Connecticut 2024 2024 Regular Session

Connecticut House Bill HB05002 Comm Sub / Analysis

Filed 08/01/2024

                    O F F I C E O F L E G I S L A T I V E R E S E A R C H 
P U B L I C A C T S U M M A R Y 
 
  	Page 1 
PA 24-91—sHB 5002 
Finance, Revenue and Bonding Committee 
 
AN ACT CONCERNING EA RLY CHILDHOOD CARE A ND EDUCATION 
 
TABLE OF CONTENTS: 
 
§§ 1-2 & 13 — EARLY CHILDHOOD CARE AND E DUCATION FUND 
Renames the Early Childhood Education Fund created in the FY 24-25 budget act as the Early 
Childhood Care and Education Fund and establishes a framework for the fund’s deposits and 
investments and the state treasurer’s authority and powers on behalf of the fund; creates a 23-
member advisory commission within the Legislative Department to, among other things, review 
and report on the fund’s financial health and status and prepare a five-year plan for its 
expenditures 
§ 3 — TRI-SHARE CHILD CARE MATCHING PROG RAM 
Requires OEC, within available appropriations, to establish a Tri-Share Child Care Matching 
Program serving New London County in which child care costs are shared equally between 
participating employers, employees, and the state 
§ 4 — WAGE SUPPLEMEN T PAYMENT PROGRAM 
Requires OEC, for FY 25, to set up and administer a wage supplement payment program that 
provides one-time payments of at least $1,800 to eligible early childhood education teachers and 
teacher assistants; requires OEC to use $9 million of its FY 25 General Fund appropriation for 
Early Care and Education used for school readiness and child day care purposes for the payments 
§ 5 — SURPLUS LAND FOR EARLY CHILDHOOD C ARE AND EARLY 
CHILDHOOD EDUCATION PROGRAMS 
Requires the OEC commissioner to notify the OPM secretary if certain surplus state property can 
be used for early childhood care and education programs 
§ 6 — OEC LIABILITY INSURANCE COVERAGE D OCUMENT FOR 
CHILD CARE CENTERS 
Requires the OEC commissioner to develop a document for child care centers and homes 
explaining the benefits of maintaining liability insurance coverage and the potential consequences 
of not doing so; requires the document to be electronically distributed to child care facilities 
§ 7 — OEC DEVELOPMEN TAL MILESTONES DOCUM ENT 
Exempts child care centers and homes that exclusively serve school-age children from the 
requirement to post a copy of an OEC-developed developmental milestones document in the center 
or home 
§§ 8-9, 11 & 12 — CARE 4 KIDS 
Expands the Care 4 Kids protective service class to include children under the care of a caregiver 
who receives subsidies under the subsidized guardianship program; repeals the Care 4 Kids  O L R P U B L I C A C T S U M M A R Y 
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program regulations and instead requires the OEC commissioner to (1) administer the program 
by implementing the federal Child Care Development Fund program’s regulations and (2) 
develop policies and procedures necessary to do so 
§ 10 — BIRTH-TO-THREE SERVICES 
Requires child care centers to allow a child with an individualized family service plan who is 
eligible to receive Birth-to-Three services to receive them on-site at a child care center or home 
 
 
§§ 1-2 & 13 — EARLY CHILDHOOD CARE AND EDUCATION FUND 
 
Renames the Early Childhood Education Fund created in the FY 24-25 budget act as the Early 
Childhood Care and Education Fund and establishes a framework for the fund’s deposits and 
investments and the state treasurer’s authority and powers on behalf of the fund; creates a 23-
member advisory commission within the Legislative Department to, among other things, review 
and report on the fund’s financial health and status and prepare a five-year plan for its 
expenditures 
 
Fund Requirements (§ 1) 
 
This act renames the Early Childhood Education Fund created in the FY 24-25 
budget act as the Early Childhood Care and Education Fund. As under prior law, 
the act requires the Early Childhood Care and Education Fund to contain any money 
required or allowed by law to be deposited in it, including funds received from 
public or private contributions, gifts, and grants. The act explicitly allows it to 
contain federal, state, or local grants, and additionally allows it to contain any 
earnings until they are disbursed according to the act. 
The act requires the fund’s deposits to be used solely to support the state’s early 
childhood education and child care needs. They are not state property, cannot be 
combined with state funds, and the state has no claim on them. The fund is not a 
state department, institution, or agency. It must continue to exist as long as it has 
deposits or obligations and until terminated by law.  
Under the act, any contract entered into by the fund, or any obligation of the 
fund, is not a state debt or obligation, and the state has no obligation on account of 
the fund. Amounts that must be paid from the fund are limited to the amount 
deposited there that is available for the payments.  
 
Treasurer’s Authority and Powers (§ 1) 
 
The act eliminates the requirement that the comptroller establish the fund and 
instead authorizes the treasurer, on the fund’s behalf and to carry out its purposes, 
to do the following: 
1. receive and invest the fund’s money in any instruments, obligations, 
securities, or property as described below;  
2. enter into contractual agreements for services for the fund (e.g., legal, 
actuarial, administrative, and consulting) and pay for them with the fund’s 
assets;   O L R P U B L I C A C T S U M M A R Y 
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3. obtain insurance for the fund’s property, assets, activities, or deposits;  
4. apply for and accept public or private donations to enable the fund to 
achieve its objectives;  
5. adopt regulations;  
6. sue and be sued;  
7. establish accounts within the fund; and  
8. take other necessary action to carry out the act’s purposes and related to the 
treasurer’s duties under the act. 
 
Investments (§ 1) 
 
The act requires the state treasurer to (1) invest the fund’s deposits in a 
reasonable way to achieve its objectives; (2) exercise a prudent person’s care and 
discretion; and (3) consider such things as rate of return, risk, maturity, portfolio 
diversification, liquidity, projected disbursements and expenditures, and expected 
deposits and other gifts.  
Under the act, the state treasurer need not require the fund to invest in state or 
municipal bonds or other funds he administers. The fund’s assets must be 
continuously invested and reinvested, consistent with the fund’s objectives, until 
they are disbursed by the comptroller as the act allows. 
 
Advisory Commission (§§ 2 & 13) 
 
Membership and Administration. The act creates a 23-member Early Childhood 
Care and Education Fund Advisory Commission within the Legislative Department 
to (1) review and report on the fund’s financial health and status, (2) submit and 
update a five-year plan to the legislature on fund expenditures that would best 
support the state’s early childhood education and child care needs, and (3) 
recommend legislative changes to further the fund’s purposes. Under the act, the 
commission consists of the 14 appointed members shown in the table below; the 
chairpersons and ranking members of the Finance, Revenue and Bonding 
Committee; and the following state officials or their designees: the Office of Policy 
and Management (OPM) secretary, state treasurer, state comptroller, and early 
childhood and education commissioners. 
 
Early Childhood Care and Education Fund Advisory Commission 
Appointing 
Authority 
Number of 
Appointments 
Appointee’s Qualifications 
House speaker 3 
One member of the Office of Early Childhood’s (OEC) 
parent cabinet who is a parent 
One early childhood teacher 
One General Assembly member 
Senate 
president pro 
tempore 
3 
One who operates or represents a home-based child 
care services provider in Connecticut  
One parent of a child receiving Birth-to-Three services 
One General Assembly member  O L R P U B L I C A C T S U M M A R Y 
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Appointing 
Authority 
Number of 
Appointments 
Appointee’s Qualifications 
House majority 
leader 
2 
One who represents an early childhood education 
program operator in Connecticut 
One Early Childhood Cabinet member who represents a 
family resource center 
Senate majority 
leader 
2 
One Early Childhood Funder Collaborative member who 
represents a philanthropic organization engaged in early 
childhood education or child care issues in Connecticut 
One Early Childhood Cabinet member who represents 
OEC’s Connecticut Head Start State Collaboration 
Office 
House minority 
leader 
2 
One who represents a non-home-based child care 
services provider in Connecticut 
One Early Childhood Cabinet member who is an OEC 
representative who administers the Childhood Care and 
Development Fund 
Senate minority 
leader 
2 
One who represents a corporation with a significant 
physical presence in Connecticut that employs people 
who may benefit from early childhood education and 
state child care initiatives 
One OEC representative who administers the federal 
Individuals with Disabilities Education Act (IDEA) Part C 
program  
 
Under the act, appointed members serve at the pleasure of, and coterminous 
with, their appointing authority. To the extent practicable, appointing authorities 
must appoint members to ensure that the state’s geographic areas are represented. 
They must also fill any vacancies, and those occurring other than by term expiration 
must be filled for the remainder of the unexpired term.  
The commission is chaired by (1) the state comptroller and (2) two General 
Assembly members appointed by the House speaker and Senate president pro 
tempore. The chairpersons must schedule and hold the first meeting by August 3, 
2024. The commission must meet as often as the chairpersons or a majority of its 
members deem necessary, and a majority of members constitutes a quorum. 
Members are considered to have resigned from the commission if they miss 
three consecutive meetings or 50% of the meetings held during any calendar year. 
The act requires the Finance, Revenue and Bonding Committee’s 
administrative staff to serve as the advisory commission’s administrative staff. 
Travel Expenses and Stipend. Members generally serve without compensation 
but must be reimbursed for necessary travel expenses, within available funds. The 
exception is for the following commission members who, within available funds, 
are eligible for a $25 per hour stipend for each hour (or part of an hour) that they 
attend a commission meeting: 
1. parent member of OEC’s parent cabinet, 
2. parent of a child receiving Birth-to-Three services, 
3. early childhood teacher, and  O L R P U B L I C A C T S U M M A R Y 
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4. representatives of an early childhood education program operator and 
home- and non-home-based child care services providers if they are 
employees of the respective operator or provider and (except for the home-
based child care services provider representative) paid hourly. 
Under the act, the travel time to and from the meeting does not count towards 
the stipend. Eligible members must submit a request to the Office of Legislative 
Management’s executive director, as he requires, to receive the travel expenses or 
stipend. They must provide any documentation the executive director requires to 
substantiate the requested amount. 
Powers and Duties. The act authorizes the commission to do the following: 
1. review and monitor the Early Childhood Care and Education Fund to assess 
its financial sustainability; 
2. get the help and data it needs to carry out its purposes from any executive 
department, board, commission, or state agency; and 
3. do anything else necessary and appropriate to carry out its duties. 
Reporting Requirement. Annually, starting by January 1, 2026, the commission 
must report to the Appropriations; Finance, Revenue and Bonding; Education; and 
Children’s committees on the Early Childhood Care and Education Fund’s financial 
health and status. The report must include: 
1. the amount deposited in the fund and whether it is sufficient to achieve the 
fund’s purposes, 
2. actual or expected disbursements for the applicable fiscal year, 
3. the fund’s investments’ rates of return, and 
4. any recommendations for policy changes and statutory changes to further 
the fund’s purposes. 
By January 1, 2026, the commission must also submit to these same committees 
a five-year plan for the fund’s expenditures that would best support the state’s early 
childhood education and child care needs. In developing this plan, the commission 
must consider (1) reports on the state of these needs in Connecticut and 
kindergarten readiness and (2) best practices in other states. It must update and 
submit this plan to these committees at least annually. 
The act also eliminates the requirement that the OEC commissioner annually 
report to the legislature on the prior Early Childhood Education Fund and the Blue-
Ribbon Panel on Child Care’s recommendations (§ 13). 
Public Hearing. Beginning with FY 26, the commission must annually hold a 
public hearing on the state of the fund and of early childhood education and child 
care in the state. 
EFFECTIVE DATE: Upon passage 
 
§ 3 — TRI-SHARE CHILD CARE MATCHING PROG RAM 
 
Requires OEC, within available appropriations, to establish a Tri-Share Child Care Matching 
Program serving New London County in which child care costs are shared equally between 
participating employers, employees, and the state 
 
Program Duration and Administrator 
  O L R P U B L I C A C T S U M M A R Y 
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The act requires OEC, within available appropriations, to create a Tri-Share 
Child Care Matching Program for New London County in which child care costs 
are shared equally between participating employers, employees, and the state. The 
program must run for at least two years and be administered by a regional or 
statewide organization selected by OEC. The administrator must: 
1. set the program’s eligibility criteria for employers and employees (although 
the act sets specific criteria as described below) and recruit employers to 
participate; 
2. ensure that the child care facilities receiving program funds are state-
licensed and disburse funds to the appropriate providers; 
3. collect and ensure timely payment from the state and participating 
employers and employees;  
4. coordinate adequate communication between all parties; and 
5. collect and submit data to OEC on participating employees (e.g., their 
annual household income), as long as this data is deidentified. 
OEC must enter into an agreement with its chosen administrator to perform 
these duties. This agreement must at least include: 
1. a provision that the administrator must receive, for its administrative costs, 
up to 10% of the funds the state allocates to the program; 
2. a requirement that the administrator not commingle program funds with any 
other funds it holds or controls, other than those it receives for 
administrative costs;  
3. any restrictions or prohibitions on disclosing data the administrator received 
or collected on participating employees; and 
4. penalties for violating any provision of the agreement or the act’s Tri-Share 
program provisions. 
 
Eligibility Criteria 
 
To participate in the program, employers must have a physical facility in New 
London County that is its employees’ principal workplace. Employees must: 
1. be employed by a participating employer,  
2. live in Connecticut, 
3. have a principal workplace in New London County, and 
4. not be receiving other public assistance for child care costs. 
 
Reporting Requirement 
 
The act requires the OEC commissioner, beginning with the fiscal year 
immediately following the program’s first year, to annually report on the program 
to the Appropriations; Finance, Revenue and Bonding; Education; and Children’s 
committees. The report must at least include: 
1. for the immediately preceding fiscal year, the (a) number of participating 
employers and employees and (b) amounts the administrator disbursed for 
child care costs and retained for administrative costs;  
2. the percentage of participating employees whose household incomes are  O L R P U B L I C A C T S U M M A R Y 
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below the asset limited, income constrained, employed population threshold 
calculated in the United Way of Connecticut’s most recent ALICE report 
(see Background — ALICE Threshold); and 
3. the commissioner’s recommendations for programmatic or legislative 
changes to improve the program or further its purposes. 
 
Background — ALICE Threshold 
 
The United Way’s ALICE (i.e., asset limited, income constrained, and 
employed) threshold represents the minimum income level needed for a household 
to afford an estimated minimum budget (i.e., the ALICE household survival 
budget). The threshold is adjusted for household size and composition for each 
county.  
EFFECTIVE DATE: July 1, 2024 
 
§ 4 — WAGE SUPPLEMEN T PAYMENT PROGRAM 
 
Requires OEC, for FY 25, to set up and administer a wage supplement payment program that 
provides one-time payments of at least $1,800 to eligible early childhood education teachers and 
teacher assistants; requires OEC to use $9 million of its FY 25 General Fund appropriation for 
Early Care and Education used for school readiness and child day care purposes for the payments 
 
Wage Supplement Payments 
 
The act requires OEC to set up and administer a wage supplement program for 
FY 25 that gives eligible early childhood teachers and teacher assistants a one-time 
wage supplement payment of at least $1,800. Under the act, OEC must provide 
these payments on a first-come, first-served basis, up to the amount made available 
for the payments, and award all eligible applicants the same payment amount. To 
make the payments, the act requires OEC to use $9 million of its FY 25 General 
Fund appropriation for Early Care and Education used for school readiness and 
child day care purposes.  
 
Eligible Applicants 
 
To qualify for the wage supplement payment, “early childhood teachers” and 
“teacher assistants” must be in a state-funded school readiness program or state-
funded child care program. “Early childhood teachers” must have primary 
responsibility for a classroom of children for at least 50% of their assigned time, 
while “teacher assistants” must have a primary duty to assist an early childhood 
teacher in providing early childhood care or as part of a school readiness program. 
Both must be regularly scheduled and have been employed in these respective 
capacities for at least six months at the time of the application. 
 
Application Process 
 
The OEC commissioner must determine (1) the application period and process  O L R P U B L I C A C T S U M M A R Y 
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for eligible applicants to apply to register for a wage supplement payment and (2) 
how to spread information about the program to best achieve the act’s purposes. 
OEC must review the submitted applications, confirm each applicant’s eligibility, 
and, within 30 days after receiving an application, notify applicants of whether or 
not they were approved and the reason why if they were not approved. 
 
Income or Asset Disregard 
 
Under the act, to the extent federal law allows, the wage supplement payments 
are not considered income or assets for determining eligibility for any state-
administered public assistance program, including any HUSKY program. 
 
Legislative Report 
 
The OEC commissioner must report on the program by October 1, 2025, to the 
Appropriations; Finance, Revenue and Bonding; Education; and Children’s 
committees. The report must at least include (1) the number of eligible early 
childhood teachers and teacher assistants that applied and were approved for a 
payment, (2) the payment amounts to each group and in total, and (3) a 
recommendation for whether the program should be expanded or extended. 
EFFECTIVE DATE: Upon passage 
 
§ 5 — SURPLUS LAND FOR EARLY CHILDHOOD C ARE AND EARLY 
CHILDHOOD EDUCATION PROGRAMS  
 
Requires the OEC commissioner to notify the OPM secretary if certain surplus state property can 
be used for early childhood care and education programs  
 
By law, the OPM secretary must notify all state agencies when surplus state 
property is available, and specified commissioners (e.g., commissioners of 
economic and community development, transportation, and housing) must 
determine and notify the secretary if the property can be used for certain agency-
specific purposes. The act adds the OEC commissioner to this group by requiring 
her to notify the OPM secretary if the surplus property can be used for early 
childhood care and early childhood education programs. If she determines the 
agency can use the property, the act requires her to submit a plan describing the 
proposed use for the secretary’s review, as the other commissioners must already 
do under existing law (CGS § 4b-21). 
EFFECTIVE DATE: July 1, 2024 
 
§ 6 — OEC LIABILITY INSURANCE COVERAGE D OCUMENT FOR CHILD 
CARE CENTERS  
 
Requires the OEC commissioner to develop a document for child care centers and homes 
explaining the benefits of maintaining liability insurance coverage and the potential consequences 
of not doing so; requires the document to be electronically distributed to child care facilities  
  O L R P U B L I C A C T S U M M A R Y 
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The act requires the OEC commissioner, by December 1, 2024, to develop a 
document for child care centers and homes explaining the benefits of maintaining 
liability insurance coverage and the potential consequences of not doing so. The 
OEC commissioner must (1) develop this document in consultation with a nonprofit 
organization that provides entrepreneurial and financial education services to 
women and (2) electronically distribute the document to licensed child care centers, 
group child care homes, and family child care homes each year, starting by January 
1, 2025.  
EFFECTIVE DATE: Upon passage 
 
§ 7 — OEC DEVELOPMENTAL MILESTONES DOC UMENT  
 
Exempts child care centers and homes that exclusively serve school-age children from the 
requirement to post a copy of an OEC-developed developmental milestones document in the center 
or home  
 
Existing law requires child care centers and group or family child care homes 
to post a copy of an OEC-developed document (1) listing key developmental 
milestones for children from birth to age five and (2) informing parents or guardians 
that they may access the OEC Child Development Infoline for information on 
appropriate services if they are concerned that their child is not meeting milestones. 
Beginning July 1, 2024, the act exempts centers that exclusively serve school-
age children from this requirement. 
EFFECTIVE DATE: July 1, 2024 
 
§§ 8-9, 11 & 12 — CARE 4 KIDS 
 
Expands the Care 4 Kids protective service class to include children under the care of a caregiver 
who receives subsidies under the subsidized guardianship program; repeals the Care 4 Kids 
program regulations and instead requires the OEC commissioner to (1) administer the program 
by implementing the federal Child Care Development Fund program’s regulations and (2) 
develop policies and procedures necessary to do so  
 
Protective Service Class (§ 8)  
 
By law, the OEC commissioner may institute a protective service class in which 
she may waive Care 4 Kids eligibility requirements for certain at-risk populations 
that meet guidelines she sets and OPM reviews. The act expands this class to 
include children under the care of a caregiver who receives subsidies through the 
Department of Children and Families’ subsidized guardianship program and 
extends eligibility to them for up to one year from the date their subsidy is approved. 
By law, these at-risk populations also include (1) certain foster care children, (2) 
certain newly adopted children, and (3) homeless children. 
 
Regulations, Policies, and Procedures (§§ 9 & 11-12)  
 
The act repeals the Care 4 Kids program regulations and the commissioner’s 
authority to adopt them. Instead, it requires the OEC commissioner to administer  O L R P U B L I C A C T S U M M A R Y 
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the program by implementing the requirements of the federal Child Care 
Development Fund (45 C.F.R. § 98) and develop policies and procedures necessary 
to implement these federal requirements. The federal Child Care Development 
Fund funds the Care 4 Kids program. 
The act also requires the secretary of the state to correspondingly update the 
official online compilation of state regulations by October 1, 2024. 
EFFECTIVE DATE: July 1, 2024 
 
§ 10 — BIRTH-TO-THREE SERVICES 
 
Requires child care centers to allow a child with an individualized family service plan who is 
eligible to receive Birth-to-Three services to receive them on-site at a child care center or home  
 
The act requires licensed child care centers and group or family child care 
homes to allow a child who is eligible for Birth-to-Three and who has an 
individualized family service plan to receive early intervention services at the child 
care center or home, from the provider designated in the plan. 
By law and under the act, individualized family service plans are written plans 
to deliver early intervention services to an eligible child and the child’s family. 
These services must, among other things, be (1) delivered under public supervision, 
(2) selected in collaboration with the parents, and (3) designed to meet the infant’s 
or toddler’s developmental needs and the family’s needs in certain areas (34 C.F.R. 
§ 303.13(a)). 
EFFECTIVE DATE: July 1, 2024