Public Act 103-0410
 
HB2396 EnrolledLRB103 30800 RJT 57293 b


  
    AN ACT concerning education.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  



 
 
    Section 5. The School Code is amended  by adding Section 
10-22.18e and by changing Sections 10-20.19a and 10-22.18 as 
follows:
 



    (105 ILCS 5/10-20.19a)  (from Ch. 122, par. 10-20.19a)



    Sec. 10-20.19a. Kindergartens. After July 1, 1970, to 
establish and
maintain kindergartens for the instruction of 
children in accordance with
rules and regulations prescribed 
by the State Board of Education.  Such
kindergartens may 
provide for either a 1/2 day or a full day of attendance
for 
pupils enrolled therein.

    This Section is repealed on July 1, 2023. 
(Source: P.A. 84-18.)

 



    (105 ILCS 5/10-22.18)  (from Ch. 122, par. 10-22.18)



    Sec. 10-22.18. Kindergartens. 
    (a) To establish kindergartens for the
instruction of 
children between the
ages of 4 and 6 years, if in their 
judgment the public interest requires
it, and to pay the 
necessary expenses thereof out of the school funds of
the 
district. Until the 2027-2028 school year, upon  Upon petition 
of at
least 50 parents or guardians of children
between the 
ages of 4 and 6, residing within any school district and within

one mile of the public school where such kindergarten is 
proposed to be
established, the board of directors shall, if 
funds are available,
establish a kindergarten in connection 
with the public school designated in
the petition and maintain 
it as long as the annual average daily attendance
therein is 
not less than 15. Until the 2027-2028 school year, the The 
board may establish a kindergarten with
half-day attendance or 
with full-day attendance; however, if .  If the board 
establishes
full-day kindergarten, it shall also establish 
half-day kindergarten. Beginning with the 2027-2028 school 
year, each school board must establish a kindergarten with 
full-day attendance and may establish a kindergarten with 
half-day attendance. Full-day and half-day kindergarten should 
be developmentally appropriate and provide opportunities for 
play-based learning.
No one shall be employed to teach in a 
kindergarten who does not hold a license
 as provided by law.

    (b) An elementary or unit school district that does not 
offer full-day kindergarten as of October 1, 2022, may, by 
action of the State Board of Education, apply for an extension 
of the 2027-2028 school year implementation deadline for 2 
additional years if one of the following criteria are met:
        (1) the school district is funded below 76% of 
    adequacy according to the Evidence-Based Funding formula 
    under Section 18-8.15 of this Code in Fiscal Year 2023;
        (2) the school district is ranked in the top 25% of 
    capital funding need by the Full-Day Kindergarten Task 
    Force, but has yet to receive capital funding as of the 
    date of the application; or 
        (3) the school district meets a criterion set by the 
    State Board of Education based on the Full-Day 
    Kindergarten Task Force's recommendations under subsection 
    (b) of Section 10-22.18e of this Code. 
(Source: P.A. 102-894, eff. 5-20-22.)

 
    (105 ILCS 5/10-22.18e new)
    Sec. 10-22.18e. Full-Day Kindergarten Task Force.
    (a) The Full-Day Kindergarten Task Force is created for 
the purpose of conducting a statewide audit to inform the 
planning and implementation of full-day kindergarten in the 
State and shall, at a minimum, collect, analyze, and report 
the following: 
        (1) the number of elementary and unit school districts 
    in the State that are currently offering kindergarten, 
    including the number offering full-day kindergarten, the 
    number offering part-day kindergarten, and the number 
    offering both part-day kindergarten and full-day 
    kindergarten;
        (2) the number of students currently enrolled in 
    kindergarten in the State, including the number enrolled 
    in full-day kindergarten, the number enrolled in part-day 
    kindergarten, the total number enrolled in either part-day 
    kindergarten or full-day kindergarten, and the number of 
    children on any waitlists for part-day or full-day 
    kindergarten; 
        (3) for all elementary and unit school districts, an 
    estimate of the number of students eligible for 
    kindergarten;
        (4) for all elementary and unit school districts that 
    do not currently offer full-day kindergarten, an analysis 
    of their space utilization rate and an assessment of 
    district capacity to provide space for full-day 
    kindergarten classrooms; 
        (5) for all elementary and unit school districts that 
    do not currently offer full-day kindergarten and are found 
    to have insufficient capacity to provide space for 
    full-day kindergarten classrooms, an estimate of the costs 
    associated with providing full-day kindergarten 
    classrooms;
        (6) recommendations on how available capital funds for 
    full-day kindergarten might be disbursed to school 
    districts to prioritize districts most in need of State 
    resources; and 
        (7) other data or recommendations that would support 
    the State or individual school districts in offering 
    full-day kindergarten. Such recommendations may include an 
    analysis of other start-up or categorical costs associated 
    with offering full-day kindergarten.
    (b) Based on the findings reported under subsection (a) of 
this Section, the Task Force may recommend that the State 
Board of Education consider an additional criterion when 
granting a waiver under subsection (b) of  Section 10-22.18 of 
this Code. The State Board of Education shall make a final 
determination regarding this additional factor and provide 
public notice of that determination by no later than July 1, 
2025. 
    (c) Members of the Full-Day Kindergarten Task Force shall 
be appointed by no later than October 1, 2023 and shall possess 
the expertise needed to complete the report and 
recommendations.  Members appointed to the Task Force must 
reflect the racial, ethnic, and geographic diversity of this 
State. Task Force members shall include all of the following:
        (1) The State Superintendent of Education or the 
    Superintendent's designee. 
        (2) Three members appointed by the State Board of 
    Education with relevant expertise.
        (3) One member who represents the Capital Development 
    Board, appointed by the State Superintendent of Education. 
        (4) One member from an organization with expertise in 
    school construction and facilities financing, appointed by 
    the State Superintendent of Education.
        (5) One member from an organization with expertise in 
    local, State, and federal tax and budget related issues, 
    appointed by the State Superintendent of Education. 
        (6) One member of a statewide professional teachers' 
    organization who is a kindergarten teacher, appointed by 
    the State Superintendent of Education.
        (7) One member of another statewide professional 
    teachers' organization who is a kindergarten teacher, 
    appointed by the State Superintendent of Education. 
        (8) One member who represents a statewide organization 
    of school business officials and has experience overseeing 
    schools with kindergarten programs, appointed by the State 
    Superintendent of Education.
        (9) One member who represents a statewide organization 
    of principals and has experience overseeing schools with 
    kindergarten programs, appointed by the State 
    Superintendent of Education. 
        (10) One member who represents a statewide 
    organization of school boards and has experience 
    overseeing schools with kindergarten programs, appointed 
    by the State Superintendent of Education.
        (11) Three members who are parents of students, one of 
    whom is from an urban elementary or unit school district, 
    one of whom is from a rural elementary or unit school 
    district, and one of whom is from a suburban elementary or 
    unit school district, all appointed by the State 
    Superintendent of Education. 
        (12) One member who represents a statewide 
    organization of school districts and has experience 
    overseeing schools with kindergarten programs, appointed 
    by the State Superintendent of Education.
        (13) One member who represents an elementary or unit 
    school district that is a Tier 3 or Tier 4 school district 
    as defined by Section 18-8.15 of this Code and that does 
    not currently offer full-day kindergarten, appointed by 
    the State Superintendent of Education. 
        (14) One member who represents a school district 
    serving a community with a
population of 500,000 or more, 
    appointed by the State Superintendent of Education.
        (15) One member who represents a rural elementary or 
    unit school district, appointed by the State 
    Superintendent of Education. 
    (d) The Full-Day Kindergarten Task Force shall meet at the 
call of the State Superintendent of Education or the 
Superintendent's designee, who shall serve as the chairperson. 
The State Board of Education shall provide administrative and 
other support to the Task Force. Members of the Task Force 
shall serve without compensation.
    (e) The Full-Day Kindergarten Task Force shall issue an 
interim report by June 30, 2024 and a final report to the 
General Assembly and Governor's Office no later than January 
31, 2025. 
    (f) Upon issuing its final report, the Full-Day 
Kindergarten Task Force is dissolved. 
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law. 
  

Effective Date:  8/2/2023