OUNCE ILLINOIS POLICY TEAM 2018 LEGISLATIVE SUMMARY 2018 LEGISLATIVE SUMMARY

ABOUT THE OUNCE OF PREVENTION ILLINOIS POLICY TEAM

The Ounce of Prevention Fund has a long history of advocacy work that is rooted in our deep experiences in Illi- nois. Through legislative, administration and grassroots advocacy, our Illinois Policy Team seeks to shape the founda- tional elements of the state’s early childhood system, including major funding streams, legislation, and federal and state initiatives. These elements should be designed, implemented and sustained to successfully achieve Illinois’ goal to equitably provide a continuum of high-quality, culturally and linguistically competent early childhood ser- vices that children and families need beginning prenatally and through the first five years.

IMPORTANT SUCCESSES IN THE 2018 LEGISLATIVE SESSION The on-time, bipartisan, full-year, fully-funded FY19 state budget includes the Ounce and its partners’ request of a $50 million increase to early childhood education at the Illinois State Board of Education. It also protects funding for Department of Human Services early childhood programs, including home visiting, the Child Care Assistance Program and Early Intervention. The budget also contains a re-appropriation of more than $7 million in early childhood capital projects that had lapsed during the budget impasse.

In addition to the budget wins, a number of other bills became law that are important for children and families, the early childhood system and early childhood practitioners. Legislation led by the Ounce and its advocacy partners are represented by the asterisk (*).

EARLY CHILDHOOD AND GENERAL EDUCATION

. SB454 Lays out timeframes and requirements for the Chicago Public School’s (CPS) special Individualized education process and procedures. At least ten days prior to a child’s Individualized Education Program Education Program (IEP) meeting, Chicago Public Schools (CPS) must send notice of all IEP components to parents that require data collection and say whether data collection on that component has commenced. CPS must also send draft copies of all evaluations and draft language for the IEP to the parents, at least five days prior to the meeting. If an IEP team determines that a service is necessary and that service is not implemented within ten days, the parent must be notified. The Act further lays out the specific services that must be considered (but not limited to) for inclusion as IEP services. The Act also allows the ISBE to create a hotline for parents and school personnel to register complaints and that those complaints will be recorded with the ISBE monitor of CPS special education policies. Finally, the Act prohibits CPS from building functions into computer software that would remove any services from a child’s plan or prohibit the IEP from adding services.

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Chief Sponsors Senator: David Koehler (D) | Representative: (D) Status: Signed on August 20, 2018, effective date August 20, 2018.

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EARLY CHILDHOOD AND GENERAL EDUCATION

. SB863 This bill allows ISBE to issue a Professional Educator License to out-of-state applicants if he or she provides evidence of completing a comparable state-approved teacher School Code preparation program, as defined by the State Superintendent of Education. Amendment-Trained Other States Read the Law here

Chief Sponsors Senator: Jennifer Bertino-Tarrant (D) | Representative: Linda Chapa LaVia (D) Status: Signed on April 6, 2018, effective date April 6, 2018.

The bill states that from the 2018-2019 school year through the 2023-2024 school year, . *SB1829 a preschool teacher holding the following is authorized to teach in the state’s Preschool Teach Early for All (PFA) program so long as they’re pursuing their Professional Educator License: Childhood Program 1) an Early Childhood Education (ECE) Credential Level of 5 awarded by the Department of Human Services (DHS) under the Gateways to Opportunity Program or 2) an Educator License with Stipulations with a transitional bilingual educator endorsement and he or she has either a) passed an early childhood education content test or b) completed no less than 9 semester hours of college coursework in the area of early childhood education.

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Chief Sponsors Senator: Toi Hutchinson (D) | Representative: Jehan Gordon-Booth (D) Status: Signed on July 27, 2018, effective date July 27, 2018.

. SB2428 The bill creates the Hunger-Free Students’ Bill of Rights Act. It provides that every school in the State shall offer a federally reimbursable meal or snack to a student who Hunger-Free Students requests the meal or snack, regardless of whether the student has the ability to pay for the meal or snack or owes money for earlier meals or snacks.

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Chief Sponsors Senator: (D) | Representative: Litesa Wallace (D) Status: Signed on August 26, 2018, effective date August 26, 2018.

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EARLY CHILDHOOD AND GENERAL EDUCATION

. SB2844 The bill requires the State Board of Education to establish and maintain the Supporting Future Teachers Program to assist qualified participants in acquiring a School Code Professional Educator License. To qualify, a participant must be high school graduate Amendment-Growing who can demonstrate proficiency in a language other than English; is a recipient of a Future Educator State Seal of Biliteracy; or, at any one time during pre-kindergarten through grade 12, was identified as a low-income student and is a member of the community in which the participating school district is located. The bill also provides that the duty of a qualified participant may include working with low-income students on a one-on-one basis.

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Chief Sponsors Senator: (D) | Representative: Robert Pritchard (R) Status: Signed on August 19, 2018, effective date August 19, 2018.

. SB3236 The bill provides that, in addition to data already being reported, a school report card must include the most current data possessed by the State Board of Education School Code reflecting the district’s administrative costs. Amendment-School Report Card Read the Law here

Chief Sponsors Senator: Andy Manar (D) | Representative: David Olsen (R) Status: Signed on August 10, 2018, effective date August 10, 2018.

. SB2541 The bill provides that no later than January 1, 2019, the Department of Public Health School Code must develop rules with respect to age-appropriate developmental and social and Amendment- emotional screenings. Department of Read the Law here Public Health-Rule Chief Sponsors Senator: Kimberly Lightford (D) | Representative: (D) Status: Signed on August 21, 2018, effective date August 21, 2018.

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EARLY CHILDHOOD AND GENERAL EDUCATION

. SB2925 The bill provides that the Illinois Law Enforcement Training Standards Board — Enforcement Training in consultation with organizations demonstrating expertise or experience in the areas School of youth and adolescent development issues, educational administrative issues, prevention of child abuse and exploitation, youth mental health treatment, and juvenile advocacy — shall develop or approve a course for school resource officers within one year. SB2925 also amends the School Code and provides that on January 1, 2021, any law enforcement agency that provides a school resource officer must provide the school district proof that the resource officer completed an applicable course within one year of assignment or has prior experience that satisfies this requirement.

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Chief Sponsors Senator: Kimberly Lightford (D) | Representative: (D) Status: Signed on August 19, 2018, effective date January 1, 2019.

. SB3466 This law states that school districts must make reasonable efforts to provide ongoing professional development to all teachers, faculty, staff, and board members on the School Code appropriate and available supportive services to promote student attendance and Amendment-Truant engagement. The bill also lays out detailed steps that must be taken when school districts refer truant or chronic truant students and their custodial guardian to local public entities, including specific steps for students experiencing homeless or those with a diagnosed or suspected disability.

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Chief Sponsors Senator: Kimberly Lightford (D) | Representative: William Davis (D) Status: Signed on August 10, 2018, effective date January 1, 2019.

. HB3784 The bill provides that students 17 years of age or older cannot be denied enrollment for one semester for failure to meet minimum academic standards if certain conditions School Code are met; nor can a child be denied reenrollment with respect to the Individuals with Amendment-Deny Disabilities Education Act or the Americans with Disabilities Act. It also prohibits Enrollment-Truant expulsion and punitive action from being taken against truant minors unless all supportive services, resources and outreach has been exhausted.

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Chief Sponsors Senator: (R) | Representative: Chuck Weaver (R) Status: Signed on August 13, 2018, effective date August 13, 2018.

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EARLY CHILDHOOD AND GENERAL EDUCATION

. HB4208 The bill establishes the Safe Schools and Healthy Learning Environments Grant Program and grants under the program. It sets forth requirements for applicants and provisions Safe Schools/Healthy for the distribution of funds appropriated for the program. With respect to school Learning discipline improvement plans, the bill makes changes to 1) how ISBE determines the top 20% of school districts, 2) when notification is given that a plan must be submitted, 3) which districts are required to submit a plan, 4) the timeframe for school board approval of a plan and submission of that plan to ISBE, and 5) when additional annual progress reports are required.

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Chief Sponsors Senator: Chris Emmanuel Welch (D) | Representative: Kimberly Lightford (D) Status: Governor Amendatory Veto.

. HB5627 An initiative of the Illinois State Board of Education, the bill makes multiple changes to the state’s teacher licensure system with the aim of retaining and attracting more teach- School Code ers to the state, among other goals. Amendment- Educator Read the Law here Licensure Chief Sponsors Senator: Thomas M. Bennett (R) | Representative: Andy Manar (D) Status: Signed on June 29, 2018, effective date July 1, 2018.

. HB5771 Beginning July 1, 2019, any publicly funded early childhood program receiving Preschool for All funds or Preschool for All Expansion funds must collect and review School Code its chronic absence data and determine what support and resources are needed to Amendment- positively engage chronically absent students and their families. Pre-K Chronic Absence Read the Law here

Chief Sponsors Senator: Linda Chapa LaVia (D) | Representative: Jacqueline Collins (D) Status: Signed on August 13, 2018, effective date July 1, 2019.

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EARLY CHILDHOOD AND GENERAL EDUCATION

. HB5812 In addition to other changes needed to implement the school funding reform law, the bill includes preschoolers in the English Learner definition to ensure districts receive School Code funds necessary to offer bilingual services to preschoolers. The bill also makes it Amendment- possible for districts to receive funding for any preschooler with an Individualized Evidence-Based Education Plan (IEP) – to assist with their specific learning needs – among other changes. Funding Read the Law here

Chief Sponsors Senator: William Davis (D) | Representative: Andy Manar (D) Status: Signed on March 23, 2018, effective date March 23, 2018.

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HUMAN SERVICES

. HJR115 The resolution urges the U.S. Department of Education to actively sustain the school discipline guidance released by the Departments of Education and Justice in 2014. School Discipline Additionally, the State of Illinois and Illinois State Board of Education must uphold the Guidance original school discipline guidance released by the Departments of Education and Justice in 2014, regardless of the decision made by the U.S. Department of Education.

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Chief Sponsors Senator: Sonya Harper (D) | Representative: Omar Aquino (D) Status: Adopted Both Houses.

Beginning October 1, 2018, Temporary Assistance for Needy Families (TANF) grant . SB3115 amounts must be at least 30 percent of federal poverty level guidelines and may not TANF-Grant Amount vary on the county of residence. The bill also provides that grants for child-only Increases assistance units must be at least 75 percent of TANF grants for units of the same size that consist of a caretaker relative with children. The TANF grant has been increased just twice in more than two decades.

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Chief Sponsors Senator: (D) | Representative: Mary Flowers (D) Status: Bill did not move through the process, but these provisions were included in the FY19 state budget and are effective October 1, 2018.

The bill requires employers to provide reasonable break time during the first year after . HB1595 the child’s birth each time the employee needs to express milk. The break time may run Employment-Tech concurrently with any break time already provided to the employee. The bill restricts an employer from reducing an employee’s compensation for time used for the purpose of expressing milk or nursing a baby.

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Chief Sponsors Senator: William Haine (D) | Representative: Katie Stuart (D) Status: Signed on August 21, 2018, effective date August 21, 2018.

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HUMAN SERVICES

. *HB4965 With respect to the child care assistance program, the bill provides that a family’s eligibility redetermination period should be no sooner than twelve months following Child Care the initial or most recent determination (previously six months). The amendment Service-Eligibility also provides that a family will remain eligible regardless of a change in income, unless it exceeds 85 percent of State median income, and regardless of the parents’ employment, job training or educational program status.

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Chief Sponsors Senator: Toi Hutchinson (D) | Representative: Litesa Wallace (D) Status: Signed on August 17, 2018, effective date October 1, 2018.

Beginning in fiscal year 2019, the income threshold for the Child Care Assistance . HB5599 Program must be no less than 185 percent of the then current federal poverty level for Child Care each family size, regardless of other laws or administrative rules. Income-Threshold Read the Law here

Chief Sponsors Senator: Kimberly Lightford (D) | Representative: Melissa Conyears-Ervin (D) Status: Signed on August 17, 2018, effective date August 17, 2018.

. HB5544 HB5544 creates the Illinois Council on Women & Girls Act and the Illinois Council on Women & Girls. The Council will advise the Governor and the General Assembly on Illinois Council on policy issues that impact women and girls in Illinois including education, economic Women & Girls opportunity, workforce equity, leadership, health care, child care, safety, STEAM and intersectionality. The bill provides guidance for the meetings and operations and requires the Council to issue electronic semi-annual recommendation reports to the Governor and General Assembly.

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Chief Sponsors Senator: Jacqueline Collins (D) | Representative: (D) Status: Signed on August 17, 2018, effective date August 17, 2018.

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HUMAN SERVICES

. SB3503 On or before June 1, 2019, all facilities that house a circuit court room shall include at Counties Code least one lactation room or area for members of the public to express breast milk Amendment-Lactation in private that is located outside the confines of a restroom and includes, at minimum, Rooms a chair, a table, and an electrical outlet, as well as a sink with running water where possible. Provides that the lactation rooms and areas shall also meet with reasonable minimum standards prescribed by the Supreme Court of Illinois, and requests the Supreme Court to create minimum standards for training of courthouse staff and personnel regarding location and access to lactation rooms.

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Chief Sponsors Senator: , Jr. (D) | Representative: (D) Status: Signed on August 17, 2018, effective date January 1, 2019.

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CHILD WELFARE AND SAFETY

. SB2516 SB2516 amends the Abused and Neglected Child Reporting Act. The bill provides that on or after January 1, 2019, the statement signed by certain employees that attests to DCFS Mandated their knowledge and understanding of the Act’s reporting requirements should also Reporter Training include information about available mandated reporter trainings provided by the Department of Children and Family Services’.

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Chief Sponsors Senator: (D) | Representative: (D) Status: Signed on August 24, 2018, effective date January 1, 2019.

This legislation states that families with children under the age of five who have . HB4885 an open intact family services case with the Department of Children and Family Services Child Care-Intact (DCFS) will be eligible for child care assistance under the Department of Human Families Services’ (DHS) child care assistance program, and will remain eligible up to 6 months after the child’s intact family case is closed (regardless of the parents or relatives employment or educational status). DHS and DCFS will collaborate in order to adopt rules to ensure the privacy of families who have an open intact family services case when such families enroll in child care assistance. The bill also provides that children who have an open intact family services case will have the opportunity to receive an Early Intervention (EI) screening and other services provided by DHS.

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Chief Sponsors Senator: Pat McGuire (D) | Representative: Robyn Gabel (D) Status: Signed on August 14, 2018, effective date August 14, 2019.

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HEALTH AND MENTAL HEALTH

. SB2996 No later than 180 days after the effective date, the Department of Public Health must update rules to be in accordance with the federal Centers for Disease Control and Elevated Blood Prevention reference value for elevated blood lead level. Currently, Illinois rules allow Lead Level a children’s elevated blood lead level that is twice as high as what is recommended by the CDC.

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Chief Sponsors Senator: Jacqueline Collins (D) | Representative: (D) Status: Signed on August 3, 2018, effective date January 1, 2019.

. SB3015 Existing Illinois school asthma policies, including student self-carry, self-administration of a student’s asthma medication in school, school asthma emergency response School Code protocol and semi-annual staff asthma management training, are amended. The bill Amendment-Asthma also provides that a training curriculum can be conducted online or in person and Medication specifies the training requirements, among other changes.

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Chief Sponsors Senator: David Koehler (D) | Representative: Chris Emmanuel Welch (D) Status: Signed on August 3, 2018, effective date January 1, 2019.

. HB1042 This legislation provides that there shall be at least one designated mothers’ lactation and wellness room in each building located in the State Capitol, Howlett, and State Government- Stratton Buildings. Tech Read the Law here

Chief Sponsors Senator: Toi Hutchinson (D) | Representative: Katie Stuart (D) Status: Signed on August 21, 2018, effective date August 21, 2018.

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HEALTH AND MENTAL HEALTH

. HB1464 The legislation provides that the court orders alternative custody arrangements for pre-trial detainees that they believe will give birth while in custody, unless after a Criminal Law-Tech hearing it is determined that the pre-trial detainee would pose a real and present threat to the physical safety of the alleged victim or general public. HB1464 also ensures that the court may order the detainee to be under electronic monitoring as a condition of pre-trial release or a combination of conditions the court determines are in the best interest of the detainee and the public. The provisions outlined shall be applicable to a pregnant pre-trial detainee in custody on or after the effective date of the bill.

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Chief Sponsors Senator: Toi Hutchinson (D) | Representative: Kelly Cassidy (D) Status: Signed on July 27, 2018, effective date January 1, 2019.

Any instance in which a child under the age of two is in a motor vehicle, he or she . HB4377 has to be properly secured in a rear facing child restraint system, unless the child Rear-Facing Child is 40 pounds or more or is 40 inches or taller. Restraint Read the Law here

Chief Sponsors Senator: Michael Hastings (D) | Representative: Chris Emmanuel Welch (D) Status: Signed on August 3, 2018, effective date January 1, 2019.

The bill requires insurance coverage for medically necessary hearing instruments and . HB4516 related services for all individuals under the age of 18 when a hearing care professional Insurance Code prescribes a hearing instrument. Amendment-Hearing Aid Coverage Read the Law here

Chief Sponsors Senator: Julie Morrison (D) | Representative: (D) Status: Signed on August 22, 2018, effective date August 22, 2018.

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HEALTH AND MENTAL HEALTH

. HB5770 The bill provides that, beginning with the 2019-2020 school year, a school board shall post on its website and incorporate into its student handbook or newsletter notice that School Code students with disabilities who do not qualify for an IEP may qualify for services under Amendment-Mental Section 504 of the federal Rehabilitation Act of 1973. The child may be eligible if Health Services (1) they have a physical or mental impairment that substantially limits one or more major life activities, (2) has a record of physical or mental impairment, or (3) is regarded as having a physical or mental impairment.

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Chief Sponsors Senator: (D) | Representative: (D) Status: Signed on August 28, 2018, effective date August 28, 2018.

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NUTRITION

. SB351 In regard to SNAP eligibility for part-time students, the bill provides that specific community college educational programs that could be a component of SNAP SNAP-Eligibility- Employment and Training (E&T) program shall be considered an employment and Students training program, unless prohibited by law. It also provides that the Department of Human Services, in consultation with representatives of the Illinois Community College Board, ISAC, the Illinois Workforce Investment Board, and advocates for students and SNAP recipients, shall establish a protocol to identify and verify all potential exemptions to an eligibility rule described in a specified federal regulation and to identify and verify a student’s participation in educational programs.

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Chief Sponsors Senator: Julie Morrison (D) | Representative: Litesa Wallace (D) Status: Signed on July 20, 2018, effective date July 20, 2018.

This bill amends the Illinois Public Aid Code makes the Healthy Local Food Incentives . HB4568 Program permanent. The Healthy Local Food Incentives Program provides a financial DHS-Healthy Local incentive for use of SNAP benefits used to purchase fruits and vegetables at participating Food Program farmers markets and other venues.

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Chief Sponsors Senator: (D) | Representative: (R) Status: Signed on July 27, 2018, effective date January 1, 2019.

SB2868 amends the Illinois Income Tax Act and creates an income checkoff for . SB2868 contributions to the Hunger Relief Fund. Illinois Income Tax Amendment-Hunger Read the Law here Relief Fund Chief Sponsors Senator: Don Harmon (D) | Representative: (D) Status: Signed on August 21, 2018, effective date January 1, 2019.

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WORKFORCE AND PROFESSIONAL DEVELOPMENT/HIGHER EDUCATION

. HB0751 The bill allows retired teachers to return to teaching in subject shortage areas without impairing his or her retirement status or retirement annuity, as an attempt to remedy Illinois Pension the teacher shortage across the state, specifically in downstate Illinois. Amendment- Downstate Teacher Read the Law here Shortage Chief Sponsors Senator: (D) | Representative: C.D. Davidsmeyer (R) Status: Signed on August 10, 2018, effective date August 10, 2018.

This legislation creates the Behavioral Health Workforce Education Center Task Force . HB5111 Act and the Behavioral Health Workforce Education Center Task Force to address Behavioral behavioral health care shortages.. The bill details the membership makeup of the Task Health Force as well as how the chairperson will be chosen. The Board of Higher Education will Workforce provide technical support and administrative assistance to the Task Force and will be responsible for operational processes ensuring the requirements of the Act are met.

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Chief Sponsors Senator: Heather Steans (D) | Representative: Lou Lang (D) Status: Signed on August 10, 2018, effective date August 10, 2018.

The bill affords Gateways Level 5 teachers – professional development for childcare . *SB3536 professionals – in community-based Preschool for All (PFA) programs the chance to School Code secure a Professional Educator License (PEL) through an alternative licensure program, Amendment-Preschool while staying in their current jobs. Previous law limited supervision candidates in the for All Alternative alternative licensure program to principals, and the bill adds of “or qualified equivalent” Licensure Program to play a similar role for those working in community-based organizations. The qualifications will be further delineated through rulemaking. The bill also states that teachers seeking the PEL through an alternative licensure program may teach in PFA classrooms. Additionally, due in part to the passage of SB3536 and other efforts by the Illinois Policy Team, workforce professionals and advocates, a program at the University of Illinois-Chicago was approved which is specifically designed to help move teachers in community-based programs toward a Professional Educator License.

Read the Law here

Chief Sponsor Senator: Jacqueline Collins (D) | Representative: Elizabeth Hernandez (D) Status: Signed on August 13, 2018, effective date January 1, 2019.

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ABOUT OUNCE OF PREVENTION FUND The Ounce of Prevention Fund is a private-public partnership dedicated to providing all children — especially those from low income families – with high-quality early childhood experiences from birth to age 5. We aim to be the nation’s trusted source for early childhood research and program models that focus on children’s physical, social and emotional development of children. To give children and families most in-need the best chance for success, the Ounce develops programs, conducts research, trains educators and strongly advocates for early childhood education. Our early childhood programs have created national models of high-quality early childhood education, ensuring that more children have access to opportunities best suited for their future success.

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