STATE LAWS     CASE LAW / LITIGATION ABBOTT PRESCHOOL PROGRAM RESEARCH / EXPERTS RESOURCES
 

Illinois
 

State Preschool Program

Overview

The Illinois Prekindergarten Program for Children At Risk of Academic Failure, adopted in 1985, provided state grants to public school districts, child care centers and Head Start programs to conduct preschool education programs for children ages three to five who were at risk of academic failure. Starting in 2006, the state’s Preschool for All initiative expanded eligibility for state funded pre-K to include all age-eligible children, as long as the provider serves primarily at-risk children, or primarily children from families with incomes up to 400% of the Federal Poverty Level. In the inaugural year of the Preschool for All initiative, 100% of the new funding went to programs serving primarily at-risk children. According to the National Institute for Early Education Research (NIEER), Illinois served 23% of all four-year-olds in its public prekindergarten program during the 2005-2006 school year.

State Policy

In 2006, Gov. Rod Blagojevich proposed that Illinois become the first state in the country to offer preschool to all three- and four-year old children and budgeted an additional $45M to serve 10,000 more children in the program in FY 2007. Following the Governor’s proposal, the legislature launched its "Preschool for All Children" initiative, which establishes the policy goal that the preschool program be made available to all families who choose to participate. That initiative was supported by a comprehensive report from the Illinois Early Learning Council, an appointive body formed to oversee implementation of early childhood efforts.

Eligibility Criteria

Illinois’s preschool program serves children ages three to kindergarten enrollment age. First priority for funding for new programs is given to grantees enrolling 51 percent or more children who are determined to be at risk of academic failure by the grantee through screening procedures. In addition, for at least the 2006-2007 and 2007-2008 school years, the program will also be expanded to give second priority for new funding to grantees that serve 51 percent or more children from families with incomes below 400% of the federal poverty level. In 2006-2007, however, all the new funding went to first priority ("primarily at-risk") programs. Children who are undocumented aliens cannot be denied access to the preschool program.

Program Length/Duration

There is no required length of Illinois’s preschool program. The program duration is determined locally based upon available resources and the needs of the children. Most programs operate on a half-day schedule, five days per week.

Funding

An Early Childhood Education Block Grant is distributed on a competitive basis to school districts and other entities that demonstrate need through an application process.

The State Board of Education administers grants to public school districts and other entities to conduct preschool programs. The amount of individual grant awards for preschool programs is determined by the State Superintendent of Education, according to a list of criteria. At least until the end of FY 2008, funding will not be provided to create new at-risk prekindergarten programs, but only to expand existing programs.

Parents and guardians may not be charged any fees for their children to participate in preschool programs.

Quality Standards

In a national survey of quality standards, the National Institute for Early Education Research (NIEER) gave Illinois’s preschool program a high rating of nine out of ten. Illinois requires that every preschool program’s curriculum be developmentally appropriate for each child and address various domains of development. In addition, Illinois requires teachers and assistant teachers to meet high-level certification requirements: a bachelor’s degree and early childhood certificate for teachers and an associate’s degree for assistant teachers. Teachers and assistant teachers must also participate in ongoing professional development. Class size is limited to 20 and the teacher-student ratio may not exceed 1:10. All preschool programs must include a parent training and education component.

Illinois’s preschool program also satisfies NIEER’s standards for vision, hearing and health screening, support services, and site visits. The only NIEER benchmark not met by the program is the requirement of at least one meal a day. (Children in half-day programs are only guaranteed a snack.)

Delivery of Preschool Services

Any public or private not-for-profit or for-profit entity with experience in providing educational, health, social and/or child development services to young children and their families may submit proposals for grants to operate state preschool programs. Eligible applicants may subcontract with private schools, not-for-profit or for-profit corporations, or other governmental agencies to conduct preschool programs, provided the subcontractors meet the same eligibility requirements as grantees. Applicants are encouraged to establish linkages with education, health and social service agencies, and child care providers, and collaboration with Head Start is required. School districts that collaborate with childcare providers are given extra consideration in the approval process.

Requirements for Student Assessment and Program Evaluation

School districts in Illinois are required to evaluate preschool children for school readiness and to provide preschool programs for students at risk of academic failure. Preschool education programs must submit reports documenting the extent to which program objectives have been accomplished. New programs are also reviewed annually.

Legal Framework

Education Clause in State Constitution

The education clause in Illinois’ state constitution states that "[a] fundamental goal of the People of the State is the educational development of all persons to the limits of their capacities" and requires that the state "provide for an efficient system of high quality public educational institutions and services."

Summary of Case Law on School Finance System

Illinois courts have repeatedly held that the "educational development of all persons to the limits of their capacities" is a "fundamental goal" or objective, not a fundamental right under the state’s equal protection clause. Thus, the Illinois Supreme Court held in Committee for Educational Rights v. Edgar that disparities in educational funding did not offend the "efficiency" requirement of the education clause of the state constitution and were rationally related to the legitimate state goal of promoting local control over education. The Court further held that questions relating to the quality of education were not justiciable and that it was the responsibility of the legislature – not the courts -- to establish an adequacy standard.

Summary of Case Law on Preschool

Although the plaintiffs in Committee for Educational Rights v. Edgar specifically alleged that the state funding provided for preschool programs for at risk children was insufficient to serve the number of children who needed such programs, the Illinois Supreme Court did not directly address their preschool claims. Instead, the Court held generally that the state’s funding system did not violate the equal protection and education clauses of the state constitution. Four years later, in Rogy’s New Generation, Inc. v. Department of Revenue, an appellate court noted in a case about the tax status of private day care centers that there is no governmental obligation to educate children under five.

Constitutional Provisions on Public Education

ILCS. Const. art. 10, §1

A fundamental goal of the People of the State is the educational development of all persons to the limits of their capacities.

The state shall provide for an efficient system of high quality public educational institutions and services. Education in public schools through the secondary level shall be free. There may be such other free education as the General Assembly provides by law.

The State has the primary responsibility for financing the system of public education.

Case Law on the Right to Public Education and Preschool

Is Education a Fundamental Right under the State Constitution?

"… [I]t is significant that while the framers of the 1970 Constitution recognized the importance of ‘the educational development of all persons to the limits of their capacities,’ they stopped short of declaring such educational development to be a ‘right,’ choosing instead to identify it as a ‘fundamental goal.’ . . . . While education is certainly a vitally important governmental function,.it is not a fundamental individual right for equal protection purposes." Comm. for Educ. Rights v. Edgar, 174 Ill.2d 1, 36-37, 672 N.E.2d 1178, 1195 (Ill. 1996) (quoting Fumarolo v. Chicago Bd. of Educ., 142 Ill.2d 54, 73-74, 566 N.E.2d 1283 (1990)).

School Finance Cases in Favor of Plaintiffs:

None.

Standard for a Constitutionally Adequate Education:

None. The Illinois Supreme Court declined in Committee for Educational Rights v. Edgar, 174 Ill.2d 1, 28-29, 672 N.E.2d 1178, 1179 (Ill. 1996), to establish a judicial standard for a constitutionally adequate education, stating that "[w]hat constitutes a ‘high quality’ education, and how it may best be provided, cannot be ascertained by any judicially discoverable or manageable standards . . . . Rather, the question of educational quality is inherently one of policy . . .."

School Finance Cases against Plaintiffs:

Blase v. State, 55 Ill.2d 94, 98, 302 N.E.2d 46, 48 (Ill. 1973)

The Illinois Supreme Court held that the constitutional provision giving the state the "primary responsibility for financing the system of public education" was intended only to "express a goal or objective." It does not require the state to "provide not less than fifty percent of the funds needed to operate and maintain public elementary and secondary institutions and services."

Cronin v. Lindberg, 66 Ill.2d 47, 59, 360 N.E.2d 360, 365 (Ill. 1976)

The Illinois Supreme Court upheld the reduction of funding to a school board that did not keep schools open for a full school term, finding it constitutional to condition state aid upon "compliance with certain basic, minimum educational requirements."

Jenkins II v. Leininger, 277 Ill. App. 3d 313, 324, 659 N.E.2d 1366, 1374 (Ill. App. Ct. 1995)

The Appellate Court found that the state's reliance on residence for school assignment determinations was rationally related to the purpose of providing an educational system to all residents and therefore did not violate equal protection.

Comm. for Educ. Rights v. Edgar, 174 Ill.2d 1 23, 40, 672 N.E.2d 1178 1189, 1196 (Ill. 1996)

The Illinois Supreme Court held that disparities in educational funding resulting from differences in local property wealth did not offend the "efficiency" requirement of the education provision of the state constitution and were rationally related to the legitimate state goal of promoting local control of education.

Decisions Ruling School Finance Issues Were Non-Justiciable:

Comm. for Educ. Rights v. Edgar, 174 Ill.2d 1, 32, 672 N.E.2d 1178, 1193 (Ill. 1996)

The Illinois Supreme Court held that the question of whether the educational institutions and services provided by the state were "high quality" was "outside the sphere of the judicial function."

Lewis E. v. Spagnolo, 186 Ill.2d 198, 210, 710 N.E.2d 798, 805 (1999)

The Illinois Supreme Court held that plaintiffs could not maintain a cause of action under the education article of the Illinois constitution based on an allegation that defendants had failed to provide them a minimally adequate education and that questions relating to the quality of education were solely for the legislative branch to answer.

Cases Related to State-Funded Preschool:

Comm. for Educ. Rights v. Edgar, 174 Ill.2d 1, 9-10, 32, 672 N.E.2d 1178, 1182-83, 1193 (Ill. 1996)

In addition to alleging unfairness in overall school funding, plaintiffs alleged that the level of preschool funding provided by the state was insufficient and therefore violated the state constitution, which the Court also rejected.

Rogy's New Generation, Inc. v. Dep’t of Revenue, 318 Ill. App. 3d 765, 772, 742 N.E.2d 443, 449 (2000)

The Appellate Court held that licensed day care centers for prekindergarten children claiming tax-exempt status were not "organized and operated exclusively for educational purposes" because there is "no governmental obligation to educate [children under the age of five]."

Pending School Finance Cases:

None.

Statutes, Regulations and Guidance Documents on State Preschool Program

105 ILCS 5/2-3.71, Grants for preschool educational programs

23 Ill. Adm. Code 1.240, Equal Opportunities for all Students

23 Ill. Adm. Code 235.10 et seq., Early Childhood Block Grant: Preschool Education and Prevention Initiative Programs

23 Ill. Adm. Code 235.100 et seq., Early Childhood Block Grant: Preschool For All Children Program

Executive Order 1 (2002), 26 Ill. Reg. 4041, The Illinois Agenda for Excellence in Education

FY 08 Preschool for All Children RFP - 3 to 5 (cited below as Preschool for All RFP)

Illinois State Board of Education, Preschool for All Children Grant Application, Attachment 14, Certifications and Assurances, and Standard Terms of the Grant (cited below as Certifications and Assurances)

Provisions Expressing State Policy on Preschool:

105 ILCS 5/2-3.71(a)(4.5): … [Preschool program grant] 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. …

Governor’s Press Release (February 15, 2006)

Governor Rod R. Blagojevich today presented an approximately $45.4 billion operating budget plan for Fiscal Year 2007. … Capping three years of unprecedented expansion, Governor Blagojevich proposed Preschool for All – allowing every three and four-year-old in Illinois to attend preschool. Illinois would become the first and only state in the country to offer preschool to every three-year-old.

Countless studies demonstrate the benefits of early learning in preschool. …

Funding for preschool programs will increase by $45 million per year in each of the next three years. Participation in the program for parents is voluntary.

Illinois Early Learning Council, Preschool for All: High-Quality Early Education For All of Illinois' Children (2006)

In Illinois, our strong State PreK program serves tens of thousands of children across the state who are at risk of school failure. Despite difficult budget environments, over the past three years, Governor Blagojevich and the General Assembly have recognized the value of early education by increasing funding for State PreK by $90 million so that up to 25,000 more at-risk children can participate. In addition, the Governor and General Assembly expanded family eligibility for the Child Care Assistance Program to help 11,000 more families pay for child care.

But we can't stop there. We can and we must do better—the children and their parents are counting on us. Too many are on waiting lists or do not qualify for preschool programs. And too many children whose families pay for programs spend their days in settings of mediocre or poor quality. In coming decades, our civic institutions and workplaces will need the participation and productivity of all Illinoisans. That is why we make public investments in education. Researchers have unquestionably proven what many parents and educators have been saying for years—the preschool years matter. Now we must begin that investment sooner.

Preschool for All is a sound economic investment. The evidence is overwhelming that early childhood education pays financial dividends by reducing future costs for special education and other forms of remediation. By making greater investments in early education, our state can increase the odds that the billions of dollars we spend on K-12 education will have the greatest, most positive impact.

It is also the right thing to do. Preschool for All is a matter of fairness. We expect a great deal of our children. We owe it to them—to all of them—to provide the best possible start in life.

Executive Order 1 (2002), 26 Ill. Reg. 4041

WHEREAS, the progress of Illinois students would be further enhanced by also focusing sufficient resources and a strong commitment on:

. . . 2. Providing a universal access to early childhood education

-- Scientific studies provide strong evidence that quality early education plays a critical role in the healthy development of children, including the positive stimulation of the brain during the early years that creates the foundation for lifelong thinking, attitudes and behavior, as well as greater success in school and work.

-- Studies estimate that every $1 invested in preschool results in benefits of $7.16 for taxpayers. I f these benefits are applied to Illinois and if 60 percent of four-year-olds and 50 percent of three-year-olds participate, the estimated savings to taxpayers would total $3.3 billion during the lifetimes of these children. . . .

-- Illinois is among the leaders nationally in early education programs. Since 1999 Illinois has expanded State government support for Prekindergarten, Head Start and child care programs by 53 percent to more than $533 million in Fiscal Year 2001. Nonetheless, only 36 percent of the total age group population are being served.

-- Surveys and community forums consistently show that many parents in Illinois cannot access or afford quality preschool programs in their communities, and a lack of cooperation and existing regulatory barriers result in service gaps and the inefficient use of tax dollars, making it difficult for many working families to find full-day, high-quality services and making it difficult for providers to maintain stable, quality programs.

THEREFORE, I, George H. Ryan, Governor of the State of Illinois, order:

The establishment of the Illinois Agenda for Excellence In Education to promote, encourage and foster long-term improvement in elementary and secondary schools that will lead to consistently high student achievement, exemplary instruction and the well-rounded preparation of future generations.

Early Childhood Care and Education Position Statement Adopted January 20, 2000,The State Board of Education believes that the educational development and success of all Illinois children can be significantly enhanced when children participate in early childhood education programs and services . . . . The Illinois State Board of Education is actively committed to develop, deliver, and support early childhood education programs, practices, and services that will enable children to be successful students and responsible citizens . . . .

Eligibility Criteria for State Preschool Program:

105 ILCS 5/2-3.71(a)(1): The State Board of Education shall implement and administer a grant program … to conduct voluntary preschool educational programs for children ages 3 to 5 ….

105 ILCS 5/2-3.71(a)(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. …

23 Ill. Adm. Code 1.240(b): …Further, no school system may deny access to its schools or programs to students who lack documentation of their immigration status or legal presence in the United States (Plyler v. Doe, 457. U.S. 202 (1982)).

23 Ill. Adm. Code 235.10(a)(1): … preschool education for at-risk children ages 3 years old to kindergarten enrollment age ….

23 Ill. Adm. Code 235.10(a)(3): "At Risk" is defined as those children who because of their home and community environment are subject to such language, cultural, economic and like disadvantages that they have been determined, as a result of screening procedures (to be carried out in conformance with Section 235.20(c)(5)) to be at risk of academic failure.

23 Ill. Adm. Code 235.110(a): Application Procedure and Content for New or Expanding Programs

1) A program serving "primarily at-risk children" is one that:

A) has 51 percent or more of the enrolled children identified as being at risk of academic failure (see Sections 235.10(a)(3) and 235.20(c)(5) of this Part),

B) gives priority for enrollment to academically at-risk students over those students who have not been identified as academically at risk, and

C) has taken specific proactive measures to ensure that parents of children who may be at risk of academic failure are aware of the opportunity for preschool education through the Preschool for All Children program.

2) A program serving "primarily children whose families meet income guidelines" is one that has 51 percent or more of the enrolled children from families meeting the income guidelines and does not qualify under subsection (a)(1) of this Section as serving primarily academically at-risk children.

Note: According to the Preschool for All Funding Report, Fiscal Year 2007, 100% of the new FY 2007 funds went to "programs serving primarily at-risk children" and 0% went to "programs serving primarily children with a family income of less than four times the federal poverty level."

Certifications and Assurances
20. … Further, no grantee shall deny access to the program funded under the grant to students who lack documentation of their immigration status or legal presence in the United States (Plyler v. Doe, 457 U.S. 202, 102 S.Ct. 2382 (1982)).

Illinois Prekindergarten Program for Children At Risk of Academic Failure FY 2003 Evaluation Report, June 2004, p. 1,
Children are identified for the program through individual screening and assessment, not by their membership in a given group or the characteristics of their families. Individual projects establish their own eligibility criteria and methods for screening based on local needs. No single uniform eligibility standard or screening system is applied to all age-appropriate populations. Because the program eligibility is based on local needs, the characteristics and services of the programs vary according to the needs of their participants.

Illinois Prekindergarten Program for Children At Risk of Academic Failure FY 2003 Evaluation Report, June 2004, p. 10.
Projects establish their own criteria to determine which children are at risk of academic failure. The Illinois State Board of Education requires the following to be included in screening: fine and gross motor skills, cognitive development, visual motor integration, language and speech development, vocabulary, English proficiency, and social competence.

Program Length/Duration:

23 Ill. Adm. Code 235.20: Application Procedure and Content for New or Expanding Programs

Each applicant that is proposing a program that has not received funding in the year previous to the current application or is seeking additional funds to expand its currently funded program shall submit to the State Board of Education a proposal that includes the components specified in this Section. …

(c) All proposals . . . shall include the following components:

. . . (11) Other information, such as daily schedules (including the number of hours per day and days per week the program will operate) ….

Illinois Prekindergarten Program for Children At Risk of Academic Failure FY 2003 Evaluation Report, June 2004, p. 10,
Instructional settings often depend upon available resources and the needs of the children. Some projects offer more than one instructional setting (e.g., half-day classroom and also full-day classroom or classroom and also home-based program). While most children (71%) were served in a half-day classroom-based education program, 14% were served in a full-day program, a 10% increase from FY 2000 . . . .

Scope of State’s Responsibility to Provide Preschool:

105 ILCS 5/2-3.71(a)(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 ... to conduct voluntary preschool educational programs for children ages 3 to 5 ….

105 ILCS 5/2-3.71(a)(5): … 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.

Scope of State's Responsibility to Fund Preschool:

105 ILCS 5/2-3.71(a)(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). …

Ill. Reg. 19385 (Dec. 15, 2006)

As per the law, programs funded under Section 2-3.71 of the School Code must meet requirements for the Preschool for All Children program during the period of July 1, 2006, through June 30, 2008; therefore, no funding will be provided during this time for new prekindergarten at-risk programs.

23 Ill. Adm. Code 235.50:

a) Proposals submitted for funding to establish a new program or expand an existing program shall be evaluated in accordance with the following criteria.

1) Population to be Served (30 points)

A) The proposal clearly indicates that the area to be served has a high number of children and families determined to be the most in need of the services provided by the Early Childhood Block Grant program, as indicated by high levels of poverty, illiteracy, unemployment, limited-English proficiency, or other need-related indicators, such as the school district's rate of dropouts, retention, truancy, teenage pregnancies and homeless students, high rates of infant mortality, birth trauma, low birth weight or prematurity, and high rates of child abuse and neglect.

B) Criteria and indicators for identifying children and families who are eligible for the program are clearly established and likely to target those children and families most in need of services.

C) Effective recruitment strategies are proposed that are likely to ensure that the maximum number of eligible children and families are enrolled in the program.

2) Quality of Proposed Program (40 points)

A) The proposed program and activities will sufficiently meet the identified needs of the population to be served and include child and parent activities designed to enhance child development and parent effectiveness and, ultimately, school readiness.

B) The program proposal provides for effective linkages among parents, education, health and social service agencies, and child care providers and includes a plan for coordination of services with other educational programs serving young children and their families.

C) The proposed program is built upon effective research about early childhood education and aligned to the applicable Illinois early learning standards (see Appendices A and B of this Part).

D) The evaluation strategies include measurable outcomes for children and families that are designed to effectively gauge the success of the program and yield sufficient data that can be used to improve the program.

3) Experience and Qualifications (20 points)

A) Proposed staff hold the appropriate certifications and/or licenses for their positions and have the qualifications and experience necessary to successfully implement a high-quality early childhood program.

B) The staff development plan adequately addresses the needs of the project staff, offers a varied and full range of staff development experiences and provides sufficient opportunities for learning so as to allow staff to incorporate the training into program delivery activities.

C) In addition, an eligible applicant other than a school district has presented evidence that it:

i) holds the appropriate licensure to operate as a day care facility;

ii) holds early childhood accreditations or has other relevant experience that demonstrates success in implementing and administering programs similar to the ones funded under the Early Childhood Block Grant Program; and

iii) has a successful track record with similar grants or contracts.

4) The program is cost-effective as evidenced by the cost of proposed services in relation to the numbers to be served and the services to be provided. (10 points)

b) The selection of proposals for funding may be based in part on geographic distribution and/or the need to provide resources to school districts and communities with varying demographic characteristics.

c) Priority consideration may be given to proposals with specific areas of emphasis, as identified by the State Superintendent of Education in a particular RFP.

d) The State Superintendent of Education shall determine the amount of individual grant awards. The final award amounts shall be based upon:

1) the total amount of funds available for the Early Childhood Block Grant; and

2) the resources requested in the top-ranked proposals, as identified pursuant to subsections (a), (b) and (c) of this Section.

23 Ill. Adm. Code 235.120

In order to meet the funding priorities set forth in Section 2-3.71(a)(4.5) of the School Code, each proposal shall be reviewed using both quantitative and qualitative criteria.

a) Proposals shall first be screened to identify those proposals that meet the criteria for each funding priority (see Section 235.110(a) of this Part). Proposals shall be separated into the following three categories:

1) proposals serving primarily at-risk children,

2) proposals serving primarily children whose families meet income guidelines, and

3) all other proposals.

b) Within each of the three categories set forth in subsection (a) of this Section, the proposals shall be reviewed and scored using the qualitative criteria set forth in Section 235.50(a) of this Part to determine which proposals provide evidence of a "qualified program". "Qualified programs" shall be those scoring at least 60 out of 100 total points.

1) All qualified programs within the category set forth in subsection (a)(1) of this Section shall be funded before funding any qualified programs in the categories set forth in subsection (a)(2) or (a)(3) of this Section.

2) All qualified programs within the category set forth in subsection (a)(2) of this Section shall be funded before funding any qualified programs in the category set forth in subsection (a)(3) of this Section.

3) Within each category, priority for funding will be given to substantially similar proposals that:

A) serve children from a community with limited preschool programs or few resources promoting preschool education, or

B) include a signed partnership agreement with the local Head Start program.

Source of Funding for Preschool Program:

105 ILCS 5/1C-2(c): An Early Childhood Education Block Grant shall be created by combining the following programs: Preschool Education, Parental Training and Prevention Initiative. These funds shall be distributed to school districts and other entities on a competitive basis. Eleven percent of this grant shall be used to fund programs for children ages 0-3.

The Illinois State Board of Education FY 2006 Final Appropriation included $273,254,500 for the Early Childhood Education Block Grant, an increase of $30 million over FY 2005. The FY 2007 Final Appropriation included an increase of $45 million over FY 2006, to $318,254,500.

23 Ill. Adm. Code 235.20(c)(14) … [T]he applicant will ensure that no fees will be charged of parents or guardians and their children who are enrolled and participate in Early Childhood Block Grant programs.

Scope of Child's Right to Attend Preschool:

No statutory/regulatory provision.

Curriculum Content Standards for Preschool Program:

23 Ill. Adm. Code 235.30

In addition to the requirements set forth in Section 235.20, applications for funding for preschool education programs and activities, as defined in Section 235.10(a)(1) of this Part, must provide:

a) a description of how the comprehensive services to be provided are aligned with the Illinois Early Learning Standards as set forth in Appendix A of this Part;

b) a description of how the proposed educational program is developmentally appropriate for each child, which shall:

1) be accepted based upon evidence in the proposal that the results of the individualized assessment profile for each child will be the basis for determining that child's educational program;

2) address the domains of development specified in Section 235.20(c)(5)(B) [vocabulary, visual-motor integration, language and speech development, English proficiency, fine and gross motor skills, social skills and cognitive development] and how a language and literacy development program shall be implemented for each child based on that child's individual assessment; and

3) address how student progress will be assessed and documented to ensure that the educational program meets the needs of the student and provides a system whereby that student's parents are routinely advised of their child's progress; …

Preschool for All RFP

Preschool for All Children initiatives must offer an appropriate education program for children who participate. The education program that is established must meet the following requirements.

  • The curriculum and instructional practices are aligned with the Illinois Early Learning Standards …
  • The individualized assessment profile for each child will be the basis for determining that child’s educational program.
  • The following domains of development are addressed: vocabulary, visual-motor integration, language and speech development, English proficiency, fine and gross motor skills, social skills and cognitive development.
  • A language and literacy development program shall be implemented for each child based on the child’s individual assessment. …

… Examples of evidence-based curricula that are aligned with Illinois Early Learning Standards:

  • Creative Curriculum for Preschool,
  • Exploration with Young Children: A Curriculum Guide from the Bank Street College of Education,
  • High/Scope Preschool Curriculum,

Illinois Early Learning Standards

Sample:

LANGUAGE ARTS

STATE GOAL 1:

Read with understanding and fluency.

Learning Standard A:

Apply word analysis and vocabulary skills to comprehend selections.

BENCHMARKS

1.A.ECa Understand that pictures and symbols have meaning and that print carries a message.

1.A.ECb Understand that reading progresses from left to right and top to bottom.

1.A.ECc Identify labels and signs in the environment.

1.A.ECd Identify some letters, including those in own name.

1.A.ECe Make some letter-sound matches.

Teacher Certification/Qualification Standards for Preschool Program:

105 ILCS 5/2-3.71(a)(3): Any teacher in the program authorized by this subsection shall hold an early childhood teaching certificate.

23 Ill. Adm. Code 235.20(c)(8)(A)

Teachers of children ages 3 to 5 years must hold either an Initial or Standard Early Childhood Certificate. …

23 Ill. Adm. Code 235.50(a)(3)(A)

Proposals submitted for funding to establish a new program or expand an existing program shall be evaluated in accordance with the following criteria.

… Proposed staff hold the appropriate certifications and/or licenses for their positions and have the qualifications and experience necessary to successfully implement a high-quality early childhood program.

Preschool for All RFP

All preschool educational program administrators and staff paid by the block grant must hold appropriate certification and/or qualifications for the position for which they are hired. All teaching staff providing instruction to preschool children in the Preschool for All Children initiative must hold either an Initial or Standard Early Childhood Certificate (formerly Type 02 and Type 04 Early Childhood Certificates). Evidence of the certification status of these staff members must be provided prior to final funding approval.

Noncertified staff employed to assist in the instruction of children shall meet the requirements set forth in 23 Ill. Adm. Code 25.510(c). … All noncertified staff must meet this requirement by July 1, 2014.

Other Quality Standards for Preschool Program:

23 Ill. Adm. Code 235.20(c):

All proposals. . . shall include the following components:

6) A description of the parent education and training component that will be provided, to meet at least all of the requirements of Section 2-3.71a of the School Code.

7) A description of how the program will coordinate with other programs, as specified in the RFP, that are in operation in the same area and that are concerned with the education, welfare, health and safety needs of young children.

8) A description of the full-time and part-time professional and nonprofessional staff to be paid by the program, indicating that program administrators, early childhood teachers, counselors, psychologists, psychiatrists and social workers are appropriately qualified.

… 9) A description of staff development assessment procedures and ongoing professional development activities to be conducted.

…12) The plan for ensuring that the program provides either a snack, in the case of a half-day program, or a meal, in the case of a full-day program, for participating children.

23 Ill. Adm. Code 235.30

[A]pplications for funding for preschool education programs and activities … must provide:

… d) the child/staff ratio for each classroom, which shall not exceed a ratio of 10 children to one adult, with no more than 20 children being served in each classroom …

23 Ill. Adm. Code 235.110(d)

Each applicant [for funding for a Preschool for All Children program] shall describe the parent education and involvement component, which shall include activities in each of the following areas.

1) Communication between home and the Preschool for All Children program that is regular, two-way and meaningful.

2) Parenting skills are promoted and supported.

3) Recognition that parents play an integral role in assisting student learning.

4) Parents are welcome in the program, and their support and involvement are sought.

5) Parents are full partners in the decisions that affect children and families.

Prekindergarten At-Risk Program Specifications, Educational Program, Appendix B to Illinois Prekindergarten Program for Children At Risk of Academic Failure FY 2003 Evaluation Report, June 2004, p. 37.
Prekindergarten at-risk initiatives must offer an appropriate education program for those children who are eligible to participate, as determined by the screening process. The education program that is established also must include a parent education and involvement component, provide for student progress plans to be shared with parents, and contain a language and literacy development component for each child based on the child’s individual assessment . . . . The education program may be home-based or classroom-based. For classroom-based programs, the staff-child ratio may not exceed one adult to 10 children, and no more than 20 children can be served in a single classroom. The maximum number of children should be served in each classroom if, following the completion of the screening process, the district has a waiting list of eligible children.

Note: The Illinois State Board of Education maintains an early learning website for parents, caregivers, service providers, and teachers of children from birth to five years old.

Delivery of Preschool Services:

105 ILCS 5/2-3.71(a)(1): … A public school district which receives grants under this subsection may subcontract with other entities that are eligible to conduct a preschool educational program.

23 Ill. Adm. Code 235.10

b) Eligible applicants for Early Childhood Block Grant programs include any public or private not-for-profit or for-profit entity with experience in providing educational, health, social and/or child development services to young children and their families. If the Early Childhood Block Grant program is operated in or by a child care center subject to the licensure requirements of the Illinois Department of Children and Family Services (DCFS), then that child care center must hold the appropriate licensure in accordance with rules promulgated by DCFS …

c) Joint applications for funds may be submitted by any combination of eligible applicants, as described in subsection (b) of this Section.

1) If a joint application is submitted, then an administrative agent shall be designated.

2) A school district or other eligible applicant shall only participate in one proposal for a specific program.

d) Eligible applicants may subcontract with a private school, not-for-profit or for-profit corporation, or other governmental agency that would otherwise be eligible under subsection (b) of this Section to conduct an Early Childhood Block Grant program.

Prekindergarten At-Risk Program Specifications, Collaboration with Child Care Providers, Appendix B to Illinois Prekindergarten Program for Children At Risk of Academic Failure FY 2003 Evaluation Report, June 2004, p. 37.
In order to meet the needs of children requiring full work day and year-round placement, school districts collaborating with child care providers in developing partnerships that combine high-quality education and care for prekindergarten children will be given extra consideration in the approval process.

23 Ill. Adm. Code 235.50

a) Proposals submitted for funding to establish a new program or expand an existing program shall be evaluated in accordance with the following criteria.

… 2) Quality of Proposed Program (40 points)

… B) The program proposal provides for effective linkages among parents, education, health and social service agencies, and child care providers and includes a plan for coordination of services with other educational programs serving young children and their families.

23 Ill. Adm. Code 235.140

In addition to meeting each of the requirements set forth in Section 235.70 of this Part, each grantee receiving funding for a Preschool for All Children program shall comply with the following terms and conditions of the grant.

a) Each grantee is required to collaborate with its local Head Start program. …

Preschool for All RFP

In order to meet the needs of children requiring full-day, year-round placement and other comprehensive services, collaborative partnerships that combine high-quality education and care for preschool children will be given extra consideration in the approval process. Collaborative partnerships must include a direct link between and among the initiatives …

Requirements for Student Assessment and Program Evaluation:

105 ILCS 5/2-3.71(a): Grants for preschool educational programs:

(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.

(6) The State Board of Education shall report to the General Assembly by July 1, 2007 and every 3 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.

23 Ill. Adm. Code 235.20(c):

All proposals. . . shall include the following components:

15) A plan for evaluating the proposed programs and activities to be included in the Early Childhood Block Grant, which shall correspond to the applicable specifications set forth in the RFP.

23 Ill. Adm. Code 235.30

[A]pplications for funding for preschool education programs and activities … must provide:

… b) a description of how the proposed educational program is developmentally appropriate for each child, which shall:

…3) address how student progress will be assessed and documented to ensure that the educational program meets the needs of the student and provides a system whereby that student's parents are routinely advised of their child's progress[.]

23 Ill. Adm. Code 235.50(a)(2)(D)

Proposals submitted for funding to establish a new program or expand an existing program shall be evaluated in accordance with the following criteria.

…The evaluation strategies include measurable outcomes for children and families that are designed to effectively gauge the success of the program and yield sufficient data that can be used to improve the program.

23 Ill. Adm. Code 235.70

a) Expenditure reports must be filed electronically with the Division of Funding and Disbursements four times a year.

b) Each grantee shall submit evaluation information on forms provided by the State Board of Education, specifying:

1) descriptive statistics on the population served, eligibility, screening procedures and staff qualifications and training;

2) descriptive information, including type and quality of the educational program, amount and extent of interagency collaboration, and parent education and involvement;

3) the extent to which program objectives have been accomplished; and

4) any similar program-related information that the State Superintendent of Education may request upon 30 days' written notice.

c) An annual program review shall be conducted for each new project to ensure program quality, to assist in program improvement and to provide technical assistance. …

Preschool for All RFP

Preschool for All Children initiatives must offer an appropriate education program for children who participate. The education program that is established must meet the following requirements.

  • The individualized assessment profile for each child will be the basis for determining that child’s educational program. …
  • Student progress will be assessed and documented to ensure that the educational program meets the needs of the student. …
  • A system is established whereby each student’s parents are routinely advised of their child’s progress. …

Table of Contents
State Preschool Program
   

Overview

State Policy

Eligibility Criteria

Program Length/Duration

Funding

Quality Standards

Delivery of Preschool Services

Requirements for Student Assessment and Program Evaluation

Legal Framework
   

Education Clause in State Constitution

Summary of Case Law on School Finance System

Summary of Case Law on Preschool

Constitutional Provisions on Public Education
Case Law Digest
   

Is Education a Fundamental Right?

School Finance Cases in Favor of Plaintiffs

Standard for a Constitutionally Adequate Education

School Finance Cases against Plaintiffs

Decisions Ruling School Finance Issues Were Non-Justiciable

Cases Relating to State-Funded Preschool

Pending School Finance Cases

Statutes, Regulations and Guidance Documents
   

Provisions Expressing State Policy on Preschool

Eligibility Criteria

Program Length/Duration

Scope of State's Responsibility to Provide Preschool

Scope of State's Responsibility to Fund Preschool

Source of Funding for Preschool Program

Scope of Child's Right to Attend Preschool

Curriculum Content Standards

Teacher Certification/ Qualification Standards

Other Quality Standards

Delivery of Preschool Services

Requirements for Student Assessment and Program Evaluation

Starting at 3, a project of Education Law Center, is supported by a grant from The Pew Charitable Trusts