Connecticut 2021 2021 Regular Session

Connecticut House Bill HB06558 Comm Sub / Bill

Filed 05/10/2021

                     
 
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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 Section 19a-87b of the general statutes is repealed and the 1 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 
 
 
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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 
 
 
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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 
 
 
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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 
 
 
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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 
 
 
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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 
 
 
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(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 
 
 
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(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 
 
 
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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 
 
 
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