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Daycare Center and Family Home Forum>New Law in IL Re: Expulsion From Preschool
MyAngels 11:13 AM 01-11-2018
Beginning in January 2018 Illinois preschools and licensed daycare providers can no longer simply expel a child for behavior problems

I haven't heard a peep from DCFS on this and I'm not certain whether this law applies to all licensed providers or only those who accept state funds (different places say different things and I have no motive yet to read the actual bill).

http://www.actforchildren.org/wp-con...663-SB1557.pdf

http://www.ilga.gov/legislation/publ...?Name=100-0105
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Blackcat31 11:33 AM 01-11-2018
Originally Posted by MyAngels:
Beginning in January 2018 Illinois preschools and licensed daycare providers can no longer simply expel a child for behavior problems

I haven't heard a peep from DCFS on this and I'm not certain whether this law applies to all licensed providers or only those who accept state funds (different places say different things and I have no motive yet to read the actual bill).

http://www.actforchildren.org/wp-con...663-SB1557.pdf

http://www.ilga.gov/legislation/publ...?Name=100-0105
Nope.
Just nope.


Reply
Pestle 11:42 AM 01-11-2018


So. . . if I were in any other profession, and a client physically abused me or another client while on my property, I could refuse service. This doesn't make sense to me.

From the first link: Planned transitions, after documented attempts to address the child’s needs, are not considered expulsions. So there's wiggle room?

The following early childhood programs are prohibited from expelling young children (0-5) due to
child behavior:
 School- and community-based early childhood programs receiving Early Childhood Block
Grant funds, such as Preschool for All and Prevention Initiative, to serve children birth to five
 Licensed child care programs serving children birth to five
o Bill requires DCFS to adopt rules in alignment with requirements of this legislation
 Note: Expulsions are already prohibited for Head Start and Early Head Start programs


On the plus side, how many of your kids with major behavioral issues are the offspring of PARENTS with major behavioral issues (on-time pick up, on-time payment, following the policy handbook)? Termination for nonpayment will probably kick WAY up when providers realize the fastest way to remove a difficult child is to stand their ground on their fee policies.

When a child exhibits consistently challenging behaviors, the ECE program or provider must
document:
 Initial observations of challenging behaviors
 Communication with and participation of family
 Intervention plan and strategies, including the use of or attempts to access available external
resources
 Instances where child is ultimately transitioned out of program
Documentation allows ECE programs to show that attempts were made to continue serving the
child, ensuring that transitioning the child out of the program is the last resort.


That is still termination for challenging behavior, just under a nicer name-- "transitioning out." As in, "Bob, you're being rightsized."

What is a planned transition?
If available resources have been exhausted and it is the professional judgment of the provider that
transitioning the child to another setting is best for his/her wellbeing or that of his/her peers, the
provider should work with the family to identify and transition the child to a different setting. This
includes making referrals to other providers and planning with the parents, and new provider when
applicable, to ensure continuity of services.
What if the child poses an immediate threat to the safety of him/herself or other children?
In the case of serious safety threat, the child may be temporarily removed from attendance in the
group setting. The temporary removal of a child should trigger the process outlined above, including
engaging the family and available resources as part of an intervention plan, as well as working to
return the child to a group setting as soon as possible. If it is the professional judgment of the provider
that it is in the best interest to transition the child to a different setting, the provider will initiate the
planned transition process.


Isn't this just termination as most of us are already practicing it?
Reply
Pestle 11:51 AM 01-11-2018
And the second link is a first-rate example of confusing correlation with causation. There are many, many, MANY factors that lead to disproportionate and often unfair expulsion of impoverished and minority children, and curbing expulsion isn't a magical fix to all the related educational ills that are linked to expulsion.

But, sure. Ban expulsion and that'll fix everything.

This is why I homeschool, folks.
Reply
LysesKids 12:15 PM 01-11-2018
Originally Posted by Pestle:
And the second link is a first-rate example of confusing correlation with causation. There are many, many, MANY factors that lead to disproportionate and often unfair expulsion of impoverished and minority children, and curbing expulsion isn't a magical fix to all the related educational ills that are linked to expulsion.

But, sure. Ban expulsion and that'll fix everything.

This is why I homeschool, folks.
Yep, part of why I homeschooled my 3 also... and some of these rules are why I stay legally exempt in some states... I use to do infant care in IL; Glad I'm not there now
Reply
Pestle 12:43 PM 01-11-2018
Originally Posted by LysesKids:
Yep, part of why I homeschooled my 3 also... and some of these rules are why I stay legally exempt in some states... I use to do infant care in IL; Glad I'm not there now
You're up near Knoxville, right? I just had a disaster--got to the last 8 inches of the border on a shawl I was knitting and ran out of yarn at pick up time yesterday. Called the yarn store in Knoxville, called a relative in Knoxville, and if everything's gone well, there's a single skein of yarn in the right dye lot waiting for me at the relative's house.
Reply
coloradoprovider 11:35 AM 10-02-2019
Originally Posted by Pestle:


So. . . if I were in any other profession, and a client physically abused me or another client while on my property, I could refuse service. This doesn't make sense to me.

From the first link: Planned transitions, after documented attempts to address the child’s needs, are not considered expulsions. So there's wiggle room?

The following early childhood programs are prohibited from expelling young children (0-5) due to
child behavior:
 School- and community-based early childhood programs receiving Early Childhood Block
Grant funds, such as Preschool for All and Prevention Initiative, to serve children birth to five
 Licensed child care programs serving children birth to five
o Bill requires DCFS to adopt rules in alignment with requirements of this legislation
 Note: Expulsions are already prohibited for Head Start and Early Head Start programs


On the plus side, how many of your kids with major behavioral issues are the offspring of PARENTS with major behavioral issues (on-time pick up, on-time payment, following the policy handbook)? Termination for nonpayment will probably kick WAY up when providers realize the fastest way to remove a difficult child is to stand their ground on their fee policies.

When a child exhibits consistently challenging behaviors, the ECE program or provider must
document:
 Initial observations of challenging behaviors
 Communication with and participation of family
 Intervention plan and strategies, including the use of or attempts to access available external
resources
 Instances where child is ultimately transitioned out of program
Documentation allows ECE programs to show that attempts were made to continue serving the
child, ensuring that transitioning the child out of the program is the last resort.


That is still termination for challenging behavior, just under a nicer name-- "transitioning out." As in, "Bob, you're being rightsized."

What is a planned transition?
If available resources have been exhausted and it is the professional judgment of the provider that
transitioning the child to another setting is best for his/her wellbeing or that of his/her peers, the
provider should work with the family to identify and transition the child to a different setting. This
includes making referrals to other providers and planning with the parents, and new provider when
applicable, to ensure continuity of services.
What if the child poses an immediate threat to the safety of him/herself or other children?
In the case of serious safety threat, the child may be temporarily removed from attendance in the
group setting. The temporary removal of a child should trigger the process outlined above, including
engaging the family and available resources as part of an intervention plan, as well as working to
return the child to a group setting as soon as possible. If it is the professional judgment of the provider
that it is in the best interest to transition the child to a different setting, the provider will initiate the
planned transition process.


Isn't this just termination as most of us are already practicing it?
No, not as I would normally practice termination. It places the burden of transitioning on the provider - it seems to place most of the work of finding a placement for the child on the current childcare provider and then working with new provider to "plan" for continuity of service.
Reply
LysesKids 03:27 PM 09-23-2019
Originally Posted by Blackcat31:
Nope.
Just nope.

Right with you... I'm beginning to think taking care of elderly instead of under 2.5 years, (independent contractor), was the right way for me to go last year. TN QRIS had similar implementations coming up from what I read; Glad I wasn't licensed now
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amberrose3dg 12:50 PM 01-11-2018
Originally Posted by MyAngels:
Beginning in January 2018 Illinois preschools and licensed daycare providers can no longer simply expel a child for behavior problems

I haven't heard a peep from DCFS on this and I'm not certain whether this law applies to all licensed providers or only those who accept state funds (different places say different things and I have no motive yet to read the actual bill).

http://www.actforchildren.org/wp-con...663-SB1557.pdf

http://www.ilga.gov/legislation/publ...?Name=100-0105
Yeah well provider can terminate for another reason. Late payment, late pick up etc.. kids with behavior problems will most likely have parent issues also. When I have had to terminate a kid for bad behavior the parents always had issues also. I will close before I let the state tell me which clients I have to take and keep.
Reply
hwichlaz 01:00 PM 01-11-2018
other reasons to terminate

non payment
rude parent
not following contract/policy
downsizing for my own health....

yeah, this isn't really going to affect home daycare.
Reply
Blackcat31 06:08 AM 01-12-2018
Originally Posted by hwichlaz:
other reasons to terminate

non payment
rude parent
not following contract/policy
downsizing for my own health....

yeah, this isn't really going to affect home daycare.
I had a family in care over a period of 8 years.
3 kids. Each a "perfect" candidate for termination (ie behavioral issues)
Each child had a unique set of behavioral issues.
None requiring ECE intervention or anything like that.
all behavioral issues that stemmed from "no cry" parenting at it's finest.
Mom ALWAYS made sure to have ALL the required supplies, was timely to a tee, never paid late (well state paid so not a family responsibility) was never rude or disrepsctful to me.

IME, the families that have the worst behaving children are the "ideal" or picture perfect daycare clients ...almost as if they know... kwim?
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Farmerswife 07:23 AM 01-12-2018
Originally Posted by Blackcat31:
I had a family in care over a period of 8 years.
3 kids. Each a "perfect" candidate for termination (ie behavioral issues)
Each child had a unique set of behavioral issues.
None requiring ECE intervention or anything like that.
all behavioral issues that stemmed from "no cry" parenting at it's finest.
Mom ALWAYS made sure to have ALL the required supplies, was timely to a tee, never paid late (well state paid so not a family responsibility) was never rude or disrepsctful to me.

IME, the families that have the worst behaving children are the "ideal" or picture perfect daycare clients ...almost as if they know... kwim?
Yes! The one family I have termed because of behavior, the mom "sucked up" to me. Always tipped good, brought random treats to share, gave me gifts for my Birthday, Mother's Day, Christmas, etc. Her extra gifts only worked so long before I couldn't take the behavior any more. Ironically, the DCB that gives me some issues now, Mom is the exact same way!
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Cat Herder 07:35 AM 01-12-2018
How quickly they forget.

The reason we were pushed to terminate children who were not doing well in our program was because of the high numbers of children whom were being abused, neglected and killed in daycares because of those behaviors. It was proven that most of those same kids could have thrived in different environments if given the gift of termination. ("can't afford to terminate" + "don't like this kid" = bad outcome)

Pendulum swing to no terminations will equate to more daycare child abuse cases. This is not new math, here. Waiting for the 2020 headlines. "Another child killed in daycare!"
Reply
hwichlaz 08:39 AM 01-12-2018
Originally Posted by Blackcat31:
I had a family in care over a period of 8 years.
3 kids. Each a "perfect" candidate for termination (ie behavioral issues)
Each child had a unique set of behavioral issues.
None requiring ECE intervention or anything like that.
all behavioral issues that stemmed from "no cry" parenting at it's finest.
Mom ALWAYS made sure to have ALL the required supplies, was timely to a tee, never paid late (well state paid so not a family responsibility) was never rude or disrepsctful to me.

IME, the families that have the worst behaving children are the "ideal" or picture perfect daycare clients ...almost as if they know... kwim?
I have one like this...but because her parents are great clients I keep her. It's more tolerable if you have a good parent/provider relationship. Her issues are NOT parent caused though... failing to work on behavior issues at home is a direct violation of the terms of my contract.
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MyAngels 01:07 PM 01-11-2018
I knew you guys would love this one

This is such a slippery slope. Personally if I felt that I might have to terminate because of behavior I would definitely not document that behavior but find another reason to terminate. It also gives me less incentive to at least try to work out unwanted behaviors. It becomes more of a term early, term often choice on my part.

Hmmm, maybe I shouldn't put that in writing
Reply
sahm1225 06:50 PM 01-11-2018
Ive been following this and it’s still so unclear! It sounded like it only affects those that accept funding from the state. Then sounds like you can’t expel but you can suspend for an extended period of time! It’s just a cluster mess.

Did you see the memo about how we have to test our water for lead immediately but that guidelines will be updated in the coming months of how and when we’re expected to do it?
Reply
MyAngels 08:06 PM 01-11-2018
I've not heard anything about lead testing, but my rep e-mailed me recently to ask me when my house was built Probably something to do with it I guess.

For some reason I don't get the updates in the mail anymore with rule changes and the like. Probably some stupid cost cutting measure -saving the state one stamp at a time
Reply
nannyde 02:44 AM 01-12-2018
Originally Posted by sahm1225:
Ive been following this and it’s still so unclear! It sounded like it only affects those that accept funding from the state. Then sounds like you can’t expel but you can suspend for an extended period of time! It’s just a cluster mess.

Did you see the memo about how we have to test our water for lead immediately but that guidelines will be updated in the coming months of how and when we’re expected to do it?
Sec. 5.10. Child care limitation on expulsions. Consistent with the purposes of this amendatory Act of the 100th General Assembly and the requirements therein under paragraph (7) of subsection (a) of Section 2-3.71 of the School Code, the Department, in consultation with the Governor's Office of Early Childhood Development and the State Board of Education, shall adopt rules prohibiting the use of expulsion due to a child's persistent and serious challenging behaviors in licensed day care centers, day care homes, and group day care homes. The rulemaking shall address, at a minimum, requirements for icensees to establish intervention and transition policies, notify parents of policies, document intervention steps, and collect and report data on children transitioning out of the program.
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DaveA 03:23 AM 01-12-2018
In 11 years I've done 1 immediate term one DCK for behavior. The kid I termed got threw a wooden block at a toddler's head then tried to throw the rest of the box of blocks at me. All because the toddler was sitting where he wanted to go. I'm not losing 3 other families who are worried about their child's safety so some DCFS REMF can feel like they've "done something".

Bottom line is it's my program- I decide who's in it and who's not.
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Tags:expulsion, illinois - requirements, tata, termination - behavioral
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