Substitute House Bill No. 5002
Public Act No. 24-91
AN ACT CONCERNING EARLY CHILDHOOD CARE AND
EDUCATION.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 10-511 of the 2024 supplement to the general
statutes is repealed and the following is substituted in lieu thereof
(Effective from passage):
[The Comptroller shall establish] (a) There is established the Early
Childhood Care and Education Fund. Said fund may contain any
moneys required or permitted by law to be deposited in the fund and
[any funds received from any public or private contributions, gifts,
grants, donations, bequests or devises to the fund.] shall receive and
hold all payments and deposits for contributions intended for said fund,
as well as gifts, bequests, endowments or federal, state or local grants
and any other funds from any public or private source and all earnings
until disbursed in accordance with the provisions of this section.
(b) The amounts on deposit in said fund shall not constitute property
of the state and said fund shall not be construed to be a department,
institution or agency of the state. Amounts on deposit in said fund shall
not be commingled with state funds and the state shall have no claim to
or against, or any interest in, such deposits. Any contract entered into Substitute House Bill No. 5002
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by or any obligation of said fund shall not constitute a debt or obligation
of the state and the state shall have no obligation to any person on
account of said fund and all amounts obligated to be paid from said
fund shall be limited to amounts available for such obligation on deposit
in said fund. Said fund shall continue in existence as long as it holds any
deposits or has any obligations and until its existence is terminated by
law.
(c) The Treasurer shall invest the amounts on deposit in said fund in
a manner reasonable and appropriate to achieve the objectives of said
fund, exercising the discretion and care of a prudent person in similar
circumstances with similar objectives. The Treasurer shall give due
consideration to rate of return, risk, term or maturity, diversification of
the total portfolio within said fund, liquidity, the projected
disbursements and expenditures and the expected payments, deposits,
contributions and gifts to be received. The Treasurer shall not require
said fund to invest directly in obligations of the state or any political
subdivision of the state or in any investment or other fund administered
by the Treasurer. The assets of said fund shall be continuously invested
and reinvested in a manner consistent with the objectives of said fund
until disbursed by the Comptroller in accordance with the provisions of
this section.
(d) The Treasurer, on behalf of said fund and for purposes of said
fund, may:
(1) Receive and invest moneys in said fund in any instruments,
obligations, securities or property in accordance with this section;
(2) Enter into one or more contractual agreements, including
contracts for legal, actuarial, accounting, custodial, advisory,
management, administrative, advertising, marketing and consulting
services for said fund and pay for such services from the assets of said
fund; Substitute House Bill No. 5002
Public Act No. 24-91 3 of 18
(3) Procure insurance in connection with said fund's property, assets,
activities or deposits to said fund;
(4) Apply for and accept gifts, grants or donations from public or
private sources to enable said fund to carry out its objectives;
(5) Adopt regulations in accordance with chapter 54 for purposes of
this section;
(6) Sue and be sued;
(7) Establish one or more accounts within said fund; and
(8) Take any other action necessary to carry out the purposes of this
section and incidental to the duties imposed on the Treasurer pursuant
to this section.
(e) The amounts on deposit in said fund shall be used for the
purposes of supporting early childhood education in, and child care
needs of, the state and shall not be expended for any other purpose.
Sec. 2. (NEW) (Effective from passage) (a) (1) There is established the
Early Childhood Care and Education Fund Advisory Commission,
which shall be part of the Legislative Department. The commission shall
review and report on the financial health and status of the Early
Education Childhood Fund, submit and update a five-year plan to the
General Assembly on expenditures from said fund that would best
support early childhood education in, and child care needs of, the state
and make recommendations for legislative changes to further the
purposes of said fund.
(2) The commission shall consist of the following members:
(A) Two appointed by the speaker of the House of Representatives,
(i) one of whom shall be a parent who is a member of the parent cabinet
established by the Office of Early Childhood pursuant to section 10-500 Substitute House Bill No. 5002
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of the general statutes, and (ii) one of whom shall be an early childhood
teacher;
(B) Two appointed by the president pro tempore of the Senate, (i) one
of whom shall be an operator or a representative of a home-based child
care services provider in the state, and (ii) one of whom shall be the
parent of a child receiving services under the birth-to-three program
established under section 17a-248b of the general statutes;
(C) Two appointed by the majority leader of the House of
Representatives, (i) one of whom shall be a representative of an early
childhood education program operator in the state, and (ii) one of whom
shall be a representative of a family resource center described under
section 10-4o of the general statutes and who is a member of the Early
Childhood Cabinet established pursuant to section 10-16z of the general
statutes;
(D) Two appointed by the majority leader of the Senate, (i) one of
whom shall be a representative of a philanthropic organization that is
(I) engaged in early childhood education issues or child care issues in
the state, and (II) a member of the Early Childhood Funder
Collaborative, and (ii) one of whom shall be a representative of the
Connecticut Head Start State Collaboration Office within the Office of
Early Childhood and who is a member of the Early Childhood Cabinet
established pursuant to section 10-16z of the general statutes;
(E) Two appointed by the minority leader of the House of
Representatives, (i) one of whom shall be a representative of a non-
home-based child care services provider in the state, and (ii) one of
whom shall be a representative of the Office of Early Childhood and
who administers the Childhood Care and Development Fund and who
is a member of the Early Childhood Cabinet established pursuant to
section 10-16z of the general statutes; Substitute House Bill No. 5002
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(F) Two appointed by the minority leader of the Senate, (i) one of
whom shall be a representative of a corporation with a significant
physical presence in the state and that employs individuals who may
benefit from early childhood education and state child care initiatives,
and (ii) one of whom shall be a representative of the Office of Early
Childhood and who administers Part C of the Individuals with
Disabilities Education Act, 20 USC 1431 et. seq., as amended from time
to time;
(G) The chairpersons and ranking members of the joint standing
committee of the General Assembly having cognizance of matters
relating to finance, revenue and bonding;
(H) One member of the General Assembly appointed by the speaker
of the House of Representatives and one member of the General
Assembly appointed by the president pro tempore of the Senate;
(I) The commissioners of Early Childhood and Education, or their
designees;
(J) The Secretary of the Office of Policy and Management, or the
secretary's designee;
(K) The Treasurer, or the Treasurer's designee; and
(L) The Comptroller, or the Comptroller's designee.
(3) Each appointed member shall serve in accordance with the
provisions of section 4-1a of the general statutes and the appointing
authorities shall appoint members to ensure representation on the
commission of all geographic areas in the state, to the extent practicable.
(4) The administrative staff of the joint standing committee of the
General Assembly having cognizance of matters relating to finance,
revenue and bonding shall serve as administrative staff of the Substitute House Bill No. 5002
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commission.
(5) The members appointed under subparagraph (H) of subdivision
(2) of this subsection and the Comptroller shall serve as the chairpersons
of the commission. Such chairpersons shall schedule the first meeting of
the commission, which shall be held not later than ninety days after the
effective date of this section. The commission shall meet as often as
deemed necessary by the chairpersons or a majority of the commission.
Any appointed member who fails to attend three consecutive meetings
or who fails to attend fifty per cent of all meetings held during any
calendar year shall be deemed to have resigned from the commission.
(6) Any vacancy shall be filled by the appointing authority. Any
vacancy occurring other than by expiration of term shall be filled for the
balance of the unexpired term.
(7) A majority of the commission shall constitute a quorum for the
transaction of any business.
(8) (A) The members of the commission shall serve without
compensation, but shall, within the limits of available funds, be
reimbursed for travel expenses necessarily incurred in travelling to and
from a commission meeting, except that the following members shall be
eligible, within the limit of available funds, for a stipend of twenty-five
dollars for each hour or portion thereof that such member attends a
commission meeting:
(i) The parent member of the parent cabinet established by the Office
of Early Childhood and the parent of a child receiving services under
the birth-to-three program;
(ii) The early childhood teacher;
(iii) The representative of an early childhood education program
operator, provided such representative is an employee of such program Substitute House Bill No. 5002
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operator and is compensated by such program operator on an hourly
basis;
(iv) The representative of a non-home-based child care services
provider, provided such representative is an employee of such provider
and is compensated by such provider on an hourly basis; and
(v) The operator or representative of a home-based child care services
provider, provided such representative is an employee of such provider.
(B) The time spent by a member under subparagraph (A)(i) to (A)(v),
inclusive, of this subdivision to travel to and from such meeting shall
not be counted for purposes of calculating the stipend under this
subdivision.
(C) Each member seeking the travel expenses or stipend under this
subdivision shall submit a request to the executive director of the Office
of Legislative Management, in such form and manner as prescribed by
said director, and shall provide any documentation required by said
director to substantiate the requested amount.
(b) The commission shall have the following powers and duties:
(1) Review and monitor the Early Childhood Care and Education
Fund to assess its financial sustainability;
(2) Obtain from any executive department, board, commission or
other agency of the state such assistance and data as necessary and
available to carry out the purposes of this section; and
(3) Perform such other acts as may be necessary and appropriate to
carry out the duties described in this section.
(c) The commission shall:
(1) Not later than January 1, 2026, and annually thereafter, submit a Substitute House Bill No. 5002
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report, in accordance with the provisions of section 11-4a of the general
statutes, to the joint standing committees of the General Assembly
having cognizance of matters relating to appropriations and the budgets
of state agencies, finance, revenue and bonding, education and children,
on the financial health and status of the Early Childhood Care and
Education Fund, including, but not limited to, (A) the amounts on
deposit in said fund, (B) disbursements made or expected to be made
from said fund for the applicable fiscal year, (C) the rates of return on
investments made by the Treasurer pursuant to subsection (c) of this
section, (D) a statement as to the sufficiency of the amounts on deposit
in said fund to achieve the purposes of said fund, and (E) any
recommendations for policy changes and amendments to the general
statutes necessary to further the purposes of said fund;
(2) Not later than January 1, 2026, submit a five-year plan, in
accordance with the provisions of section 11-4a of the general statutes,
to the joint standing committees of the General Assembly having
cognizance of matters relating to appropriations and the budgets of state
agencies, finance, revenue and bonding, education and children, of
recommendations of expenditures from said fund that would best
support early childhood education in, and child care needs of, the state.
The commission shall, in developing such plan, consider reports on the
state of (A) early childhood care and education in the state, and (B)
kindergarten readiness in the state, as well as best practices in other
states. The commission shall update such plan at least annually and
submit such updated plan annually to said committees; and
(3) Commencing with the fiscal year ending June 30, 2026, hold a
public hearing annually on the state of the fund and of early childhood
education and child care in the state.
Sec. 3. (NEW) (Effective July 1, 2024) (a) The Office of Early Childhood
shall, within available appropriations, establish a Tri-Share Child Care
Matching Program serving New London County. Under such program, Substitute House Bill No. 5002
Public Act No. 24-91 9 of 18
costs for child care provided by duly licensed child care facilities in the
state shall be shared equally among participating employers, employees
and the state.
(b) (1) The program shall be established for a minimum of two years
and the office shall select a regional or state-wide organization as the
administrator of the program. Such administrator shall (A) determine
employers' and employees' eligibility for participation in the program,
(B) ensure that child care facilities to which payments will be made
under the program are licensed by the state, (C) collect and ensure
timely payment from participating employers, participating employees
and the state, (D) disburse funds to the appropriate child care provider,
(E) recruit employers to participate in the program, (F) coordinate
adequate communication between all parties, and (G) collect and submit
to the Office of Early Childhood data concerning participating
employees, including, but not limited to, the annual household income
of such employees, provided any such submitted data shall be
deidentified.
(2) To be eligible to participate in the program:
(A) An employer shall have a physical facility located in New London
County that is the principal workplace of its employees; and
(B) An employee shall (i) be employed by a participating employer,
(ii) reside in the state, (iii) have as such employee's principal workplace
a location in New London County, and (iv) not be receiving other public
assistance for child care costs.
(c) The Commissioner of Early Childhood shall enter into an
agreement with such administrator to perform the duties described
under subdivision (1) of subsection (b) of this section. Such agreement
shall include, but need not be limited to, (1) a provision that the
administrator shall receive, for administrative costs of the program, up Substitute House Bill No. 5002
Public Act No. 24-91 10 of 18
to ten per cent of the funds allocated by the state for the program, (2) a
requirement that the administrator not commingle funds received for
purposes of the program, other than funds for administrative costs
allowed pursuant to subdivision (1) of this subsection, with other funds
held or controlled by the administrator, (3) any restrictions or
prohibitions on the disclosure of data received or collected by the
administrator in the performance of its duties under subdivision (1) of
subsection (b) of this section, and (4) penalties for violation of a
provision of the agreement or of this section.
(d) Commencing with the fiscal year immediately following the first
year of the program and annually thereafter, the commissioner shall
submit to the joint standing committees of the General Assembly having
cognizance of matters relating to appropriations and the budgets of state
agencies, finance, revenue and bonding, education and children, a
report on the program. Such report shall include, but need not be limited
to, (1) for the fiscal year immediately preceding, (A) the number of
participating employers and participating employees, (B) the
percentage of participating employees whose household incomes are
below the asset limited, income constrained, employed population
threshold, as calculated in the most recent ALICE report by the United
Way of Connecticut, and (C) the amounts disbursed by the
administrator for child care costs and the amounts retained by the
administrator for administrative costs, and (2) any programmatic or
legislative changes the commissioner recommends to improve the
program or further its purposes.
Sec. 4. (Effective from passage) (a) As used in this section:
(1) "Early childhood teacher" means an individual in a state-funded
school readiness program or in a state-funded child care program, (A)
who has primary responsibility for a classroom of children, (B) who is
regularly scheduled in such capacity and has been employed in such
capacity by such program for at least six months as of the time of Substitute House Bill No. 5002
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submitting an application under subsection (c) of this section, and (C)
whose duties in such capacity equal at least fifty per cent of the assigned
time of such individual;
(2) "Teacher assistant" means an individual in a state-funded school
readiness program or in a state-funded child care program, (A) whose
primary duty is to assist an early childhood teacher in the provision of
early childhood care or as part of a school readiness program, and (B)
who is regularly scheduled in such capacity and has been employed in
such capacity by such program for at least six months as of the time of
submitting an application under subsection (c) of this section; and
(3) "School readiness program" has the same meaning as provided in
section 10-16p of the general statutes.
(b) (1) For the fiscal year ending June 30, 2025, the Office of Early
Childhood shall establish and administer a wage supplement payment
program to provide a one-time payment of not less than one thousand
eight hundred dollars to eligible early childhood teachers and teacher
assistants, provided each eligible applicant receiving a payment under
the program shall receive the same payment amount. Such payments
shall be provided on a first-come first-served basis up to the amount
made available for such payments pursuant to subsection (d) of this
section.
(2) To the extent permissible under federal law, payments made
under this section shall not be considered income or an asset for the
purposes of determining eligibility for any state-administered public
assistance program, including any HUSKY program described in
section 17b-290 of the general statutes.
(c) The Commissioner of Early Childhood shall determine (1) an
application period for early childhood teachers and teacher assistants to
apply to the Office of Early Childhood to register for a wage supplement Substitute House Bill No. 5002
Public Act No. 24-91 12 of 18
payment, (2) the form and manner of such application, and (3) the form
and manner of disseminating information about the program to best
achieve the purposes of this section. The office shall review the
applications submitted pursuant to this section and confirm the
eligibility of the applicant to receive such payment. Not later than thirty
days after the office receives an application, the office shall notify the
applicant whether such applicant is approved for such payment and if
such applicant is not approved, the office shall provide the reason or
reasons why.
(d) The sum of nine million dollars of the amount appropriated in
section 1 of public act 23-204 to the Office of Early Childhood for the
fiscal year ending June 30, 2025, for Early Care and Education and used
by said office for school readiness and child day care purposes, shall be
used to fund the wage supplement payments provided pursuant to this
section.
(e) Not later than October 1, 2025, the Commissioner of Early
Childhood shall submit to the joint standing committees of the General
Assembly having cognizance of matters relating to appropriations and
the budgets of state agencies, finance, revenue and bonding, education
and children, a report on the program. Such report shall include, but
need not be limited to, (1) the number of early childhood teachers and
the number of teacher assistants that submitted applications, (2) the
number of such applicants who were approved for a wage supplement
payment, (3) the amounts of the payments made to eligible early
childhood teachers and to eligible teacher assistants and the total
amount disbursed under the program, and (4) a recommendation of
whether such program should be expanded or extended.
Sec. 5. Subsection (c) of section 4b-21 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2024): Substitute House Bill No. 5002
Public Act No. 24-91 13 of 18
(c) Not later than thirty days after receipt of such notification from
the secretary, the following agencies shall determine and notify the
secretary in writing if the land, improvement or interest serves the
following needs: (1) The Commissioner of Economic and Community
Development, whether it can be used or adapted for economic
development or exchanged for property that can be used for economic
development; (2) the Commissioner of Transportation, whether it can be
used for transportation purposes; (3) the Commissioner of Energy and
Environmental Protection, whether it can be used for open space
purposes or to otherwise support the department's mission; (4) the
Commissioner of Agriculture, whether it can be used for farming or
agricultural purposes; (5) the Commissioner of Veterans Affairs,
whether it can be used for veterans' housing; (6) the Commissioner of
Children and Families, whether it can be used to support the
department's mission; (7) the Commissioner of Developmental Services,
whether it can be used to support the department's mission; (8) the
Commissioner of Administrative Services, whether it can be used to
house state agencies or can be leased; [and] (9) the Commissioner of
Housing, whether it can be used as an emergency shelter or transitional
living facility for homeless persons, or used for the construction,
rehabilitation or renovation of housing for persons and families of low
and moderate income; and (10) the Commissioner of Early Childhood,
whether it can be used for the provision of early childhood care and
early childhood education programs. Not later than thirty days after
receipt of such notification from the secretary, any state agency,
department or institution that is interested in utilizing the land,
improvement or interest shall submit a plan to the secretary that sets
forth the proposed use for the land, improvement or interest and a
budget and timetable for such use. If one or more agencies, departments
or institutions submit a plan for such land, improvement or interest to
the secretary within such thirty-day period, the secretary shall analyze
such agency, department or institution plan or plans and determine
whether custody and control of the land, improvement or interest shall Substitute House Bill No. 5002
Public Act No. 24-91 14 of 18
be transferred to one of such agencies, departments or institutions, in
which case the agency, department or institution having custody of the
land, improvement or interest shall make such transfer.
Sec. 6. (NEW) (Effective from passage) Not later than December 1, 2024,
the Commissioner of Early Childhood shall, in consultation with a
nonprofit organization providing entrepreneurial and financial
education services to women, develop a document for distribution to
each person, group of persons, association, organization, corporation,
institution or agency licensed to maintain a child care center or group
child care home pursuant to section 19a-80 of the general statutes or
family child care home pursuant to section 19a-87b of the general
statutes, explaining the benefits of maintaining liability insurance
coverage for such center or home and the potential consequences that
may result in the absence of such coverage. Not later than January 1,
2025, and annually thereafter, the commissioner shall distribute such
document electronically to each such licensee.
Sec. 7. Section 10-514 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2024):
(a) Not later than January 1, 2020, the Office of Early Childhood shall
create a one-page document that (1) lists important developmental
milestones experienced by children ages birth to five years, and (2)
contains notice that any parent or guardian who is concerned that such
parent or guardian's child has not met one or more such developmental
milestones may access the Office of Early Childhood Child
Development Infoline for information concerning appropriate services.
The office shall make such document available on its Internet web site.
(b) On and after [February 1, 2020] July 1, 2024, each operator of a
child care center, group child care home or family child care home, as
described in section 19a-77, other than those centers or homes that serve
school-age children exclusively, shall post a copy of the document Substitute House Bill No. 5002
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developed pursuant to subsection (a) of this section in a conspicuous
place on the premises of such child care center, group child care home
or family child care home.
Sec. 8. Subsection (a) of section 17b-749 of the 2024 supplement to the
general statutes is repealed and the following is substituted in lieu
thereof (Effective July 1, 2024):
(a) The Commissioner of Early Childhood shall establish and operate
a child care subsidy program to increase the availability, affordability
and quality of child care services for families with a parent or caretaker
who (1) is (A) working or attending high school, or (B) subject to the
provisions of subsection (d) of this section, is enrolled or participating
in (i) a public or independent institution of higher education, (ii) a
private career school authorized pursuant to sections 10a-22a to 10a-22o,
inclusive, (iii) a job training or employment program administered by a
regional workforce development board, (iv) an apprenticeship program
administered by the Labor Department's office of apprenticeship
training, (v) an alternate route to certification program approved by the
State Board of Education, (vi) an adult education program pursuant to
section 10-69 or other high school equivalency program, or (vii) a local
Even Start program or other adult education program approved by the
Commissioner of Early Childhood; or (2) receives cash assistance under
the temporary family assistance program from the Department of Social
Services and is participating in an education, training or other job
preparation activity approved pursuant to subsection (b) of section 17b-
688i or subsection (b) of section 17b-689d. Services available under the
child care subsidy program shall include the provision of child care
subsidies for children under the age of thirteen or children under the
age of nineteen with special needs. The Commissioner of Early
Childhood may institute a protective service class in which the
commissioner may w aive eligibility requirements for at-risk
populations that meet the guidelines prescribed by the commissioner, Substitute House Bill No. 5002
Public Act No. 24-91 16 of 18
and subject to review by the Secretary of the Office of Policy and
Management. Such at-risk populations are children (A) placed in a
foster home by the Department of Children and Families and for whom
the parent or legal guardian receives foster care payments, (B) adopted
[children for one year from the date of adoption and] through the
Department of Children and Families, (C) who are homeless children
and youths, as defined in 42 USC 11434a, as amended from time to time,
and (D) under the care of a caregiver who is a recipient of subsidies
under the subsidized guardianship program pursuant to section 17a-
126. Any child described in subparagraph (B) of this subdivision shall
be eligible for a subsidy under this section for a period not to exceed one
year from the date of adoption and any child described in subparagraph
(D) of this subdivision shall be eligible for a subsidy under this section
for a period not to exceed one year from the date that such child is
approved for a subsidy under this section. The Office of Early
Childhood shall open and maintain enrollment for the child care
subsidy program and shall administer such program within the existing
budgetary resources available. The office shall issue a notice on the
office's Internet web site any time the office closes the program to new
applications, changes eligibility requirements, changes program
benefits or makes any other change to the program's status or terms,
except the office shall not be required to issue such notice when the
office expands program eligibility. Any change in the office's acceptance
of new applications, eligibility requirements, program benefits or any
other change to the program's status or terms for which the office is
required to give notice pursuant to this subsection, shall not be effective
until thirty days after the office issues such notice.
Sec. 9. Subsection (h) of section 17b-749 of the 2024 supplement to the
general statutes is repealed and the following is substituted in lieu
thereof (Effective July 1, 2024):
(h) [On or after July 1, 2014, the commissioner shall adopt regulations, Substitute House Bill No. 5002
Public Act No. 24-91 17 of 18
in accordance with the provisions of chapter 54, to implement the
provisions of this section] On and after July 1, 2024, the commissioner
shall implement the provisions of 45 CFR 98, as amended from time to
time, to administer the child care subsidy program. The commissioner
shall develop policies and procedures necessary to implement the
provisions of this section.
Sec. 10. (NEW) (Effective July 1, 2024) (a) As used in this section:
(1) "Early intervention services" has the same meaning as provided in
section 17a-248 of the general statutes; and
(2) "Individualized family service plan" has the same meaning as
provided in section 17a-248 of the general statutes.
(b) A licensed child care center, group child care home or family child
care home, as such terms are described in section 19a-77 of the general
statutes, shall allow a child who has an individualized family service
plan and is eligible for the birth-to-three program, established under
section 17a-248b of the general statutes, to receive early intervention
services at such child care center, group child care home or family child
care home from the service provider designated in such individualized
family service plan.
Sec. 11. (Effective July 1, 2024) Not later than October 1, 2024, the
Secretary of the State shall update the official compilation of the
regulations of Connecticut state agencies posted on the eRegulations
System to comply with the provisions of chapter 54 of the general
statutes and section 12 of this act.
Sec. 12. (Effective July 1, 2024) Notwithstanding the provisions of
chapter 54 of the general statutes, sections 17b-749-01 to 17b-749-23,
inclusive, of the regulations of Connecticut state agencies are repealed.
Sec. 13. Section 10-511a of the 2024 supplement to the general statutes Substitute House Bill No. 5002
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is repealed. (Effective from passage)