Bill Text: IL HB2310 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: Amends the Early Childhood Workforce Act. Creates the Early Childhood Workforce Standards Board (Board). Provides that Board members must be appointed within 60 days after the effective date of the amendatory Act. Sets forth the Board's membership. Provides that for State Fiscal Year 2025, and for each state fiscal year thereafter, the Board shall: (1) determine an hourly wage floor, and salaried equivalent, for workers in State-funded early childhood programs which the Board believes will serve to recruit and retain early childhood workers; and (2) determine minimum increments above the wage floor as may be necessary to retain workers in State-funded early childhood programs such as for years of experience or job title. Provides that subject to appropriation, beginning in State Fiscal Year 2025 the Department of Human Services shall implement and administer a program making grants to early childhood worker training programs that value experience, inclusion, equity, and racial justice; and center worker voices and needs such as mentorship, apprenticeships, and peer-led learning. Amends the School Code. Provides that in order to ensure the quality and continuity of services, within 6 months after the effective date of the amendatory Act, all grant agreements shall require each child care center to (i) comply with the wage floor and compensation policies set forth in the Early Childhood Workforce Act, (ii) report quarterly up-to-date contact information for staff to the Department to allow the State Board of Education to communicate with the workers about their rights and supports available to them, (iii) supply the State Board of Education with current copies of its wage scales for classroom and support staff and other matters, and (iv) reconcile expenses quarterly and annually submit a year-end comprehensive financial report in a form prescribed by the State Board of Education. Imposes similar requirements on child care centers in a purchase of service contract with the Department of Human Services under its Child Care Assistance Program.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced) 2023-03-27 - House Floor Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB2310 Detail]
Download: Illinois-2023-HB2310-Introduced.html
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1 | AN ACT concerning children.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by changing Section | |||||||||||||||||||||||||
5 | 2-3.71 as follows:
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6 | (105 ILCS 5/2-3.71) (from Ch. 122, par. 2-3.71)
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7 | Sec. 2-3.71. Grants for preschool educational programs. | |||||||||||||||||||||||||
8 | (a) Preschool program.
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9 | (1) The State Board of Education shall implement and | |||||||||||||||||||||||||
10 | administer
a grant program under the provisions of this | |||||||||||||||||||||||||
11 | subsection which shall
consist of grants to public school | |||||||||||||||||||||||||
12 | districts and other eligible entities, as defined by the | |||||||||||||||||||||||||
13 | State Board of Education, to conduct voluntary
preschool
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14 | educational programs for children ages 3 to 5 which | |||||||||||||||||||||||||
15 | include a parent
education component. A public school | |||||||||||||||||||||||||
16 | district which receives grants under
this subsection may | |||||||||||||||||||||||||
17 | subcontract with other entities that are eligible to | |||||||||||||||||||||||||
18 | conduct a preschool educational
program. These grants must | |||||||||||||||||||||||||
19 | be used to supplement, not supplant, funds received from | |||||||||||||||||||||||||
20 | any other source.
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21 | (2) (Blank).
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22 | (3) Except as otherwise provided under this subsection | |||||||||||||||||||||||||
23 | (a), any teacher of preschool children in the program |
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1 | authorized by this
subsection shall hold a Professional | ||||||
2 | Educator License with an early childhood education | ||||||
3 | endorsement. | ||||||
4 | (3.5) Beginning with the 2018-2019 school year and | ||||||
5 | until the 2023-2024 school year, an individual may teach | ||||||
6 | preschool children in an early childhood program under | ||||||
7 | this Section if he or she holds a Professional Educator | ||||||
8 | License with an early childhood education endorsement or | ||||||
9 | with short-term approval for early childhood education or | ||||||
10 | he or she pursues a Professional Educator License and | ||||||
11 | holds any of the following: | ||||||
12 | (A) An ECE Credential Level of 5 awarded by the | ||||||
13 | Department of Human Services under the Gateways to | ||||||
14 | Opportunity Program developed under Section 10-70 of | ||||||
15 | the Department of Human Services Act. | ||||||
16 | (B) An Educator License with Stipulations with a | ||||||
17 | transitional bilingual educator endorsement and he or | ||||||
18 | she has (i) passed an early childhood education | ||||||
19 | content test or (ii) completed no less than 9 semester | ||||||
20 | hours of postsecondary coursework in the area of early | ||||||
21 | childhood education.
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22 | (4) (Blank).
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23 | (4.5) The State Board of Education shall provide the | ||||||
24 | primary source of
funding through appropriations for the | ||||||
25 | program.
Such funds shall be distributed to achieve a goal | ||||||
26 | of "Preschool for All Children" for the benefit
of all |
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1 | children whose families choose to participate in the | ||||||
2 | program. Based on available appropriations, newly funded | ||||||
3 | programs shall be selected through a process giving first | ||||||
4 | priority to qualified programs serving primarily at-risk | ||||||
5 | children and second priority to qualified programs serving | ||||||
6 | primarily children with a family income of less than 4 | ||||||
7 | times the poverty guidelines updated periodically in the | ||||||
8 | Federal Register by the U.S. Department of Health and | ||||||
9 | Human Services under the authority of 42 U.S.C. 9902(2). | ||||||
10 | For purposes of this paragraph (4.5), at-risk children are | ||||||
11 | those who because of their home and community environment | ||||||
12 | are subject
to such language, cultural, economic and like | ||||||
13 | disadvantages to cause them to have
been determined as a | ||||||
14 | result of screening procedures to be at risk of
academic | ||||||
15 | failure. Such screening procedures shall be based on | ||||||
16 | criteria
established by the State Board of Education. | ||||||
17 | Except as otherwise provided in this paragraph (4.5), | ||||||
18 | grantees under the program must enter into a memorandum of | ||||||
19 | understanding with the appropriate local Head Start | ||||||
20 | agency. This memorandum must be entered into no later than | ||||||
21 | 3 months after the award of a grantee's grant under the | ||||||
22 | program, except that, in the case of the 2009-2010 program | ||||||
23 | year, the memorandum must be entered into no later than | ||||||
24 | the deadline set by the State Board of Education for | ||||||
25 | applications to participate in the program in fiscal year | ||||||
26 | 2011, and must address collaboration between the grantee's |
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1 | program and the local Head Start agency on certain issues, | ||||||
2 | which shall include without limitation the following: | ||||||
3 | (A) educational activities, curricular objectives, | ||||||
4 | and instruction; | ||||||
5 | (B) public information dissemination and access to | ||||||
6 | programs for families contacting programs; | ||||||
7 | (C) service areas; | ||||||
8 | (D) selection priorities for eligible children to | ||||||
9 | be served by programs; | ||||||
10 | (E) maximizing the impact of federal and State | ||||||
11 | funding to benefit young children; | ||||||
12 | (F) staff training, including opportunities for | ||||||
13 | joint staff training; | ||||||
14 | (G) technical assistance; | ||||||
15 | (H) communication and parent outreach for smooth | ||||||
16 | transitions to kindergarten; | ||||||
17 | (I) provision and use of facilities, | ||||||
18 | transportation, and other program elements; | ||||||
19 | (J) facilitating each program's fulfillment of its | ||||||
20 | statutory and regulatory requirements; | ||||||
21 | (K) improving local planning and collaboration; | ||||||
22 | and | ||||||
23 | (L) providing comprehensive services for the | ||||||
24 | neediest Illinois children and families. | ||||||
25 | If the appropriate local Head Start agency is unable or | ||||||
26 | unwilling to enter into a memorandum of understanding as |
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1 | required under this paragraph (4.5), the memorandum of | ||||||
2 | understanding requirement shall not apply and the grantee | ||||||
3 | under the program must notify the State Board of Education | ||||||
4 | in writing of the Head Start agency's inability or | ||||||
5 | unwillingness. The State Board of Education shall compile | ||||||
6 | all such written notices and make them available to the | ||||||
7 | public. | ||||||
8 | (5) The State Board of Education shall develop and | ||||||
9 | provide
evaluation tools, including tests, that school | ||||||
10 | districts and other eligible entities may use to
evaluate | ||||||
11 | children for school readiness prior to age 5. The State | ||||||
12 | Board of
Education shall require school districts and | ||||||
13 | other eligible entities
to obtain consent from the parents
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14 | or guardians of children before any evaluations are | ||||||
15 | conducted. The State
Board of Education shall encourage | ||||||
16 | local school districts and other eligible entities to | ||||||
17 | evaluate the
population of preschool children in their | ||||||
18 | communities and provide preschool
programs, pursuant to | ||||||
19 | this subsection, where appropriate.
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20 | (6) The State Board of Education shall report to the | ||||||
21 | General Assembly by November 1, 2018
and every
2 years | ||||||
22 | thereafter on the results and progress of
students who | ||||||
23 | were enrolled in preschool educational programs, including | ||||||
24 | an
assessment of which programs have been most successful | ||||||
25 | in promoting
academic excellence and alleviating academic | ||||||
26 | failure. The State Board of
Education shall assess the |
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1 | academic progress of all students who have been
enrolled | ||||||
2 | in preschool educational programs.
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3 | On or before November 1 of each fiscal year in which | ||||||
4 | the General Assembly provides funding for new programs | ||||||
5 | under paragraph (4.5) of this Section, the State Board of | ||||||
6 | Education shall report to the General Assembly on what | ||||||
7 | percentage of new funding was provided to programs serving | ||||||
8 | primarily at-risk children, what percentage of new funding | ||||||
9 | was provided to programs serving primarily children with a | ||||||
10 | family income of less than 4 times the federal poverty | ||||||
11 | level, and what percentage of new funding was provided to | ||||||
12 | other programs. | ||||||
13 | (7) Due to evidence that expulsion practices in the | ||||||
14 | preschool years are linked to poor child outcomes and are | ||||||
15 | employed inconsistently across racial and gender groups, | ||||||
16 | early childhood programs receiving State funds under this | ||||||
17 | subsection (a) shall prohibit expulsions. Planned | ||||||
18 | transitions to settings that are able to better meet a | ||||||
19 | child's needs are not considered expulsion under this | ||||||
20 | paragraph (7). | ||||||
21 | (A) When persistent and serious challenging | ||||||
22 | behaviors emerge, the early childhood program shall | ||||||
23 | document steps taken to ensure that the child can | ||||||
24 | participate safely in the program; including | ||||||
25 | observations of initial and ongoing challenging | ||||||
26 | behaviors, strategies for remediation and intervention |
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1 | plans to address the behaviors, and communication with | ||||||
2 | the parent or legal guardian, including participation | ||||||
3 | of the parent or legal guardian in planning and | ||||||
4 | decision-making. | ||||||
5 | (B) The early childhood program shall, with | ||||||
6 | parental or legal guardian consent as required, | ||||||
7 | utilize a range of community resources, if available | ||||||
8 | and deemed necessary, including, but not limited to, | ||||||
9 | developmental screenings, referrals to programs and | ||||||
10 | services administered by a local educational agency or | ||||||
11 | early intervention agency under Parts B and C of the | ||||||
12 | federal Individual with Disabilities Education Act, | ||||||
13 | and consultation with infant and early childhood | ||||||
14 | mental health consultants and the child's health care | ||||||
15 | provider. The program shall document attempts to | ||||||
16 | engage these resources, including parent or legal | ||||||
17 | guardian participation and consent attempted and | ||||||
18 | obtained. Communication with the parent or legal | ||||||
19 | guardian shall take place in a culturally and | ||||||
20 | linguistically competent manner. | ||||||
21 | (C) If there is documented evidence that all | ||||||
22 | available interventions and supports recommended by a | ||||||
23 | qualified professional have been exhausted and the | ||||||
24 | program determines in its professional judgment that | ||||||
25 | transitioning a child to another program is necessary | ||||||
26 | for the well-being of the child or his or her peers and |
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1 | staff, with parent or legal guardian permission, both | ||||||
2 | the current and pending programs shall create a | ||||||
3 | transition plan designed to ensure continuity of | ||||||
4 | services and the comprehensive development of the | ||||||
5 | child. Communication with families shall occur in a | ||||||
6 | culturally and linguistically competent manner. | ||||||
7 | (D) Nothing in this paragraph (7) shall preclude a | ||||||
8 | parent's or legal guardian's right to voluntarily | ||||||
9 | withdraw his or her child from an early childhood | ||||||
10 | program. Early childhood programs shall request and | ||||||
11 | keep on file, when received, a written statement from | ||||||
12 | the parent or legal guardian stating the reason for | ||||||
13 | his or her decision to withdraw his or her child. | ||||||
14 | (E) In the case of the determination of a serious | ||||||
15 | safety threat to a child or others or in the case of | ||||||
16 | behaviors listed in subsection (d) of Section 10-22.6 | ||||||
17 | of this Code, the temporary removal of a child from | ||||||
18 | attendance in group settings may be used. Temporary | ||||||
19 | removal of a child from attendance in a group setting | ||||||
20 | shall trigger the process detailed in subparagraphs | ||||||
21 | (A), (B), and (C) of this paragraph (7), with the child | ||||||
22 | placed back in a group setting as quickly as possible. | ||||||
23 | (F) Early childhood programs may utilize and the | ||||||
24 | State Board of Education, the Department of Human | ||||||
25 | Services, and the Department of Children and Family | ||||||
26 | Services shall recommend training, technical support, |
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1 | and professional development resources to improve the | ||||||
2 | ability of teachers, administrators, program | ||||||
3 | directors, and other staff to promote social-emotional | ||||||
4 | development and behavioral health, to address | ||||||
5 | challenging behaviors, and to understand trauma and | ||||||
6 | trauma-informed care, cultural competence, family | ||||||
7 | engagement with diverse populations, the impact of | ||||||
8 | implicit bias on adult behavior, and the use of | ||||||
9 | reflective practice techniques. Support shall include | ||||||
10 | the availability of resources to contract with infant | ||||||
11 | and early childhood mental health consultants. | ||||||
12 | (G) Beginning on July 1, 2018, early childhood | ||||||
13 | programs shall annually report to the State Board of | ||||||
14 | Education, and, beginning in fiscal year 2020, the | ||||||
15 | State Board of Education shall make available on a | ||||||
16 | biennial basis, in an existing report, all of the | ||||||
17 | following data for children from birth to age 5 who are | ||||||
18 | served by the program: | ||||||
19 | (i) Total number served over the course of the | ||||||
20 | program year and the total number of children who | ||||||
21 | left the program during the program year. | ||||||
22 | (ii) Number of planned transitions to another | ||||||
23 | program due to children's behavior, by children's | ||||||
24 | race, gender, disability, language, class/group | ||||||
25 | size, teacher-child ratio, and length of program | ||||||
26 | day. |
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1 | (iii) Number of temporary removals of a child | ||||||
2 | from attendance in group settings due to a serious | ||||||
3 | safety threat under subparagraph (E) of this | ||||||
4 | paragraph (7), by children's race, gender, | ||||||
5 | disability, language, class/group size, | ||||||
6 | teacher-child ratio, and length of program day. | ||||||
7 | (iv) Hours of infant and early childhood | ||||||
8 | mental health consultant contact with program | ||||||
9 | leaders, staff, and families over the program | ||||||
10 | year. | ||||||
11 | (H) Changes to services for children with an | ||||||
12 | individualized education program or individual family | ||||||
13 | service plan shall be construed in a manner consistent | ||||||
14 | with the federal Individuals with Disabilities | ||||||
15 | Education Act. | ||||||
16 | The State Board of Education, in consultation with the | ||||||
17 | Governor's Office of Early Childhood Development and the | ||||||
18 | Department of Children and Family Services, shall adopt | ||||||
19 | rules to administer this paragraph (7). | ||||||
20 | (8) In order to ensure the quality and continuity of | ||||||
21 | services, within 6 months after the effective date of this | ||||||
22 | amendatory Act of the 103rd General Assembly all grant | ||||||
23 | agreements shall require each child care center to do the | ||||||
24 | following: | ||||||
25 | (A) Comply with the wage floor and compensation | ||||||
26 | policies set forth in Section 45-10 of the Early Childhood |
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1 | Workforce Act. | ||||||
2 | (B) Report quarterly up-to-date contact information | ||||||
3 | for staff to the Department to allow the State Board of | ||||||
4 | Education to communicate with the workers about their | ||||||
5 | rights and supports available to them. | ||||||
6 | (C) Supply the State Board of Education with current | ||||||
7 | copies of its (i) wage scales for classroom and support | ||||||
8 | staff, (ii) formal procedures for addressing employee | ||||||
9 | grievances, and (iii) records of classroom and support | ||||||
10 | staff participation in creation of personnel and | ||||||
11 | operational policies. | ||||||
12 | (D) Reconcile expenses quarterly and annually submit a | ||||||
13 | year-end comprehensive financial report in a form | ||||||
14 | prescribed by the State Board of Education which includes | ||||||
15 | a detailed breakdown of the uses of funding including | ||||||
16 | amounts spent on workforce compensation and supports. | ||||||
17 | (b) (Blank).
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18 | (c) Notwithstanding any other provisions of this Section, | ||||||
19 | grantees may serve children ages 0 to 12 of essential workers | ||||||
20 | if the Governor has declared a disaster due to a public health | ||||||
21 | emergency pursuant to Section 7 of the Illinois Emergency | ||||||
22 | Management Agency Act. For the purposes of this subsection, | ||||||
23 | essential workers include those outlined in Executive Order | ||||||
24 | 20-8 and school employees. The State Board of Education shall | ||||||
25 | adopt rules to administer this subsection. | ||||||
26 | (Source: P.A. 100-105, eff. 1-1-18; 100-645, eff. 7-27-18; |
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1 | 101-643, eff. 6-18-20.)
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2 | Section 10. The Illinois Public Aid Code is amended by | ||||||
3 | changing Section 9A-11 as follows:
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4 | (305 ILCS 5/9A-11) (from Ch. 23, par. 9A-11)
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5 | Sec. 9A-11. Child care.
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6 | (a) The General Assembly recognizes that families with | ||||||
7 | children need child
care in order to work. Child care is | ||||||
8 | expensive and families with low incomes,
including those who | ||||||
9 | are transitioning from welfare to work, often struggle to
pay | ||||||
10 | the costs of day care. The
General Assembly understands the | ||||||
11 | importance of helping low-income working
families become and | ||||||
12 | remain self-sufficient. The General Assembly also believes
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13 | that it is the responsibility of families to share in the costs | ||||||
14 | of child care.
It is also the preference of the General | ||||||
15 | Assembly that all working poor
families should be treated | ||||||
16 | equally, regardless of their welfare status.
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17 | (b) To the extent resources permit, the Illinois | ||||||
18 | Department shall provide
child care services to parents or | ||||||
19 | other relatives as defined by rule who are
working or | ||||||
20 | participating in employment or Department approved
education | ||||||
21 | or training programs. At a minimum, the Illinois Department | ||||||
22 | shall
cover the following categories of families:
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23 | (1) recipients of TANF under Article IV participating | ||||||
24 | in work and training
activities as specified in the |
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1 | personal plan for employment and
self-sufficiency;
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2 | (2) families transitioning from TANF to work;
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3 | (3) families at risk of becoming recipients of TANF;
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4 | (4) families with special needs as defined by rule;
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5 | (5) working families with very low incomes as defined | ||||||
6 | by rule;
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7 | (6) families that are not recipients of TANF and that | ||||||
8 | need child care assistance to participate in education and | ||||||
9 | training activities; | ||||||
10 | (7) youth in care, as defined in Section 4d of the | ||||||
11 | Children and Family Services Act, who are parents, | ||||||
12 | regardless of income or whether they are working or | ||||||
13 | participating in Department-approved employment or | ||||||
14 | education or training programs. Any family that receives | ||||||
15 | child care assistance in accordance with this paragraph | ||||||
16 | shall receive one additional 12-month child care | ||||||
17 | eligibility period after the parenting youth in care's | ||||||
18 | case with the Department of Children and Family Services | ||||||
19 | is closed, regardless of income or whether the parenting | ||||||
20 | youth in care is working or participating in | ||||||
21 | Department-approved employment or education or training | ||||||
22 | programs; | ||||||
23 | (8) families receiving Extended Family Support Program | ||||||
24 | services from the Department of Children and Family | ||||||
25 | Services, regardless of income or whether they are working | ||||||
26 | or participating in Department-approved employment or |
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1 | education or training programs; and | ||||||
2 | (9) families with children under the age of 5 who have | ||||||
3 | an open intact family services case with the Department of | ||||||
4 | Children and Family Services. Any family that receives | ||||||
5 | child care assistance in accordance with this paragraph | ||||||
6 | shall remain eligible for child care assistance 6 months | ||||||
7 | after the child's intact family services case is closed, | ||||||
8 | regardless of whether the child's parents or other | ||||||
9 | relatives as defined by rule are working or participating | ||||||
10 | in Department approved employment or education or training | ||||||
11 | programs. The Department of Human Services, in | ||||||
12 | consultation with the Department of Children and Family | ||||||
13 | Services, shall adopt rules to protect the privacy of | ||||||
14 | families who are the subject of an open intact family | ||||||
15 | services case when such families enroll in child care | ||||||
16 | services. Additional rules shall be adopted to offer | ||||||
17 | children who have an open intact family services case the | ||||||
18 | opportunity to receive an Early Intervention screening and | ||||||
19 | other services that their families may be eligible for as | ||||||
20 | provided by the Department of Human Services. | ||||||
21 | Beginning October 1, 2023, and every October 1 thereafter, | ||||||
22 | the Department of Children and Family Services shall report to | ||||||
23 | the General Assembly on the number of children who received | ||||||
24 | child care via vouchers paid for by the Department of Children | ||||||
25 | and Family Services during the preceding fiscal year. The | ||||||
26 | report shall include the ages of children who received child |
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1 | care, the type of child care they received, and the number of | ||||||
2 | months they received child care. | ||||||
3 | The Department shall specify by rule the conditions of | ||||||
4 | eligibility, the
application process, and the types, amounts, | ||||||
5 | and duration of services.
Eligibility for
child care benefits | ||||||
6 | and the amount of child care provided may vary based on
family | ||||||
7 | size, income,
and other factors as specified by rule.
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8 | The Department shall update the Child Care Assistance | ||||||
9 | Program Eligibility Calculator posted on its website to | ||||||
10 | include a question on whether a family is applying for child | ||||||
11 | care assistance for the first time or is applying for a | ||||||
12 | redetermination of eligibility. | ||||||
13 | A family's eligibility for child care services shall be | ||||||
14 | redetermined no sooner than 12 months following the initial | ||||||
15 | determination or most recent redetermination. During the | ||||||
16 | 12-month periods, the family shall remain eligible for child | ||||||
17 | care services regardless of (i) a change in family income, | ||||||
18 | unless family income exceeds 85% of State median income, or | ||||||
19 | (ii) a temporary change in the ongoing status of the parents or | ||||||
20 | other relatives, as defined by rule, as working or attending a | ||||||
21 | job training or educational program. | ||||||
22 | In determining income eligibility for child care benefits, | ||||||
23 | the Department
annually, at the beginning of each fiscal year, | ||||||
24 | shall
establish, by rule, one income threshold for each family | ||||||
25 | size, in relation to
percentage of State median income for a | ||||||
26 | family of that size, that makes
families with incomes below |
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1 | the specified threshold eligible for assistance
and families | ||||||
2 | with incomes above the specified threshold ineligible for
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3 | assistance. Through and including fiscal year 2007, the | ||||||
4 | specified threshold must be no less than 50% of the
| ||||||
5 | then-current State median income for each family size. | ||||||
6 | Beginning in fiscal year 2008, the specified threshold must be | ||||||
7 | no less than 185% of the then-current federal poverty level | ||||||
8 | for each family size. Notwithstanding any other provision of | ||||||
9 | law or administrative rule to the contrary, beginning in | ||||||
10 | fiscal year 2019, the specified threshold for working families | ||||||
11 | with very low incomes as defined by rule must be no less than | ||||||
12 | 185% of the then-current federal poverty level for each family | ||||||
13 | size. Notwithstanding any other provision of law or | ||||||
14 | administrative rule to the contrary, beginning in State fiscal | ||||||
15 | year 2022, the specified
income threshold shall be no less | ||||||
16 | than 200% of the
then-current federal poverty level for each | ||||||
17 | family size.
| ||||||
18 | In determining eligibility for
assistance, the Department | ||||||
19 | shall not give preference to any category of
recipients
or | ||||||
20 | give preference to individuals based on their receipt of | ||||||
21 | benefits under this
Code.
| ||||||
22 | Nothing in this Section shall be
construed as conferring | ||||||
23 | entitlement status to eligible families.
| ||||||
24 | The Illinois
Department is authorized to lower income | ||||||
25 | eligibility ceilings, raise parent
co-payments, create waiting | ||||||
26 | lists, or take such other actions during a fiscal
year as are |
| |||||||
| |||||||
1 | necessary to ensure that child care benefits paid under this
| ||||||
2 | Article do not exceed the amounts appropriated for those child | ||||||
3 | care benefits.
These changes may be accomplished by emergency | ||||||
4 | rule under Section 5-45 of the
Illinois Administrative | ||||||
5 | Procedure Act, except that the limitation on the number
of | ||||||
6 | emergency rules that may be adopted in a 24-month period shall | ||||||
7 | not apply.
| ||||||
8 | The Illinois Department may contract with other State | ||||||
9 | agencies or child care
organizations for the administration of | ||||||
10 | child care services.
| ||||||
11 | (c) Payment shall be made for child care that otherwise | ||||||
12 | meets the
requirements of this Section and applicable | ||||||
13 | standards of State and local
law and regulation, including any | ||||||
14 | requirements the Illinois Department
promulgates by rule in | ||||||
15 | addition to the licensure
requirements
promulgated by the | ||||||
16 | Department of Children and Family Services and Fire
Prevention | ||||||
17 | and Safety requirements promulgated by the Office of the State
| ||||||
18 | Fire Marshal, and is provided in any of the following:
| ||||||
19 | (1) a child care center which is licensed or exempt | ||||||
20 | from licensure
pursuant to Section 2.09 of the Child Care | ||||||
21 | Act of 1969;
| ||||||
22 | (2) a licensed child care home or home exempt from | ||||||
23 | licensing;
| ||||||
24 | (3) a licensed group child care home;
| ||||||
25 | (4) other types of child care, including child care | ||||||
26 | provided
by relatives or persons living in the same home |
| |||||||
| |||||||
1 | as the child, as determined by
the Illinois Department by | ||||||
2 | rule.
| ||||||
3 | (c-5)
Solely for the purposes of coverage under the | ||||||
4 | Illinois Public Labor Relations Act, child and day care home | ||||||
5 | providers, including licensed and license exempt, | ||||||
6 | participating in the Department's child care assistance | ||||||
7 | program shall be considered to be public employees and the | ||||||
8 | State of Illinois shall be considered to be their employer as | ||||||
9 | of January 1, 2006 (the effective date of Public Act 94-320), | ||||||
10 | but not before. The State shall engage in collective | ||||||
11 | bargaining with an exclusive representative of child and day | ||||||
12 | care home providers participating in the child care assistance | ||||||
13 | program concerning their terms and conditions of employment | ||||||
14 | that are within the State's control. Nothing in this | ||||||
15 | subsection shall be understood to limit the right of families | ||||||
16 | receiving services defined in this Section to select child and | ||||||
17 | day care home providers or supervise them within the limits of | ||||||
18 | this Section. The State shall not be considered to be the | ||||||
19 | employer of child and day care home providers for any purposes | ||||||
20 | not specifically provided in Public Act 94-320, including, but | ||||||
21 | not limited to, purposes of vicarious liability in tort and | ||||||
22 | purposes of statutory retirement or health insurance benefits. | ||||||
23 | Child and day care home providers shall not be covered by the | ||||||
24 | State Employees Group Insurance Act of 1971. | ||||||
25 | In according child and day care home providers and their | ||||||
26 | selected representative rights under the Illinois Public Labor |
| |||||||
| |||||||
1 | Relations Act, the State intends that the State action | ||||||
2 | exemption to application of federal and State antitrust laws | ||||||
3 | be fully available to the extent that their activities are | ||||||
4 | authorized by Public Act 94-320.
| ||||||
5 | (d) The Illinois Department shall establish, by rule, a | ||||||
6 | co-payment scale that provides for cost sharing by families | ||||||
7 | that receive
child care services, including parents whose only | ||||||
8 | income is from
assistance under this Code. The co-payment | ||||||
9 | shall be based on family income and family size and may be | ||||||
10 | based on other factors as appropriate. Co-payments may be | ||||||
11 | waived for families whose incomes are at or below the federal | ||||||
12 | poverty level.
| ||||||
13 | (d-5) The Illinois Department, in consultation with its | ||||||
14 | Child Care and Development Advisory Council, shall develop a | ||||||
15 | plan to revise the child care assistance program's co-payment | ||||||
16 | scale. The plan shall be completed no later than February 1, | ||||||
17 | 2008, and shall include: | ||||||
18 | (1) findings as to the percentage of income that the | ||||||
19 | average American family spends on child care and the | ||||||
20 | relative amounts that low-income families and the average | ||||||
21 | American family spend on other necessities of life;
| ||||||
22 | (2) recommendations for revising the child care | ||||||
23 | co-payment scale to assure that families receiving child | ||||||
24 | care services from the Department are paying no more than | ||||||
25 | they can reasonably afford; | ||||||
26 | (3) recommendations for revising the child care |
| |||||||
| |||||||
1 | co-payment scale to provide at-risk children with complete | ||||||
2 | access to Preschool for All and Head Start; and | ||||||
3 | (4) recommendations for changes in child care program | ||||||
4 | policies that affect the affordability of child care.
| ||||||
5 | (e) (Blank).
| ||||||
6 | (f) The Illinois Department shall, by rule, set rates to | ||||||
7 | be paid for the
various types of child care. Child care may be | ||||||
8 | provided through one of the
following methods:
| ||||||
9 | (1) arranging the child care through eligible | ||||||
10 | providers by use of
purchase of service contracts or | ||||||
11 | vouchers;
| ||||||
12 | (2) arranging with other agencies and community | ||||||
13 | volunteer groups for
non-reimbursed child care;
| ||||||
14 | (3) (blank); or
| ||||||
15 | (4) adopting such other arrangements as the Department | ||||||
16 | determines
appropriate.
| ||||||
17 | (f-1) Within 30 days after June 4, 2018 (the effective | ||||||
18 | date of Public Act 100-587), the Department of Human Services | ||||||
19 | shall establish rates for child care providers that are no | ||||||
20 | less than the rates in effect on January 1, 2018 increased by | ||||||
21 | 4.26%. | ||||||
22 | (f-5) (Blank). | ||||||
23 | (f-10) When child care is arranged by use of purchase of | ||||||
24 | service contracts, in order to ensure the quality and | ||||||
25 | continuity of services, within 6 months after the effective | ||||||
26 | date of this amendatory Act of the 103rd General Assembly all |
| |||||||
| |||||||
1 | contracts shall require each child care center to do the | ||||||
2 | following: | ||||||
3 | (1) Comply with the wage floor and compensation | ||||||
4 | policies set forth in Section 45-10 of the Early Childhood | ||||||
5 | Workforce Act. | ||||||
6 | (2) Report quarterly up-to-date contact information | ||||||
7 | for staff to the Department to allow the Department to | ||||||
8 | communicate with the workers about their rights and | ||||||
9 | supports available to them. | ||||||
10 | (3) Supply the Department with current copies of its | ||||||
11 | (i) wage scales for classroom and support staff, (ii) | ||||||
12 | formal procedures for addressing employee grievances, and | ||||||
13 | (iii) records of classroom and support staff participation | ||||||
14 | in creation of personnel and operational policies. | ||||||
15 | (4) Reconcile expenses quarterly and annually submit a | ||||||
16 | year-end comprehensive financial report in a form | ||||||
17 | prescribed by the Department which includes a detailed | ||||||
18 | breakdown of the uses of funding including amounts spent | ||||||
19 | on workforce compensation and supports. | ||||||
20 | (g) Families eligible for assistance under this Section | ||||||
21 | shall be given the
following options:
| ||||||
22 | (1) receiving a child care certificate issued by the | ||||||
23 | Department or a
subcontractor of the Department that may | ||||||
24 | be used by the parents as payment for
child care and | ||||||
25 | development services only; or
| ||||||
26 | (2) if space is available, enrolling the child with a |
| |||||||
| |||||||
1 | child care provider
that has a purchase of service | ||||||
2 | contract with the Department or a subcontractor
of the | ||||||
3 | Department for the provision of child care and development | ||||||
4 | services.
The Department may identify particular priority | ||||||
5 | populations for whom they may
request special | ||||||
6 | consideration by a provider with purchase of service
| ||||||
7 | contracts, provided that the providers shall be permitted | ||||||
8 | to maintain a balance
of clients in terms of household | ||||||
9 | incomes and families and children with special
needs, as | ||||||
10 | defined by rule.
| ||||||
11 | (Source: P.A. 101-81, eff. 7-12-19; 101-657, eff. 3-23-21; | ||||||
12 | 102-491, eff. 8-20-21; 102-813, eff. 5-13-22; 102-926, eff. | ||||||
13 | 5-27-22.)
| ||||||
14 | Section 15. The Early Childhood Workforce Act is amended | ||||||
15 | by adding Sections 45-10 and 45-15 as follows:
| ||||||
16 | (325 ILCS 80/45-10 new) | ||||||
17 | Sec. 45-10. Wage floor and compensation. | ||||||
18 | (a) The Early Childhood Workforce Standards Board is | ||||||
19 | created. The Board shall consist of the following members who | ||||||
20 | must be appointed within 60 days after the effective date of | ||||||
21 | this amendatory Act of the 103rd General Assembly: | ||||||
22 | (1) Two members of a labor union representing child | ||||||
23 | care workers who serve children in the Child Care | ||||||
24 | Assistance Program and the Preschool for All program. |
| |||||||
| |||||||
1 | (2) Two representatives of early childhood programs. | ||||||
2 | (3) Two members of the public who are parents or | ||||||
3 | guardians of children in the Child Care Assistance Program | ||||||
4 | or the Preschool for All program. | ||||||
5 | (4) One representative of the Governor's Office of | ||||||
6 | Early Childhood Development. | ||||||
7 | (b) For State Fiscal Year 2025, and for each state fiscal | ||||||
8 | year thereafter, the Early Childhood Workforce Standards Board | ||||||
9 | shall determine the following: | ||||||
10 | (1) An hourly wage floor, and salaried equivalent, for | ||||||
11 | workers in State-funded early childhood programs which, | ||||||
12 | based on investigation, the Board believes will serve to | ||||||
13 | recruit and retain early childhood workers. | ||||||
14 | (2) Minimum increments above the wage floor as may be | ||||||
15 | necessary to retain workers in State-funded early | ||||||
16 | childhood programs such as for years of experience or job | ||||||
17 | title. | ||||||
18 | (c) Notwithstanding subsection (b) or any other provision | ||||||
19 | of law, the wage floor in State Fiscal Year 2027 and after | ||||||
20 | shall be no lower than $25 per hour.
| ||||||
21 | (325 ILCS 80/45-15 new) | ||||||
22 | Sec. 45-15. Training and mentorship. Subject to | ||||||
23 | appropriation, beginning in State Fiscal Year 2025 the | ||||||
24 | Department of Human Services shall implement and administer a | ||||||
25 | program making grants to early childhood worker training |
| |||||||
| |||||||
1 | programs that value experience, inclusion, equity, and racial | ||||||
2 | justice; and center worker voices and needs such as | ||||||
3 | mentorship, apprenticeships, and peer-led learning.
|