Bill Amendment: IL HB2310 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: EARLY CHILDHOOD WORKFORCE

Status: 2023-03-27 - House Floor Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB2310 Detail]

Download: Illinois-2023-HB2310-House_Amendment_001.html

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Rep. Will Guzzardi

Filed: 3/21/2023

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AMENDMENT TO HOUSE BILL 2310
AMENDMENT NO. ______. Amend House Bill 2310 by replacing
everything after the enacting clause with the following:
"Section 5. The School Code is amended by changing Section
2-3.71 as follows:
(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) 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

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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 2023-2024 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

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hours of postsecondary coursework in the area of early
childhood education.
(4) (Blank).
(4.5) 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
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. 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

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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,
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

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statutory and regulatory requirements;
(K) improving local planning and collaboration;
and
(L) providing comprehensive services for the
neediest Illinois children and families.
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 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.
(5) 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 children in their
communities and provide preschool programs, pursuant to
this subsection, where appropriate.

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(6) 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. The State Board of Education shall assess the
academic progress of all students who have been enrolled
in preschool educational programs.
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 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.
(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

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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
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

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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
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

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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
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
reflective practice techniques. Support shall include
the availability of resources to contract with infant
and early childhood mental health consultants.
(G) 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

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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
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 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).

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(8) In order to ensure the quality and continuity of
services, within 6 months after the effective date of this
amendatory Act of the 103rd General Assembly, all grant
agreements shall require each child care center to do the
following:
(A) Comply with the wage floor and compensation
policies set forth in Section 45-10 of the Early
Childhood Workforce Act, if the State, subject to
appropriation, pays contracts and grants that are
sufficient to comply with the wage floor and
compensation policies set forth in Section 45-10 of
the Early Childhood Workforce Act.
(B) 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.
(C) Supply the State Board of Education with
current copies of its: (i) wage scales for classroom
and support staff, (ii) formal procedures for
addressing employee grievances, and (iii) records of
classroom and support staff participation in creation
of personnel and operational policies.
(D) Reconcile expenses quarterly and annually
submit a year-end comprehensive financial report in a
form prescribed by the State Board of Education which

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includes a detailed breakdown of the uses of funding
including amounts spent on workforce compensation and
supports.
(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.
(Source: P.A. 100-105, eff. 1-1-18; 100-645, eff. 7-27-18;
101-643, eff. 6-18-20.)
Section 10. The Illinois Public Aid Code is amended by
changing Section 9A-11 as follows:
(305 ILCS 5/9A-11) (from Ch. 23, par. 9A-11)
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 low incomes, 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 low-income working families become and

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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 poor families 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;
(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

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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
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 Human Services, in
consultation with the Department of Children and Family
Services, shall adopt rules to protect the privacy of

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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, 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 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
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

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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
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

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administrative rule to the contrary, beginning in State fiscal
year 2022, the specified income threshold shall be no less
than 200% 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
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

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requirements the Illinois Department promulgates by rule 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
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

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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
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

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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
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;

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(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
4.26%.
(f-5) (Blank).
(f-10) When child care is provided by a child care center
either licensed or exempt from licensure under Section 2.09 of
the Child Care Act of 1969 by use of purchase of service
contracts, grants, or any arrangements other than vouchers, in
order to ensure the quality and continuity of services, within
6 months after the effective date of this amendatory Act of the
103rd General Assembly, all contracts shall require each child
care center to do the following:
(1) Comply with the wage floor and compensation
policies set forth in Section 45-10 of the Early Childhood
Workforce Act, if the State, subject to appropriation,
pays contracts, grants, and any arrangements other than
vouchers that are sufficient to comply with the wage floor
and compensation policies set forth in Section 45-10 of
the Early Childhood Workforce Act.
(2) Report quarterly up-to-date contact information
for staff to the Department to allow the Department to

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communicate with the workers about their rights and
supports available to them.
(3) Supply the Department with current copies of its:
(i) wage scales for classroom and support staff, (ii)
formal procedures for addressing employee grievances, and
(iii) records of classroom and support staff participation
in creation of personnel and operational policies.
(4) Reconcile expenses quarterly and annually submit a
year-end comprehensive financial report in a form
prescribed by the Department which includes a detailed
breakdown of the uses of funding including amounts spent
on workforce compensation and supports.
(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

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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. 101-81, eff. 7-12-19; 101-657, eff. 3-23-21;
102-491, eff. 8-20-21; 102-813, eff. 5-13-22; 102-926, eff.
5-27-22.)
Section 15. The Early Childhood Workforce Act is amended
by adding Sections 45-10 and 45-15 as follows:
(325 ILCS 80/45-10 new)
Sec. 45-10. Wage floor and compensation.
(a) The Early Childhood Workforce Standards Board is
created. The Board shall consist of the following members who
must be appointed within 60 days after the effective date of
this amendatory Act of the 103rd General Assembly:
(1) Three members of a labor union representing child
care workers who serve children in the Child Care
Assistance Program and the Preschool for All program.
(2) Two employer representatives of early childhood
programs that are recipients of both Child Care Assistance
Program and Preschool for All program contracts or grants.
(3) Two members of the public who are parents or
guardians of children in the Child Care Assistance Program
or the Preschool for All program.
(4) One representative of a nongovernmental advocacy

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organization with an interest in early childhood care and
education.
(5) One representative of a State agency or division
concerned with child care and early learning.
(b) Members of the Board shall serve 4-year terms without
pay and shall make and establish rules and regulations
governing the Board and its proceedings. Terms of the initial
members shall be staggered as follows:
(1) For members who are labor union representatives,
one shall serve for 2 years, one shall serve for 3 years,
and one shall serve for 4 years.
(2) For members who are employer representatives, one
shall serve for 2 years and one shall serve for 3 years.
(3) For members of the public who are parents, one
shall serve for one year and one shall serve for 2 years.
(4) For the member who represents a nongovernment
advocacy organization, a term of 3 years.
(5) For the member who represents a State agency or
division, a term of 4 years.
(c) For State Fiscal Year 2025, and for each State fiscal
year thereafter, the Early Childhood Workforce Standards Board
shall determine the following for child care centers which are
licensed or exempt from licensure under Section 2.09 of the
Child Care Act of 1969:
(1) An hourly wage floor, and salaried equivalent, for
workers in State-funded early childhood programs which,

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based on investigation, the Board believes will serve to
recruit and retain early childhood workers.
(2) 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.
The Board shall issue recommendations on what terms of
contract, a grant, or other State funding will be sufficient
to comply with the wage floor and compensation policies it
sets forth.
(d) Notwithstanding subsection (c) or any other provision
of law, the wage floor in State Fiscal Year 2028 and after
shall be no lower than $25 per hour.
(e) The Board shall utilize interdisciplinary,
interinstitutional collaborations from key stakeholders as
well as public hearings with interested parties and key
stakeholders to conduct research, establish its findings, and
define the implementation of the wage floor determined under
subsections (c) and (d).
(f) The Board shall receive administrative support from
the Department of Human Services.
(325 ILCS 80/45-15 new)
Sec. 45-15. Training and mentorship. Subject to
appropriation, beginning in State Fiscal Year 2025, the
Department of Human Services shall implement and administer a

10300HB2310ham001 - 26 - LRB103 29001 KTG 59540 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.".