Illinois General Assembly - Full Text of SB1388
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Full Text of SB1388  103rd General Assembly



State of Illinois
2023 and 2024


Introduced 2/6/2023, by Sen. Cristina H. Pacione-Zayas


105 ILCS 5/2-3.71  from Ch. 122, par. 2-3.71

    Amends the School Code. Makes a technical change in a Section concerning grants for preschool educational programs.

LRB103 29995 RJT 56415 b





SB1388LRB103 29995 RJT 56415 b

1    AN ACT concerning early childhood education.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The School Code is amended by changing Section
52-3.71 as follows:
6    (105 ILCS 5/2-3.71)  (from Ch. 122, par. 2-3.71)
7    Sec. 2-3.71. Grants for preschool educational programs.
8    (a) Preschool program.
9        (1) The The State Board of Education shall implement
10    and administer a grant program under the provisions of
11    this subsection which shall consist of grants to public
12    school districts and other eligible entities, as defined
13    by the State Board of Education, to conduct voluntary
14    preschool educational programs for children ages 3 to 5
15    which include a parent education component. A public
16    school district which receives grants under this
17    subsection may subcontract with other entities that are
18    eligible to conduct a preschool educational program. These
19    grants must be used to supplement, not supplant, funds
20    received from any other source.
21        (2) (Blank).
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.
22        (4) (Blank).
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
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.
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.
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    (b) (Blank).
21    (c) Notwithstanding any other provisions of this Section,
22grantees may serve children ages 0 to 12 of essential workers
23if the Governor has declared a disaster due to a public health
24emergency pursuant to Section 7 of the Illinois Emergency
25Management Agency Act. For the purposes of this subsection,
26essential workers include those outlined in Executive Order



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120-8 and school employees. The State Board of Education shall
2adopt rules to administer this subsection.
3(Source: P.A. 100-105, eff. 1-1-18; 100-645, eff. 7-27-18;
4101-643, eff. 6-18-20.)