LCO No. 4276 1 of 13 General Assembly Raised Bill No. 6558 January Session, 2021 LCO No. 4276 Referred to Committee on EDUCATION Introduced by: (ED) 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 Section 19a-87b of the general statutes is repealed and the 1 following is substituted in lieu thereof (Effective July 1, 2021): 2 (a) No person, group of persons, association, organization, 3 corporation,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 Raised Bill No. 6558 LCO No. 4276 2 of 13 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 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 Raised Bill No. 6558 LCO No. 4276 3 of 13 registry established pursuant to section 17a-101k. The commissioner 50 shall notify each licensee of the provisions of this subsection. For 51 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 Raised Bill No. 6558 LCO No. 4276 4 of 13 Such regulations shall provide appropriate exemptions for children for 83 whom such immunization is medically contraindicated and for children 84 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 Raised Bill No. 6558 LCO No. 4276 5 of 13 the duration of the declared emergency. The commissioner shall 117 establish the criteria by which a waiver request shall be made and the 118 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 the cities of New Britain, New Haven, 149 Raised Bill No. 6558 LCO No. 4276 6 of 13 Bridgeport, Stamford or Hartford in accordance with the provisions of 150 this chapter to a person or group of persons who have partnered with 151 an association, organization, corporation, institution or agency, public 152 or private, to provide child care services in a space within a facility, 153 other than a private family home and that has been approved by the 154 commissioner, that has been provided by such association, 155 organization, corporation, institution or agency. The commissioner shall 156 not approve more than one facility in each such city to be used for 157 licenses issued under this subsection. An application for a license under 158 this subsection shall include a copy of the current fire marshal certificate 159 of compliance with the Fire Safety Code, and written verification of 160 compliance with the State Building Code, local zoning and building 161 requirements and local health ordinances. The commissioner may 162 require an applicant for a license under this subsection to comply with 163 additional conditions relating to the health and safety of the children 164 who will be served in such facility. The commissioner may waive any 165 requirement that does not apply to such facility. Any license issued 166 under this subsection shall expire on June 30, 2026, except that the 167 commissioner may suspend or revoke any such license at any time in 168 accordance with the provisions of section 19a-87e. 169 Sec. 2. (NEW) (Effective July 1, 2021) (a) For the fiscal year ending June 170 30, 2022, and each fiscal year thereafter, the Office of Higher Education, 171 in collaboration with the Office of Early Childhood, shall, within 172 available appropriations, administer an early childhood educator loan 173 forgiveness grant program to persons who meet the eligibility 174 requirements described in subsection (c) of this section. 175 (b) The program shall provide a student loan forgiveness grant to any 176 person (1) who has been continuously employed by a licensed child care 177 center, group child care home or family child care home, as described in 178 section 19a-77 of the general statutes, for at least four years at the time 179 of application, (2) whose annual salary at such licensed child care center 180 is less than fifty thousand dollars per year, and (3) who holds (A) an 181 associate degree with a concentration in early childhood education from 182 a public institution of higher education in the state that is regionally 183 Raised Bill No. 6558 LCO No. 4276 7 of 13 accredited, provided such associate degree program is approved by (i) 184 the Board of Regents for Higher Education or the Office of Higher 185 Education, and (ii) the Office of Early Childhood, or (B) a bachelor's 186 degree with a concentration in early childhood education from a public 187 institution of higher education in the state that is regionally accredited, 188 provided such bachelor's degree program is approved by (i) the Board 189 of Regents for Higher Education or the Office of Higher Education, and 190 (ii) the Office of Early Childhood. As used in this subsection, 191 "concentration in early childhood education" has the same meaning as 192 provided in section 10-16p of the general statutes. 193 (c) Any person who satisfies the eligibility requirements prescribed 194 in subsection (b) of this section shall receive a grant in an amount equal 195 to the remaining balance of such person's federal or state educational 196 loans. 197 (d) Persons may apply to the Office of Higher Education for grants 198 under this section at such time and in such manner as the executive 199 director of the Office of Higher Education prescribes. 200 (e) Any unexpended funds appropriated for purposes of this section 201 shall not lapse at the end of the fiscal year but shall be available for 202 expenditure during the next fiscal year. 203 Sec. 3. (NEW) (Effective January 1, 2022, and applicable to taxable years 204 commencing on or after January 1, 2022) (a) For taxable years commencing 205 on or after January 1, 2022, there shall be allowed a credit against the tax 206 imposed under chapter 229 of the general statutes, for any individual 207 who (1) has been employed for at least six months during the taxable 208 year by a child care center, group child care home or family child care 209 home that provides child care services, as such terms are described in 210 section 19a-77 of the general statutes, in this state with the primary 211 responsibility for a classroom of children, and (2) has a Connecticut 212 adjusted gross income of not more than fifty thousand dollars during 213 each taxable year in which the credit is claimed. 214 (b) Such credit shall be in the amount of (1) five hundred dollars for 215 Raised Bill No. 6558 LCO No. 4276 8 of 13 an individual who has been issued an early childhood teacher 216 credential, pursuant to section 10-520b of the general statutes, (2) one 217 thousand dollars for an individual who holds an associate degree with 218 a concentration in early childhood education from an institution of 219 higher education that is regionally accredited, and (3) one thousand five 220 hundred dollars for an individual who holds at least a bachelor's degree 221 with a concentration in early childhood education from an institution of 222 higher education that is regionally accredited, provided the 223 requirements under subdivisions (1) and (2) of subsection (a) of this 224 section are met for each taxable year in which the credit is claimed. 225 (c) If the amount of the credit allowed pursuant to this section exceeds 226 the individual's liability for the tax imposed under chapter 229 of the 227 general statutes, the Commissioner of Revenue Services shall treat such 228 excess as an overpayment and, except as provided under section 12-739 229 of the general statutes or 12-742 of the general statutes, shall refund the 230 amount of such excess, without interest, to the individual. 231 (d) Any individual claiming a credit under this section shall provide 232 any documentation required by the Commissioner of Revenue Services 233 in a form and manner prescribed by said commissioner. 234 Sec. 4. Subsection (a) of section 17b-749 of the general statutes is 235 repealed and the following is substituted in lieu thereof (Effective July 1, 236 2021): 237 (a) The Commissioner of Early Childhood shall establish and operate 238 a child care subsidy program to increase the availability, affordability 239 and quality of child care services for families with a parent or caretaker 240 who (1) is (A) working, [or attending] (B) enrolled in (i) high school, (ii) 241 a public or independent institution of higher education, (iii) a private 242 occupational school authorized pursuant to sections 10a-22a to 10a-22o, 243 inclusive, or (iv) an alternate route to certification program approved by 244 the State Board of Education, or (C) participating in a local Even Start 245 program or other adult education program approved by the 246 Commissioner of Early Childhood; or (2) receives cash assistance under 247 Raised Bill No. 6558 LCO No. 4276 9 of 13 the temporary family assistance program from the Department of Social 248 Services and is participating in an education, training or other job 249 preparation activity approved pursuant to subsection (b) of section 17b-250 688i or subsection (b) of section 17b-689d. Services available under the 251 child care subsidy program shall include the provision of child care 252 subsidies for children under the age of thirteen or children under the 253 age of nineteen with special needs. The Office of Early Childhood shall 254 open and maintain enrollment for the child care subsidy program and 255 shall administer such program within the existing budgetary resources 256 available. The office shall issue a notice on the office's Internet web site 257 any time the office closes the program to new applications, changes 258 eligibility requirements, changes program benefits or makes any other 259 change to the program's status or terms, except the office shall not be 260 required to issue such notice when the office expands program 261 eligibility. Any change in the office's acceptance of new applications, 262 eligibility requirements, program benefits or any other change to the 263 program's status or terms for which the office is required to give notice 264 pursuant to this subsection, shall not be effective until thirty days after 265 the office issues such notice. 266 Sec. 5. Subsection (d) of section 17b-749 of the general statutes is 267 repealed and the following is substituted in lieu thereof (Effective July 1, 268 2021): 269 (d) (1) Not later than July 1, 2015, an applicant determined to be 270 eligible for program benefits by the Commissioner of Early Childhood 271 shall remain eligible for such benefits for a period prescribed by federal 272 law. 273 (2) For purposes of determining the eligibility of an applicant for 274 program benefits under subparagraph (A) of subdivision (1) of 275 subsection (a) of this section, the commissioner shall accept evidence of 276 registration with a job search assistance program administered by the 277 Labor Department. An applicant determined to be eligible for program 278 benefits under this subdivision shall be considered employed half-time 279 and eligible for such benefits for a period of ninety days while such 280 Raised Bill No. 6558 LCO No. 4276 10 of 13 applicant seeks employment. 281 Sec. 6. Section 8-210 of the general statutes is amended by adding 282 subsection (g) as follows (Effective July 1, 2021): 283 (NEW) (g) For the fiscal years ending June 30, 2022, and June 30, 2023, 284 the Office of Early Childhood shall permit any family that meets the 285 eligibility requirements described in subdivision (1) or (2) of subsection 286 (a) of section 17b-749, as amended by this act, or subdivision (2) of 287 subsection (d) of section 17b-749, as amended by this act, to participate 288 in a program provided at a state-contracted child care center under this 289 section. 290 Sec. 7. (Effective July 1, 2021) (a) There is established a task force to 291 analyze and make recommendations on issues relating to early 292 childhood workforce development needs in the state. 293 (b) The task force shall examine the following: (1) How to encourage 294 equity-based practices in early childhood education preparation and 295 professional development; (2) ways to address inequity in access to 296 employment opportunities and compensation in the early childhood 297 workforce; (3) the feasibility of creating a new co-authored license that 298 would offer multiple levels of flexibly to address the range of ages, 299 settings and roles in the early childhood field, including a professional 300 continuum for assistants, lead teachers, generalists and specialists, such 301 as early interventionist, mental health, integrated special education and 302 rehabilitation therapies; and (4) workforce demands in the state related 303 to the need for early childhood educators providing child care services 304 for infants and toddlers to age six or age eight. 305 (c) The task force shall make recommendations concerning: (1) 306 Legislation for educator preparation requirements in the early 307 childhood field; (2) the creation of a new early childhood teacher license 308 or credential jointly issued by the Office of Early Childhood and the 309 Department of Education; (3) the development of a unifying framework 310 for early childhood educator preparation, in accordance with the 311 National Association for the Education of Young Children and the 312 Raised Bill No. 6558 LCO No. 4276 11 of 13 Council for Exceptional Children - Division of Early Childhood, in order 313 to offer definition of levels for competencies and compensation, such as 314 (A) professional development and alternative routes for aides or 315 classroom assistants, (B) associate degree preparation and alternative 316 routes for assistant teachers, (C) bachelor's degree preparation or post-317 baccalaureate work for head teachers, (D) bachelor's degree preparation, 318 post-baccalaureate work or graduate degree attainment for specialists, 319 and (E) alignment with competencies to address adult learners, 320 experience in the field, as well as capacity in languages, community 321 context and cultural norms; and (4) workforce development and the 322 creation of job opportunities in early childhood. 323 (d) The task force shall consist of the following members: 324 (1) One appointed by the speaker of the House of Representatives 325 who is a professor of early childhood education at a public institution of 326 higher education in the state; 327 (2) One appointed by the president pro tempore of the Senate who is 328 a faculty member from a community college; 329 (3) One appointed by the majority leader of the House of 330 Representatives who is a representative from the Capitol Region 331 Education Council; 332 (4) One appointed by the majority leader of the Senate who is an 333 employee of a child care center, group child care home or family child 334 care home; 335 (5) One appointed by the minority leader of the House of 336 Representatives who is a representative from the Connecticut Early 337 Childhood Alliance; 338 (6) One appointed by the minority leader of the Senate who is a 339 representative from a state or national early childhood accrediting 340 organization; 341 (7) The Commissioner of Early Childhood, or the commissioner's 342 Raised Bill No. 6558 LCO No. 4276 12 of 13 designee; 343 (8) The Commissioner of Education, or the commissioner's designee; 344 (9) The co-chairs of the Connecticut Consortium for the Advancement 345 of Early Childhood Educators; and 346 (10) The executive director of the State Education Resource Center, or 347 the executive director's designee. 348 (e) Any member of the task force appointed under subdivision (1), 349 (2), (3), (4), (5) or (6) of subsection (d) of this section may be a member 350 of the General Assembly. 351 (f) All initial appointments to the task force shall be made not later 352 than thirty days after the effective date of this section. Any vacancy shall 353 be filled by the appointing authority. 354 (g) The appointments of the speaker of the House of Representatives 355 and the president pro tempore of the Senate shall serve as the 356 chairpersons of the task force. Such chairpersons shall schedule the first 357 meeting of the task force, which shall be held not later than sixty days 358 after the effective date of this section. 359 (h) The administrative staff of the joint standing committee of the 360 General Assembly having cognizance of matters relating to education 361 shall serve as administrative staff of the task force. 362 (i) Not later than January 1, 2023, the task force shall submit a report 363 on its findings and recommendations to the joint standing committee of 364 the General Assembly having cognizance of matters relating to 365 education, in accordance with the provisions of section 11-4a of the 366 general statutes. The task force shall terminate on the date that it 367 submits such report or January 1, 2023, whichever is later. 368 Sec. 8. (Effective July 1, 2021) The sum of one hundred fifty thousand 369 dollars is appropriated to the Office of Early Childhood, from the 370 General Fund, for the fiscal year ending June 30, 2022, to support a 371 Raised Bill No. 6558 LCO No. 4276 13 of 13 process facilitator to ensure progress, accountability and to guide the 372 implementation of the recommendations of the task force established 373 pursuant to section 7 of this act. 374 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 Sec. 3 January 1, 2022, and applicable to taxable years commencing on or after January 1, 2022 New section Sec. 4 July 1, 2021 17b-749(a) Sec. 5 July 1, 2021 17b-749(d) Sec. 6 July 1, 2021 8-210 Sec. 7 July 1, 2021 New section Sec. 8 July 1, 2021 New section Statement of Purpose: To (1) establish a pilot program that authorizes the Commissioner of Early Childhood to issue a license to a person or group of persons to operate a family child care home in a space that is not a private home and that has been provided by an association, organization, corporation, institution or agency, (2) establish a student loan forgiveness program for early childhood educators, (3) establish a personal income tax credit for certain employees of child care service providers, (4) expand eligibility in the Care4Kids program for certain parents and caretakers, (5) to permit families seeking employment or enrolled in certain education programs to participate in programs provided by state- contracted child care centers, and (6) to establish a task force to analyze and make recommendations concerning early childhood educator licensing and workforce development. [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]