Illinois Workforce
Investment Board or their designee.
(F) The Director of Commerce and Economic
Opportunity or his or her designee.
(G) The Chairperson of the Illinois Early Learning
Council or his or her designee.
(H) The President of the Illinois Mathematics and
Science Academy or his or her designee.
(I) The president of an association representing
educators of adult learners or his or her designee.
Ex-officio members shall have no vote on the Illinois P-20
Council.
Appointed members shall serve for staggered terms expiring
on July 1 of the first, second, or third calendar year
following their appointments or until their successors are
appointed and have qualified. Staggered terms shall be

10300HB5451ham001 - 234 - LRB103 39421 KTG 70845 a
determined by lot at the organizing meeting of the Illinois
P-20 Council.
Vacancies shall be filled in the same manner as original
appointments, and any member so appointed shall serve during
the remainder of the term for which the vacancy occurred.
(c) The Illinois P-20 Council shall be funded through
State appropriations to support staff activities, research,
data-collection, and dissemination. The Illinois P-20 Council
shall be staffed by the Office of the Governor, in
coordination with relevant State agencies, boards, and
commissions. The Illinois Education Research Council shall
provide research and coordinate research collection activities
for the Illinois P-20 Council.
(d) The Illinois P-20 Council shall have all of the
following duties:
(1) To make recommendations to do all of the
following:
(A) Coordinate pre-kindergarten through grade 20
(graduate school) education in this State through
working at the intersections of educational systems to
promote collaborative infrastructure.
(B) Coordinate and leverage strategies, actions,
legislation, policies, and resources of all
stakeholders to support fundamental and lasting
improvement in this State's public schools, community
colleges, and universities.

10300HB5451ham001 - 235 - LRB103 39421 KTG 70845 a
(C) Better align the high school curriculum with
postsecondary expectations.
(D) Better align assessments across all levels of
education.
(E) Reduce the need for students entering
institutions of higher education to take remedial
courses.
(F) Smooth the transition from high school to
college.
(G) Improve high school and college graduation
rates.
(H) Improve the rigor and relevance of academic
standards for college and workforce readiness.
(I) Better align college and university teaching
programs with the needs of Illinois schools.
(2) To advise the Governor, the General Assembly, the
State's education and higher education agencies, and the
State's workforce and economic development boards and
agencies on policies related to lifelong learning for
Illinois students and families.
(3) To articulate a framework for systemic educational
improvement and innovation that will enable every student
to meet or exceed Illinois learning standards and be
well-prepared to succeed in the workforce and community.
(4) To provide an estimated fiscal impact for
implementation of all Council recommendations.

10300HB5451ham001 - 236 - LRB103 39421 KTG 70845 a
(5) To make recommendations for short-term and
long-term learning recovery actions for public school
students in this State in the wake of the COVID-19
pandemic. The Illinois P-20 Council shall submit a report
with its recommendations for a multi-year recovery plan by
December 31, 2021 to the Governor, the State Board of
Education, the Board of Higher Education, the Illinois
Community College Board, and the General Assembly that
addresses all of the following:
(A) Closing the digital divide for all students,
including access to devices, Internet connectivity,
and ensuring that educators have the necessary support
and training to provide high quality remote and
blended learning to students.
(B) Evaluating the academic growth and proficiency
of students in order to understand the impact of
school closures and remote and blended remote learning
conditions on student academic outcomes, including
disaggregating data by race, income, diverse learners,
and English learners, in ways that balance the need to
understand that impact with the need to support
student well-being and also take into consideration
the logistical constraints facing schools and
districts.
(C) Establishing a system for the collection and
review of student data at the State level, including

10300HB5451ham001 - 237 - LRB103 39421 KTG 70845 a
data about prekindergarten through higher education
student attendance, engagement and participation,
discipline, and social-emotional and mental health
inputs and outcomes, in order to better understand the
full impact of disrupted learning.
(D) Providing students with resources and programs
for academic support, such as enrichment
opportunities, tutoring corps, summer bridge programs,
youth leadership and development programs, youth and
community-led restorative and transformative justice
programs, and youth internship and apprenticeship
programs.
(E) Providing students with resources and support
to ensure access to social-emotional learning, mental
health services, and trauma responsive, restorative
justice and anti-racist practices in order to support
the growth of the whole child, such as investing in
community schools and providing comprehensive
year-round services and support for both students and
their families.
(F) Ensuring more time for students' academic,
social-emotional, and mental health needs by
considering such strategies as: (i) extending planning
time for teachers, (ii) extending the school day and
school year, and (iii) transitioning to year-round
schooling.

10300HB5451ham001 - 238 - LRB103 39421 KTG 70845 a
(G) Strengthening the transition from secondary
education to postsecondary education in the wake of
threats to alignment and affordability created by the
pandemic and related conditions.
(e) The chairperson of the Illinois P-20 Council may
authorize the creation of working groups focusing on areas of
interest to Illinois educational and workforce development,
including without limitation the following areas:
(1) Preparation, recruitment, and certification of
highly qualified teachers.
(2) Mentoring and induction of highly qualified
teachers.
(3) The diversity of highly qualified teachers.
(4) Funding for highly qualified teachers, including
developing a strategic and collaborative plan to seek
federal and private grants to support initiatives
targeting teacher preparation and its impact on student
achievement.
(5) Highly effective administrators.
(6) Illinois birth through age 3 education,
pre-kindergarten, and early childhood education.
(7) The assessment, alignment, outreach, and network
of college and workforce readiness efforts.
(8) Alternative routes to college access.
(9) Research data and accountability.
(10) Community schools, community participation, and

10300HB5451ham001 - 239 - LRB103 39421 KTG 70845 a
other innovative approaches to education that foster
community partnerships.
(11) Tuition, financial aid, and other issues related
to keeping postsecondary education affordable for Illinois
residents.
(12) Learning recovery in the wake of the COVID-19
pandemic.
The chairperson of the Illinois P-20 Council may designate
Council members to serve as working group chairpersons.
Working groups may invite organizations and individuals
representing pre-kindergarten through grade 20 interests to
participate in discussions, data collection, and
dissemination.
(Source: P.A. 101-654, eff. 3-8-21.)
(105 ILCS 5/26-19)
Sec. 26-19. Chronic absenteeism in preschool children.
(a) In this Section, "chronic absence" has the meaning
ascribed to that term in Section 26-18 of this Code.
(b) The General Assembly makes all of the following
findings:
(1) The early years are an extremely important period
in a child's learning and development.
(2) Missed learning opportunities in the early years
make it difficult for a child to enter kindergarten ready
for success.

10300HB5451ham001 - 240 - LRB103 39421 KTG 70845 a
(3) Attendance patterns in the early years serve as
predictors of chronic absenteeism and reduced educational
outcomes in later school years. Therefore, it is crucial
that the implications of chronic absence be understood and
reviewed regularly under the Preschool for All Program and
Preschool for All Expansion Program under Section 2-3.71
of this Code.
(c) The Preschool for All Program and Preschool for All
Expansion Program under Section 2-3.71 of this Code shall
collect and review its chronic absence data and determine what
support and resources are needed to positively engage
chronically absent students and their families to encourage
the habit of daily attendance and promote success.
(d) The Preschool for All Program and Preschool for All
Expansion Program under Section 2-3.71 of this Code are
encouraged to do all of the following:
(1) Provide support to students who are at risk of
reaching or exceeding chronic absence levels.
(2) Make resources available to families, such as
those available through the State Board of Education's
Family Engagement Framework, to support and encourage
families to ensure their children's daily program
attendance.
(3) Include information about chronic absenteeism as
part of their preschool to kindergarten transition
resources.

10300HB5451ham001 - 241 - LRB103 39421 KTG 70845 a
(e) On or before July 1, 2020, and annually thereafter,
the Preschool for All Program and Preschool for All Expansion
Program shall report all data collected under subsection (c)
of this Section to the State Board of Education, which shall
make the report publicly available via the Illinois Early
Childhood Asset Map Internet website and the Preschool for All
Program or Preschool for All Expansion Program triennial
report.
(f) This Section is repealed on July 1, 2026.
(Source: P.A. 102-539, eff. 8-20-21.)
Section 90-35. The School Construction Law is amended by
changing Section 5-300 as follows:
(105 ILCS 230/5-300)
Sec. 5-300. Early childhood construction grants.
(a) The Capital Development Board is authorized to make
grants to public school districts and not-for-profit entities
for early childhood construction projects, except that in
fiscal year 2024 those grants may be made only to public school
districts. These grants shall be paid out of moneys
appropriated for that purpose from the School Construction
Fund, the Build Illinois Bond Fund, or the Rebuild Illinois
Projects Fund. No grants may be awarded to entities providing
services within private residences. A public school district
or other eligible entity must provide local matching funds in

10300HB5451ham001 - 242 - LRB103 39421 KTG 70845 a
the following manner:
(1) A public school district assigned to Tier 1 under
Section 18-8.15 of the School Code or any other eligible
entity in an area encompassed by that district must
provide local matching funds in an amount equal to 3% of
the grant awarded under this Section.
(2) A public school district assigned to Tier 2 under
Section 18-8.15 of the School Code or any other eligible
entity in an area encompassed by that district must
provide local matching funds in an amount equal to 7.5% of
the grant awarded under this Section.
(3) A public school district assigned to Tier 3 under
Section 18-8.15 of the School Code or any other eligible
entity in an area encompassed by that district must
provide local matching funds in an amount equal to 8.75%
of the grant awarded under this Section.
(4) A public school district assigned to Tier 4 under
Section 18-8.15 of the School Code or any other eligible
entity in an area encompassed by that district must
provide local matching funds in an amount equal to 10% of
the grant awarded under this Section.
A public school district or other eligible entity has no
entitlement to a grant under this Section.
(b) The Capital Development Board shall adopt rules to
implement this Section. These rules need not be the same as the
rules for school construction project grants or school

10300HB5451ham001 - 243 - LRB103 39421 KTG 70845 a
maintenance project grants. The rules may specify:
(1) the manner of applying for grants;
(2) project eligibility requirements;
(3) restrictions on the use of grant moneys;
(4) the manner in which school districts and other
eligible entities must account for the use of grant
moneys;
(5) requirements that new or improved facilities be
used for early childhood and other related programs for a
period of at least 10 years; and
(6) any other provision that the Capital Development
Board determines to be necessary or useful for the
administration of this Section.
(b-5) When grants are made to non-profit corporations for
the acquisition or construction of new facilities, the Capital
Development Board or any State agency it so designates shall
hold title to or place a lien on the facility for a period of
10 years after the date of the grant award, after which title
to the facility shall be transferred to the non-profit
corporation or the lien shall be removed, provided that the
non-profit corporation has complied with the terms of its
grant agreement. When grants are made to non-profit
corporations for the purpose of renovation or rehabilitation,
if the non-profit corporation does not comply with item (5) of
subsection (b) of this Section, the Capital Development Board
or any State agency it so designates shall recover the grant

10300HB5451ham001 - 244 - LRB103 39421 KTG 70845 a
pursuant to the procedures outlined in the Illinois Grant
Funds Recovery Act.
(c) The Capital Development Board, in consultation with
the State Board of Education, shall establish standards for
the determination of priority needs concerning early childhood
projects based on projects located in communities in the State
with the greatest underserved population of young children,
utilizing Census data and other reliable local early childhood
service data.
(d) In each school year in which early childhood
construction project grants are awarded, 20% of the total
amount awarded shall be awarded to a school district with a
population of more than 500,000, provided that the school
district complies with the requirements of this Section and
the rules adopted under this Section.
(e) This Section is repealed on July 1, 2026.
(Source: P.A. 102-16, eff. 6-17-21; 103-8, eff. 6-7-23.)
Section 90-40. The Early Childhood Access Consortium for
Equity Act is amended by changing Sections 25 and 35 as
follows:
(110 ILCS 28/25)
Sec. 25. Advisory committee; membership.
(a) The Board of Higher Education, the Illinois Community
College Board, the State Board of Education, the Department of

10300HB5451ham001 - 245 - LRB103 39421 KTG 70845 a
Human Services, and the Department of Early Childhood
Governor's Office of Early Childhood Development shall jointly
convene a Consortium advisory committee to provide guidance on
the operation of the Consortium.
(b) Membership on the advisory committee shall be
comprised of employers and experts appointed by the Board of
Higher Education, the Illinois Community College Board, the
Department of Early Childhood, the Department of Human
Services Governor's Office of Early Childhood Development, and
the State Board of Education. Membership shall also include
all of the following members:
(1) An employer from a community-based child care
provider, appointed by the Department of Human Services
Governor's Office of Early Childhood Development.
(2) An employer from a for-profit child care provider,
appointed by the Department of Human Services Governor's
Office of Early Childhood Development.
(3) An employer from a nonprofit child care provider,
appointed by the Department of Human Services Governor's
Office of Early Childhood Development.
(4) A provider of family child care, appointed by the
Department of Human Services Governor's Office of Early
Childhood Development.
(5) An employer located in southern Illinois,
appointed by the Department of Early Childhood Governor's
Office of Early Childhood Development.

10300HB5451ham001 - 246 - LRB103 39421 KTG 70845 a
(6) An employer located in central Illinois, appointed
by the Department of Early Childhood Governor's Office of
Early Childhood Development.
(7) At least one member who represents an urban school
district, appointed by the State Board of Education.
(8) At least one member who represents a suburban
school district, appointed by the State Board of
Education.
(9) At least one member who represents a rural school
district, appointed by the State Board of Education.
(10) At least one member who represents a school
district in a city with a population of 500,000 or more,
appointed by the State Board of Education.
(11) Two early childhood advocates with statewide
expertise in early childhood workforce issues, appointed
by the Department of Early Childhood Governor's Office of
Early Childhood Development.
(12) The Chairperson or Vice-Chairperson and the
Minority Spokesperson or a designee of the Senate
Committee on Higher Education.
(13) The Chairperson or Vice-Chairperson and the
Minority Spokesperson or a designee of the House Committee
on Higher Education.
(14) One member representing the Illinois Community
College Board, who shall serve as co-chairperson,
appointed by the Illinois Community College Board.

10300HB5451ham001 - 247 - LRB103 39421 KTG 70845 a
(15) One member representing the Board of Higher
Education, who shall serve as co-chairperson, appointed by
the Board of Higher Education.
(16) One member representing the Illinois Student
Assistance Commission, appointed by the Board of Higher
Education.
(17) One member representing the State Board of
Education, who shall serve as co-chairperson, appointed by
the State Board of Education.
(18) One member representing the Department of Early
Childhood Governor's Office of Early Childhood
Development, who shall serve as co-chairperson, appointed
by the Department of Early Childhood Governor's Office of
Early Childhood Development.
(19) One member representing the Department of Human
Services, who shall serve as co-chairperson, appointed by
the Department of Human Services Governor's Office of
Early Childhood Development.
(20) One member representing INCCRRA, appointed by the
Department of Early Childhood Governor's Office of Early
Childhood Development.
(21) One member representing the Department of
Children and Family Services, appointed by the Department
of Children and Family Services Governor's Office of Early
Childhood Development.
(22) One member representing an organization that

10300HB5451ham001 - 248 - LRB103 39421 KTG 70845 a
advocates on behalf of community college trustees,
appointed by the Illinois Community College Board.
(23) One member of a union representing child care and
early childhood providers, appointed by the Department of
Human Services Governor's Office of Early Childhood
Development.
(24) Two members of unions representing higher
education faculty, appointed by the Board of Higher
Education.
(25) A representative from the College of Education of
an urban public university, appointed by the Board of
Higher Education.
(26) A representative from the College of Education of
a suburban public university, appointed by the Board of
Higher Education.
(27) A representative from the College of Education of
a rural public university, appointed by the Board of
Higher Education.
(28) A representative from the College of Education of
a private university, appointed by the Board of Higher
Education.
(29) A representative of an urban community college,
appointed by the Illinois Community College Board.
(30) A representative of a suburban community college,
appointed by the Illinois Community College Board.
(31) A representative of rural community college,

10300HB5451ham001 - 249 - LRB103 39421 KTG 70845 a
appointed by the Illinois Community College Board.
(c) The advisory committee shall meet quarterly. The
committee meetings shall be open to the public in accordance
with the provisions of the Open Meetings Act.
(Source: P.A. 102-174, eff. 7-28-21.)
(110 ILCS 28/35)
Sec. 35. Goals and metrics.
(a) By July 1, 2021 or within 60 days after the effective
date of this amendatory Act of the 102nd General Assembly, the
Board of Higher Education's Strategic Plan Educator Workforce
subgroup on the early childhood workforce must set goals for
the Consortium for the enrollment, persistence, and completion
of members of the incumbent workforce in associate,
bachelor's, and master's degree programs, Gateways Credentials
in Level 2, 3, or 4, and Professional Educator Licensure by
September 30, 2024. The goals set for the Consortium must be
data informed and include targets for annual enrollment and
persistence.
(b) Data from the Gateways Registry, March 2020, indicates
that there are 7,670 individuals with an associate degree who
would benefit from progressing to a baccalaureate degree and
20,467 individuals with a high school diploma or some college
who would benefit from progressing to an associate degree. If
the goals cannot be set in accordance with subsection (a), the
goal for the Consortium shall be that by September 30, 2024,

10300HB5451ham001 - 250 - LRB103 39421 KTG 70845 a
20% of the individuals described in this subsection (b) who do
not have a degree will have enrolled and be persisting toward
or have attained a Gateways Credential in Level 2, 3, or 4 or
an associate degree and, of the individuals who have an
associate degree, will be enrolled and persisting toward or
have attained a baccalaureate degree or will be persisting
toward or have attained a Professional Educator License.
(c) Student financial aid, including incentives and
stipends, data-sharing, and professional statewide engagement
and marketing campaign and recruitment efforts are critical to
the Consortium's ability to quickly attract and enroll
students into these programs. Navigators, mentors, and
advisors are critical for persistence and completion. If
federal funds are not appropriated for these purposes and the
other purposes of this Section, the Board of Higher Education,
the Illinois Community College Board, the State Board of
Education, the Department of Human Services, and the
Department of Early Childhood Governor's Office of Early
Childhood Development, in consultation with the advisory
committee, shall adjust the initial target metrics
appropriately by adopting challenging goals that may be
attainable with less public investment.
(d) The Board of Higher Education, the Illinois Community
College Board, the State Board of Education, the Department of
Human Services, and the Department of Early Childhood
Governor's Office of Early Childhood Development, in

10300HB5451ham001 - 251 - LRB103 39421 KTG 70845 a
consultation with the advisory committee, shall determine new
metrics and goals for the Consortium as they relate to the
remaining and future early childhood workforce, to be
instituted after the close of the 2024-2025 academic year and
going forward. Metrics must take into consideration that the
pipeline depends on sustained, increased student enrollment
and completion rates at the associate degree level if this
State aims to continue with sustained, increased student
enrollment and completion at the bachelor's degree level.
(Source: P.A. 102-174, eff. 7-28-21.)
Section 90-45. The Illinois Public Aid Code is amended by
changing Sections 2-12, 2-12.5, 9A-11, 9A-11.5, and 9A-17 as
follows:
(305 ILCS 5/2-12) (from Ch. 23, par. 2-12)
Sec. 2-12. "Illinois Department"; "Department". In this
Code, "Illinois Department" or "Department", when a particular
entity is not specified, means the following:
(1) In the case of a function performed before July 1, 1997
(the effective date of the Department of Human Services Act),
the term means the Department of Public Aid.
(2) Except as provided in paragraph (2.5), in In the case
of a function to be performed on or after July 1, 1997 under
Article III, IV, VI, IX, or IXA, the term means the Department
of Human Services as successor to the Illinois Department of

10300HB5451ham001 - 252 - LRB103 39421 KTG 70845 a
Public Aid.
(2.5) In the case of a function to be performed on or after
July 1, 2026 under Sections 9A-11 and 9A-11-5, the term means
the Department of Early Childhood.
(3) In the case of a function to be performed on or after
July 1, 1997 under Article V, V-A, V-B, V-C, V-D, V-E, X, XIV,
or XV, the term means the Department of Healthcare and Family
Services (formerly Illinois Department of Public Aid).
(4) In the case of a function to be performed on or after
July 1, 1997 under Article I, II, VIIIA, XI, XII, or XIII, the
term means the Department of Human Services (acting as
successor to the Illinois Department of Public Aid) or the
Department of Healthcare and Family Services (formerly
Illinois Department of Public Aid) or both, according to
whether that function, in the specific context, has been
allocated to the Department of Human Services or the
Department of Healthcare and Family Services (formerly
Department of Public Aid) or both of those departments.
(Source: P.A. 95-331, eff. 8-21-07.)
(305 ILCS 5/2-12.5)
Sec. 2-12.5. "Director of the Illinois Department";
"Director of the Department"; "Director". In this Code,
"Director of the Illinois Department", "Director of the
Department", or "Director", when a particular official is not
specified, means the following:

10300HB5451ham001 - 253 - LRB103 39421 KTG 70845 a
(1) In the case of a function performed before July 1, 1997
(the effective date of the Department of Human Services Act),
the term means the Director of Public Aid.
(2) Except as provided in paragraph (2.5), in In the case
of a function to be performed on or after July 1, 1997 under
Article III, IV, VI, IX, or IXA, the term means the Secretary
of Human Services.
(2.5) In the case of a function to be performed on or after
July 1, 2026 under Sections 9A-11 and 9A-11-5, the term means
the Secretary of Early Childhood.
(3) In the case of a function to be performed on or after
July 1, 1997 under Article V, V-A, V-B, V-C, V-D, V-E, X, XIV,
or XV, the term means the Director of Healthcare and Family
Services (formerly Director of Public Aid).
(4) In the case of a function to be performed on or after
July 1, 1997 under Article I, II, VIIIA, XI, XII, or XIII, the
term means the Secretary of Human Services or the Director of
Healthcare and Family Services (formerly Director of Public
Aid) or both, according to whether that function, in the
specific context, has been allocated to the Department of
Human Services or the Department of Healthcare and Family
Services (formerly Department of Public Aid) or both of those
departments.
(Source: P.A. 95-331, eff. 8-21-07.)
(305 ILCS 5/9A-11) (from Ch. 23, par. 9A-11)

10300HB5451ham001 - 254 - LRB103 39421 KTG 70845 a
Sec. 9A-11. Child care.
(a) The General Assembly recognizes that families with
children need child care in order to work. Child care is
expensive and families with limited access to economic
resources, including those who are transitioning from welfare
to work, often struggle to pay the costs of day care. The
General Assembly understands the importance of helping working
families with limited access to economic resources become and
remain self-sufficient. The General Assembly also believes
that it is the responsibility of families to share in the costs
of child care. It is also the preference of the General
Assembly that all working families with limited access to
economic resources should be treated equally, regardless of
their welfare status.
(b) To the extent resources permit, the Illinois
Department shall provide child care services to parents or
other relatives as defined by rule who are working or
participating in employment or Department approved education
or training programs. At a minimum, the Illinois Department
shall cover the following categories of families:
(1) recipients of TANF under Article IV participating
in work and training activities as specified in the
personal plan for employment and self-sufficiency;
(2) families transitioning from TANF to work;
(3) families at risk of becoming recipients of TANF;
(4) families with special needs as defined by rule;

10300HB5451ham001 - 255 - LRB103 39421 KTG 70845 a
(5) working families with very low incomes as defined
by rule;
(6) families that are not recipients of TANF and that
need child care assistance to participate in education and
training activities;
(7) youth in care, as defined in Section 4d of the
Children and Family Services Act, who are parents,
regardless of income or whether they are working or
participating in Department-approved employment or
education or training programs. Any family that receives
child care assistance in accordance with this paragraph
shall receive one additional 12-month child care
eligibility period after the parenting youth in care's
case with the Department of Children and Family Services
is closed, regardless of income or whether the parenting
youth in care is working or participating in
Department-approved employment or education or training
programs;
(8) families receiving Extended Family Support Program
services from the Department of Children and Family
Services, regardless of income or whether they are working
or participating in Department-approved employment or
education or training programs; and
(9) families with children under the age of 5 who have
an open intact family services case with the Department of
Children and Family Services. Any family that receives

10300HB5451ham001 - 256 - LRB103 39421 KTG 70845 a
child care assistance in accordance with this paragraph
shall remain eligible for child care assistance 6 months
after the child's intact family services case is closed,
regardless of whether the child's parents or other
relatives as defined by rule are working or participating
in Department approved employment or education or training
programs. The Department of Early Childhood Human
Services, in consultation with the Department of Children
and Family Services, shall adopt rules to protect the
privacy of families who are the subject of an open intact
family services case when such families enroll in child
care services. Additional rules shall be adopted to offer
children who have an open intact family services case the
opportunity to receive an Early Intervention screening and
other services that their families may be eligible for as
provided by the Department of Human Services.
Beginning October 1, 2027 2023, and every October 1
thereafter, the Department of Children and Family Services
shall report to the General Assembly on the number of children
who received child care via vouchers paid for by the
Department of Early Childhood Children and Family Services
during the preceding fiscal year. The report shall include the
ages of children who received child care, the type of child
care they received, and the number of months they received
child care.
The Department shall specify by rule the conditions of

10300HB5451ham001 - 257 - LRB103 39421 KTG 70845 a
eligibility, the application process, and the types, amounts,
and duration of services. Eligibility for child care benefits
and the amount of child care provided may vary based on family
size, income, and other factors as specified by rule.
The Department shall update the Child Care Assistance
Program Eligibility Calculator posted on its website to
include a question on whether a family is applying for child
care assistance for the first time or is applying for a
redetermination of eligibility.
A family's eligibility for child care services shall be
redetermined no sooner than 12 months following the initial
determination or most recent redetermination. During the
12-month periods, the family shall remain eligible for child
care services regardless of (i) a change in family income,
unless family income exceeds 85% of State median income, or
(ii) a temporary change in the ongoing status of the parents or
other relatives, as defined by rule, as working or attending a
job training or educational program.
In determining income eligibility for child care benefits,
the Department annually, at the beginning of each fiscal year,
shall establish, by rule, one income threshold for each family
size, in relation to percentage of State median income for a
family of that size, that makes families with incomes below
the specified threshold eligible for assistance and families
with incomes above the specified threshold ineligible for
assistance. Through and including fiscal year 2007, the

10300HB5451ham001 - 258 - LRB103 39421 KTG 70845 a
specified threshold must be no less than 50% of the
then-current State median income for each family size.
Beginning in fiscal year 2008, the specified threshold must be
no less than 185% of the then-current federal poverty level
for each family size. Notwithstanding any other provision of
law or administrative rule to the contrary, beginning in
fiscal year 2019, the specified threshold for working families
with very low incomes as defined by rule must be no less than
185% of the then-current federal poverty level for each family
size. Notwithstanding any other provision of law or
administrative rule to the contrary, beginning in State fiscal
year 2022 through State fiscal year 2023, the specified income
threshold shall be no less than 200% of the then-current
federal poverty level for each family size. Beginning in State
fiscal year 2024, the specified income threshold shall be no
less than 225% of the then-current federal poverty level for
each family size.
In determining eligibility for assistance, the Department
shall not give preference to any category of recipients or
give preference to individuals based on their receipt of
benefits under this Code.
Nothing in this Section shall be construed as conferring
entitlement status to eligible families.
The Illinois Department is authorized to lower income
eligibility ceilings, raise parent co-payments, create waiting
lists, or take such other actions during a fiscal year as are

10300HB5451ham001 - 259 - LRB103 39421 KTG 70845 a
necessary to ensure that child care benefits paid under this
Article do not exceed the amounts appropriated for those child
care benefits. These changes may be accomplished by emergency
rule under Section 5-45 of the Illinois Administrative
Procedure Act, except that the limitation on the number of
emergency rules that may be adopted in a 24-month period shall
not apply.
The Illinois Department may contract with other State
agencies or child care organizations for the administration of
child care services.
(c) Payment shall be made for child care that otherwise
meets the requirements of this Section and applicable
standards of State and local law and regulation, including any
requirements the Illinois Department promulgates by rule.
Through June 30, 2026, the rules of this Section include
licensure requirements adopted by the Department of Children
and Family Services. On and after July 1, 2026, the rules of
this Section include licensure requirements adopted by the
Department of Early Childhood. In addition, the regulations of
this Section include the in addition to the licensure
requirements promulgated by the Department of Children and
Family Services and Fire Prevention and Safety requirements
promulgated by the Office of the State Fire Marshal, and is
provided in any of the following:
(1) a child care center which is licensed or exempt
from licensure pursuant to Section 2.09 of the Child Care

10300HB5451ham001 - 260 - LRB103 39421 KTG 70845 a
Act of 1969;
(2) a licensed child care home or home exempt from
licensing;
(3) a licensed group child care home;
(4) other types of child care, including child care
provided by relatives or persons living in the same home
as the child, as determined by the Illinois Department by
rule.
(c-5) Solely for the purposes of coverage under the
Illinois Public Labor Relations Act, child and day care home
providers, including licensed and license exempt,
participating in the Department's child care assistance
program shall be considered to be public employees and the
State of Illinois shall be considered to be their employer as
of January 1, 2006 (the effective date of Public Act 94-320),
but not before. The State shall engage in collective
bargaining with an exclusive representative of child and day
care home providers participating in the child care assistance
program concerning their terms and conditions of employment
that are within the State's control. Nothing in this
subsection shall be understood to limit the right of families
receiving services defined in this Section to select child and
day care home providers or supervise them within the limits of
this Section. The State shall not be considered to be the
employer of child and day care home providers for any purposes
not specifically provided in Public Act 94-320, including, but

10300HB5451ham001 - 261 - LRB103 39421 KTG 70845 a
not limited to, purposes of vicarious liability in tort and
purposes of statutory retirement or health insurance benefits.
Child and day care home providers shall not be covered by the
State Employees Group Insurance Act of 1971.
In according child and day care home providers and their
selected representative rights under the Illinois Public Labor
Relations Act, the State intends that the State action
exemption to application of federal and State antitrust laws
be fully available to the extent that their activities are
authorized by Public Act 94-320.
(d) The Illinois Department shall establish, by rule, a
co-payment scale that provides for cost sharing by families
that receive child care services, including parents whose only
income is from assistance under this Code. The co-payment
shall be based on family income and family size and may be
based on other factors as appropriate. Co-payments may be
waived for families whose incomes are at or below the federal
poverty level.
(d-5) The Illinois Department, in consultation with its
Child Care and Development Advisory Council, shall develop a
plan to revise the child care assistance program's co-payment
scale. The plan shall be completed no later than February 1,
2008, and shall include:
(1) findings as to the percentage of income that the
average American family spends on child care and the
relative amounts that low-income families and the average

10300HB5451ham001 - 262 - LRB103 39421 KTG 70845 a
American family spend on other necessities of life;
(2) recommendations for revising the child care
co-payment scale to assure that families receiving child
care services from the Department are paying no more than
they can reasonably afford;
(3) recommendations for revising the child care
co-payment scale to provide at-risk children with complete
access to Preschool for All and Head Start; and
(4) recommendations for changes in child care program
policies that affect the affordability of child care.
(e) (Blank).
(f) The Illinois Department shall, by rule, set rates to
be paid for the various types of child care. Child care may be
provided through one of the following methods:
(1) arranging the child care through eligible
providers by use of purchase of service contracts or
vouchers;
(2) arranging with other agencies and community
volunteer groups for non-reimbursed child care;
(3) (blank); or
(4) adopting such other arrangements as the Department
determines appropriate.
(f-1) Within 30 days after June 4, 2018 (the effective
date of Public Act 100-587), the Department of Human Services
shall establish rates for child care providers that are no
less than the rates in effect on January 1, 2018 increased by

10300HB5451ham001 - 263 - LRB103 39421 KTG 70845 a
4.26%.
(f-5) (Blank).
(g) Families eligible for assistance under this Section
shall be given the following options:
(1) receiving a child care certificate issued by the
Department or a subcontractor of the Department that may
be used by the parents as payment for child care and
development services only; or
(2) if space is available, enrolling the child with a
child care provider that has a purchase of service
contract with the Department or a subcontractor of the
Department for the provision of child care and development
services. The Department may identify particular priority
populations for whom they may request special
consideration by a provider with purchase of service
contracts, provided that the providers shall be permitted
to maintain a balance of clients in terms of household
incomes and families and children with special needs, as
defined by rule.
(Source: P.A. 102-491, eff. 8-20-21; 102-813, eff. 5-13-22;
102-926, eff. 5-27-22; 103-8, eff. 6-7-23.)
(305 ILCS 5/9A-11.5)
Sec. 9A-11.5. Investigate child care providers.
(a) Through June 30, 2026, any Any child care provider
receiving funds from the child care assistance program under

10300HB5451ham001 - 264 - LRB103 39421 KTG 70845 a
this Code who is not required to be licensed under the Child
Care Act of 1969 shall, as a condition of eligibility to
participate in the child care assistance program under this
Code, authorize in writing on a form prescribed by the
Department of Children and Family Services, periodic
investigations of the Central Register, as defined in the
Abused and Neglected Child Reporting Act, to ascertain if the
child care provider has been determined to be a perpetrator in
an indicated report of child abuse or neglect. The Department
of Children and Family Services shall conduct an investigation
of the Central Register at the request of the Department of
Human Services.
(a-5) On and after July 1, 2026, any child care provider
receiving funds from the child care assistance program under
this Code who is not required to be licensed under the Child
Care Act of 1969 shall, as a condition of eligibility to
participate in the child care assistance program under this
Code, authorize in writing on a form prescribed by the
Department of Early Childhood, periodic investigations of the
Central Register, as defined in the Abused and Neglected Child
Reporting Act, to ascertain if the child care provider has
been determined to be a perpetrator in an indicated report of
child abuse or neglect.
(b) Any child care provider, other than a relative of the
child, receiving funds from the child care assistance program
under this Code who is not required to be licensed under the

10300HB5451ham001 - 265 - LRB103 39421 KTG 70845 a
Child Care Act of 1969 shall, as a condition of eligibility to
participate in the child care assistance program under this
Code, authorize in writing a State and Federal Bureau of
Investigation fingerprint-based criminal history record check
to determine if the child care provider has ever been
convicted of a crime with respect to which the conviction has
not been overturned and the criminal records have not been
sealed or expunged. Upon this authorization, the Department
shall request and receive information and assistance from any
federal or State governmental agency as part of the authorized
criminal history record check. The Illinois State Police shall
provide information concerning any conviction that has not
been overturned and with respect to which the criminal records
have not been sealed or expunged, whether the conviction
occurred before or on or after the effective date of this
amendatory Act of the 96th General Assembly, of a child care
provider upon the request of the Department when the request
is made in the form and manner required by the Illinois State
Police. The Illinois State Police shall charge a fee not to
exceed the cost of processing the criminal history record
check. The fee is to be deposited into the State Police
Services Fund. Any information concerning convictions that
have not been overturned and with respect to which the
criminal records have not been sealed or expunged obtained by
the Department is confidential and may not be transmitted (i)
outside the Department except as required in this Section or

10300HB5451ham001 - 266 - LRB103 39421 KTG 70845 a
(ii) to anyone within the Department except as needed for the
purposes of determining participation in the child care
assistance program. A copy of the criminal history record
check obtained from the Illinois State Police shall be
provided to the unlicensed child care provider.
(c) The Department shall by rule set standards for
determining when to disqualify an unlicensed child care
provider for payment because (i) there is an indicated finding
against the provider based on the results of the Central
Register search or (ii) there is a disqualifying criminal
charge pending against the provider or the provider has a
disqualifying criminal conviction that has not been overturned
and with respect to which the criminal records have not been
expunged or sealed based on the results of the
fingerprint-based Illinois State Police and Federal Bureau of
Investigation criminal history record check. In determining
whether to disqualify an unlicensed child care provider for
payment under this subsection, the Department shall consider
the nature and gravity of any offense or offenses; the time
that has passed since the offense or offenses or the
completion of the criminal sentence or both; and the
relationship of the offense or offenses to the
responsibilities of the child care provider.
(Source: P.A. 102-538, eff. 8-20-21.)
(305 ILCS 5/9A-17)

10300HB5451ham001 - 267 - LRB103 39421 KTG 70845 a
Sec. 9A-17. Smart Start Child Care Program. Subject to
appropriation, the Department of Human Services shall
establish the Smart Start Child Care Program. The Smart Start
Child Care Program shall focus on creating affordable child
care, as well as increasing access to child care, for Illinois
residents and may include, but is not limited to, providing
funding to increase preschool availability, providing funding
for childcare workforce compensation or capital investments,
and expanding funding for Early Childhood Access Consortium
for Equity Scholarships. The Department shall establish
program eligibility criteria, participation conditions,
payment levels, and other program requirements by rule. The
Department of Human Services may consult with the Capital
Development Board, the Department of Commerce and Economic
Opportunity, and the Illinois Housing Development Authority in
the management and disbursement of funds for capital-related
projects. The Capital Development Board, the Department of
Commerce and Economic Opportunity, and the Illinois Housing
Development Authority shall act in a consulting role only for
the evaluation of applicants, scoring of applicants, or
administration of the grant program.
This Section is repealed on July 1, 2026.
(Source: P.A. 103-8, eff. 6-7-23.)
Section 90-50. The Early Intervention Services System Act
is amended by adding Section 20.1 as follows:

10300HB5451ham001 - 268 - LRB103 39421 KTG 70845 a
(325 ILCS 20/20.1 new)
Sec. 20.1. Repeal. This Act is repealed on July 1, 2026.
Section 90-55. The Infant/Early Childhood Mental Health
Consultations Act is amended by changing Section 35-5 as
follows:
(405 ILCS 47/35-5)
Sec. 35-5. Findings; policies.
(a) The General Assembly finds the following:
(1) Social and emotional development is a core
developmental domain in young children and is codified in
the Illinois Early Learning Standards.
(2) Fostering social and emotional development in
early childhood means both providing the supportive
settings and interactions to maximize healthy social and
emotional development for all children, as well as
providing communities, programs, and providers with
systems of tiered supports with training to respond to
more significant social and emotional challenges or where
experiences of trauma may be more prevalent.
(3) Early care and education programs and providers,
across a range of settings, have an important role to play
in supporting young children and families, especially
those who face greater challenges, such as trauma

10300HB5451ham001 - 269 - LRB103 39421 KTG 70845 a
exposure, social isolation, pervasive poverty, and toxic
stress; if programs, teaching staff, caregivers, and
providers are not provided with the support, services, and
training needed to accomplish these goals, it can lead to
children and families being asked to leave programs,
particularly without connection to more appropriate
services, thereby creating a disruption in learning and
social-emotional development; investments in reflective
supervision, professional development specific to
diversity, equity and inclusion practice, culturally
responsive training, implicit bias training, and how
trauma experienced during the early years can manifest in
challenging behaviors will create systems for serving
children that are informed in developmentally appropriate
and responsive supports.
(4) Studies have shown that the expulsion of infants,
toddlers, and young children in early care and education
settings is occurring at alarmingly high rates, more than
3 times that of students in K-12; further, expulsion
occurs more frequently for Black children and Latinx
children and more frequently for boys than for girls, with
Black boys being most frequently expelled; there is
evidence to show that the expulsion of Black girls is
occurring with increasing frequency.
(5) Illinois took its first steps toward addressing
this disparity through Public Act 100-105 to prohibit

10300HB5451ham001 - 270 - LRB103 39421 KTG 70845 a
expulsion due to child behavior in early care and
education settings, but further work is needed to
implement this law, including strengthening provider
understanding of a successful transition and beginning to
identify strategies to reduce "soft expulsions" and to
ensure more young children and their teachers, providers,
and caregivers, in a range of early care and education
settings, can benefit from services, such as Infant/Early
Childhood Mental Health Consultations (I/ECMHC) and
positive behavior interventions and supports such as the
Pyramid Model.
(6) I/ECMHC is a critical component needed to align
social-emotional well-being with the public health model
of promotion, prevention, and intervention across early
care and education systems.
(b) The General Assembly encourages that all of the
following actions be taken by:
(1) the State to increase the availability of
Infant/Early Childhood Mental Health Consultations
(I/ECMHC) through increased funding in early childhood
programs and sustainable funding for coordination of
I/ECMHC and other social and emotional support at the
State level;
(2) the Department of Human Services (IDHS), the
Illinois State Board of Education (ISBE), the Governor's
Office of Early Childhood Development (GOECD), and other

10300HB5451ham001 - 271 - LRB103 39421 KTG 70845 a
relevant agencies to develop and promote
provider-accessible and parent-accessible materials,
including native language, on the role and value of
I/ECMHC, including targeted promotion in underserved
communities, and promote the use of existing I/ECMHCs, the
I/ECMHC consultant database, or other existing services;
(3) the State to increase funding to promote and
provide training and implementation support for systems of
tiered support, such as the Pyramid Model, across early
childhood settings and urge DHS, ISBE, GOECD, and other
relevant State agencies to coordinate efforts and develop
strategies to provide outreach to and support providers in
underserved communities and communities with fewer
programmatic resources; and
(4) ISBE and DCFS to provide the data required by
Public Act 100-105, even if the data is incomplete at the
time due to data system challenges.
(c) This Section is repealed on July 1, 2026.
(Source: P.A. 101-654, eff. 3-8-21.)
Section 90-60. The Children's Mental Health Act is amended
by changing Section 5 as follows:
(405 ILCS 49/5)
Sec. 5. Children's Mental Health Partnership; Children's
Mental Health Plan.

10300HB5451ham001 - 272 - LRB103 39421 KTG 70845 a
(a) The Children's Mental Health Partnership (hereafter
referred to as "the Partnership") created under Public Act
93-495 and continued under Public Act 102-899 shall advise
State agencies on designing and implementing short-term and
long-term strategies to provide comprehensive and coordinated
services for children from birth to age 25 and their families
with the goal of addressing children's mental health needs
across a full continuum of care, including social determinants
of health, prevention, early identification, and treatment.
The recommended strategies shall build upon the
recommendations in the Children's Mental Health Plan of 2022
and may include, but are not limited to, recommendations
regarding the following:
(1) Increasing public awareness on issues connected to
children's mental health and wellness to decrease stigma,
promote acceptance, and strengthen the ability of
children, families, and communities to access supports.
(2) Coordination of programs, services, and policies
across child-serving State agencies to best monitor and
assess spending, as well as foster innovation of adaptive
or new practices.
(3) Funding and resources for children's mental health
prevention, early identification, and treatment across
child-serving State agencies.
(4) Facilitation of research on best practices and
model programs and dissemination of this information to

10300HB5451ham001 - 273 - LRB103 39421 KTG 70845 a
State policymakers, practitioners, and the general public.
(5) Monitoring programs, services, and policies
addressing children's mental health and wellness.
(6) Growing, retaining, diversifying, and supporting
the child-serving workforce, with special emphasis on
professional development around child and family mental
health and wellness services.
(7) Supporting the design, implementation, and
evaluation of a quality-driven children's mental health
system of care across all child services that prevents
mental health concerns and mitigates trauma.
(8) Improving the system to more effectively meet the
emergency and residential placement needs for all children
with severe mental and behavioral challenges.
(b) The Partnership shall have the responsibility of
developing and updating the Children's Mental Health Plan and
advising the relevant State agencies on implementation of the
Plan. The Children's Mental Health Partnership shall be
comprised of the following members:
(1) The Governor or his or her designee.
(2) The Attorney General or his or her designee.
(3) The Secretary of the Department of Human Services
or his or her designee.
(4) The State Superintendent of Education or his or
her designee.
(5) The Director of the Department of Children and

10300HB5451ham001 - 274 - LRB103 39421 KTG 70845 a
Family Services or his or her designee.
(6) The Director of the Department of Healthcare and
Family Services or his or her designee.
(7) The Director of the Department of Public Health or
his or her designee.
(8) The Director of the Department of Juvenile Justice
or his or her designee.
(9) The Secretary of Early Childhood Executive
Director of the Governor's Office of Early Childhood
Development or his or her designee.
(10) The Director of the Criminal Justice Information
Authority or his or her designee.
(11) One member of the General Assembly appointed by
the Speaker of the House.
(12) One member of the General Assembly appointed by
the President of the Senate.
(13) One member of the General Assembly appointed by
the Minority Leader of the Senate.
(14) One member of the General Assembly appointed by
the Minority Leader of the House.
(15) Up to 25 representatives from the public
reflecting a diversity of age, gender identity, race,
ethnicity, socioeconomic status, and geographic location,
to be appointed by the Governor. Those public members
appointed under this paragraph must include, but are not
limited to:

10300HB5451ham001 - 275 - LRB103 39421 KTG 70845 a
(A) a family member or individual with lived
experience in the children's mental health system;
(B) a child advocate;
(C) a community mental health expert,
practitioner, or provider;
(D) a representative of a statewide association
representing a majority of hospitals in the State;
(E) an early childhood expert or practitioner;
(F) a representative from the K-12 school system;
(G) a representative from the healthcare sector;
(H) a substance use prevention expert or
practitioner, or a representative of a statewide
association representing community-based mental health
substance use disorder treatment providers in the
State;
(I) a violence prevention expert or practitioner;
(J) a representative from the juvenile justice
system;
(K) a school social worker; and
(L) a representative of a statewide organization
representing pediatricians.
(16) Two co-chairs appointed by the Governor, one
being a representative from the public and one being a
representative from the State.
The members appointed by the Governor shall be appointed
for 4 years with one opportunity for reappointment, except as

10300HB5451ham001 - 276 - LRB103 39421 KTG 70845 a
otherwise provided for in this subsection. Members who were
appointed by the Governor and are serving on January 1, 2023
(the effective date of Public Act 102-899) shall maintain
their appointment until the term of their appointment has
expired. For new appointments made pursuant to Public Act
102-899, members shall be appointed for one-year, 2-year, or
4-year terms, as determined by the Governor, with no more than
9 of the Governor's new or existing appointees serving the
same term. Those new appointments serving a one-year or 2-year
term may be appointed to 2 additional 4-year terms. If a
vacancy occurs in the Partnership membership, the vacancy
shall be filled in the same manner as the original appointment
for the remainder of the term.
The Partnership shall be convened no later than January
31, 2023 to discuss the changes in Public Act 102-899.
The members of the Partnership shall serve without
compensation but may be entitled to reimbursement for all
necessary expenses incurred in the performance of their
official duties as members of the Partnership from funds
appropriated for that purpose.
The Partnership may convene and appoint special committees
or study groups to operate under the direction of the
Partnership. Persons appointed to such special committees or
study groups shall only receive reimbursement for reasonable
expenses.
(b-5) The Partnership shall include an adjunct council

10300HB5451ham001 - 277 - LRB103 39421 KTG 70845 a
comprised of no more than 6 youth aged 14 to 25 and 4
representatives of 4 different community-based organizations
that focus on youth mental health. Of the community-based
organizations that focus on youth mental health, one of the
community-based organizations shall be led by an
LGBTQ-identified person, one of the community-based
organizations shall be led by a person of color, and one of the
community-based organizations shall be led by a woman. Of the
representatives appointed to the council from the
community-based organizations, at least one representative
shall be LGBTQ-identified, at least one representative shall
be a person of color, and at least one representative shall be
a woman. The council members shall be appointed by the Chair of
the Partnership and shall reflect the racial, gender identity,
sexual orientation, ability, socioeconomic, ethnic, and
geographic diversity of the State, including rural, suburban,
and urban appointees. The council shall make recommendations
to the Partnership regarding youth mental health, including,
but not limited to, identifying barriers to youth feeling
supported by and empowered by the system of mental health and
treatment providers, barriers perceived by youth in accessing
mental health services, gaps in the mental health system,
available resources in schools, including youth's perceptions
and experiences with outreach personnel, agency websites, and
informational materials, methods to destigmatize mental health
services, and how to improve State policy concerning student

10300HB5451ham001 - 278 - LRB103 39421 KTG 70845 a
mental health. The mental health system may include services
for substance use disorders and addiction. The council shall
meet at least 4 times annually.
(c) (Blank).
(d) The Illinois Children's Mental Health Partnership has
the following powers and duties:
(1) Conducting research assessments to determine the
needs and gaps of programs, services, and policies that
touch children's mental health.
(2) Developing policy statements for interagency
cooperation to cover all aspects of mental health
delivery, including social determinants of health,
prevention, early identification, and treatment.
(3) Recommending policies and providing information on
effective programs for delivery of mental health services.
(4) Using funding from federal, State, or
philanthropic partners, to fund pilot programs or research
activities to resource innovative practices by
organizational partners that will address children's
mental health. However, the Partnership may not provide
direct services.
(5) Submitting an annual report, on or before December
30 of each year, to the Governor and the General Assembly
on the progress of the Plan, any recommendations regarding
State policies, laws, or rules necessary to fulfill the
purposes of the Act, and any additional recommendations

10300HB5451ham001 - 279 - LRB103 39421 KTG 70845 a
regarding mental or behavioral health that the Partnership
deems necessary.
(6) Employing an Executive Director and setting the
compensation of the Executive Director and other such
employees and technical assistance as it deems necessary
to carry out its duties under this Section.
The Partnership may designate a fiscal and administrative
agent that can accept funds to carry out its duties as outlined
in this Section.
The Department of Healthcare and Family Services shall
provide technical and administrative support for the
Partnership.
(e) The Partnership may accept monetary gifts or grants
from the federal government or any agency thereof, from any
charitable foundation or professional association, or from any
reputable source for implementation of any program necessary
or desirable to carry out the powers and duties as defined
under this Section.
(f) On or before January 1, 2027, the Partnership shall
submit recommendations to the Governor and General Assembly
that includes recommended updates to the Act to reflect the
current mental health landscape in this State.
(Source: P.A. 102-16, eff. 6-17-21; 102-116, eff. 7-23-21;
102-899, eff. 1-1-23; 102-1034, eff. 1-1-23; 103-154, eff.
6-30-23.)

10300HB5451ham001 - 280 - LRB103 39421 KTG 70845 a
Section 90-65. The Advisory Board for the Maternal and
Child Health Block Grant Programs Act is amended by changing
Section 15 as follows:
(410 ILCS 221/15)
Sec. 15. Advisory Board for the Maternal and Child Health
Block Grant Programs.
(a) The Advisory Board for the Maternal and Child Health
Block Grant Programs is created within the Department to
advise the Department on programs and activities related to
maternal and child health in the State of Illinois.
The Board shall consist of the Director's designee
responsible for maternal and child health programs, who shall
serve as the Chair of the Board; the Department's Title V
administrator, if the Director's designee is not serving in
the capacity of Title V Director at the Department; one
representative each from the Department of Early Childhood,
the Department of Children and Family Services, the Department
of Human Services, and the Department of Healthcare and Family
Services, appointed by the Director or Secretary of each
Department; the Director of the University of Illinois at
Chicago's Division of Specialized Care for Children; 4 members
of the General Assembly, one each appointed by the President
and Minority Leader of the Senate and the Speaker and Minority
Leader of the House of Representatives; and 20 additional
members appointed by the Director.

10300HB5451ham001 - 281 - LRB103 39421 KTG 70845 a
Of the members appointed by the Director:
(1) Two shall be physicians licensed to practice
medicine in all of its branches who currently serve
patients enrolled in maternal and child health programs
funded by the State of Illinois, one of whom shall be an
individual with a specialty in obstetrics and gynecology
and one of whom shall be an individual with a specialty in
pediatric medicine;
(2) Sixteen shall be persons with expertise in one or
more of the following areas, with no more than 3 persons
from each listed area of expertise and with preference
given to the areas of need identified by the most recent
State needs assessment: the health of women, infants,
young children, school-aged children, adolescents, and
children with special health care needs; public health;
epidemiology; behavioral health; nursing; social work;
substance abuse prevention; juvenile justice; oral health;
child development; chronic disease prevention; health
promotion; and education; 5 of the 16 members shall
represent organizations that provide maternal and child
health services with funds from the Department; and
(3) either 2 consumers who have received services
through a Department-funded maternal and child health
program, 2 representatives from advocacy groups that
advocate on behalf of such consumers, or one such consumer
and one such representative of an advocacy group.

10300HB5451ham001 - 282 - LRB103 39421 KTG 70845 a
Members appointed by the Director shall be selected to
represent the racial, ethnic, and geographic diversity of the
State's population and shall include representatives of local
health departments, other direct service providers, and
faculty of the University of Illinois at Chicago School of
Public Health Center of Excellence in Maternal and Child
Health.
Legislative members shall serve during their term of
office in the General Assembly. Members appointed by the
Director shall serve a term of 4 years or until their
successors are appointed.
Any member appointed to fill a vacancy occurring prior to
the expiration of the term for which his or her predecessor was
appointed shall be appointed for the remainder of such term.
Members of the Board shall serve without compensation but
shall be reimbursed for necessary expenses incurred in the
performance of their duties.
(b) The Board shall advise the Director on improving the
well-being of mothers, fathers, infants, children, families,
and adults, considering both physical and social determinants
of health, and using a life-span approach to health promotion
and disease prevention in the State of Illinois. In addition,
the Board shall review and make recommendations to the
Department and the Governor in regard to the system for
maternal and child health programs, collaboration, and
interrelation between and delivery of programs, both within

10300HB5451ham001 - 283 - LRB103 39421 KTG 70845 a
the Department and with related programs in other departments.
In performing its duties, the Board may hold hearings
throughout the State and advise and receive advice from any
local advisory bodies created to address maternal and child
health.
(c) The Board may offer recommendations and feedback
regarding the development of the State's annual Maternal and
Child Health Services Block Grant application and report as
well as the periodic needs assessment.
(Source: P.A. 99-901, eff. 8-26-16.)
ARTICLE 95. CHILD CARE ACT OF 1969 AMENDMENTS
(225 ILCS 10/2.11 rep.)
Section 95-5. The Child Care Act of 1969 is amended by
repealing Section 2.11.
Section 95-10. The Child Care Act of 1969 is amended by
changing Sections 2.09, 3, 4, 4.1, 4.3, 4.4, 4.5, 5, 5.1, 5.2,
5.8, 5.9, 5.10, 5.11, 6, 7, 7.2, 7.10, 8, 8.1, 8.2, 8.5, 9,
9.1, 9.1c, 9.2, 10, 11, 11.1, 11.2, 12, 15, 16, 17, and 18 and
by adding Sections 3.01, 4.01, 4.2a, 4.3a, 4.4a, 5.01, 5.1a,
5.2a, 6.1, 7.01, 8a, 8.1a, 8.2a, 8.6, 9.01, 11.1a, 11.3, 12.1,
15.1, 16.1, and 18.1 as follows:
(225 ILCS 10/2.09) (from Ch. 23, par. 2212.09)

10300HB5451ham001 - 284 - LRB103 39421 KTG 70845 a
Sec. 2.09. "Day care center" means any child care facility
which regularly provides day care for less than 24 hours per
day for (1) more than 8 children in a family home, or (2) more
than 3 children in a facility other than a family home,
including senior citizen buildings.
The term does not include:
(a) programs operated by (i) public or private
elementary school systems or secondary level school units
or institutions of higher learning that serve children who
shall have attained the age of 3 years or (ii) private
entities on the grounds of public or private elementary or
secondary schools and that serve children who have
attained the age of 3 years, except that this exception
applies only to the facility and not to the private
entities' personnel operating the program;
(b) programs or that portion of the program which
serves children who shall have attained the age of 3 years
and which are recognized by the State Board of Education;
(c) educational program or programs serving children
who shall have attained the age of 3 years and which are
operated by a school which is registered with the State
Board of Education and which is recognized or accredited
by a recognized national or multistate educational
organization or association which regularly recognizes or
accredits schools;
(d) programs which exclusively serve or that portion

10300HB5451ham001 - 285 - LRB103 39421 KTG 70845 a
of the program which serves children with disabilities who
shall have attained the age of 3 years but are less than 21
years of age and which are registered and approved as
meeting standards of the State Board of Education and
applicable fire marshal standards;
(e) facilities operated in connection with a shopping
center or service, religious services, or other similar
facility, where transient children are cared for
temporarily while parents or custodians of the children
are occupied on the premises and readily available;
(f) any type of day care center that is conducted on
federal government premises;
(g) special activities programs, including athletics,
recreation, crafts instruction, and similar activities
conducted on an organized and periodic basis by civic,
charitable and governmental organizations, including, but
not limited to, programs offered by park districts
organized under the Park District Code to children who
shall have attained the age of 3 years old if the program
meets no more than 3.5 continuous hours at a time or less
and no more than 25 hours during any week, and the park
district conducts background investigations on employees
of the program pursuant to Section 8-23 of the Park
District Code;
(h) part day child care facilities, as defined in
Section 2.10 of this Act;

10300HB5451ham001 - 286 - LRB103 39421 KTG 70845 a
(i) programs or that portion of the program which:
(1) serves children who shall have attained the
age of 3 years;
(2) is operated by churches or religious
institutions as described in Section 501(c)(3) of the
federal Internal Revenue Code;
(3) receives no governmental aid;
(4) is operated as a component of a religious,
nonprofit elementary school;
(5) operates primarily to provide religious
education; and
(6) meets appropriate State or local health and
fire safety standards; or
(j) programs or portions of programs that:
(1) serve only school-age children and youth
(defined as full-time kindergarten children, as
defined in 89 Ill. Adm. Code 407.45, or older);
(2) are organized to promote childhood learning,
child and youth development, educational or
recreational activities, or character-building;
(3) operate primarily during out-of-school time or
at times when school is not normally in session;
(4) comply with the standards of the Illinois
Department of Public Health (77 Ill. Adm. Code 750) or
the local health department, the Illinois State Fire
Marshal (41 Ill. Adm. Code 100), and the following

10300HB5451ham001 - 287 - LRB103 39421 KTG 70845 a
additional health and safety requirements: procedures
for employee and volunteer emergency preparedness and
practice drills; procedures to ensure that first aid
kits are maintained and ready to use; the placement of
a minimum level of liability insurance as determined
by the Department; procedures for the availability of
a working telephone that is onsite and accessible at
all times; procedures to ensure that emergency phone
numbers are posted onsite; and a restriction on
handgun or weapon possession onsite, except if
possessed by a peace officer;
(5) perform and maintain authorization and results
of criminal history checks through the Illinois State
Police and FBI and checks of the Illinois Sex Offender
Registry, the National Sex Offender Registry, and
Child Abuse and Neglect Tracking System for employees
and volunteers who work directly with children;
(6) make hiring decisions in accordance with the
prohibitions against barrier crimes as specified in
Section 4.2 of this Act or in Section 21B-80 of the
School Code;
(7) provide parents with written disclosure that
the operations of the program are not regulated by
licensing requirements; and
(8) obtain and maintain records showing the first
and last name and date of birth of the child, name,

10300HB5451ham001 - 288 - LRB103 39421 KTG 70845 a
address, and telephone number of each parent,
emergency contact information, and written
authorization for medical care.
Programs or portions of programs requesting Child Care
Assistance Program (CCAP) funding and otherwise meeting the
requirements under item (j) shall request exemption from the
Department and be determined exempt prior to receiving funding
and must annually meet the eligibility requirements and be
appropriate for payment under the CCAP.
Programs or portions of programs under item (j) that do
not receive State or federal funds must comply with staff
qualification and training standards established by rule by
the Department of Human Services. The Department of Human
Services shall set such standards after review of Afterschool
for Children and Teens Now (ACT Now) evidence-based quality
standards developed for school-age out-of-school time
programs, feedback from the school-age out-of-school time
program professionals, and review of out-of-school time
professional development frameworks and quality tools.
Out-of-school time programs for school-age youth that
receive State or federal funds must comply with only those
staff qualifications and training standards set for the
program by the State or federal entity issuing the funds.
For purposes of items (a), (b), (c), (d), and (i) of this
Section, "children who shall have attained the age of 3 years"
shall mean children who are 3 years of age, but less than 4

10300HB5451ham001 - 289 - LRB103 39421 KTG 70845 a
years of age, at the time of enrollment in the program.
(Source: P.A. 103-153, eff. 6-30-23.)
(225 ILCS 10/3) (from Ch. 23, par. 2213)
Sec. 3. (a) No person, group of persons or corporation may
operate or conduct any facility for child care, as defined in
this Act, without a license or permit issued by the Department
or without being approved by the Department as meeting the
standards established for such licensing, with the exception
of facilities for whom standards are established by the
Department of Corrections under Section 3-15-2 of the Unified
Code of Corrections and with the exception of facilities
defined in Section 2.10 of this Act, and with the exception of
programs or facilities licensed by the Department of Human
Services under the Substance Use Disorder Act, and with the
exception of day care centers, day care homes, and group day
care homes.
(b) (Blank) No part day child care facility as described
in Section 2.10 may operate without written notification to
the Department or without complying with Section 7.1.
Notification shall include a notarized statement by the
facility that the facility complies with state or local health
standards and state fire safety standards, and shall be filed
with the department every 2 years.
(c) (Blank) The Director of the Department shall establish
policies and coordinate activities relating to child care

10300HB5451ham001 - 290 - LRB103 39421 KTG 70845 a
licensing, licensing of day care homes and day care centers.
(d) Any facility or agency which is exempt from licensing
may apply for licensing if licensing is required for some
government benefit.
(e) (Blank) A provider of day care described in items (a)
through (j) of Section 2.09 of this Act is exempt from
licensure. The Department shall provide written verification
of exemption and description of compliance with standards for
the health, safety, and development of the children who
receive the services upon submission by the provider of, in
addition to any other documentation required by the
Department, a notarized statement that the facility complies
with: (1) the standards of the Department of Public Health or
local health department, (2) the fire safety standards of the
State Fire Marshal, and (3) if operated in a public school
building, the health and safety standards of the State Board
of Education.
(Source: P.A. 99-699, eff. 7-29-16; 100-759, eff. 1-1-19.)
(225 ILCS 10/3.01 new)
Sec. 3.01. License or permit; Department of Early
Childhood.
(a) No person, group of persons or corporation may operate
or conduct any day care center, day care home, or group day
care home without a license or permit issued by the Department
of Early Childhood or without being approved by the Department

10300HB5451ham001 - 291 - LRB103 39421 KTG 70845 a
of Early Childhood meeting the standards established for such
licensing, with the exception of facilities for whom standards
are established by the Department of Corrections under Section
3-15-2 of the Unified Code of Corrections and with the
exception of facilities defined in Section 2.10 of this Act,
and with the exception of programs or facilities licensed by
the Department of Human Services under the Substance Use
Disorder Act.
(b) No part day child care facility as described in
Section 2.10 may operate without written notification to the
Department of Early Childhood or without complying with
Section 7.1. Notification shall include a notarized statement
by the facility that the facility complies with state or local
health standards and state fire safety standards, and shall be
filed with the Department every 2 years.
(c) The Secretary of Early Childhood shall establish
policies and coordinate activities relating to licensing of
day care centers, group day care homes, and day care homes.
(d) Any facility or agency which is exempt from licensing
may apply for licensing if licensing is required for some
government benefit.
(e) A provider of day care described in items (a) through
(j) of Section 2.09 of this Act is exempt from licensure. The
Department of Early Childhood shall provide written
verification of exemption and description of compliance with
standards for the health, safety, and development of the

10300HB5451ham001 - 292 - LRB103 39421 KTG 70845 a
children who receive the services upon submission by the
provider of, in addition to any other documentation required
by the Department of Early Childhood, a notarized statement
that the facility complies with: (1) the standards of the
Department of Public Health or local health department, (2)
the fire safety standards of the State Fire Marshal, and (3) if
operated in a public school building, the health and safety
standards of the State Board of Education.
(225 ILCS 10/4) (from Ch. 23, par. 2214)
Sec. 4. License requirement; application; notice;
Department of Children and Family Services.
(a) Any person, group of persons or corporation who or
which receives children or arranges for care or placement of
one or more children unrelated to the operator must apply for a
license to operate one of the types of facilities defined in
Sections 2.05 through 2.19 (other than a day care center or day
care home) and in Section 2.22 of this Act. Any relative, as
defined in Section 2.17 of this Act, who receives a child or
children for placement by the Department on a full-time basis
may apply for a license to operate a foster family home as
defined in Section 2.17 of this Act.
(a-5) Any agency, person, group of persons, association,
organization, corporation, institution, center, or group
providing adoption services must be licensed by the Department
as a child welfare agency as defined in Section 2.08 of this

10300HB5451ham001 - 293 - LRB103 39421 KTG 70845 a
Act. "Providing adoption services" as used in this Act,
includes facilitating or engaging in adoption services.
(b) Application for a license to operate a child care
facility (other than a day care center, day care home, or group
day care home) must be made to the Department in the manner and
on forms prescribed by it. An application to operate a foster
family home shall include, at a minimum: a completed written
form; written authorization by the applicant and all adult
members of the applicant's household to conduct a criminal
background investigation; medical evidence in the form of a
medical report, on forms prescribed by the Department, that
the applicant and all members of the household are free from
communicable diseases or physical and mental conditions that
affect their ability to provide care for the child or
children; the names and addresses of at least 3 persons not
related to the applicant who can attest to the applicant's
moral character; the name and address of at least one relative
who can attest to the applicant's capability to care for the
child or children; and fingerprints submitted by the applicant
and all adult members of the applicant's household.
(b-5) Prior to submitting an application for a foster
family home license, a quality of care concerns applicant as
defined in Section 2.22a of this Act must submit a preliminary
application to the Department in the manner and on forms
prescribed by it. The Department shall explain to the quality
of care concerns applicant the grounds for requiring a

10300HB5451ham001 - 294 - LRB103 39421 KTG 70845 a
preliminary application. The preliminary application shall
include a list of (i) all children placed in the home by the
Department who were removed by the Department for reasons
other than returning to a parent and the circumstances under
which they were removed and (ii) all children placed by the
Department who were subsequently adopted by or placed in the
private guardianship of the quality of care concerns applicant
who are currently under 18 and who no longer reside in the home
and the reasons why they no longer reside in the home. The
preliminary application shall also include, if the quality of
care concerns applicant chooses to submit, (1) a response to
the quality of care concerns, including any reason the
concerns are invalid, have been addressed or ameliorated, or
no longer apply and (2) affirmative documentation
demonstrating that the quality of care concerns applicant's
home does not pose a risk to children and that the family will
be able to meet the physical and emotional needs of children.
The Department shall verify the information in the preliminary
application and review (i) information regarding any prior
licensing complaints, (ii) information regarding any prior
child abuse or neglect investigations, (iii) information
regarding any involuntary foster home holds placed on the home
by the Department, and (iv) information regarding all child
exit interviews, as provided in Section 5.26 of the Children
and Family Services Act, regarding the home. Foster home
applicants with quality of care concerns are presumed

10300HB5451ham001 - 295 - LRB103 39421 KTG 70845 a
unsuitable for future licensure.
Notwithstanding the provisions of this subsection (b-5),
the Department may make an exception and issue a foster family
license to a quality of care concerns applicant if the
Department is satisfied that the foster family home does not
pose a risk to children and that the foster family will be able
to meet the physical and emotional needs of children. In
making this determination, the Department must obtain and
carefully review all relevant documents and shall obtain
consultation from its Clinical Division as appropriate and as
prescribed by Department rule and procedure. The Department
has the authority to deny a preliminary application based on
the record of quality of care concerns of the foster family
home. In the alternative, the Department may (i) approve the
preliminary application, (ii) approve the preliminary
application subject to obtaining additional information or
assessments, or (iii) approve the preliminary application for
purposes of placing a particular child or children only in the
foster family home. If the Department approves a preliminary
application, the foster family shall submit an application for
licensure as described in subsection (b) of this Section. The
Department shall notify the quality of care concerns applicant
of its decision and the basis for its decision in writing.
(c) The Department shall notify the public when a child
care institution, maternity center, or group home licensed by
the Department undergoes a change in (i) the range of care or

10300HB5451ham001 - 296 - LRB103 39421 KTG 70845 a
services offered at the facility, (ii) the age or type of
children served, or (iii) the area within the facility used by
children. The Department shall notify the public of the change
in a newspaper of general circulation in the county or
municipality in which the applicant's facility is or is
proposed to be located.
(d) If, upon examination of the facility and investigation
of persons responsible for care of children and, in the case of
a foster home, taking into account information obtained for
purposes of evaluating a preliminary application, if
applicable, the Department is satisfied that the facility and
responsible persons reasonably meet standards prescribed for
the type of facility for which application is made, it shall
issue a license in proper form, designating on that license
the type of child care facility and, except for a child welfare
agency, the number of children to be served at any one time.
(e) The Department shall not issue or renew the license of
any child welfare agency providing adoption services, unless
the agency (i) is officially recognized by the United States
Internal Revenue Service as a tax-exempt organization
described in Section 501(c)(3) of the Internal Revenue Code of
1986 (or any successor provision of federal tax law) and (ii)
is in compliance with all of the standards necessary to
maintain its status as an organization described in Section
501(c)(3) of the Internal Revenue Code of 1986 (or any
successor provision of federal tax law). The Department shall

10300HB5451ham001 - 297 - LRB103 39421 KTG 70845 a
grant a grace period of 24 months from the effective date of
this amendatory Act of the 94th General Assembly for existing
child welfare agencies providing adoption services to obtain
501(c)(3) status. The Department shall permit an existing
child welfare agency that converts from its current structure
in order to be recognized as a 501(c)(3) organization as
required by this Section to either retain its current license
or transfer its current license to a newly formed entity, if
the creation of a new entity is required in order to comply
with this Section, provided that the child welfare agency
demonstrates that it continues to meet all other licensing
requirements and that the principal officers and directors and
programs of the converted child welfare agency or newly
organized child welfare agency are substantially the same as
the original. The Department shall have the sole discretion to
grant a one year extension to any agency unable to obtain
501(c)(3) status within the timeframe specified in this
subsection (e), provided that such agency has filed an
application for 501(c)(3) status with the Internal Revenue
Service within the 2-year timeframe specified in this
subsection (e).
(Source: P.A. 101-63, eff. 7-12-19; 102-763, eff. 1-1-23.)
(225 ILCS 10/4.01 new)
Sec. 4.01. License requirement; application; notice;
Department of Early Childhood.

10300HB5451ham001 - 298 - LRB103 39421 KTG 70845 a
(a) Any person, group of persons or corporation who or
which receives children or arranges for care of one or more
children unrelated to the operator must apply for a license to
operate one of the types of facilities defined in Sections
2.09, 2.18, and 2.20.
(b) Application for a license to operate a day care
center, day care home, or group day care home must be made to
the Department of Early Childhood in the manner and on forms
prescribed by it.
(c) If, upon examination of the facility and investigation
of persons responsible for care of children, the Department of
Early Childhood is satisfied that the facility and responsible
persons reasonably meet standards prescribed for the type of
facility for which application is made, it shall issue a
license in proper form, designating on that license the type
of child care facility and the number of children to be served
at any one time.
(225 ILCS 10/4.1) (from Ch. 23, par. 2214.1)
Sec. 4.1. Criminal background investigations. The
Department of Children and Family Services or the Department
of Early Childhood shall require that each child care facility
license applicant under the agencies' respective authority as
part of the application process, and each employee and
volunteer of a child care facility or non-licensed service
provider, as a condition of employment, authorize an

10300HB5451ham001 - 299 - LRB103 39421 KTG 70845 a
investigation to determine if such applicant, employee, or
volunteer has ever been charged with a crime and if so, the
disposition of those charges; this authorization shall
indicate the scope of the inquiry and the agencies which may be
contacted. Upon this authorization, the Director shall request
and receive information and assistance from any federal, State
or local governmental agency as part of the authorized
investigation. Each applicant, employee, or volunteer of a
child care facility or non-licensed service provider shall
submit the applicant's, employee's, or volunteer's
fingerprints to the Illinois State Police in the form and
manner prescribed by the Illinois State Police. These
fingerprints shall be checked against the fingerprint records
now and hereafter filed in the Illinois State Police and
Federal Bureau of Investigation criminal history records
databases. The Illinois State Police shall charge a fee for
conducting the criminal history records check, which shall be
deposited in the State Police Services Fund and shall not
exceed the actual cost of the records check. The Illinois
State Police shall provide information concerning any criminal
charges, and their disposition, now or hereafter filed,
against an applicant, employee, or volunteer of a child care
facility or non-licensed service provider upon request of the
Department of Children and Family Services or the Department
of Early Childhood when the request is made in the form and
manner required by the Illinois State Police.

10300HB5451ham001 - 300 - LRB103 39421 KTG 70845 a
Information concerning convictions of a license applicant,
employee, or volunteer of a child care facility or
non-licensed service provider investigated under this Section,
including the source of the information and any conclusions or
recommendations derived from the information, shall be
provided, upon request, to such applicant, employee, or
volunteer of a child care facility or non-licensed service
provider prior to final action by the Department of Children
and Family Services or the Department of Early Childhood under
the agencies' respective authority on the application. State
conviction information provided by the Illinois State Police
regarding employees, prospective employees, or volunteers of
non-licensed service providers and child care facilities
licensed under this Act shall be provided to the operator of
such facility, and, upon request, to the employee, prospective
employee, or volunteer of a child care facility or
non-licensed service provider. Any information concerning
criminal charges and the disposition of such charges obtained
by the Department of Children and Family Services or the
Department of Early Childhood shall be confidential and may
not be transmitted outside the Department of Children and
Family Services or the Department of Early Childhood, except
as required herein, and may not be transmitted to anyone
within the Department of Children and Family Services or the
Department of Early Childhood except as needed for the purpose
of evaluating an application or an employee or volunteer of a

10300HB5451ham001 - 301 - LRB103 39421 KTG 70845 a
child care facility or non-licensed service provider. Only
information and standards which bear a reasonable and rational
relation to the performance of a child care facility shall be
used by the Department of Children and Family Services or the
Department of Early Childhood or any licensee. Any employee of
the Department of Children and Family Services, Department of
Early Childhood, Illinois State Police, or a child care
facility receiving confidential information under this Section
who gives or causes to be given any confidential information
concerning any criminal convictions of an applicant, employee,
or volunteer of a child care facility or non-licensed service
provider, shall be guilty of a Class A misdemeanor unless
release of such information is authorized by this Section.
A child care facility may hire, on a probationary basis,
any employee or volunteer of a child care facility or
non-licensed service provider authorizing a criminal
background investigation under this Section, pending the
result of such investigation. Employees and volunteers of a
child care facility or non-licensed service provider shall be
notified prior to hiring that such employment may be
terminated on the basis of criminal background information
obtained by the facility.
(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23.)
(225 ILCS 10/4.2a new)
Sec. 4.2a. License eligibility; Department of Early

10300HB5451ham001 - 302 - LRB103 39421 KTG 70845 a
Childhood.
(a) No applicant may receive a license from the Department
of Early Childhood and no person may be employed by a licensed
child care facility who refuses to authorize an investigation
as required by Section 4.1.
(b) In addition to the other provisions of this Section,
no applicant may receive a license from the Department of
Early Childhood and no person may be employed by a child care
facility licensed by the Department of Early Childhood who has
been declared a sexually dangerous person under the Sexually
Dangerous Persons Act, or convicted of committing or
attempting to commit any of the following offenses stipulated
under the Criminal Code of 1961 or the Criminal Code of 2012:
(1) murder;
(1.1) solicitation of murder;
(1.2) solicitation of murder for hire;
(1.3) intentional homicide of an unborn child;
(1.4) voluntary manslaughter of an unborn child;
(1.5) involuntary manslaughter;
(1.6) reckless homicide;
(1.7) concealment of a homicidal death;
(1.8) involuntary manslaughter of an unborn child;
(1.9) reckless homicide of an unborn child;
(1.10) drug-induced homicide;
(2) a sex offense under Article 11, except offenses
described in Sections 11-7, 11-8, 11-12, 11-13, 11-35,

10300HB5451ham001 - 303 - LRB103 39421 KTG 70845 a
11-40, and 11-45;
(3) kidnapping;
(3.1) aggravated unlawful restraint;
(3.2) forcible detention;
(3.3) harboring a runaway;
(3.4) aiding and abetting child abduction;
(4) aggravated kidnapping;
(5) child abduction;
(6) aggravated battery of a child as described in
Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
(7) criminal sexual assault;
(8) aggravated criminal sexual assault;
(8.1) predatory criminal sexual assault of a child;
(9) criminal sexual abuse;
(10) aggravated sexual abuse;
(11) heinous battery as described in Section 12-4.1 or
subdivision (a)(2) of Section 12-3.05;
(12) aggravated battery with a firearm as described in
Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
(e)(4) of Section 12-3.05;
(13) tampering with food, drugs, or cosmetics;
(14) drug induced infliction of great bodily harm as
described in Section 12-4.7 or subdivision (g)(1) of
Section 12-3.05;
(15) hate crime;
(16) stalking;

10300HB5451ham001 - 304 - LRB103 39421 KTG 70845 a
(17) aggravated stalking;
(18) threatening public officials;
(19) home invasion;
(20) vehicular invasion;
(21) criminal transmission of HIV;
(22) criminal abuse or neglect of an elderly person or
person with a disability as described in Section 12-21 or
subsection (e) of Section 12-4.4a;
(23) child abandonment;
(24) endangering the life or health of a child;
(25) ritual mutilation;
(26) ritualized abuse of a child;
(27) an offense in any other jurisdiction the elements
of which are similar and bear a substantial relationship
to any of the foregoing offenses.
(b-1) In addition to the other provisions of this Section,
beginning January 1, 2004, no new applicant and, on the date of
licensure renewal, no current licensee may operate or receive
a license from the Department of Early Childhood to operate,
no person may be employed by, and no adult person may reside in
a child care facility licensed by the Department of Early
Childhood who has been convicted of committing or attempting
to commit any of the following offenses or an offense in any
other jurisdiction the elements of which are similar and bear
a substantial relationship to any of the following offenses:

10300HB5451ham001 - 305 - LRB103 39421 KTG 70845 a
(I) BODILY HARM
(1) Felony aggravated assault.
(2) Vehicular endangerment.
(3) Felony domestic battery.
(4) Aggravated battery.
(5) Heinous battery.
(6) Aggravated battery with a firearm.
(7) Aggravated battery of an unborn child.
(8) Aggravated battery of a senior citizen.
(9) Intimidation.
(10) Compelling organization membership of persons.
(11) Abuse and criminal neglect of a long term care
facility resident.
(12) Felony violation of an order of protection.
(II) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY
(1) Felony unlawful use of weapons.
(2) Aggravated discharge of a firearm.
(3) Reckless discharge of a firearm.
(4) Unlawful use of metal piercing bullets.
(5) Unlawful sale or delivery of firearms on the
premises of any school.
(6) Disarming a police officer.
(7) Obstructing justice.
(8) Concealing or aiding a fugitive.
(9) Armed violence.

10300HB5451ham001 - 306 - LRB103 39421 KTG 70845 a
(10) Felony contributing to the criminal delinquency
of a juvenile.
(III) DRUG OFFENSES
(1) Possession of more than 30 grams of cannabis.
(2) Manufacture of more than 10 grams of cannabis.
(3) Cannabis trafficking.
(4) Delivery of cannabis on school grounds.
(5) Unauthorized production of more than 5 cannabis
sativa plants.
(6) Calculated criminal cannabis conspiracy.
(7) Unauthorized manufacture or delivery of controlled
substances.
(8) Controlled substance trafficking.
(9) Manufacture, distribution, or advertisement of
look-alike substances.
(10) Calculated criminal drug conspiracy.
(11) Street gang criminal drug conspiracy.
(12) Permitting unlawful use of a building.
(13) Delivery of controlled, counterfeit, or
look-alike substances to persons under age 18, or at truck
stops, rest stops, or safety rest areas, or on school
property.
(14) Using, engaging, or employing persons under 18 to
deliver controlled, counterfeit, or look-alike substances.
(15) Delivery of controlled substances.

10300HB5451ham001 - 307 - LRB103 39421 KTG 70845 a
(16) Sale or delivery of drug paraphernalia.
(17) Felony possession, sale, or exchange of
instruments adapted for use of a controlled substance,
methamphetamine, or cannabis by subcutaneous injection.
(18) Felony possession of a controlled substance.
(19) Any violation of the Methamphetamine Control and
Community Protection Act.
(b-1.5) In addition to any other provision of this
Section, for applicants with access to confidential financial
information or who submit documentation to support billing,
the Department of Early Childhood may, in its discretion, deny
or refuse to renew a license to an applicant who has been
convicted of committing or attempting to commit any of the
following felony offenses:
(1) financial institution fraud under Section 17-10.6
of the Criminal Code of 1961 or the Criminal Code of 2012;
(2) identity theft under Section 16-30 of the Criminal
Code of 1961 or the Criminal Code of 2012;
(3) financial exploitation of an elderly person or a
person with a disability under Section 17-56 of the
Criminal Code of 1961 or the Criminal Code of 2012;
(4) computer tampering under Section 17-51 of the
Criminal Code of 1961 or the Criminal Code of 2012;
(5) aggravated computer tampering under Section 17-52
of the Criminal Code of 1961 or the Criminal Code of 2012;
(6) computer fraud under Section 17-50 of the Criminal

10300HB5451ham001 - 308 - LRB103 39421 KTG 70845 a
Code of 1961 or the Criminal Code of 2012;
(7) deceptive practices under Section 17-1 of the
Criminal Code of 1961 or the Criminal Code of 2012;
(8) forgery under Section 17-3 of the Criminal Code of
1961 or the Criminal Code of 2012;
(9) State benefits fraud under Section 17-6 of the
Criminal Code of 1961 or the Criminal Code of 2012;
(10) mail fraud and wire fraud under Section 17-24 of
the Criminal Code of 1961 or the Criminal Code of 2012;
(11) theft under paragraphs (1.1) through (11) of
subsection (b) of Section 16-1 of the Criminal Code of
1961 or the Criminal Code of 2012.
(b-2) Notwithstanding subsection (b-1), the Department of
Early Childhood may make an exception and, for a day care
center, day care home, or group day care home, issue a new
child care facility license to or renew the existing child
care facility license of an applicant, a person employed by a
child care facility, or an applicant who has an adult residing
in a home child care facility who was convicted of an offense
described in subsection (b-1), provided that all of the
following requirements are met:
(1) The relevant criminal offense occurred more than 5
years prior to the date of application or renewal, except
for drug offenses. The relevant drug offense must have
occurred more than 10 years prior to the date of
application or renewal, unless the applicant passed a drug

10300HB5451ham001 - 309 - LRB103 39421 KTG 70845 a
test, arranged and paid for by the child care facility, no
less than 5 years after the offense.
(2) The Department of Early Childhood must conduct a
background check and assess all convictions and
recommendations of the child care facility to determine if
hiring or licensing the applicant is in accordance with
Department of Early Childhood administrative rules and
procedures.
(3) The applicant meets all other requirements and
qualifications to be licensed as the pertinent type of
child care facility under this Act and the Department of
Early Childhood administrative rules.
(c) In evaluating the exception pursuant to subsection
(b-2), the Department of Early Childhood must carefully review
any relevant documents to determine whether the applicant,
despite the disqualifying convictions, poses a substantial
risk to State resources or clients. In making such a
determination, the following guidelines shall be used:
(1) the age of the applicant when the offense was
committed;
(2) the circumstances surrounding the offense;
(3) the length of time since the conviction;
(4) the specific duties and responsibilities
necessarily related to the license being applied for and
the bearing, if any, that the applicant's conviction
history may have on the applicant's fitness to perform

10300HB5451ham001 - 310 - LRB103 39421 KTG 70845 a
these duties and responsibilities;
(5) the applicant's employment references;
(6) the applicant's character references and any
certificates of achievement;
(7) an academic transcript showing educational
attainment since the disqualifying conviction;
(8) a Certificate of Relief from Disabilities or
Certificate of Good Conduct; and
(9) anything else that speaks to the applicant's
character.
(225 ILCS 10/4.3) (from Ch. 23, par. 2214.3)
Sec. 4.3. Child Abuse and Neglect Reports. All child care
facility license applicants (other than a day care center, day
care home, or group day care home) and all current and
prospective employees of a child care facility (other than a
day care center, day care home, or group day care home) who
have any possible contact with children in the course of their
duties, as a condition of such licensure or employment, shall
authorize in writing on a form prescribed by the Department an
investigation of the Central Register, as defined in the
Abused and Neglected Child Reporting Act, to ascertain if such
applicant or employee has been determined to be a perpetrator
in an indicated report of child abuse or neglect.
All child care facilities (other than a day care center,
day care home, or group day care home) as a condition of

10300HB5451ham001 - 311 - LRB103 39421 KTG 70845 a
licensure pursuant to this Act shall maintain such information
which demonstrates that all current employees and other
applicants for employment who have any possible contact with
children in the course of their duties have authorized an
investigation of the Central Register as hereinabove required.
Only those current or prospective employees who will have no
possible contact with children as part of their present or
prospective employment may be excluded from provisions
requiring authorization of an investigation.
Such information concerning a license applicant, employee
or prospective employee obtained by the Department shall be
confidential and exempt from public inspection and copying as
provided under Section 7 of The Freedom of Information Act,
and such information shall not be transmitted outside the
Department, except as provided in the Abused and Neglected
Child Reporting Act, and shall not be transmitted to anyone
within the Department except as provided in the Abused and
Neglected Child Reporting Act, and shall not be transmitted to
anyone within the Department except as needed for the purposes
of evaluation of an application for licensure or for
consideration by a child care facility of an employee. Any
employee of the Department of Children and Family Services
under this Section who gives or causes to be given any
confidential information concerning any child abuse or neglect
reports about a child care facility applicant, child care
facility employee, shall be guilty of a Class A misdemeanor,

10300HB5451ham001 - 312 - LRB103 39421 KTG 70845 a
unless release of such information is authorized by Section
11.1 of the Abused and Neglected Child Reporting Act.
Additionally, any licensee who is informed by the
Department of Children and Family Services, pursuant to
Section 7.4 of the Abused and Neglected Child Reporting Act,
approved June 26, 1975, as amended, that a formal
investigation has commenced relating to an employee of the
child care facility or any other person in frequent contact
with children at the facility, shall take reasonable action
necessary to insure that the employee or other person is
restricted during the pendency of the investigation from
contact with children whose care has been entrusted to the
facility.
When a foster family home is the subject of an indicated
report under the Abused and Neglected Child Reporting Act, the
Department of Children and Family Services must immediately
conduct a re-examination of the foster family home to evaluate
whether it continues to meet the minimum standards for
licensure. The re-examination is separate and apart from the
formal investigation of the report. The Department must
establish a schedule for re-examination of the foster family
home mentioned in the report at least once a year.
(Source: P.A. 91-557, eff. 1-1-00.)
(225 ILCS 10/4.3a new)
Sec. 4.3a. Child Abuse and Neglect Reports; Department of

10300HB5451ham001 - 313 - LRB103 39421 KTG 70845 a
Early Childhood. All child care facility license applicants
and all current and prospective employees of a day care
center, day care home, or group day care home who have any
possible contact with children in the course of their duties,
as a condition of such licensure or employment, shall
authorize in writing on a form prescribed by the Department of
Early Childhood an investigation of the Central Register, as
defined in the Abused and Neglected Child Reporting Act, to
ascertain if such applicant or employee has been determined to
be a perpetrator in an indicated report of child abuse or
neglect. All child care facilities as a condition of licensure
pursuant to this Act shall maintain such information which
demonstrates that all current employees and other applicants
for employment who have any possible contact with children in
the course of their duties have authorized an investigation of
the Central Register as hereinabove required. Only those
current or prospective employees who will have no possible
contact with children as part of their present or prospective
employment may be excluded from provisions requiring
authorization of an investigation. Such information concerning
a license applicant, employee or prospective employee obtained
by the Department of Early Childhood shall be confidential and
exempt from public inspection and copying as provided under
Section 7 of The Freedom of Information Act, and such
information shall not be transmitted outside the Department of
Early Childhood, except as provided in the Abused and

10300HB5451ham001 - 314 - LRB103 39421 KTG 70845 a
Neglected Child Reporting Act, and shall not be transmitted to
anyone within the Department of Early Childhood except as
provided in the Abused and Neglected Child Reporting Act, and
shall not be transmitted to anyone within the Department of
Early Childhood except as needed for the purposes of
evaluation of an application for licensure or for
consideration by a child care facility of an employee. Any
employee of the Department of Early Childhood under this
Section who gives or causes to be given any confidential
information concerning any child abuse or neglect reports
about a child care facility applicant or child care facility
employee shall be guilty of a Class A misdemeanor, unless
release of such information is authorized by Section 11.1 of
the Abused and Neglected Child Reporting Act. Additionally,
any licensee who is informed by the Department of Children and
Family Services, pursuant to Section 7.4 of the Abused and
Neglected Child Reporting Act that a formal investigation has
commenced relating to an employee of the child care facility
or any other person in frequent contact with children at the
facility shall take reasonable action necessary to ensure that
the employee or other person is restricted during the pendency
of the investigation from contact with children whose care has
been entrusted to the facility.
(225 ILCS 10/4.4) (from Ch. 23, par. 2214.4)
Sec. 4.4. This Section does not apply to any day care

10300HB5451ham001 - 315 - LRB103 39421 KTG 70845 a
center, day care home, or group day care home. For the purposes
of background investigations authorized in this Act, "license
applicant" means the operator or person with direct
responsibility for daily operation of the facility to be
licensed. In the case of facilities to be operated in a family
home, the Department may, by rule, require that other adult
residents of that home also authorize such investigations with
the exception of day care homes and group day care homes.
(Source: P.A. 84-158.)
(225 ILCS 10/4.4a new)
Sec. 4.4a. Background investigations; Department of Early
Childhood. For the purposes of background investigations
authorized in this Act, "license applicant" means the operator
or person with direct responsibility for daily operation of
the day care center, day care home, or group day care home to
be licensed. In the case of facilities to be operated in a
family home, as related to day care homes and group day care
homes, the Department of Early Childhood may, by rule, require
that other adult residents of that home also authorize such
investigations.
(225 ILCS 10/4.5)
Sec. 4.5. Children with disabilities; training.
(a) An owner or operator of a licensed day care home or
group day care home or the onsite executive director of a

10300HB5451ham001 - 316 - LRB103 39421 KTG 70845 a
licensed day care center must successfully complete a basic
training course in providing care to children with
disabilities. The basic training course will also be made
available on a voluntary basis to those providers who are
exempt from the licensure requirements of this Act.
(b) The Department of Early Childhood Children and Family
Services shall promulgate rules establishing the requirements
for basic training in providing care to children with
disabilities.
(Source: P.A. 92-164, eff. 1-1-02.)
(225 ILCS 10/5) (from Ch. 23, par. 2215)
Sec. 5. (a) This Section does not apply to any day care
center, day care home, or group day care home.
In respect to child care institutions, maternity centers,
child welfare agencies, day care centers, day care agencies
and group homes, the Department, upon receiving application
filed in proper order, shall examine the facilities and
persons responsible for care of children therein.
(b) In respect to foster family and day care homes,
applications may be filed on behalf of such homes by a licensed
child welfare agency, by a State agency authorized to place
children in foster care or by out-of-State agencies approved
by the Department to place children in this State. In respect
to day care homes, applications may be filed on behalf of such
homes by a licensed day care agency or licensed child welfare

10300HB5451ham001 - 317 - LRB103 39421 KTG 70845 a
agency. In applying for license in behalf of a home in which
children are placed by and remain under supervision of the
applicant agency, such agency shall certify that the home and
persons responsible for care of unrelated children therein, or
the home and relatives, as defined in Section 2.17 of this Act,
responsible for the care of related children therein, were
found to be in reasonable compliance with standards prescribed
by the Department for the type of care indicated.
(c) The Department shall not allow any person to examine
facilities under a provision of this Act who has not passed an
examination demonstrating that such person is familiar with
this Act and with the appropriate standards and regulations of
the Department.
(d) Licenses With the exception of day care centers, day
care homes, and group day care homes, licenses shall be issued
in such form and manner as prescribed by the Department and are
valid for 4 years from the date issued, unless revoked by the
Department or voluntarily surrendered by the licensee.
Licenses issued for day care centers, day care homes, and
group day care homes shall be valid for 3 years from the date
issued, unless revoked by the Department or voluntarily
surrendered by the licensee. When a licensee has made timely
and sufficient application for the renewal of a license or a
new license with reference to any activity of a continuing
nature, the existing license shall continue in full force and
effect for up to 30 days until the final agency decision on the

10300HB5451ham001 - 318 - LRB103 39421 KTG 70845 a
application has been made. The Department may further extend
the period in which such decision must be made in individual
cases for up to 30 days, but such extensions shall be only upon
good cause shown.
(e) The Department may issue one 6-month permit to a newly
established facility for child care to allow that facility
reasonable time to become eligible for a full license. If the
facility for child care is a foster family home, or day care
home the Department may issue one 2-month permit only.
(f) The Department may issue an emergency permit to a
child care facility taking in children as a result of the
temporary closure for more than 2 weeks of a licensed child
care facility due to a natural disaster. An emergency permit
under this subsection shall be issued to a facility only if the
persons providing child care services at the facility were
employees of the temporarily closed facility day care center
at the time it was closed. No investigation of an employee of a
child care facility receiving an emergency permit under this
subsection shall be required if that employee has previously
been investigated at another child care facility. No emergency
permit issued under this subsection shall be valid for more
than 90 days after the date of issuance.
(g) During the hours of operation of any licensed child
care facility, authorized representatives of the Department
may without notice visit the facility for the purpose of
determining its continuing compliance with this Act or

10300HB5451ham001 - 319 - LRB103 39421 KTG 70845 a
regulations adopted pursuant thereto.
(h) (Blank) Day care centers, day care homes, and group
day care homes shall be monitored at least annually by a
licensing representative from the Department or the agency
that recommended licensure.
(Source: P.A. 98-804, eff. 1-1-15.)
(225 ILCS 10/5.01 new)
Sec. 5.01. Licenses; permits; Department of Early
Childhood. In respect to day care centers, the Department of
Early Childhood, upon receiving application filed in proper
order, shall examine the facilities and persons responsible
for care of children therein.
(b) In respect to day care homes, applications may be
filed on behalf of such homes by the Department of Early
Childhood.
(c) The Department of Early Childhood shall not allow any
person to examine facilities under a provision of this Act who
has not passed an examination demonstrating that such person
is familiar with this Act and with the appropriate standards
and regulations of the Department of Early Childhood.
(d) Licenses issued for day care centers, day care homes,
and group day care homes shall be valid for 3 years from the
date issued, unless revoked by the Department of Early
Childhood or voluntarily surrendered by the licensee. When a
licensee has made timely and sufficient application for the

10300HB5451ham001 - 320 - LRB103 39421 KTG 70845 a
renewal of a license or a new license with reference to any
activity of a continuing nature, the existing license shall
continue in full force and effect for up to 30 days until the
final agency decision on the application has been made. The
Department of Early Childhood may further extend the period in
which such decision must be made in individual cases for up to
30 days, but such extensions shall be only upon good cause
shown.
(e) The Department of Early Childhood may issue one
6-month permit to a newly established facility for child care
to allow that facility reasonable time to become eligible for
a full license. If the facility for child care is a day care
home the Department of Early Childhood may issue one 2-month
permit only.
(f) The Department of Early Childhood may issue an
emergency permit to a day care center taking in children as a
result of the temporary closure for more than 2 weeks of a
licensed child care facility due to a natural disaster. An
emergency permit under this subsection shall be issued to a
facility only if the persons providing child care services at
the facility were employees of the temporarily closed day care
center at the time it was closed. No investigation of an
employee of a child care facility receiving an emergency
permit under this subsection shall be required if that
employee has previously been investigated at another child
care facility. No emergency permit issued under this

10300HB5451ham001 - 321 - LRB103 39421 KTG 70845 a
subsection shall be valid for more than 90 days after the date
of issuance.
(g) During the hours of operation of any licensed day care
center, day care home, or group day care home, authorized
representatives of the Department of Early Childhood may
without notice visit the facility for the purpose of
determining its continuing compliance with this Act or rules
adopted pursuant thereto.
(h) Day care centers, day care homes, and group day care
homes shall be monitored at least annually by a licensing
representative from the Department of Early Childhood that
recommended licensure.
(225 ILCS 10/5.1) (from Ch. 23, par. 2215.1)
Sec. 5.1. (a) The Department shall ensure that no day care
center, group home or child care institution as defined in
this Act shall on a regular basis transport a child or children
with any motor vehicle unless such vehicle is operated by a
person who complies with the following requirements:
1. is 21 years of age or older;
2. currently holds a valid driver's license, which has
not been revoked or suspended for one or more traffic
violations during the 3 years immediately prior to the
date of application;
3. demonstrates physical fitness to operate vehicles
by submitting the results of a medical examination

10300HB5451ham001 - 322 - LRB103 39421 KTG 70845 a
conducted by a licensed physician;
4. has not been convicted of more than 2 offenses
against traffic regulations governing the movement of
vehicles within a 12-month twelve month period;
5. has not been convicted of reckless driving or
driving under the influence or manslaughter or reckless
homicide resulting from the operation of a motor vehicle
within the past 3 years;
6. has signed and submitted a written statement
certifying that the person has not, through the unlawful
operation of a motor vehicle, caused a crash which
resulted in the death of any person within the 5 years
immediately prior to the date of application.
However, such day care centers, group homes and child care
institutions may provide for transportation of a child or
children for special outings, functions, or purposes that are
not scheduled on a regular basis without verification that
drivers for such purposes meet the requirements of this
Section.
(a-5) As a means of ensuring compliance with the
requirements set forth in subsection (a), the Department shall
implement appropriate measures to verify that every individual
who is employed at a group home or child care institution meets
those requirements.
For every person employed at a group home or child care
institution who regularly transports children in the course of

10300HB5451ham001 - 323 - LRB103 39421 KTG 70845 a
performing the person's duties, the Department must make the
verification every 2 years. Upon the Department's request, the
Secretary of State shall provide the Department with the
information necessary to enable the Department to make the
verifications required under subsection (a).
In the case of an individual employed at a group home or
child care institution who becomes subject to subsection (a)
for the first time after January 1, 2007 (the effective date of
Public Act 94-943) this amendatory Act of the 94th General
Assembly, the Department must make that verification with the
Secretary of State before the individual operates a motor
vehicle to transport a child or children under the
circumstances described in subsection (a).
In the case of an individual employed at a group home or
child care institution who is subject to subsection (a) on
January 1, 2007 (the effective date of Public Act 94-943) this
amendatory Act of the 94th General Assembly, the Department
must make that verification with the Secretary of State within
30 days after January 1, 2007 that effective date.
If the Department discovers that an individual fails to
meet the requirements set forth in subsection (a), the
Department shall promptly notify the appropriate group home or
child care institution.
(b) Any individual who holds a valid Illinois school bus
driver permit issued by the Secretary of State pursuant to the
The Illinois Vehicle Code, and who is currently employed by a

10300HB5451ham001 - 324 - LRB103 39421 KTG 70845 a
school district or parochial school, or by a contractor with a
school district or parochial school, to drive a school bus
transporting children to and from school, shall be deemed in
compliance with the requirements of subsection (a).
(c) The Department may, pursuant to Section 8 of this Act,
revoke the license of any day care center, group home or child
care institution that fails to meet the requirements of this
Section.
(d) A group home or child care institution that fails to
meet the requirements of this Section is guilty of a petty
offense and is subject to a fine of not more than $1,000. Each
day that a group home or child care institution fails to meet
the requirements of this Section is a separate offense.
(Source: P.A. 102-982, eff. 7-1-23; 103-22, eff. 8-8-23;
revised 9-21-23.)
(225 ILCS 10/5.1a new)
Sec. 5.1a. Transportation of children; day care centers.
The Department of Early Childhood shall ensure that no day
care center shall on a regular basis transport a child or
children with any motor vehicle unless such vehicle is
operated by a person who complies with the following
requirements:
(1) is 21 years of age or older;
(2) currently holds a valid driver's license, which
has not been revoked or suspended for one or more traffic

10300HB5451ham001 - 325 - LRB103 39421 KTG 70845 a
violations during the 3 years immediately prior to the
date of application;
(3) demonstrates physical fitness to operate vehicles
by submitting the results of a medical examination
conducted by a licensed physician;
(4) has not been convicted of more than 2 offenses
against traffic regulations governing the movement of
vehicles within a 12-month period;
(5) has not been convicted of reckless driving or
driving under the influence or manslaughter or reckless
homicide resulting from the operation of a motor vehicle
within the past 3 years;
(6) has signed and submitted a written statement
certifying that the person has not, through the unlawful
operation of a motor vehicle, caused a crash which
resulted in the death of any person within the 5 years
immediately prior to the date of application.
However, such day care centers may provide for
transportation of a child or children for special outings,
functions or purposes that are not scheduled on a regular
basis without verification that drivers for such purposes meet
the requirements of this Section.
(b) Any individual who holds a valid Illinois school bus
driver permit issued by the Secretary of State pursuant to the
Illinois Vehicle Code, and who is currently employed by a
school district or parochial school, or by a contractor with a

10300HB5451ham001 - 326 - LRB103 39421 KTG 70845 a
school district or parochial school, to drive a school bus
transporting children to and from school, shall be deemed in
compliance with the requirements of subsection (a).
(c) The Department of Early Childhood may, pursuant to
Section 8a of this Act, revoke the license of any day care
center that fails to meet the requirements of this Section.
(225 ILCS 10/5.2)
Sec. 5.2. Unsafe children's products; Department of
Children and Family Services.
(a) A child care facility may not use or have on the
premises, on or after July 1, 2000, an unsafe children's
product as described in Section 15 of the Children's Product
Safety Act. This subsection (a) does not apply to an antique or
collectible children's product if it is not used by, or
accessible to, any child in the child care facility.
(b) The Department of Children and Family Services shall
notify child care facilities (other than a day care center,
day care home, or group day care home), on an ongoing basis,
including during the license application facility examination
and during annual license monitoring visits, of the provisions
of this Section and the Children's Product Safety Act and of
the comprehensive list of unsafe children's products as
provided and maintained by the Department of Public Health
available on the Internet, as determined in accordance with
that Act, in plain, non-technical language that will enable

10300HB5451ham001 - 327 - LRB103 39421 KTG 70845 a
each child care facility to effectively inspect children's
products and identify unsafe children's products. Subject to
availability of appropriations, the Department of Children and
Family Services, in accordance with the requirements of this
Section, shall establish and maintain a database on the safety
of consumer products and other products or substances
regulated by the Department that is: (i) publicly available;
(ii) searchable; and (iii) accessible through the Internet
website of the Department. Child care facilities must maintain
all written information provided pursuant to this subsection
in a file accessible to both facility staff and parents of
children attending the facility. Child care facilities must
post in prominent locations regularly visited by parents
written notification of the existence of the comprehensive
list of unsafe children's products available on the Internet.
The Department of Children and Family Services shall adopt
rules to carry out this Section.
(Source: P.A. 103-44, eff. 1-1-24.)
(225 ILCS 10/5.2a new)
Sec. 5.2a. Unsafe children's products; Department of Early
Childhood.
(a) A day care center, day care home, or group day care
home may not use or have on the premises an unsafe children's
product as described in Section 15 of the Children's Product
Safety Act. This subsection (a) does not apply to an antique or

10300HB5451ham001 - 328 - LRB103 39421 KTG 70845 a
collectible children's product if it is not used by, or
accessible to, any child in the day care center, day care home,
or group day care home.
(b) The Department of Early Childhood shall notify day
care centers, day care homes, and group day care homes, on an
ongoing basis, including during the license application
facility examination and during annual license monitoring
visits, of the provisions of this Section and the Children's
Product Safety Act and of the comprehensive list of unsafe
children's products as provided and maintained by the
Department of Public Health available on the Internet, as
determined in accordance with that Act, in plain,
non-technical language that will enable each child care
facility to effectively inspect children's products and
identify unsafe children's products. Subject to availability
of appropriations, the Department of Early Childhood, in
accordance with the requirements of this Section, shall
establish and maintain a database on the safety of consumer
products and other products or substances regulated by the
Department of Early Childhood that is: (i) publicly available;
(ii) searchable; and (iii) accessible through the Internet
website of the Department of Early Childhood. Child care
facilities must maintain all written information provided
pursuant to this subsection in a file accessible to both
facility staff and parents of children attending the facility.
Day care centers, day care homes, and group day care homes must

10300HB5451ham001 - 329 - LRB103 39421 KTG 70845 a
post in prominent locations regularly visited by parents
written notification of the existence of the comprehensive
list of unsafe children's products available on the Internet.
The Department of Early Childhood shall adopt rules to carry
out this Section.
(225 ILCS 10/5.8)
Sec. 5.8. Radon testing of licensed day care centers,
licensed day care homes, and licensed group day care homes.
(a) Licensed Effective January 1, 2013, licensed day care
centers, licensed day care homes, and licensed group day care
homes shall have the facility tested for radon at least once
every 3 years pursuant to rules established by the Illinois
Emergency Management Agency.
(b) As Effective January 1, 2014, as part of an initial
application or application for renewal of a license for day
care centers, day care homes, and group day care homes, the
Department of Early Childhood shall require proof the facility
has been tested within the last 3 years for radon pursuant to
rules established by the Illinois Emergency Management Agency.
(c) The report of the most current radon measurement shall
be posted in the facility next to the license issued by the
Department of Early Childhood. Copies of the report shall be
provided to parents or guardians upon request.
(d) Included with the report referenced in subsection (c)
shall be the following statement:

10300HB5451ham001 - 330 - LRB103 39421 KTG 70845 a
"Every parent or guardian is notified that this
facility has performed radon measurements to ensure the
health and safety of the occupants. The Illinois Emergency
Management Agency (IEMA) recommends that all residential
homes be tested and that corrective actions be taken at
levels equal to or greater than 4.0 pCi/L. Radon is a Class
A human carcinogen, the leading cause of lung cancer in
non-smokers, and the second leading cause of lung cancer
overall. For additional information about this facility
contact the licensee and for additional information
regarding radon contact the IEMA Radon Program at
800-325-1245 or on the Internet at
www.radon.illinois.gov.".
(Source: P.A. 97-981, eff. 1-1-13.)
(225 ILCS 10/5.9)
Sec. 5.9. Lead testing of water in licensed day care
centers, day care homes and group day care homes.
(a) The On or before January 1, 2018, the Department of
Early Childhood, in consultation with the Department of Public
Health, shall adopt rules that prescribe the procedures and
standards to be used by the Department of Early Childhood in
assessing levels of lead in water in licensed day care
centers, day care homes, and group day care homes constructed
on or before January 1, 2000 that serve children under the age
of 6. Such rules shall, at a minimum, include provisions

10300HB5451ham001 - 331 - LRB103 39421 KTG 70845 a
regarding testing parameters, the notification of sampling
results, training requirements for lead exposure and
mitigation.
(b) After adoption of the rules required by subsection
(a), and as part of an initial application or application for
renewal of a license for day care centers, day care homes, and
group day care homes, the Department shall require proof that
the applicant has complied with all such rules.
(Source: P.A. 99-922, eff. 1-17-17.)
(225 ILCS 10/5.10)
Sec. 5.10. Child care limitation on expulsions. Consistent
with the purposes of Public Act 100-105 this amendatory Act of
the 100th General Assembly and the requirements therein under
paragraph (7) of subsection (a) of Section 2-3.71 of the
School Code, the Department of Early Childhood, in
consultation with the Governor's Office of Early Childhood
Development and the State Board of Education, shall adopt
rules prohibiting the use of expulsion due to a child's
persistent and serious challenging behaviors in licensed day
care centers, day care homes, and group day care homes. The
rulemaking shall address, at a minimum, requirements for
licensees to establish intervention and transition policies,
notify parents of policies, document intervention steps, and
collect and report data on children transitioning out of the
program.

10300HB5451ham001 - 332 - LRB103 39421 KTG 70845 a
(Source: P.A. 100-105, eff. 1-1-18.)
(225 ILCS 10/5.11)
Sec. 5.11. Plan for anaphylactic shock. The Department of
Early Childhood shall require each licensed day care center,
day care home, and group day care home to have a plan for
anaphylactic shock to be followed for the prevention of
anaphylaxis and during a medical emergency resulting from
anaphylaxis. The plan should be based on the guidance and
recommendations provided by the American Academy of Pediatrics
relating to the management of food allergies or other
allergies. The plan should be shared with parents or guardians
upon enrollment at each licensed day care center, day care
home, and group day care home. If a child requires specific
specialized treatment during an episode of anaphylaxis, that
child's treatment plan should be kept by the staff of the day
care center, day care home, or group day care home and followed
in the event of an emergency. Each licensed day care center,
day care home, and group day care home shall have at least one
staff member present at all times who has taken a training
course in recognizing and responding to anaphylaxis.
(Source: P.A. 102-413, eff. 8-20-21.)
(225 ILCS 10/6) (from Ch. 23, par. 2216)
Sec. 6. (a) A licensed facility operating as a "child care
institution", "maternity center", or "child welfare agency",

10300HB5451ham001 - 333 - LRB103 39421 KTG 70845 a
"day care agency" or "day care center" must apply for renewal
of its license held, the application to be made to the
Department on forms prescribed by it.
(b) The Department, a duly licensed child welfare agency
or a suitable agency or person designated by the Department as
its agent to do so, must re-examine every child care facility
for renewal of license, including in that process the
examination of the premises and records of the facility as the
Department considers necessary to determine that minimum
standards for licensing continue to be met, and random surveys
of parents or legal guardians who are consumers of such
facilities' services to assess the quality of care at such
facilities. In the case of foster family homes, or day care
homes under the supervision of or otherwise required to be
licensed by the Department, or under supervision of a licensed
child welfare agency or day care agency, the examination shall
be made by the Department, or agency supervising such homes.
If the Department is satisfied that the facility continues to
maintain minimum standards which it prescribes and publishes,
it shall renew the license to operate the facility.
(b-5) In the case of a quality of care concerns applicant
as defined in Section 2.22a of this Act, in addition to the
examination required in subsection (b) of this Section, the
Department shall not renew the license of a quality of care
concerns applicant unless the Department is satisfied that the
foster family home does not pose a risk to children and that

10300HB5451ham001 - 334 - LRB103 39421 KTG 70845 a
the foster family home will be able to meet the physical and
emotional needs of children. In making this determination, the
Department must obtain and carefully review all relevant
documents and shall obtain consultation from its Clinical
Division as appropriate and as prescribed by Department rule
and procedure. The Department has the authority to deny an
application for renewal based on a record of quality of care
concerns. In the alternative, the Department may (i) approve
the application for renewal subject to obtaining additional
information or assessments, (ii) approve the application for
renewal for purposes of placing or maintaining only a
particular child or children only in the foster home, or (iii)
approve the application for renewal. The Department shall
notify the quality of care concerns applicant of its decision
and the basis for its decision in writing.
(c) If a child care facility's (other than a day care
center, day care home, or group day care home) license, other
than a license for a foster family home, is revoked, or if the
Department refuses to renew a facility's license, the facility
may not reapply for a license before the expiration of 12
months following the Department's action; provided, however,
that the denial of a reapplication for a license pursuant to
this subsection must be supported by evidence that the prior
revocation renders the applicant unqualified or incapable of
satisfying the standards and rules promulgated by the
Department pursuant to this Act or maintaining a facility

10300HB5451ham001 - 335 - LRB103 39421 KTG 70845 a
which adheres to such standards and rules.
(d) If a foster family home license (i) is revoked, (ii) is
surrendered for cause, or (iii) expires or is surrendered with
either certain types of involuntary placement holds in place
or while a licensing or child abuse or neglect investigation
is pending, or if the Department refuses to renew a foster home
license, the foster home may not reapply for a license before
the expiration of 5 years following the Department's action or
following the expiration or surrender of the license.
(Source: P.A. 99-779, eff. 1-1-17.)
(225 ILCS 10/6.1 new)
Sec. 6.1. License renewal; Department of Early Childhood.
(a) A licensed facility operating as a day care center
must apply for renewal of its license held, the application to
be made to the Department of Early Childhood on forms
prescribed by it.
(b) The Department of Early Childhood must re-examine
every day care center, day care home, and group day care home
for renewal of license, including in that process the
examination of the premises and records of the facility as the
Department of Early Childhood considers necessary to determine
that minimum standards for licensing continue to be met, and
random surveys of parents or legal guardians who are consumers
of such facilities' services to assess the quality of care at
such facilities. In the case of day care homes under the

10300HB5451ham001 - 336 - LRB103 39421 KTG 70845 a
supervision of or otherwise required to be licensed by the
Department of Early Childhood, the examination shall be made
by the Department of Early Childhood. If the Department of
Early Childhood is satisfied that the facility continues to
maintain minimum standards which it prescribes and publishes,
it shall renew the license to operate the facility.
(c) If a day care center's, day care home's, or group day
care home's license is revoked, or if the Department of Early
Childhood refuses to renew a day care center's, day care
home's, or group day care home's license, the facility may not
reapply for a license before the expiration of 12 months
following the Department of Early Childhood's action;
provided, however, that the denial of a reapplication for a
license pursuant to this subsection must be supported by
evidence that the prior revocation renders the applicant
unqualified or incapable of satisfying the standards and rules
promulgated by the Department of Early Childhood pursuant to
this Act or maintaining a facility which adheres to such
standards and rules.
(225 ILCS 10/7) (from Ch. 23, par. 2217)
Sec. 7. (a) The Department must prescribe and publish
minimum standards for licensing that apply to the various
types of facilities for child care defined in this Act (other
than a day care center, day care home, or group day care home)
and that are equally applicable to like institutions under the

10300HB5451ham001 - 337 - LRB103 39421 KTG 70845 a
control of the Department and to foster family homes used by
and under the direct supervision of the Department. The
Department shall seek the advice and assistance of persons
representative of the various types of child care facilities
in establishing such standards. The standards prescribed and
published under this Act take effect as provided in the
Illinois Administrative Procedure Act, and are restricted to
regulations pertaining to the following matters and to any
rules and regulations required or permitted by any other
Section of this Act:
(1) The operation and conduct of the facility and
responsibility it assumes for child care;
(2) The character, suitability and qualifications of
the applicant and other persons directly responsible for
the care and welfare of children served. All child day
care center licensees and employees who are required to
report child abuse or neglect under the Abused and
Neglected Child Reporting Act shall be required to attend
training on recognizing child abuse and neglect, as
prescribed by Department rules;
(3) The general financial ability and competence of
the applicant to provide necessary care for children and
to maintain prescribed standards;
(4) The number of individuals or staff required to
insure adequate supervision and care of the children
received. The standards shall provide that each child care

10300HB5451ham001 - 338 - LRB103 39421 KTG 70845 a
institution, maternity center, and day care center, group
home, day care home, and group day care home shall have on
its premises during its hours of operation at least one
staff member certified in first aid, in the Heimlich
maneuver and in cardiopulmonary resuscitation by the
American Red Cross or other organization approved by rule
of the Department. Child welfare agencies shall not be
subject to such a staffing requirement. The Department may
offer, or arrange for the offering, on a periodic basis in
each community in this State in cooperation with the
American Red Cross, the American Heart Association or
other appropriate organization, voluntary programs to
train operators of foster family homes and day care homes
in first aid and cardiopulmonary resuscitation;
(5) The appropriateness, safety, cleanliness, and
general adequacy of the premises, including maintenance of
adequate fire prevention and health standards conforming
to State laws and municipal codes to provide for the
physical comfort, care, and well-being of children
received;
(6) Provisions for food, clothing, educational
opportunities, program, equipment and individual supplies
to assure the healthy physical, mental, and spiritual
development of children served;
(7) Provisions to safeguard the legal rights of
children served;

10300HB5451ham001 - 339 - LRB103 39421 KTG 70845 a
(8) Maintenance of records pertaining to the
admission, progress, health, and discharge of children,
including, for day care centers and day care homes,
records indicating each child has been immunized as
required by State regulations. The Department shall
require proof that children enrolled in a facility (other
than a day care center, day care home, or group day care
home) have been immunized against Haemophilus Influenzae B
(HIB);
(9) Filing of reports with the Department;
(10) Discipline of children;
(11) Protection and fostering of the particular
religious faith of the children served;
(12) (Blank) Provisions prohibiting firearms on day
care center premises except in the possession of peace
officers;
(13) (Blank) Provisions prohibiting handguns on day
care home premises except in the possession of peace
officers or other adults who must possess a handgun as a
condition of employment and who reside on the premises of
a day care home;
(14) (Blank) Provisions requiring that any firearm
permitted on day care home premises, except handguns in
the possession of peace officers, shall be kept in a
disassembled state, without ammunition, in locked storage,
inaccessible to children and that ammunition permitted on

10300HB5451ham001 - 340 - LRB103 39421 KTG 70845 a
day care home premises shall be kept in locked storage
separate from that of disassembled firearms, inaccessible
to children;
(15) (Blank) Provisions requiring notification of
parents or guardians enrolling children at a day care home
of the presence in the day care home of any firearms and
ammunition and of the arrangements for the separate,
locked storage of such firearms and ammunition;
(16) Provisions requiring all licensed child care
facility employees who care for newborns and infants to
complete training every 3 years on the nature of sudden
unexpected infant death (SUID), sudden infant death
syndrome (SIDS), and the safe sleep recommendations of the
American Academy of Pediatrics (other than employees of a
day care center, day care home, or group day care home);
and
(17) With respect to foster family homes, provisions
requiring the Department to review quality of care
concerns and to consider those concerns in determining
whether a foster family home is qualified to care for
children.
By July 1, 2022, all licensed day care home providers,
licensed group day care home providers, and licensed day care
center directors and classroom staff shall participate in at
least one training that includes the topics of early childhood
social emotional learning, infant and early childhood mental

10300HB5451ham001 - 341 - LRB103 39421 KTG 70845 a
health, early childhood trauma, or adverse childhood
experiences. Current licensed providers, directors, and
classroom staff shall complete training by July 1, 2022 and
shall participate in training that includes the above topics
at least once every 3 years.
(b) If, in a facility for general child care (other than a
day care center, day care home, or group day care home), there
are children diagnosed as mentally ill or children diagnosed
as having an intellectual or physical disability, who are
determined to be in need of special mental treatment or of
nursing care, or both mental treatment and nursing care, the
Department shall seek the advice and recommendation of the
Department of Human Services, the Department of Public Health,
or both Departments regarding the residential treatment and
nursing care provided by the institution.
(c) The Department shall investigate any person applying
to be licensed as a foster parent to determine whether there is
any evidence of current drug or alcohol abuse in the
prospective foster family. The Department shall not license a
person as a foster parent if drug or alcohol abuse has been
identified in the foster family or if a reasonable suspicion
of such abuse exists, except that the Department may grant a
foster parent license to an applicant identified with an
alcohol or drug problem if the applicant has successfully
participated in an alcohol or drug treatment program,
self-help group, or other suitable activities and if the

10300HB5451ham001 - 342 - LRB103 39421 KTG 70845 a
Department determines that the foster family home can provide
a safe, appropriate environment and meet the physical and
emotional needs of children.
(d) The Department, in applying standards prescribed and
published, as herein provided, shall offer consultation
through employed staff or other qualified persons to assist
applicants and licensees (other than applicants and licensees
of a day care center, day care home, or group day care home) in
meeting and maintaining minimum requirements for a license and
to help them otherwise to achieve programs of excellence
related to the care of children served. Such consultation
shall include providing information concerning education and
training in early childhood development to providers of day
care home services. The Department may provide or arrange for
such education and training for those providers who request
such assistance (other than providers at a day care center,
day care home, or group day care home).
(e) The Department shall distribute copies of licensing
standards to all licensees and applicants for a license (other
than licensees and applicants of a day care center, day care
home, or group day care home). Each licensee or holder of a
permit shall distribute copies of the appropriate licensing
standards and any other information required by the Department
to child care facilities under its supervision. Each licensee
or holder of a permit shall maintain appropriate documentation
of the distribution of the standards. Such documentation shall

10300HB5451ham001 - 343 - LRB103 39421 KTG 70845 a
be part of the records of the facility and subject to
inspection by authorized representatives of the Department.
(f) (Blank) The Department shall prepare summaries of day
care licensing standards. Each licensee or holder of a permit
for a day care facility shall distribute a copy of the
appropriate summary and any other information required by the
Department, to the legal guardian of each child cared for in
that facility at the time when the child is enrolled or
initially placed in the facility. The licensee or holder of a
permit for a day care facility shall secure appropriate
documentation of the distribution of the summary and brochure.
Such documentation shall be a part of the records of the
facility and subject to inspection by an authorized
representative of the Department.
(g) The Department shall distribute to each licensee and
holder of a permit copies of the licensing or permit standards
applicable to such person's facility (other than a day care
center, day care home, or group day care home). Each licensee
or holder of a permit shall make available by posting at all
times in a common or otherwise accessible area a complete and
current set of licensing standards in order that all employees
of the facility may have unrestricted access to such
standards. All employees of the facility shall have reviewed
the standards and any subsequent changes. Each licensee or
holder of a permit shall maintain appropriate documentation of
the current review of licensing standards by all employees.

10300HB5451ham001 - 344 - LRB103 39421 KTG 70845 a
Such records shall be part of the records of the facility and
subject to inspection by authorized representatives of the
Department.
(h) Any standards (other than standards of a day care
center, day care home, or group day care home) involving
physical examinations, immunization, or medical treatment
shall include appropriate exemptions for children whose
parents object thereto on the grounds that they conflict with
the tenets and practices of a recognized church or religious
organization, of which the parent is an adherent or member,
and for children who should not be subjected to immunization
for clinical reasons.
(i) (Blank) The Department, in cooperation with the
Department of Public Health, shall work to increase
immunization awareness and participation among parents of
children enrolled in day care centers and day care homes by
publishing on the Department's website information about the
benefits of immunization against vaccine preventable diseases,
including influenza and pertussis. The information for vaccine
preventable diseases shall include the incidence and severity
of the diseases, the availability of vaccines, and the
importance of immunizing children and persons who frequently
have close contact with children. The website content shall be
reviewed annually in collaboration with the Department of
Public Health to reflect the most current recommendations of
the Advisory Committee on Immunization Practices (ACIP). The

10300HB5451ham001 - 345 - LRB103 39421 KTG 70845 a
Department shall work with day care centers and day care homes
licensed under this Act to ensure that the information is
annually distributed to parents in August or September.
(j) (Blank) Any standard adopted by the Department that
requires an applicant for a license to operate a day care home
to include a copy of a high school diploma or equivalent
certificate with the person's application shall be deemed to
be satisfied if the applicant includes a copy of a high school
diploma or equivalent certificate or a copy of a degree from an
accredited institution of higher education or vocational
institution or equivalent certificate.
(Source: P.A. 102-4, eff. 4-27-21; 103-22, eff. 8-8-23.)
(225 ILCS 10/7.01 new)
Sec. 7.01. Minimum standards for licensing; Department of
Early Childhood.
(a) The Department of Early Childhood must prescribe and
publish minimum standards for licensing that apply to day care
centers, day care homes, and group day care homes. The
Department of Early Childhood shall seek the advice and
assistance of persons representative of day care centers, day
care homes, and group day care homes in establishing such
standards. The standards prescribed and published under this
Act take effect as provided in the Illinois Administrative
Procedure Act, and are restricted to rules pertaining to the
following matters and to any rules required or permitted by

10300HB5451ham001 - 346 - LRB103 39421 KTG 70845 a
any other Section of this Act:
(1) The operation and conduct of the facility and
responsibility it assumes for child care;
(2) The character, suitability and qualifications of
the applicant and other persons directly responsible for
the care and welfare of children served. All child day
care center licensees and employees who are required to
report child abuse or neglect under the Abused and
Neglected Child Reporting Act shall be required to attend
training on recognizing child abuse and neglect, as
prescribed by Department of Early Childhood rules;
(3) The general financial ability and competence of
the applicant to provide necessary care for children and
to maintain prescribed standards;
(4) The number of individuals or staff required to
ensure adequate supervision and care of the children
received. The standards shall provide that each day care
center, day care home, and group day care home shall have
on its premises during its hours of operation at least one
staff member certified in first aid, in the Heimlich
maneuver and in cardiopulmonary resuscitation by the
American Red Cross or other organization approved by rule
of the Department of Early Childhood. The Department of
Early Childhood may offer, or arrange for the offering, on
a periodic basis in each community in this State in
cooperation with the American Red Cross, the American

10300HB5451ham001 - 347 - LRB103 39421 KTG 70845 a
Heart Association or other appropriate organization,
voluntary programs to train operators of day care homes in
first aid and cardiopulmonary resuscitation;
(5) The appropriateness, safety, cleanliness, and
general adequacy of the premises, including maintenance of
adequate fire prevention and health standards conforming
to State laws and municipal codes to provide for the
physical comfort, care, and well-being of children
received;
(6) Provisions for food, clothing, educational
opportunities, program, equipment and individual supplies
to ensure the healthy physical, mental, and spiritual
development of children served;
(7) Provisions to safeguard the legal rights of
children served;
(8) Maintenance of records pertaining to the
admission, progress, health, and discharge of children,
including, for day care centers and day care homes,
records indicating each child has been immunized as
required by State regulations. The Department of Early
Childhood shall require proof that children enrolled in a
facility have been immunized against Haemophilus
Influenzae B (HIB);
(9) Filing of reports with the Department of Early
Childhood;
(10) Discipline of children;

10300HB5451ham001 - 348 - LRB103 39421 KTG 70845 a
(11) Protection and fostering of the particular
religious faith of the children served;
(12) Provisions prohibiting firearms on day care
center premises except in the possession of peace
officers;
(13) Provisions prohibiting handguns on day care home
premises except in the possession of peace officers or
other adults who must possess a handgun as a condition of
employment and who reside on the premises of a day care
home;
(14) Provisions requiring that any firearm permitted
on day care home premises, except handguns in the
possession of peace officers, shall be kept in a
disassembled state, without ammunition, in locked storage,
inaccessible to children and that ammunition permitted on
day care home premises shall be kept in locked storage
separate from that of disassembled firearms, inaccessible
to children;
(15) Provisions requiring notification of parents or
guardians enrolling children at a day care home of the
presence in the day care home of any firearms and
ammunition and of the arrangements for the separate,
locked storage of such firearms and ammunition; and
(16) Provisions requiring all licensed child care
facility employees who care for newborns and infants to
complete training every 3 years on the nature of sudden

10300HB5451ham001 - 349 - LRB103 39421 KTG 70845 a
unexpected infant death (SUID), sudden infant death
syndrome (SIDS), and the safe sleep recommendations of the
American Academy of Pediatrics.
All licensed day care home providers, licensed group day
care home providers, and licensed day care center directors
and classroom staff shall participate in at least one training
that includes the topics of early childhood social emotional
learning, infant and early childhood mental health, early
childhood trauma, or adverse childhood experiences. Current
licensed providers, directors, and classroom staff shall
complete training and shall participate in training that
includes the above topics at least once every 3 years.
(b) The Department of Early Childhood, in applying
standards prescribed and published, as herein provided, shall
offer consultation through employed staff or other qualified
persons to assist applicants and licensees in meeting and
maintaining minimum requirements for a license and to help
them otherwise to achieve programs of excellence related to
the care of children served. Such consultation shall include
providing information concerning education and training in
early childhood development to providers of day care home
services. The Department of Early Childhood may provide or
arrange for such education and training for those providers
who request such assistance.
(c) The Department of Early Childhood shall distribute
copies of licensing standards to all licensees and applicants

10300HB5451ham001 - 350 - LRB103 39421 KTG 70845 a
for a license. Each licensee or holder of a permit shall
distribute copies of the appropriate licensing standards and
any other information required by the Department of Early
Childhood to child care facilities under its supervision. Each
licensee or holder of a permit shall maintain appropriate
documentation of the distribution of the standards. Such
documentation shall be part of the records of the facility and
subject to inspection by authorized representatives of the
Department of Early Childhood.
(d) The Department of Early Childhood shall prepare
summaries of day care licensing standards. Each licensee or
holder of a permit for a day care facility shall distribute a
copy of the appropriate summary and any other information
required by the Department of Early Childhood, to the legal
guardian of each child cared for in that facility at the time
when the child is enrolled or initially placed in the
facility. The licensee or holder of a permit for a day care
facility shall secure appropriate documentation of the
distribution of the summary and brochure. Such documentation
shall be a part of the records of the facility and subject to
inspection by an authorized representative of the Department
of Early Childhood.
(e) The Department of Early Childhood shall distribute to
each licensee and holder of a permit copies of the licensing or
permit standards applicable to such person's facility. Each
licensee or holder of a permit shall make available by posting

10300HB5451ham001 - 351 - LRB103 39421 KTG 70845 a
at all times in a common or otherwise accessible area a
complete and current set of licensing standards in order that
all employees of the facility may have unrestricted access to
such standards. All employees of the facility shall have
reviewed the standards and any subsequent changes. Each
licensee or holder of a permit shall maintain appropriate
documentation of the current review of licensing standards by
all employees. Such records shall be part of the records of the
facility and subject to inspection by authorized
representatives of the Department of Early Childhood.
(f) Any standards involving physical examinations,
immunization, or medical treatment shall include appropriate
exemptions for children whose parents object thereto on the
grounds that they conflict with the tenets and practices of a
recognized church or religious organization, of which the
parent is an adherent or member, and for children who should
not be subjected to immunization for clinical reasons.
(g) The Department of Early Childhood, in cooperation with
the Department of Public Health, shall work to increase
immunization awareness and participation among parents of
children enrolled in day care centers and day care homes by
publishing on the Department of Early Childhood's website
information about the benefits of immunization against vaccine
preventable diseases, including influenza and pertussis. The
information for vaccine preventable diseases shall include the
incidence and severity of the diseases, the availability of

10300HB5451ham001 - 352 - LRB103 39421 KTG 70845 a
vaccines, and the importance of immunizing children and
persons who frequently have close contact with children. The
website content shall be reviewed annually in collaboration
with the Department of Public Health to reflect the most
current recommendations of the Advisory Committee on
Immunization Practices (ACIP). The Department of Early
Childhood shall work with day care centers and day care homes
licensed under this Act to ensure that the information is
annually distributed to parents in August or September.
(h) Any standard adopted by the Department of Early
Childhood that requires an applicant for a license to operate
a day care home to include a copy of a high school diploma or
equivalent certificate with the person's application shall be
deemed to be satisfied if the applicant includes a copy of a
high school diploma or equivalent certificate or a copy of a
degree from an accredited institution of higher education or
vocational institution or equivalent certificate.
(225 ILCS 10/7.2) (from Ch. 23, par. 2217.2)
Sec. 7.2. Employer discrimination.
(a) For purposes of this Section: ,
"Employer" "employer" means a licensee or holder of a
permit subject to this Act.
"Employee" means an employee of such an employer.
(b) No employer shall discharge, demote, or suspend, or
threaten to discharge, demote, or suspend, or in any manner

10300HB5451ham001 - 353 - LRB103 39421 KTG 70845 a
discriminate against any employee who:
(1) Makes any good faith oral or written complaint of
any employer's violation of any licensing or other laws
(including, but not limited to, laws concerning child
abuse or the transportation of children) which may result
in closure of the facility pursuant to Section 11.2 or
11.3 of this Act to the Department of Children and Family
Services or the Department of Early Childhood or other
agency having statutory responsibility for the enforcement
of such laws or to the employer or representative of the
employer;
(2) Institutes or causes to be instituted against any
employer any proceeding concerning the violation of any
licensing or other laws, including a proceeding to revoke
or to refuse to renew a license under Section 9 or 9.01 of
this Act;
(3) Is or will be a witness or testify in any
proceeding concerning the violation of any licensing or
other laws, including a proceeding to revoke or to refuse
to renew a license under Section 9 or 9.01 of this Act; or
(4) Refuses to perform work in violation of a
licensing or other law or regulation after notifying the
employer of the violation.
(c)(1) A claim by an employee alleging an employer's
violation of subsection (b) of this Section shall be presented
to the employer within 30 days after the date of the action

10300HB5451ham001 - 354 - LRB103 39421 KTG 70845 a
complained of and shall be filed with the Department of Labor
within 60 days after the date of the action complained of.
(2) Upon receipt of the complaint, the Department of Labor
shall conduct whatever investigation it deems appropriate, and
may hold a hearing. After investigation or hearing, the
Department of Labor shall determine whether the employer has
violated subsection (b) of this Section and it shall notify
the employer and the employee of its determination.
(3) If the Department of Labor determines that the
employer has violated subsection (b) of this Section, and the
employer refuses to take remedial action to comply with the
determination, the Department of Labor shall so notify the
Attorney General, who shall bring an action against the
employer in the circuit court seeking enforcement of its
determination. The court may order any appropriate relief,
including rehiring and reinstatement of the employee to the
person's former position with backpay and other benefits.
(d) Except for any grievance procedure, arbitration, or
hearing which is available to the employee pursuant to a
collective bargaining agreement, this Section shall be the
exclusive remedy for an employee complaining of any action
described in subsection (b).
(e) Any employer who willfully refuses to rehire, promote,
or otherwise restore an employee or former employee who has
been determined eligible for rehiring or promotion as a result
of any grievance procedure, arbitration, or hearing authorized

10300HB5451ham001 - 355 - LRB103 39421 KTG 70845 a
by law shall be guilty of a Class A misdemeanor.
(Source: P.A. 103-22, eff. 8-8-23; revised 9-21-23.)
(225 ILCS 10/7.10)
Sec. 7.10. Progress report.
(a) For the purposes of this Section, "child day care
licensing" or "day care licensing" means licensing of day care
centers, day care homes, and group day care homes.
(b) No later than September 30th of each year, the
Department of Early Childhood shall provide the General
Assembly with a comprehensive report on its progress in
meeting performance measures and goals related to child day
care licensing.
(c) The report shall include:
(1) details on the funding for child day care
licensing, including:
(A) the total number of full-time employees
working on child day care licensing;
(B) the names of all sources of revenue used to
support child day care licensing;
(C) the amount of expenditures that is claimed
against federal funding sources;
(D) the identity of federal funding sources; and
(E) how funds are appropriated, including
appropriations for line staff, support staff,
supervisory staff, and training and other expenses and

10300HB5451ham001 - 356 - LRB103 39421 KTG 70845 a
the funding history of such licensing since fiscal
year 2010;
(2) current staffing qualifications of day care
licensing representatives and day care licensing
supervisors in comparison with staffing qualifications
specified in the job description;
(3) data history for fiscal year 2010 to the current
fiscal year on day care licensing representative caseloads
and staffing levels in all areas of the State;
(4) per the DCFS Child Day Care Licensing Advisory
Council's work plan, quarterly data on the following
measures:
(A) the percentage of new applications disposed of
within 90 days;
(B) the percentage of licenses renewed on time;
(C) the percentage of day care centers receiving
timely annual monitoring visits;
(D) the percentage of day care homes receiving
timely annual monitoring visits;
(E) the percentage of group day care homes
receiving timely annual monitoring visits;
(F) the percentage of provider requests for
supervisory review;
(G) the progress on adopting a key indicator
system;
(H) the percentage of complaints disposed of

10300HB5451ham001 - 357 - LRB103 39421 KTG 70845 a
within 30 days;
(I) the average number of days a day care center
applicant must wait to attend a licensing orientation;
(J) the number of licensing orientation sessions
available per region in the past year; and
(K) the number of Department of Early Childhood
trainings related to licensing and child development
available to providers in the past year; and
(5) efforts to coordinate with the Department of Human
Services and the State Board of Education on professional
development, credentialing issues, and child developers,
including training registry, child developers, and Quality
Rating and Improvement Systems (QRIS).
(d) The Department of Early Childhood shall work with the
Governor's appointed Early Learning Council on issues related
to and concerning child day care.
(Source: P.A. 97-1096, eff. 8-24-12; 98-839, eff. 1-1-15.)
(225 ILCS 10/8) (from Ch. 23, par. 2218)
Sec. 8. The Department may revoke or refuse to renew the
license of any child care facility (other than a day care
center, day care home, or group day care home) or child welfare
agency or refuse to issue full license to the holder of a
permit should the licensee or holder of a permit:
(1) fail to maintain standards prescribed and
published by the Department;

10300HB5451ham001 - 358 - LRB103 39421 KTG 70845 a
(2) violate any of the provisions of the license
issued;
(3) furnish or make any misleading or any false
statement or report to the Department;
(4) refuse to submit to the Department any reports or
refuse to make available to the Department any records
required by the Department in making investigation of the
facility for licensing purposes;
(5) fail or refuse to submit to an investigation by
the Department;
(6) fail or refuse to admit authorized representatives
of the Department at any reasonable time for the purpose
of investigation;
(7) fail to provide, maintain, equip and keep in safe
and sanitary condition premises established or used for
child care as required under standards prescribed by the
Department, or as otherwise required by any law,
regulation or ordinance applicable to the location of such
facility;
(8) refuse to display its license or permit;
(9) be the subject of an indicated report under
Section 3 of the Abused and Neglected Child Reporting Act
or fail to discharge or sever affiliation with the child
care facility of an employee or volunteer at the facility
with direct contact with children who is the subject of an
indicated report under Section 3 of that Act;

10300HB5451ham001 - 359 - LRB103 39421 KTG 70845 a
(10) fail to comply with the provisions of Section
7.1;
(11) fail to exercise reasonable care in the hiring,
training and supervision of facility personnel;
(12) fail to report suspected abuse or neglect of
children within the facility, as required by the Abused
and Neglected Child Reporting Act;
(12.5) fail to comply with subsection (c-5) of Section
7.4;
(13) fail to comply with Section 5.1 or 5.2 of this
Act; or
(14) be identified in an investigation by the
Department as a person with a substance use disorder, as
defined in the Substance Use Disorder Act, or be a person
whom the Department knows has abused alcohol or drugs, and
has not successfully participated in treatment, self-help
groups or other suitable activities, and the Department
determines that because of such abuse the licensee, holder
of the permit, or any other person directly responsible
for the care and welfare of the children served, does not
comply with standards relating to character, suitability
or other qualifications established under Section 7 of
this Act.
(Source: P.A. 100-759, eff. 1-1-19.)
(225 ILCS 10/8a new)

10300HB5451ham001 - 360 - LRB103 39421 KTG 70845 a
Sec. 8a. Grounds for revocation or refusal to renew
license; Department of Early Childhood. The Department of
Early Childhood may revoke or refuse to renew the license of
any day care center, day care home, or group day care home or
refuse to issue full license to the holder of a permit should
the licensee or holder of a permit:
(1) fail to maintain standards prescribed and
published by the Department of Early Childhood;
(2) violate any of the provisions of the license
issued;
(3) furnish or make any misleading or any false
statement or report to the Department of Early Childhood;
(4) refuse to submit Department of Early Childhood any
reports or refuse to make available Department of Early
Childhood any records required by the Department of Early
Childhood in making investigation of the facility for
licensing purposes;
(5) fail or refuse to submit to an investigation by
the Department of Early Childhood;
(6) fail or refuse to admit authorized representatives
of the Department of Early Childhood at any reasonable
time for the purpose of investigation;
(7) fail to provide, maintain, equip and keep in safe
and sanitary condition premises established or used for
child care as required under standards prescribed by the
Department of Early Childhood or as otherwise required by

10300HB5451ham001 - 361 - LRB103 39421 KTG 70845 a
any law, regulation or ordinance applicable to the
location of such facility;
(8) refuse to display its license or permit;
(9) be the subject of an indicated report under
Section 3 of the Abused and Neglected Child Reporting Act
or fail to discharge or sever affiliation with the day
care center, day care home, or group day care home of an
employee or volunteer at the day care center, day care
home, or group day care home with direct contact with
children who is the subject of an indicated report under
Section 3 of that Act;
(10) fail to comply with the provisions of Section
7.1;
(11) fail to exercise reasonable care in the hiring,
training and supervision of facility personnel;
(12) fail to report suspected abuse or neglect of
children within the facility, as required by the Abused
and Neglected Child Reporting Act;
(12.5) fail to comply with subsection (c-5) of Section
7.4;
(13) fail to comply with Section 5.1 or 5.2 of this
Act; or
(14) be identified in an investigation by the
Department of Early Childhood as a person with a substance
use disorder, as defined in the Substance Use Disorder
Act, or be a person whom the Department of Early Childhood

10300HB5451ham001 - 362 - LRB103 39421 KTG 70845 a
knows has abused alcohol or drugs, and has not
successfully participated in treatment, self-help groups
or other suitable activities, and the Department of Early
Childhood determines that because of such abuse the
licensee, holder of the permit, or any other person
directly responsible for the care and welfare of the
children served, does not comply with standards relating
to character, suitability or other qualifications
established under Section 7.01 of this Act.
(225 ILCS 10/8.1) (from Ch. 23, par. 2218.1)
Sec. 8.1. The Department shall revoke or refuse to renew
the license of any child care facility (other than a day care
center, day care home, or group day care home) or refuse to
issue a full license to the holder of a permit should the
licensee or holder of a permit:
(1) fail to correct any condition which jeopardizes the
health, safety, morals, or welfare of children served by the
facility;
(2) fail to correct any condition or occurrence relating
to the operation or maintenance of the facility comprising a
violation under Section 8 of this Act; or
(3) fail to maintain financial resources adequate for the
satisfactory care of children served in regard to upkeep of
premises, and provisions for personal care, medical services,
clothing, education and other essentials in the proper care,

10300HB5451ham001 - 363 - LRB103 39421 KTG 70845 a
rearing and training of children.
(Source: P.A. 83-1362.)
(225 ILCS 10/8.1a new)
Sec. 8.1a. Other grounds for revocation or refusal to
renew license; Department of Early Childhood. The Department
of Early Childhood shall revoke or refuse to renew the license
of any day care center, day care home, or group day care home
or refuse to issue a full license to the holder of a permit
should the licensee or holder of a permit:
(1) fail to correct any condition which jeopardizes
the health, safety, morals, or welfare of children served
by the facility;
(2) fail to correct any condition or occurrence
relating to the operation or maintenance of the facility
comprising a violation under Section 8a of this Act; or
(3) fail to maintain financial resources adequate for
the satisfactory care of children served in regard to
upkeep of premises, and provisions for personal care,
medical services, clothing, education and other essentials
in the proper care, rearing and training of children.
(225 ILCS 10/8.2) (from Ch. 23, par. 2218.2)
Sec. 8.2. The Department may issue a conditional license
to any child care facility (other than a day care center, day
care home, or group day care home) which currently is licensed

10300HB5451ham001 - 364 - LRB103 39421 KTG 70845 a
under this Act. The conditional license shall be a
nonrenewable license for a period of 6 months and the
Department shall revoke any other license held by the
conditionally licensed facility. Conditional licenses shall
only be granted to facilities where no threat to the health,
safety, morals or welfare of the children served exists. A
complete listing of deficiencies and a corrective plan
approved by the Department shall be in existence at the time a
conditional license is issued. Failure by the facility to
correct the deficiencies or meet all licensing standards at
the end of the conditional license period shall result in
immediate revocation of or refusal to renew the facility's
license as provided in Section 8.1 of this Act.
(Source: P.A. 85-216.)
(225 ILCS 10/8.2a new)
Sec. 8.2a. Conditional license; Department of Early
Childhood. The Department of Early Childhood may issue a
conditional license to any day care center, day care home, or
group day care home which currently is licensed under this
Act. The conditional license shall be a nonrenewable license
for a period of 6 months and the Department of Early Childhood
shall revoke any other license held by the conditionally
licensed facility. Conditional licenses shall only be granted
to facilities where no threat to the health, safety, morals or
welfare of the children served exists. A complete listing of

10300HB5451ham001 - 365 - LRB103 39421 KTG 70845 a
deficiencies and a corrective plan approved by the Department
of Early Childhood shall be in existence at the time a
conditional license is issued. Failure by the facility to
correct the deficiencies or meet all licensing standards at
the end of the conditional license period shall result in
immediate revocation of or refusal to renew the facility's
license as provided in Section 8.1a of this Act.
(225 ILCS 10/8.5)
Sec. 8.5. Reporting suspected abuse or neglect; Department
of Children and Family Services. The Department shall address
through rules and procedures the failure of individual staff
at child care facilities (other than a day care center, day
care home, or group day care home) or child welfare agencies to
report suspected abuse or neglect of children within the child
care facility as required by the Abused and Neglected Child
Reporting Act.
The rules and procedures shall include provisions for when
the Department learns of the child care facility's staff's
failure to report suspected abuse or neglect of children and
the actions the Department will take to (i) ensure that the
child care facility takes immediate action with the individual
staff involved and (ii) investigate whether the failure to
report suspected abuse and neglect was a single incident or
part of a larger incident involving additional staff members
who failed to report, or whether the failure to report

10300HB5451ham001 - 366 - LRB103 39421 KTG 70845 a
suspected abuse and neglect is a system-wide problem within
the child care facility or child welfare agency. The rules and
procedures shall also include the use of corrective action
plans and the use of supervisory teams to review staff and
facility understanding of their reporting requirements.
The Department shall adopt rules by July 1, 2016.
(Source: P.A. 99-350, eff. 1-1-16.)
(225 ILCS 10/8.6 new)
Sec. 8.6. Reporting suspected abuse or neglect; Department
of Early Childhood. The Department of Early Childhood shall
address through rules and procedures the failure of individual
staff at day care centers, day care homes, and group day care
homes to report suspected abuse or neglect of children within
the child care facility as required by the Abused and
Neglected Child Reporting Act.
The rules and procedures shall include provisions for when
the Department of Early Childhood learns of the child care
facility's staff's failure to report suspected abuse or
neglect of children and the actions the Department of Early
Childhood will take to (i) ensure that the child care facility
takes immediate action with the individual staff involved and
(ii) investigate whether the failure to report suspected abuse
and neglect was a single incident or part of a larger incident
involving additional staff members who failed to report, or
whether the failure to report suspected abuse and neglect is a

10300HB5451ham001 - 367 - LRB103 39421 KTG 70845 a
system-wide problem within the child care facility. The rules
and procedures shall also include the use of corrective action
plans and the use of supervisory teams to review staff and
facility understanding of their reporting requirements.
The Department of Early Childhood shall adopt rules to
administer this Section.
(225 ILCS 10/9) (from Ch. 23, par. 2219)
Sec. 9. Prior to revocation or refusal to renew a license
(other than a license of a day care center, day care home, or
group day care home), the Department shall notify the licensee
by registered mail with postage prepaid, at the address
specified on the license, or at the address of the ranking or
presiding officer of a board of directors, or any equivalent
body conducting a child care facility, of the contemplated
action and that the licensee may, within 10 days of such
notification, dating from the postmark of the registered mail,
request in writing a public hearing before the Department,
and, at the same time, may request a written statement of
charges from the Department.
(a) Upon written request by the licensee, the Department
shall furnish such written statement of charges, and, at the
same time, shall set the date and place for the hearing. The
charges and notice of the hearing shall be delivered by
registered mail with postage prepaid, and the hearing must be
held within 30 days, dating from the date of the postmark of

10300HB5451ham001 - 368 - LRB103 39421 KTG 70845 a
the registered mail, except that notification must be made at
least 15 days in advance of the date set for the hearing.
(b) If no request for a hearing is made within 10 days
after notification, or if the Department determines, upon
holding a hearing, that the license should be revoked or
renewal denied, then the license shall be revoked or renewal
denied.
(c) Upon the hearing of proceedings in which the license
is revoked, renewal of license is refused or full license is
denied, the Director of the Department, or any officer or
employee duly authorized by the Director in writing, may
administer oaths and the Department may procure, by its
subpoena, the attendance of witnesses and the production of
relevant books and papers.
(d) At the time and place designated, the Director of the
Department or the officer or employee authorized by the
Director in writing, shall hear the charges, and both the
Department and the licensee shall be allowed to present in
person or by counsel such statements, testimony and evidence
as may be pertinent to the charges or to the defense thereto.
The hearing officer may continue such hearing from time to
time, but not to exceed a single period of 30 days, unless
special extenuating circumstances make further continuance
feasible.
(Source: P.A. 103-22, eff. 8-8-23.)

10300HB5451ham001 - 369 - LRB103 39421 KTG 70845 a
(225 ILCS 10/9.01 new)
Sec. 9.01. Revocation or refusal to renew a license;
Department of Early Childhood. Prior to revocation or refusal
to renew a license of a day care center, day care home, or
group day care home, the Department of Early Childhood shall
notify the licensee by registered mail with postage prepaid,
at the address specified on the license, or at the address of
the ranking or presiding officer of a board of directors, or
any equivalent body conducting a day care center, day care
home, or group day care home, of the contemplated action and
that the licensee may, within 10 days of such notification,
dating from the postmark of the registered mail, request in
writing a public hearing before the Department of Early
Childhood, and, at the same time, may request a written
statement of charges from the Department of Early Childhood.
(a) Upon written request by the licensee, the Department
of Early Childhood shall furnish such written statement of
charges, and, at the same time, shall set the date and place
for the hearing. The charges and notice of the hearing shall be
delivered by registered mail with postage prepaid, and the
hearing must be held within 30 days, dating from the date of
the postmark of the registered mail, except that notification
must be made at least 15 days in advance of the date set for
the hearing.
(b) If no request for a hearing is made within 10 days
after notification, or if the Department of Early Childhood

10300HB5451ham001 - 370 - LRB103 39421 KTG 70845 a
determines, upon holding a hearing, that the license should be
revoked or renewal denied, then the license shall be revoked
or renewal denied.
(c) Upon the hearing of proceedings in which the license
is revoked, renewal of license is refused, or full license is
denied, the Secretary of Early Childhood, or any officer or
employee duly authorized by the Secretary in writing, may
administer oaths and the Department of Early Childhood may
procure, by its subpoena, the attendance of witnesses and the
production of relevant books and papers.
(d) At the time and place designated, the Secretary of
Early Childhood or the officer or employee authorized by the
Secretary in writing shall hear the charges, and both the
Department of Early Childhood and the licensee shall be
allowed to present in person or by counsel such statements,
testimony, and evidence as may be pertinent to the charges or
to the defense thereto. The hearing officer may continue such
hearing from time to time, but not to exceed a single period of
30 days, unless special extenuating circumstances make further
continuance feasible.
(225 ILCS 10/9.1) (from Ch. 23, par. 2219.1)
Sec. 9.1. Before the Department of Children and Family
Services or the Department of Early Childhood initiates a
full-scale investigation of any complaint received regarding a
child care facility the Department may, when appropriate,

10300HB5451ham001 - 371 - LRB103 39421 KTG 70845 a
provide procedures for the substantiation of the complaint.
(Source: P.A. 87-265.)
(225 ILCS 10/9.1c)
Sec. 9.1c. Public database of day care homes, group day
care homes, and day care centers; license status. The No later
than July 1, 2018, the Department of Early Childhood shall
establish and maintain on its official website a searchable
database, freely accessible to the public, that provides the
following information on each day care home, group day care
home, and day care center licensed by the Department of Early
Childhood: whether, within the past 5 years, the day care
home, group day care home, or day care center has had its
license revoked by or surrendered to the Department of
Children and Family Services or the Department of Early
Childhood during a child abuse or neglect investigation or its
application for a renewal of its license was denied by the
Department of Children and Family Services or the Department
of Early Childhood, and, if so, the dates upon which the
license was revoked by or surrendered to the Department of
Children and Family Services or the Department of Early
Childhood or the application for a renewal of the license was
denied by the Department of Children and Family Services or
the Department of Early Childhood. The Department of Early
Childhood may adopt any rules necessary to implement this
Section. Nothing in this Section shall be construed to allow

10300HB5451ham001 - 372 - LRB103 39421 KTG 70845 a
or authorize the Department of Early Childhood to release or
disclose any information that is prohibited from public
disclosure under this Act or under any other State or federal
law.
(Source: P.A. 100-52, eff. 1-1-18.)
(225 ILCS 10/9.2)
Sec. 9.2. Toll free number; day care information. The
Department of Children and Family Services and the Department
of Early Childhood shall establish and maintain a statewide
toll-free telephone numbers number that all persons may use to
inquire about the past history and record of a day care
facility operating in this State under the jurisdiction of
each of the Departments. The past history and record shall
include, but shall not be limited to, Department substantiated
complaints by each Department against a day care facility and
Department staff findings by each Department of license
violations by a day care facility. Information disclosed in
accordance with this Section shall be subject to the
confidentiality requirements provided in this Act.
(Source: P.A. 90-671, eff. 1-1-99.)
(225 ILCS 10/10) (from Ch. 23, par. 2220)
Sec. 10. Any circuit court, upon application either of the
person requesting a hearing or of the Department of Children
and Family Services or the Department of Early Childhood, may

10300HB5451ham001 - 373 - LRB103 39421 KTG 70845 a
require the attendance of witnesses and the production of
relevant books and papers before the Department of Children
and Family Services or the Department of Early Childhood in
any hearing relating to the refusal or revocation of licenses.
The refusal or neglect to obey the order of the court
compelling the attendance or production, is punishable as in
other cases of contempt.
(Source: P.A. 83-334.)
(225 ILCS 10/11) (from Ch. 23, par. 2221)
Sec. 11. Whenever the Department of Children and Family
Services or the Department of Early Childhood is advised, or
has reason to believe, that any person, group of persons or
corporation is operating a child welfare agency or a child
care facility without a license or permit, it shall make an
investigation to ascertain the facts. If the Department is
denied access, it shall request intervention of local, county
or State law enforcement agencies to seek an appropriate court
order or warrant to examine the premises. A person or entity
preventing the Department of Children and Family Services or
the Department of Early Childhood from carrying out its duties
under this Section shall be guilty of a violation of this Act
and shall be subject to such penalties related thereto. If the
Department of Children and Family Services or the Department
of Early Childhood it finds that the child welfare agency or
child care facility is being, or has been operated without a

10300HB5451ham001 - 374 - LRB103 39421 KTG 70845 a
license or permit, it shall report the results of its
investigation to the Attorney General, and to the appropriate
State's Attorney for investigation and, if appropriate,
prosecution.
Operating a child welfare agency or child care facility
without a license constitutes a Class A misdemeanor, followed
by a business offense, if the operator continues to operate
the facility and no effort is made to obtain a license. The
business offense fine shall not exceed $10,000 and each day of
a violation is a separate offense.
(Source: P.A. 94-586, eff. 8-15-05.)
(225 ILCS 10/11.1) (from Ch. 23, par. 2221.1)
Sec. 11.1. Referrals to law enforcement.
(a) If the Department of Children and Family Services or
the Department of Early Childhood has reasonable cause to
believe that any person, group of persons, corporation,
agency, association, organization, institution, center, or
group is engaged or about to engage in any acts or practices
that constitute or will constitute a violation of this Act,
the Department shall inform the Attorney General or the
State's Attorney of the appropriate county, who may initiate
the appropriate civil or criminal proceedings. Upon a proper
showing, any circuit court may enter a permanent or
preliminary injunction or temporary restraining order without
bond to enforce this Act or any rule or regulation prescribed

10300HB5451ham001 - 375 - LRB103 39421 KTG 70845 a
thereunder in addition to the penalties and other remedies
provided in this Act.
(b) If the Department has reasonable cause to believe that
any person, group of persons, corporation, agency,
association, organization, institution, center, or group is
engaged or is about to engage in any act or practice that
constitutes or may constitute a violation of any rule adopted
under the authority of this Act, the Department may inform the
Attorney General or the State's Attorney of the appropriate
county, who may initiate the appropriate civil or criminal
proceedings. Upon a proper showing, any circuit court may
enter a permanent or preliminary injunction or temporary
restraining order without bond to enforce this Act or any rule
prescribed under this Act, in addition to the penalties and
other remedies provided in this Act.
(Source: P.A. 94-586, eff. 8-15-05.)
(225 ILCS 10/11.1a new)
Sec. 11.1a. Referrals to law enforcement; Department of
Early Childhood.
(a) If the Department of Early Childhood has reasonable
cause to believe that any person, group of persons,
corporation, agency, association, organization, institution,
center, or group is engaged or about to engage in any acts or
practices that constitute or will constitute a violation of
this Act, the Department of Early Childhood shall inform the

10300HB5451ham001 - 376 - LRB103 39421 KTG 70845 a
Attorney General or the State's Attorney of the appropriate
county, who may initiate the appropriate civil or criminal
proceedings. Upon a proper showing, any circuit court may
enter a permanent or preliminary injunction or temporary
restraining order without bond to enforce this Act or any rule
or regulation prescribed thereunder in addition to the
penalties and other remedies provided in this Act.
(b) If the Department of Early Childhood has reasonable
cause to believe that any person, group of persons,
corporation, agency, association, organization, institution,
center, or group is engaged or is about to engage in any act or
practice that constitutes or may constitute a violation of any
rule adopted under the authority of this Act, the Department
of Early Childhood may inform the Attorney General or the
State's Attorney of the appropriate county, who may initiate
the appropriate civil or criminal proceedings. Upon a proper
showing, any circuit court may enter a permanent or
preliminary injunction or temporary restraining order without
bond to enforce this Act or any rule prescribed under this Act,
in addition to the penalties and other remedies provided in
this Act.
(225 ILCS 10/11.2) (from Ch. 23, par. 2221.2)
Sec. 11.2. Whenever the Department expressly finds that
the continued operation of a child care facility, including
such facilities defined in Section 2.10 and unlicensed

10300HB5451ham001 - 377 - LRB103 39421 KTG 70845 a
facilities, jeopardizes the health, safety, morals, or welfare
of children served by the facility, the Department shall issue
an order of closure directing that the operation of the
facility terminate immediately, and, if applicable, shall
initiate revocation proceedings under Section 9 within ten
working days. A facility closed under this Section may not
operate during the pendency of any proceeding for the judicial
review of the decision of the Department to issue an order of
closure or to revoke or refuse to renew the license, except
under court order.
This Section does not apply to unlicensed facilities that
qualify for an exemption under Section 2.10, day care centers,
day care homes, and group day care homes.
(Source: P.A. 85-216.)
(225 ILCS 10/11.3 new)
Sec. 11.3. Order of closure; Department of Early
Childhood. Whenever the Department of Early Childhood
expressly finds that the continued operation of a day care
center, day care home, or group day care home, including a
facility defined in Section 2.10 and an unlicensed facility,
jeopardizes the health, safety, morals, or welfare of children
served by the facility, the Department of Early Childhood
shall issue an order of closure directing that the operation
of the facility terminate immediately, and, if applicable,
shall initiate revocation proceedings under Section 9.01

10300HB5451ham001 - 378 - LRB103 39421 KTG 70845 a
within 10 working days. A facility closed under this Section
may not operate during the pendency of any proceeding for the
judicial review of the decision of the Department of Early
Childhood to issue an order of closure or to revoke or refuse
to renew the license, except under court order.
(225 ILCS 10/12) (from Ch. 23, par. 2222)
Sec. 12. Advertisements; Department of Children and Family
Services.
(a) In this Section, "advertise" means communication by
any public medium originating or distributed in this State,
including, but not limited to, newspapers, periodicals,
telephone book listings, outdoor advertising signs, radio, or
television.
(b) With the exception of day care centers, day care
homes, and group day care homes, a A child care facility or
child welfare agency licensed or operating under a permit
issued by the Department may publish advertisements for the
services that the facility is specifically licensed or issued
a permit under this Act to provide. A person, group of persons,
agency, association, organization, corporation, institution,
center, or group who advertises or causes to be published any
advertisement offering, soliciting, or promising to perform
adoption services as defined in Section 2.24 of this Act is
guilty of a Class A misdemeanor and shall be subject to a fine
not to exceed $10,000 or 9 months imprisonment for each

10300HB5451ham001 - 379 - LRB103 39421 KTG 70845 a
advertisement, unless that person, group of persons, agency,
association, organization, corporation, institution, center,
or group is (i) licensed or operating under a permit issued by
the Department as a child care facility or child welfare
agency, (ii) a birth parent or a prospective adoptive parent
acting on the birth parent's or prospective adoptive parent's
own behalf, or (iii) a licensed attorney advertising the
licensed attorney's availability to provide legal services
relating to adoption, as permitted by law.
(c) Every advertisement published after the effective date
of this amendatory Act of the 94th General Assembly shall
include the Department-issued license number of the facility
or agency.
(d) Any licensed child welfare agency providing adoption
services that, after the effective date of this amendatory Act
of the 94th General Assembly, causes to be published an
advertisement containing reckless or intentional
misrepresentations concerning adoption services or
circumstances material to the placement of a child for
adoption is guilty of a Class A misdemeanor and is subject to a
fine not to exceed $10,000 or 9 months imprisonment for each
advertisement.
(e) An out-of-state agency that is not licensed in
Illinois and that has a written interagency agreement with one
or more Illinois licensed child welfare agencies may advertise
under this Section, provided that (i) the out-of-state agency

10300HB5451ham001 - 380 - LRB103 39421 KTG 70845 a
must be officially recognized by the United States Internal
Revenue Service as a tax-exempt organization under 501(c)(3)
of the Internal Revenue Code of 1986 (or any successor
provision of federal tax law), (ii) the out-of-state agency
provides only international adoption services and is covered
by the Intercountry Adoption Act of 2000, (iii) the
out-of-state agency displays, in the advertisement, the
license number of at least one of the Illinois licensed child
welfare agencies with which it has a written agreement, and
(iv) the advertisements pertain only to international adoption
services. Subsection (d) of this Section shall apply to any
out-of-state agencies described in this subsection (e).
(f) An advertiser, publisher, or broadcaster, including,
but not limited to, newspapers, periodicals, telephone book
publishers, outdoor advertising signs, radio stations, or
television stations, who knowingly or recklessly advertises or
publishes any advertisement offering, soliciting, or promising
to perform adoption services, as defined in Section 2.24 of
this Act, on behalf of a person, group of persons, agency,
association, organization, corporation, institution, center,
or group, not authorized to advertise under subsection (b) or
subsection (e) of this Section, is guilty of a Class A
misdemeanor and is subject to a fine not to exceed $10,000 or 9
months imprisonment for each advertisement.
(g) The Department shall maintain a website listing child
welfare agencies licensed by the Department that provide

10300HB5451ham001 - 381 - LRB103 39421 KTG 70845 a
adoption services and other general information for birth
parents and adoptive parents. The website shall include, but
not be limited to, agency addresses, phone numbers, e-mail
addresses, website addresses, annual reports as referenced in
Section 7.6 of this Act, agency license numbers, the Birth
Parent Bill of Rights, the Adoptive Parents Bill of Rights,
and the Department's complaint registry established under
Section 9.1a of this Act. The Department shall adopt any rules
necessary to implement this Section.
(h) (Blank) Nothing in this Act shall prohibit a day care
agency, day care center, day care home, or group day care home
that does not provide or perform adoption services, as defined
in Section 2.24 of this Act, from advertising or marketing the
day care agency, day care center, day care home, or group day
care home.
(Source: P.A. 103-22, eff. 8-8-23.)
(225 ILCS 10/12.1 new)
Sec. 12.1. Advertisements; Department of Early Childhood.
(a) In this Section, "advertise" means communication by
any public medium originating or distributed in this State,
including, but not limited to, newspapers, periodicals,
telephone book listings, outdoor advertising signs, radio, or
television.
(b) A day care center, day care home, or group day care
home licensed or operating under a permit issued by the

10300HB5451ham001 - 382 - LRB103 39421 KTG 70845 a
Department of Early Childhood may publish advertisements for
the services that the day care center, day care home, or group
day care home is specifically licensed or issued a permit
under this Act to provide. A person, group of persons, agency,
association, organization, corporation, institution, center,
or group that advertises or causes to be published any
advertisement offering, soliciting, or promising to perform
adoption services as defined in Section 2.24 of this Act is
guilty of a Class A misdemeanor and shall be subject to a fine
not to exceed $10,000 or 9 months' imprisonment for each
advertisement, unless that person, group of persons, agency,
association, organization, corporation, institution, center,
or group is licensed or operating under a permit issued by
Department of Early Childhood as a day care center, day care
home, or group day care home, as permitted by law.
(c) Every advertisement published after the effective date
of this amendatory Act of the 103rd General Assembly shall
include the Department of Early Childhood license number of
the facility or agency.
(225 ILCS 10/15) (from Ch. 23, par. 2225)
Sec. 15. With the exception of day care centers, day care
homes, and group day care homes, every Every child care
facility must keep and maintain such records as the Department
may prescribe pertaining to the admission, progress, health
and discharge of children under the care of the facility and

10300HB5451ham001 - 383 - LRB103 39421 KTG 70845 a
shall report relative thereto to the Department whenever
called for, upon forms prescribed by the Department. All
records regarding children and all facts learned about
children and their relatives must be kept confidential both by
the child care facility and by the Department.
Nothing contained in this Act prevents the sharing or
disclosure of information or records relating or pertaining to
juveniles subject to the provisions of the Serious Habitual
Offender Comprehensive Action Program when that information is
used to assist in the early identification and treatment of
habitual juvenile offenders.
Nothing contained in this Act prevents the disclosure of
information or records by a licensed child welfare agency as
required under subsection (c-5) of Section 7.4.
(Source: P.A. 94-1010, eff. 10-1-06.)
(225 ILCS 10/15.1 new)
Sec. 15.1. Records; confidentiality; Department of Early
Childhood. Every day care center, day care home, and group day
care home must keep and maintain such records as the
Department of Early Childhood may prescribe pertaining to the
admission, progress, health and discharge of children under
the care of the day care center, day care home, or group day
care home, and shall report relative thereto to the Department
of Early Childhood whenever called for, upon forms prescribed
by the Department of Early Childhood. All records regarding

10300HB5451ham001 - 384 - LRB103 39421 KTG 70845 a
children and all facts learned about children and their
relatives must be kept confidential both by the day care
center, day care home, or group day care home and by the
Department of Early Childhood.
(225 ILCS 10/16) (from Ch. 23, par. 2226)
Sec. 16. (a) Subsections (a-1) through (d) do not apply to
any circumstances to which Section 16.1 applies.
(a-1) (a) Any child care facility receiving a child for
care or supervision from a foreign state or country shall
report that child to the Department in the same manner as is
required for reporting other children.
(b) A person, agency or organization, other than a
licensed child care institution or child welfare agency, may
not receive a foreign child without prior notice to and
approval of the Department.
(c) In all instances the Department may require a guaranty
that a child accepted for care or supervision from a foreign
state or country will not become a public charge upon the State
of Illinois.
(d) Reports to the Department must be made, as required.
(e) The Department may enter into agreements with public
or voluntary social agencies headquartered in states adjacent
to the State of Illinois, regarding the placement of children
in licensed foster family homes within the boundaries of
Illinois, if the agencies meet the standards and criteria

10300HB5451ham001 - 385 - LRB103 39421 KTG 70845 a
required for license as a child welfare agency in Illinois.
The agreements may allow foreign agencies to place and
supervise children for whom they have responsibility within
the State of Illinois, without regard to subsection (a-1)
paragraph (a) of this Section. These agreements must, however,
include a requirement that the agencies cooperate fully with
the Department in its inquiry or investigation into the
activities and standards of those agencies, and provide that
the Department may, at any time upon 15 days written notice to
an agency by registered mail, void the agreement and require
the observance of subsection (a-1) paragraph (a) of this
Section.
(Source: P.A. 76-63.)
(225 ILCS 10/16.1 new)
Sec. 16.1. Child from a foreign state or country;
Department of Early Childhood.
(a) Any day care center, day care home, or group day care
home receiving a child for care or supervision from a foreign
state or country shall report that child to the Department of
Early Childhood in the same manner as is required for
reporting other children.
(b) A person, agency or organization, other than a
licensed child care institution, may not receive a foreign
child without prior notice to and approval of the Department
of Early Childhood.

10300HB5451ham001 - 386 - LRB103 39421 KTG 70845 a
(c) In all instances the Department of Early Childhood may
require a guaranty that a child accepted for care or
supervision from a foreign state or country will not become a
public charge upon the State of Illinois.
(d) Reports to the Department of Early Childhood must be
made, as required.
(225 ILCS 10/17) (from Ch. 23, par. 2227)
Sec. 17. The Administrative Review Law and the rules
adopted pursuant thereto apply to and govern , applies to and
governs all proceedings for the judicial review of final
administrative decisions of the Department of Children and
Family Services and the Department of Early Childhood. The
term "administrative decision" is defined as in Section 3-101
of the Code of Civil Procedure.
(Source: P.A. 82-783.)
(225 ILCS 10/18) (from Ch. 23, par. 2228)
Sec. 18. Any person, group of persons, association, or
corporation who, with respect to a child care facility other
than a day care center, day care home, or group day care home:
(1) conducts, operates, or acts as a child care facility
without a license or permit to do so in violation of Section 3
of this Act;
(2) makes materially false statements in order to obtain a
license or permit;

10300HB5451ham001 - 387 - LRB103 39421 KTG 70845 a
(3) fails to keep the records and make the reports
provided under this Act;
(4) advertises any service not authorized by license or
permit held;
(5) publishes any advertisement in violation of this Act;
(6) receives within this State any child in violation of
Section 16 of this Act; or
(7) violates any other provision of this Act or any
reasonable rule or regulation adopted and published by the
Department for the enforcement of the provisions of this Act,
is guilty of a Class A misdemeanor and in case of an
association or corporation, imprisonment may be imposed upon
its officers who knowingly participated in the violation.
Any child care facility (other than a day care center, day
care home, or group day care home) that continues to operate
after its license is revoked under Section 8 of this Act or
after its license expires and the Department refused to renew
the license as provided in Section 8 of this Act is guilty of a
business offense and shall be fined an amount in excess of $500
but not exceeding $10,000, and each day of violation is a
separate offense.
In a prosecution under this Act, a defendant who relies
upon the relationship of any child to the defendant has the
burden of proof as to that relationship.
(Source: P.A. 103-22, eff. 8-8-23; revised 9-21-23.)

10300HB5451ham001 - 388 - LRB103 39421 KTG 70845 a
(225 ILCS 10/18.1 new)
Sec. 18.1. Violations; day care center, day care home, or
group day care home. Any person, group of persons,
association, or corporation that:
(1) conducts, operates or acts as a day care center,
day care home, or group day care home without a license or
permit to do so in violation of Section 3.01 of this Act;
(2) makes materially false statements in order to
obtain a license or permit;
(3) fails to keep the records and make the reports
provided under this Act;
(4) advertises any service not authorized by license
or permit held;
(5) publishes any advertisement in violation of this
Act;
(6) receives within this State any child in violation
of Section 16.1 of this Act; or
(7) violates any other provision of this Act or any
reasonable rule or regulation adopted and published by the
Department of Early Childhood for the enforcement of the
provisions of this Act,
is guilty of a Class A misdemeanor and, in the case of an
association or corporation, imprisonment may be imposed upon
its officers who knowingly participated in the violation.
Any day care center, day care home, or group day care home
that continues to operate after its license is revoked under

10300HB5451ham001 - 389 - LRB103 39421 KTG 70845 a
Section 8 or 8a of this Act or after its license expires and
the Department of Early Childhood refused to renew the license
as provided in Section 8 or 8a of this Act is guilty of a
business offense and shall be fined an amount in excess of $500
but not exceeding $10,000. Each day of violation is a separate
offense.
In a prosecution under this Act, a defendant who relies
upon the relationship of any child to the defendant has the
burden of proof as to that relationship.
ARTICLE 99. NONACCELERATION, SEVERABILITY,
AND
EFFECTIVE DATE
Section 99-1. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i) the
changes made by this Act or (ii) provisions derived from any
other Public Act.
Section 99-5. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
Section 99-99. Effective date. This Act takes effect upon

10300HB5451ham001 - 390 - LRB103 39421 KTG 70845 a