LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06558-R03- HB.docx 1 of 9 General Assembly Substitute Bill No. 6558 January Session, 2021 AN ACT CONCERNING IS SUES RELATING TO THE PROVISION OF EARLY CHILDHOOD EDUC ATION AND SERVICES IN CONNECTICUT. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Section 19a-87b of the general statutes is repealed and the 1 following is substituted in lieu thereof (Effective July 1, 2021): 2 (a) No person, group of persons, association, organization, 3 corporation, institution or agency, public or private, shall maintain a 4 family child care home, as [defined] described in section 19a-77, without 5 a license issued by the Commissioner of Early Childhood. Licensure 6 forms shall be obtained from the Office of Early Childhood. 7 Applications for licensure shall be made to the commissioner on forms 8 provided by the office and shall contain the information required by 9 regulations adopted under this section. The licensure and application 10 forms shall contain a notice that false statements made therein are 11 punishable in accordance with section 53a-157b. Applicants shall state, 12 in writing, that they are in compliance with the regulations adopted by 13 the commissioner pursuant to subsection (f) of this section. Before a 14 family child care home license is granted, the office shall make an 15 inquiry and investigation which shall include a visit and inspection of 16 the premises for which the license is requested. Any inspection 17 conducted by the office shall include an inspection for evident sources 18 Substitute Bill No. 6558 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06558- R03-HB.docx } 2 of 9 of lead poisoning. The office shall provide for a chemical analysis of any 19 paint chips found on such premises. Neither the commissioner nor the 20 commissioner's designee shall require an annual inspection for homes 21 seeking license renewal or for licensed homes, except that the 22 commissioner or the commissioner's designee shall make an 23 unannounced visit, inspection or investigation of each licensed family 24 child care home at least once every year. A licensed family child care 25 home shall not be subject to any conditions on the operation of such 26 home by local officials, other than those imposed by the office pursuant 27 to this subsection, if the home complies with all local codes and 28 ordinances applicable to single and multifamily dwellings. 29 (b) No person shall act as an assistant or substitute staff member to a 30 person or entity maintaining a family child care home, as defined in 31 section 19a-77, without an approval issued by the commissioner. Any 32 person seeking to act as an assistant or substitute staff member in a 33 family child care home shall submit an application for such approval to 34 the office. Applications for approval shall: (1) Be made to the 35 commissioner on forms provided by the office, (2) contain the 36 information required by regulations adopted under this section, and (3) 37 be accompanied by a fee of fifteen dollars. The approval application 38 forms shall contain a notice that false statements made in such form are 39 punishable in accordance with section 53a-157b. 40 (c) The commissioner, within available appropriations, shall require 41 each initial applicant or prospective employee of a family child care 42 home in a position requiring the provision of care to a child, including 43 an assistant or substitute staff member and each household member 44 who is sixteen years of age or older, to submit to comprehensive 45 background checks, including state and national criminal history 46 records checks. The criminal history records checks required pursuant 47 to this subsection shall be conducted in accordance with section 29-17a. 48 The commissioner shall also request a check of the state child abuse 49 registry established pursuant to section 17a-101k. The commissioner 50 shall notify each licensee of the provisions of this subsection. For 51 Substitute Bill No. 6558 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06558- R03-HB.docx } 3 of 9 purposes of this subsection, "household member" means any person, 52 other than the person who is licensed to conduct, operate or maintain a 53 family child care home, who resides in the family child care home, such 54 as the licensee's spouse or children, tenants and any other occupant. 55 (d) An application for initial licensure pursuant to this section shall 56 be accompanied by a fee of forty dollars and such license shall be issued 57 for a term of four years. An application for renewal of a license issued 58 pursuant to this section shall be accompanied by a fee of forty dollars 59 and a certification from the licensee that any child enrolled in the family 60 child care home has received age-appropriate immunizations in 61 accordance with regulations adopted pursuant to subsection (f) of this 62 section. A license issued pursuant to this section shall be renewed for a 63 term of four years. In the case of an applicant submitting an application 64 for renewal of a license that has expired, and who has ceased operations 65 of a family child care home due to such expired license, the 66 commissioner may renew such expired license within thirty days of the 67 date of such expiration upon receipt of an application for renewal that 68 is accompanied by such fee and such certification. 69 (e) An application for initial staff approval or renewal of staff 70 approval shall be accompanied by a fee of fifteen dollars. Such 71 approvals shall be issued or renewed for a term of two years. 72 (f) The commissioner shall adopt regulations, in accordance with the 73 provisions of chapter 54, to [assure] ensure that family child care homes, 74 as [defined] described in section 19a-77, meet the health, educational 75 and social needs of children utilizing such homes. Such regulations shall 76 ensure that the family child care home is treated as a residence, and not 77 an institutional facility. Such regulations shall specify that each child be 78 protected as age-appropriate by adequate immunization against 79 diphtheria, pertussis, tetanus, poliomyelitis, measles, mumps, rubella, 80 hemophilus influenzae type B and any other vaccine required by the 81 schedule of active immunization adopted pursuant to section 19a-7f. 82 Such regulations shall provide appropriate exemptions for children for 83 whom such immunization is medically contraindicated and for children 84 Substitute Bill No. 6558 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06558- R03-HB.docx } 4 of 9 whose parents or guardian objects to such immunization on religious 85 grounds and require that any such objection be accompanied by a 86 statement from such parents or guardian that such immunization would 87 be contrary to the religious beliefs of such child or the parents or 88 guardian of such child, which statement shall be acknowledged, in 89 accordance with the provisions of sections 1-32, 1-34 and 1-35, by (1) a 90 judge of a court of record or a family support magistrate, (2) a clerk or 91 deputy clerk of a court having a seal, (3) a town clerk, (4) a notary public, 92 (5) a justice of the peace, or (6) an attorney admitted to the bar of this 93 state. Such regulations shall also specify conditions under which family 94 child care home providers may administer tests to monitor glucose 95 levels in a child with diagnosed diabetes mellitus, and administer 96 medicinal preparations, including controlled drugs specified in the 97 regulations by the commissioner, to a child receiving child care services 98 at a family child care home pursuant to a written order of a physician 99 licensed to practice medicine in this or another state, an advanced 100 practice registered nurse licensed to prescribe in accordance with 101 section 20-94a or a physician assistant licensed to prescribe in 102 accordance with section 20-12d, and the written authorization of a 103 parent or guardian of such child. Such regulations shall specify 104 appropriate standards for extended care and intermittent short-term 105 overnight care. The commissioner shall inform each licensee, by way of 106 a plain language summary provided not later than sixty days after the 107 regulation's effective date, of any new or changed regulations adopted 108 under this subsection with which a licensee must comply. 109 (g) Upon the declaration by the Governor of a civil preparedness 110 emergency pursuant to section 28-9 or a public health emergency 111 pursuant to section 19a-131a, the commissioner may waive the 112 provisions of any regulation adopted pursuant to this section if the 113 commissioner determines that such waiver would not endanger the life, 114 safety or health of any child. The commissioner shall prescribe the 115 duration of such waiver, provided such waiver shall not extend beyond 116 the duration of the declared emergency. The commissioner shall 117 establish the criteria by which a waiver request shall be made and the 118 Substitute Bill No. 6558 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06558- R03-HB.docx } 5 of 9 conditions for which a waiver will be granted or denied. The provisions 119 of section 19a-84 shall not apply to a denial of a waiver request under 120 this subsection. 121 (h) Any family child care home may provide child care services to 122 homeless children and youths, as defined in 42 USC 11434a, as amended 123 from time to time, for a period not to exceed ninety days without 124 complying with any provision in regulations adopted pursuant to this 125 section relating to immunization and physical examination 126 requirements. Any family child care home that provides child care 127 services to homeless children and youths at such home under this 128 subsection shall maintain a record on file of all homeless children and 129 youths who have attended such home for a period of two years after 130 such homeless children or youths are no longer receiving child care 131 services at such home. 132 (i) Any family child care home may provide child care services to a 133 foster child for a period not to exceed forty-five days without complying 134 with any provision in regulations adopted pursuant to this section 135 relating to immunization and physical examination requirements. Any 136 family child care home that provides child care services to a foster child 137 at such home under this subsection shall maintain a record on file of 138 such foster child for a period of two years after such foster child is no 139 longer receiving child care services at such home. For purposes of this 140 subsection, "foster child" means a child who is in the care and custody 141 of the Commissioner of Children and Families and placed in a foster 142 home licensed pursuant to section 17a-114, foster home approved by a 143 child-placing agency licensed pursuant to section 17a-149, facility 144 licensed pursuant to section 17a-145 or with a relative or fictive kin 145 caregiver pursuant to section 17a-114. 146 (j) For the fiscal years ending June 30, 2022, to June 30, 2026, inclusive, 147 the Commissioner of Early Childhood may issue a license to maintain a 148 family child care home in New Britain, New Haven, Bridgeport, 149 Stamford, Hartford or Waterbury in accordance with the provisions of 150 this chapter to a person or group of persons who have partnered with 151 Substitute Bill No. 6558 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06558- R03-HB.docx } 6 of 9 an association, organization, corporation, institution or agency, public 152 or private, to provide child care services in a space provided by such 153 association, organization, corporation, institution or agency, provided 154 such space has been approved by the commissioner and is not in a 155 private family home. The commissioner shall not approve more than 156 one facility in each such city to be used for licenses issued under this 157 subsection. An application for a license under this subsection shall 158 include a copy of the current fire marshal certificate of compliance with 159 the Fire Safety Code, and written verification of compliance with the 160 State Building Code, local zoning and building requirements and local 161 health ordinances. The commissioner may require an applicant for a 162 license under this subsection to comply with additional conditions 163 relating to the health and safety of the children who will be served in 164 such facility. The commissioner may waive any requirement that does 165 not apply to such facility. Any license issued under this subsection shall 166 expire on June 30, 2026, except that the commissioner may suspend or 167 revoke any such license at any time in accordance with the provisions 168 of section 19a-87e. 169 Sec. 2. (Effective July 1, 2021) (a) There is established a task force to 170 analyze and make recommendations on issues relating to early 171 childhood workforce development needs in the state. 172 (b) The task force shall examine the following: (1) How to encourage 173 equity-based practices in early childhood education preparation and 174 professional development; (2) ways to address inequity in access to 175 employment opportunities and compensation in the early childhood 176 workforce; (3) the feasibility of creating a new co-authored license that 177 would offer multiple levels of flexibility to address the range of ages, 178 settings and roles in the early childhood field, including a professional 179 continuum for assistants, lead teachers, generalists and specialists, such 180 as early intervention, mental health, integrated special education and 181 rehabilitation therapies; and (4) workforce demands in the state related 182 to the need for early childhood educators providing child care services 183 for infants and toddlers and children up to ages six, seven or eight. 184 Substitute Bill No. 6558 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06558- R03-HB.docx } 7 of 9 (c) The task force shall make recommendations concerning: (1) 185 Legislation for educator preparation requirements in the early 186 childhood field; (2) the creation of a new early childhood teacher license 187 or credential jointly issued by the Office of Early Childhood and the 188 Department of Education; (3) the development of a unifying framework 189 for early childhood educator preparation, in accordance with the 190 National Association for the Education of Young Children and the 191 Council for Exceptional Children - Division of Early Childhood, in order 192 to offer definition of levels for competencies and compensation, such as 193 (A) professional development and alternative routes for aides or 194 classroom assistants, (B) associate degree preparation and alternative 195 routes for assistant teachers, (C) bachelor's degree preparation or post-196 baccalaureate work for head teachers, (D) bachelor's degree preparation, 197 post-baccalaureate work or graduate degree attainment for specialists, 198 and (E) alignment with competencies to address adult learners, 199 experience in the field, as well as capacity in languages, community 200 context and cultural norms; (4) methods to increase compensation 201 related to competency and degree attainment that will work across all 202 sectors of the early care and education sector including subsidized and 203 parent fee supported programs; and (5) workforce development and the 204 creation of job opportunities in early childhood. 205 (d) The task force shall consist of the following members: 206 (1) Two appointed by the speaker of the House of Representatives, 207 one of whom is a professor of early childhood education at a public 208 institution of higher education in the state and one of whom is a 209 representative of a school readiness program, as defined in section 10-210 16p of the general statutes, or a state-funded child care center pursuant 211 to section 8-210 of the general statutes, as amended by this act; 212 (2) Two appointed by the president pro tempore of the Senate, one of 213 whom is a faculty member from a community college and one of whom 214 is a representative of a private child care provider that is not receiving 215 state financial assistance under section 8-210 of the general statutes, as 216 amended by this act, or 10-16p of the general statutes; 217 Substitute Bill No. 6558 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06558- R03-HB.docx } 8 of 9 (3) One appointed by the majority leader of the House of 218 Representatives who is a representative from the Capitol Region 219 Education Council; 220 (4) One appointed by the majority leader of the Senate who is an 221 operator of a family child care home or a representative of an 222 organization that represents or supports the interests of family child 223 care homes; 224 (5) One appointed by the minority leader of the House of 225 Representatives who is a representative from the Connecticut Early 226 Childhood Alliance; 227 (6) One appointed by the minority leader of the Senate who is a 228 representative from a state or national early childhood accrediting 229 organization; 230 (7) The Commissioner of Early Childhood, or the commissioner's 231 designee; 232 (8) The Commissioner of Education, or the commissioner's designee; 233 (9) The cochairs of the Connecticut Consortium for the Advancement 234 of Early Childhood Educators; and 235 (10) The executive director of the State Education Resource Center, or 236 the executive director's designee. 237 (e) Any member of the task force appointed under subdivision (3), 238 (4), (5) or (6) of subsection (d) of this section may be a member of the 239 General Assembly. 240 (f) All initial appointments to the task force shall be made not later 241 than thirty days after the effective date of this section. Any vacancy shall 242 be filled by the appointing authority. 243 (g) The appointments of the speaker of the House of Representatives 244 and the president pro tempore of the Senate shall serve as the 245 Substitute Bill No. 6558 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06558- R03-HB.docx } 9 of 10 chairpersons of the task force. Such chairpersons shall schedule the first 246 meeting of the task force, which shall be held not later than sixty days 247 after the effective date of this section. 248 (h) The administrative staff of the joint standing committee of the 249 General Assembly having cognizance of matters relating to education 250 shall serve as administrative staff of the task force. 251 (i) Not later than January 1, 2023, the task force shall submit a report 252 on its findings and recommendations to the joint standing committee of 253 the General Assembly having cognizance of matters relating to 254 education, in accordance with the provisions of section 11-4a of the 255 general statutes. The task force shall terminate on the date that it 256 submits such report or January 1, 2023, whichever is later. 257 This act shall take effect as follows and shall amend the following sections: Section 1 July 1, 2021 19a-87b Sec. 2 July 1, 2021 New section Statement of Legislative Commissioners: In Section 1(j), "the cities of" was deleted for proper form, and "in a space within a facility, other than a private family home and that has been approved by the commissioner, that has been provided by such association, organization, corporation, institution or agency" was replaced with "in a space provided by such association, organization, corporation, institution or agency, provided such space has been approved by the commissioner and is not in a private family home" for clarity; in Section 2(b)(2), "flexibly" was replaced with "flexibility" for accuracy; in Section 2(b)(3) "interventionist" was replaced with "intervention" for accuracy; in Section 2(b)(4) "to age six or age eight" was replaced with "and children up to ages six, seven or eight" for clarity; and in Section 2(e) "(1), (2)," was deleted for proper form. ED Joint Favorable Subst. C/R APP APP Joint Favorable Subst. Substitute Bill No. 6558 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06558- R03-HB.docx } 10 of 10