225 ILCS 10/3: (a) No person, group of persons, or corporation may operate or conduct any early care and education center, early care and education home, or group early care and education home, as defined in this Act, without a license or permit issued by the Department of Children and Family Services before July 1, 2026 or issued by the Department of Early Childhood on and after July 1, 2026 or without being approved by the Department of Early Childhood as meeting the standards established for such licensing, with the exception of early care and education settings described in subsections (d-5) and (d-10).

(a-5) The Secretary of Early Childhood shall establish policies and coordinate activities relating to the licensing of early care and education homes, group early care and education homes, and early care and education centers, and the registration of Recognized Alternative Providers under subsection (d-15).

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(d) Any early care and education provider that is not required to be licensed may apply for a license under this Act.

(d-5) A provider of the programs described in this subsection (d-5) is exempt from registration requirements for Recognized Alternative Providers and licensure requirements under this Act.

(1) In-home early care and education provided for no more than 3 children under the age of 12, including the provider's natural or adopted children and any other persons under the age of 12 whether related or unrelated to the operator of the early care and education home. A provider may care for up to 6 children if all such children are from the same household. A provider of non-licensed in-home early care and education must notify the parent or guardian of each child that the program is operating pursuant to an exemption from licensure.

For purposes of this subsection, "children from the same household" means children that are blood-related, adopted, or stepchildren or children that were placed in a home through foster care that are under the age of 12 years and living in the same home.

(2) Supplementary early care and education operations for facilities that provide activities, including, but not limited to, retail shopping, exercise, or religious activities, as long as children are in care for no longer than 2 hours per day and the provider does not refer to itself as an early care and education center or pre-school. The parent or guardian of the child must remain on the same premises as the child and be readily available. Providers must obtain emergency contact information for each parent or guardian. Providers must notify the parent or guardian that the program is operating pursuant to an exemption from licensure.

(3) For children 3 years of age or older, extracurricular programs outside of school hours in music, dance, drama or art, library programs, scouting programs, academic tutoring programs, sports programs, or other classes that teach a single skill so long as children who are 3 years and 4 years of age are not participating in such programs for a cumulative total of greater than one hour per day. This subsection (d-5) does not place hour restrictions on extracurricular activities for children 5 years of age or older. Extracurricular activities shall not act as an alternative to full-day school or care. Extracurricular programs that use the exemption under this paragraph (3) are not eligible to receive Child Care Assistance Program payments.

(4)(A) Programs operated by (i) public or private elementary school systems or secondary level school units or institutions of higher learning that serve children who are at least 3 years of age or (ii) public or private entities on the premises of public or private elementary or secondary schools recognized by the State Board of Education that serve children who are at least 3 years of age. This subparagraph (A) applies only to the facility and any personnel of the private entity operating the program must adhere to applicable background check and training requirements adopted by the Department of Early Childhood; or

(B) Educational programs serving children who are at least 3 years of age that are operated on school premises by a school that is registered with the State Board of Education or that is recognized or accredited by a recognized national or multistate educational organization or association that regularly recognizes or accredits schools.

(5) Any type of early care and education that is conducted on federal government premises, including early care and education centers, early care and education homes, and group early care and education homes serving children of military personnel. Notwithstanding any other provision to the contrary, an early care and education home or group early care and education home may be exempt from licensure if it meets all of the following requirements: (i) it serves dependent children of military personnel, (ii) it is located on a military base or federal or government property, and (iii) it is certified as a child development program by a branch of the U.S. Department of Defense or the U.S. Coast Guard. The U.S. Department of Defense, the U.S. Coast Guard, or their agents, including an installation commander of a military base on which an early care and education home or group early care and education home is located, may assume responsibility for monitoring the early care and education homes or group early care and education homes that are exempt from licensure under this Section.

(6) Special activities programs, such as athletics, recreation, crafts instruction, music, dance, drama, sports, or similar activities offered by a unit of local government, including special activities programs offered by 2 or more units of local government pursuant to the Intergovernmental Cooperation Act, if all of the following are met:

(A) State law authorizes the unit of local government to offer the program and an elected or appointed board of the unit of local government has adopted policies governing the operation of the program, pursuant to Section 8-10 of the Park District Code or other applicable law.

(B) The program is offered to the following categories of children and the parent or legal guardian of each child has received written acknowledgement that the program is not licensed by the Department under this Act:

(i) children at least 5 years of age for no more than 100 continuous days in any 12-month period when school is not in session;

(ii) children at least 3 years of age for no more than 3.5 continuous hours at a time; or

(iii) children under 3 years of age for no more than one hour at a time.

(C) The program does not advertise to the public as a pre-school program, licensed early care and education provider, licensed child care, or licensed day care.

(D) The program conducts the following investigations on all employees of the program no less than once every 5 years:

(i) background investigations pursuant to Section 8-23 of the Park District Code, Section 16a-5 of the Chicago Park District Act, or other applicable law;

(ii) a name check against State and national sex offender registries; and

(iii) a Child Abuse and Neglect Tracking System (CANTS) name check through the Department at no cost to the unit of local government.

(E) The program conducts the following investigations on all volunteers of the program no less than once every 5 years:

(i) background investigations pursuant to Section 8-23 of the Park District Code, Section 16a-5 of the Chicago Park District Act, or other applicable law;

(ii) a name check against State and national sex offender registries; and

(iii) a Child Abuse and Neglect Tracking System (CANTS) name check through the Department at no cost to the unit of local government.

(F) The unit of local government has an emergency preparedness and response plan for the location of the special activities program.

(G) The program does not participate in the Child Care Assistance Program (CCAP) or receive funding pursuant to the Early Childhood Block Grant.

(7) A municipality, or 2 or more municipalities pursuant to the Intergovernmental Cooperation Act, if it meets the provisions of subparagraphs (B) through (G) of paragraph (6) of this subsection (d-5) when applicable.

(d-10) A provider of the programs described in this subsection (d-10) are exempt from licensure requirements under this Act and must register as Recognized Alternative Providers.

(1) Part day programs for children 3 years of age until they reach 5 years of age or begin kindergarten, whichever is later, where the child is present for a maximum of 3 hours per day and the parent or guardian is not on site. Providers must obtain emergency contact information for parents or guardians.

(2) Programs or portions of programs that serve children who have reached 3 years of age in full early care and education, are operated by a church or religious institution organized under Section 501(c)(3) of the Internal Revenue Code, and that receives no governmental aid. The programs must be operated as a component of a religious elementary school and must operate to provide religious education. Schools that meet this paragraph (2) must comply with requirements for Recognized Alternative Providers and provide proof of meeting fire codes, health codes, and age-appropriate first aid and cardiopulmonary resuscitation (CPR) requirements for supervisors of children.

(3) Nonresidential programs for children 5 years of age to 12 years of age that have supervisors of children when school is not in session, that act as an alternative to full-day school or care, and that operate for no more than 100 days in any 12-month period, except that the provider may request a waiver for the 100 days limitation in instances of unexpected school closure days. This paragraph (3) includes providers operating summer day camps or summer programs that operate from May through September for children 5 years of age to 12 years of age unless such programs meet the requirements of subsection (d-5).

(4) Programs that provide care to children 5 years of age to 12 years of age before or after school hours, as defined by the school district served by the provider. Children may not be on the premises for a cumulative total of greater than 6 hours per day, except for early dismissal days that are outlined by the school district in advance.

Recognized Alternative Providers under this subsection (d-10) must comply with all Child Care Assistance Program requirements to be eligible to receive payments from the Child Care Assistance Program.

(d-15) To register as a Recognized Alternative Provider, a provider shall:

(1) for home providers, submit a copy of the provider's ID and Social Security Number or, for other types of providers, submit a W-9, an Employer Identification Number, or Articles of Incorporation;

(2) complete an attestation that the provider has a current emergency preparedness and response plan in place;

(3) submit the current program guide or comparable document; and

(4) complete an attestation that the provider is complying with the background check requirements under Section 4.1.

Program guides shall include the following information: (i) the ages eligible to participate in the programs, (ii) the dates and times the programs take place, and (iii) the location of the programs.

Program guides may be submitted online periodically as needed, but not more than 4 times per year, via a link to the program guide, via a PDF file of the program from the provider's website, or in another electronic format that contains the required information. For programs described in subsection (d-10) that are operated by organizations that are organized under the Park District Code or the Chicago Park District Act, the requirements of Section 8-23 of the Park District Code or Section 16a-5 of the Chicago Park District Act, whichever is applicable, may be used to meet the fingerprint background check requirements under Section 4.1, except there is still a requirement to check the Child Abuse and Neglect Registry and the Illinois and National Sex Offender Registries for any employee or volunteer who is a supervisor of children.

The Department of Early Childhood shall adopt rules to implement this subsection (d-15) and subsection (d-10). When creating rules for this subsection (d-15) and subsection (d-10), the Department shall consult representatives from entities who are eligible to register as Recognized Alternative Providers, including, but not limited to, a statewide organization representing park districts; a non-profit charitable organization that is a place of public gathering, exercise, and recreation; a federally chartered program organized under 36 U.S.C. 311; programs providing services to children who are at least 5 years of age; and other providers of care who want to be involved in the rulemaking process.

Recognized Alternative Providers under this subsection (d-15) must comply with all Child Care Assistance Program requirements to be eligible to receive payments from the Child Care Assistance Program.

The Department of Early Childhood shall electronically provide written confirmation of Recognized Alternative Provider status. Recognized Alternative Providers may not advertise or hold themselves out to the public as pre-schools or licensed early care and education providers.

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(f) Registration as a Recognized Alternative Provider shall be valid for 2 years after the date the registration is issued. For early care and education providers who offer multiple programs at one or more sites, as described in subsection (d-10), the Department shall require only one application that outlines all programs the early care and education provider plans to offer. The Department shall evaluate the application and either approve the application or ask for clarification within 10 business days after receipt of the application. If the Department asks for clarification, the Department shall approve the application or seek further clarification within 5 business days after the clarification is provided to the Department. If the Department does not respond within 5 business days after the clarification is provided, the entity shall be deemed approved for programs that do not receive assistance from the Child Care Assistance Program or other State programs. The Department shall provide training and technical assistance to providers who intend to register as Recognized Alternative Providers.

(g) Providers that fail to comply with the applicable requirements under this Section shall receive written notice that details the provider's non-compliance and offers technical assistance to correct the non-compliance. Providers that refuse to register or correct the non-compliance shall be required to apply for full licensure under this Act and may be referred to the appropriate State's Attorney and the Attorney General in accordance with Section 11.

(h) Subsections (d-10) and (d-15) shall be operative on and after July 1, 2027 for all providers except those who are organized and operate under the Park District Code or Chicago Park District Act. Those providers organized and operating under the Park District Code or Chicago Park District Act shall have until July 1, 2028 to comply with the provisions of this Act. Programs operating under a current 2-year licensing exemption shall be allowed to continue to operate under that exemption until it expires or until July 1, 2028, whichever is later.