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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 Section 19a-87b of the general statutes is repealed and the 1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 the cities of New Britain, New Haven, 149
Bridgeport, Stamford, Hartford or Waterbury in accordance with the 150
provisions of this chapter to a person or group of persons who have 151 Substitute Bill No. 6558
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partnered with an association, organization, corporation, institution or 152
agency, public or private, to provide child care services in a space within 153
a facility, other than a private family home and that has been approved 154
by the 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
accredited, provided such associate degree program is approved by (i) 184 Substitute Bill No. 6558
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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 Substitute Bill No. 6558
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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 Substitute Bill No. 6558
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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 Substitute Bill No. 6558
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applicant seeks employment. 281
Sec. 6. Section 17b-749 of the general statutes is amended by adding 282
subsection (l) as follows (Effective July 1, 2021): 283
(NEW) (l) For the fiscal year ending June 30, 2022, and each fiscal year 284
thereafter, the amount of the subsidy paid to providers under the child 285
care subsidy program shall be at least seventy-five per cent of the market 286
rate, as determined by the Commissioner of Early Childhood pursuant 287
to the current market rate study required under federal law. 288
Sec. 7. Section 8-210 of the general statutes is amended by adding 289
subsection (g) as follows (Effective July 1, 2021): 290
(NEW) (g) For the fiscal years ending June 30, 2022, and June 30, 2023, 291
the Office of Early Childhood shall permit any family that meets the 292
eligibility requirements described in subdivision (1) or (2) of subsection 293
(a) of section 17b-749, as amended by this act, or subdivision (2) of 294
subsection (d) of section 17b-749, as amended by this act, to participate 295
in a program provided at a state-contracted child care center under this 296
section. 297
Sec. 8. (Effective July 1, 2021) (a) There is established a task force to 298
analyze and make recommendations on issues relating to early 299
childhood workforce development needs in the state. 300
(b) The task force shall examine the following: (1) How to encourage 301
equity-based practices in early childhood education preparation and 302
professional development; (2) ways to address inequity in access to 303
employment opportunities and compensation in the early childhood 304
workforce; (3) the feasibility of creating a new co-authored license that 305
would offer multiple levels of flexibly to address the range of ages, 306
settings and roles in the early childhood field, including a professional 307
continuum for assistants, lead teachers, generalists and specialists, such 308
as early interventionist, mental health, integrated special education and 309
rehabilitation therapies; and (4) workforce demands in the state related 310
to the need for early childhood educators providing child care services 311 Substitute Bill No. 6558
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for infants and toddlers to age six or age eight. 312
(c) The task force shall make recommendations concerning: (1) 313
Legislation for educator preparation requirements in the early 314
childhood field; (2) the creation of a new early childhood teacher license 315
or credential jointly issued by the Office of Early Childhood and the 316
Department of Education; (3) the development of a unifying framework 317
for early childhood educator preparation, in accordance with the 318
National Association for the Education of Young Children and the 319
Council for Exceptional Children - Division of Early Childhood, in order 320
to offer definition of levels for competencies and compensation, such as 321
(A) professional development and alternative routes for aides or 322
classroom assistants, (B) associate degree preparation and alternative 323
routes for assistant teachers, (C) bachelor's degree preparation or post-324
baccalaureate work for head teachers, (D) bachelor's degree preparation, 325
post-baccalaureate work or graduate degree attainment for specialists, 326
and (E) alignment with competencies to address adult learners, 327
experience in the field, as well as capacity in languages, community 328
context and cultural norms; (4) methods to increase compensation 329
related to competency and degree attainment that will work across all 330
sectors of the early care and education sector including subsidized and 331
parent fee supported programs; and (5) workforce development and the 332
creation of job opportunities in early childhood. 333
(d) The task force shall consist of the following members: 334
(1) Two appointed by the speaker of the House of Representatives, 335
one of whom is a professor of early childhood education at a public 336
institution of higher education in the state and one of whom is a 337
representative of a school readiness program, as defined in section 10-338
16p of the general statutes, or a state-funded child care center pursuant 339
to section 8-210 of the general statutes, as amended by this act; 340
(2) Two appointed by the president pro tempore of the Senate, one of 341
whom is a faculty member from a community college and one of whom 342
is a representative of a private child care provider that is not receiving 343 Substitute Bill No. 6558
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state financial assistance under section 8-210 of the general statutes, as 344
amended by this act, or 10-16p of the general statutes; 345
(3) One appointed by the majority leader of the House of 346
Representatives who is a representative from the Capitol Region 347
Education Council; 348
(4) One appointed by the majority leader of the Senate who is an 349
operator of a family child care home or a representative of an 350
organization that represents or supports the interests of family child 351
care homes; 352
(5) One appointed by the minority leader of the House of 353
Representatives who is a representative from the Connecticut Early 354
Childhood Alliance; 355
(6) One appointed by the minority leader of the Senate who is a 356
representative from a state or national early childhood accrediting 357
organization; 358
(7) The Commissioner of Early Childhood, or the commissioner's 359
designee; 360
(8) The Commissioner of Education, or the commissioner's designee; 361
(9) The cochairs of the Connecticut Consortium for the Advancement 362
of Early Childhood Educators; and 363
(10) The executive director of the State Education Resource Center, or 364
the executive director's designee. 365
(e) Any member of the task force appointed under subdivision (1), 366
(2), (3), (4), (5) or (6) of subsection (d) of this section may be a member 367
of the General Assembly. 368
(f) All initial appointments to the task force shall be made not later 369
than thirty days after the effective date of this section. Any vacancy shall 370
be filled by the appointing authority. 371 Substitute Bill No. 6558
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(g) The appointments of the speaker of the House of Representatives 372
and the president pro tempore of the Senate shall serve as the 373
chairpersons of the task force. Such chairpersons shall schedule the first 374
meeting of the task force, which shall be held not later than sixty days 375
after the effective date of this section. 376
(h) The administrative staff of the joint standing committee of the 377
General Assembly having cognizance of matters relating to education 378
shall serve as administrative staff of the task force. 379
(i) Not later than January 1, 2023, the task force shall submit a report 380
on its findings and recommendations to the joint standing committee of 381
the General Assembly having cognizance of matters relating to 382
education, in accordance with the provisions of section 11-4a of the 383
general statutes. The task force shall terminate on the date that it 384
submits such report or January 1, 2023, whichever is later. 385
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 17b-749
Sec. 7 July 1, 2021 8-210
Sec. 8 July 1, 2021 New section
ED Joint Favorable Subst. C/R APP