Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H489 Compare Versions

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1	1	1 of 3
2	2	HOUSE DOCKET, NO. 2794 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 489
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Kenneth I. Gordon and Adrian C. Madaro
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act providing affordable and accessible high-quality early education and care to promote
13	13	child development and well-being and support the economy in the Commonwealth.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :DATE ADDED:Kenneth I. Gordon21st Middlesex1/17/2023Adrian C. Madaro1st Suffolk1/19/2023Lindsay N. Sabadosa1st Hampshire1/23/2023Sean Garballey23rd Middlesex1/23/2023Jack Patrick Lewis7th Middlesex1/23/2023John J. CroninWorcester and Middlesex1/23/2023Patricia A. Haddad5th Bristol1/24/2023Mindy Domb3rd Hampshire1/24/2023James C. Arena-DeRosa8th Middlesex1/24/2023Joanne M. ComerfordHampshire, Franklin and Worcester1/24/2023Tram T. Nguyen18th Essex1/24/2023Brian W. Murray10th Worcester1/25/2023Bud L. Williams11th Hampden1/25/2023David Henry Argosky LeBoeuf17th Worcester1/25/2023Smitty Pignatelli3rd Berkshire1/25/2023Steven Ultrino33rd Middlesex1/25/2023Russell E. Holmes6th Suffolk1/25/2023 2 of 3
17	17	David Paul Linsky5th Middlesex1/25/2023Steven Owens29th Middlesex1/25/2023Patricia A. Duffy5th Hampden1/25/2023Susannah M. Whipps2nd Franklin1/25/2023Michael D. BradySecond Plymouth and Norfolk1/26/2023Samantha Montaño15th Suffolk1/26/2023Josh S. Cutler6th Plymouth1/26/2023Jessica Ann Giannino16th Suffolk1/27/2023Christine P. Barber34th Middlesex1/27/2023James K. Hawkins2nd Bristol1/27/2023David M. Rogers24th Middlesex1/27/2023Carmine Lawrence Gentile13th Middlesex1/27/2023Margaret R. Scarsdale1st Middlesex1/30/2023Ryan M. Hamilton15th Essex1/30/2023William M. Straus10th Bristol1/31/2023Vanna Howard17th Middlesex1/31/2023Angelo J. Puppolo, Jr.12th Hampden2/1/2023Kay Khan11th Middlesex2/1/2023Erika Uyterhoeven27th Middlesex2/1/2023Daniel Cahill10th Essex2/1/2023Patrick M. O'ConnorFirst Plymouth and Norfolk2/1/2023Tackey Chan2nd Norfolk2/1/2023Brian M. Ashe2nd Hampden2/2/2023Paul McMurtry11th Norfolk2/2/2023Thomas M. Stanley9th Middlesex2/2/2023Mike Connolly26th Middlesex2/2/2023Antonio F. D. Cabral13th Bristol2/2/2023Carol A. Doherty3rd Bristol2/2/2023Ruth B. Balser12th Middlesex2/3/2023William C. Galvin6th Norfolk2/6/2023Jon Santiago9th Suffolk2/6/2023James J. O'Day14th Worcester2/6/2023John Barrett, III1st Berkshire2/6/2023Mary S. Keefe15th Worcester2/6/2023Carole A. Fiola6th Bristol2/7/2023Frank A. Moran17th Essex2/7/2023Marc R. PachecoThird Bristol and Plymouth2/7/2023Michael J. Soter8th Worcester2/8/2023Tricia Farley-Bouvier2nd Berkshire2/8/2023 3 of 3
18	18	David T. Vieira3rd Barnstable2/8/2023Natalie M. Higgins4th Worcester2/9/2023Edward R. Philips8th Norfolk2/9/2023James B. EldridgeMiddlesex and Worcester2/9/2023Dylan A. FernandesBarnstable, Dukes and Nantucket2/10/2023Simon Cataldo14th Middlesex2/10/2023Michelle L. Ciccolo15th Middlesex2/13/2023Orlando Ramos9th Hampden2/13/2023Michelle M. DuBois10th Plymouth2/13/2023Jacob R. OliveiraHampden, Hampshire and Worcester2/14/2023Rob Consalvo14th Suffolk2/14/2023Denise C. Garlick13th Norfolk2/15/2023James Arciero2nd Middlesex2/15/2023David Allen Robertson19th Middlesex2/15/2023Joseph W. McGonagle, Jr.28th Middlesex2/16/2023Natalie M. Blais1st Franklin2/19/2023Walter F. TimiltyNorfolk, Plymouth and Bristol2/21/2023Jennifer Balinsky Armini8th Essex2/21/2023Mathew J. Muratore1st Plymouth2/22/2023Kate Lipper-Garabedian32nd Middlesex2/22/2023Rodney M. Elliott16th Middlesex2/22/2023Christopher Richard Flanagan1st Barnstable2/23/2023David Biele4th Suffolk2/27/2023Michael P. Kushmerek3rd Worcester2/28/2023Daniel R. Carey2nd Hampshire2/28/2023Alan Silvia7th Bristol3/2/2023Manny Cruz7th Essex3/2/2023Marcus S. Vaughn9th Norfolk3/3/2023Christopher Hendricks11th Bristol3/6/2023Joseph D. McKenna18th Worcester3/6/2023Paul A. Schmid, III8th Bristol3/8/2023Christopher J. Worrell5th Suffolk3/8/2023Lydia EdwardsThird Suffolk3/9/2023 1 of 21
19	19	HOUSE DOCKET, NO. 2794 FILED ON: 1/19/2023
20	20	HOUSE . . . . . . . . . . . . . . . No. 489
21	21	By Representatives Gordon of Bedford and Madaro of Boston, a petition (accompanied by bill,
22	22	House, No. 489) of Kenneth I. Gordon, Adrian C. Madaro and others relative to providing
23	23	affordable and accessible high-quality early education and care to promote child development
24	24	and well-being and support the economy. Education.
25	25	The Commonwealth of Massachusetts
26	26	_______________
27	27	In the One Hundred and Ninety-Third General Court
28	28	(2023-2024)
29	29	_______________
30	30	An Act providing affordable and accessible high-quality early education and care to promote
31	31	child development and well-being and support the economy in the Commonwealth.
32	32	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
33	33	of the same, as follows:
34	34	1 SECTION 1. The seventh paragraph of section 22N of chapter 7 of the General Laws, as
35	35	2appearing in the 2018 Official Edition, is hereby amended by adding the following sentence:-
36	36	3 Notwithstanding any provision to the contrary, early education and care providers
37	37	4contracting with the department of early education and care or their agents shall be exempt from
38	38	5the price limitations set forth by the bureau.
39	39	6 SECTION 2. Section 1A of Chapter 15D, as appearing in the 2018 Official Edition, is
40	40	7hereby amended by inserting the following definitions:
41	41	8 “Caregiver”, a person living with, supervising and caring for a child whose parents are
42	42	9not living in the home with them or a person with legal guardianship of a child regardless of
43	43	10whether the child’s parents are living in the home with them. 2 of 21
44	44	11 “High needs”, needs that may result in an individual or family needing more services,
45	45	12including but not limited to any physical, mental, emotional, intellectual, cognitive, behavioral,
46	46	13or health related disability or condition, exposure to domestic violence, trauma history, limited
47	47	14English proficiency, limited literacy, homelessness or housing instability, income at or below the
48	48	15federal poverty line, or involvement with the department of children and families.
49	49	16 “Child care financial assistance”, financial assistance given to eligible parents or
50	50	17caregivers for child care provided by an early education and care provider pursuant to a contract
51	51	18or voucher agreement with the department.
52	52	19 “Early education and care provider”, or “provider”, any childcare center, family child
53	53	20care home, large family child care home, or out-of-school time program licensed or exempt by
54	54	21the department of early education and care located within the commonwealth of Massachusetts
55	55	22that provides early education and care programs and services.
56	56	23 “Operational Grant”, an amount of funding from the department to early education and
57	57	24care providers currently enrolling children receiving child care financial assistance or certifying
58	58	25their willingness to enroll a child receiving child care financial assistance should a family choose
59	59	26the provider and there is an available opening.
60	60	27 SECTION 3. Section 2 of chapter 15D of the General Laws, as appearing in the 2018
61	61	28Official Edition, is hereby amended by striking out subsection (e) and inserting in place thereof
62	62	29the following subsection:-
63	63	30 (e) establish and develop a schedule for revising: (i) a rate structure for voucher and
64	64	31contracted payments to early education and care providers who accept children receiving child
65	65	32care financial assistance based on the payments meeting the full cost of providing high-quality 3 of 21
66	66	33early education and care to such children, in conformity with federal and state law, regulations
67	67	34and quality and safety standards, when combined with operational grant funding, fees paid by
68	68	35parents or caregivers, and any direct funding paid by a source other than the department to
69	69	36providers; provided, that the rate structure shall include higher rates for the provision of care
70	70	37during nonstandard hours, as defined by the department, sufficient to encourage providers to
71	71	38offer care during nonstandard hours; provided further, that the method for reimbursement for
72	72	39voucher and contracted payments to early education and care providers on behalf of children
73	73	40receiving child care financial assistance shall be based on quarterly enrollment rather than daily
74	74	41attendance of participants; and (ii) a sliding fee scale for families receiving child care financial
75	75	42assistance which is updated at least every 5 years to reflect affordability standards for
76	76	43participating families.
77	77	44 A public hearing under chapter 30A and the approval of the board shall be required
78	78	45before the establishment or revision of the rate structure and sliding fee scale.
79	79	46 SECTION 4. Said section 2 of said chapter 15D, as so appearing, is hereby further
80	80	47amended by inserting after subsection (u) the following subsection:-
81	81	48 (v) annually collect from early education and care providers licensed by the department,
82	82	49data on: (i) the number of employees, (ii) the pay rates and employer-paid benefits (iii) the
83	83	50tuition charged for full- and part-time early education and care services by age group, (iv)
84	84	51numbers of children enrolled by age group, family income range, race, ethnicity, country-of-
85	85	52origin, and preferred language. 4 of 21
86	86	53 SECTION 5. Section 5 of said chapter 15D, as appearing in the 2018 Official Edition, is
87	87	54hereby amended by inserting after the words “a common and shared body of knowledge” the
88	88	55following words:- including cultural competency and awareness of implicit bias,
89	89	56 SECTION 6. Said chapter 15D, as so appearing, is hereby further amended by inserting,
90	90	57after section 13, the following section:-
91	91	58 Section 13A. Early education and care financial assistance program
92	92	59 (a) The department shall use, for the purpose of providing child care financial assistance
93	93	60under this section, funding, from any source that is appropriated or otherwise provided to it for
94	94	61the purpose of subsidizing or reducing the costs to families of fees for early education and care
95	95	62for their children, including increasing per child rates set by the department.
96	96	63 (b) The early education and care financial assistance program shall provide , subject to
97	97	64appropriation, sufficient child care financial assistance to enable all families to afford and access
98	98	65high-quality early education and care for infants, toddlers, preschool-age, and school-age
99	99	66children, as defined in section 1A of this chapter, provided that a school-age child’s financial
100	100	67assistance shall continue until at least the end of the school year in which the child reaches the
101	101	68maximum age.
102	102	69 (c) Child care financial assistance may be used for early education and care provided by
103	103	70public, private, non-profit, and for-profit entities licensed or approved by the department,
104	104	71including but not limited to: preschools, childcare centers, nursery schools, before and after
105	105	72school programs, out-of-school time programs, Head Start and Early Head Start programs and
106	106	73independent and system-affiliated family child care homes. 5 of 21
107	107	74 (d) The department shall provide financial assistance to families receiving services from
108	108	75the department of children and families as provided in section 2 of chapter 18B of the General
109	109	76Laws.
110	110	77 (e) The department shall provide child care financial assistance to families currently
111	111	78involved with, or transitioning from, transitional aid to families with dependent children;
112	112	79provided, however, that child care financial assistance shall be available to: (i) recipients of
113	113	80transitional aid to families with dependent children; (ii) former recipients who are working or are
114	114	81engaged in an approved service need activity for up to 2 years after termination of their benefits;
115	115	82(iii) parents who are under 18 years of age who are currently enrolled in an education or job
116	116	83training program and who would qualify for benefits under chapter 118 of the General Laws if
117	117	84not for the consideration of the grandparents’ income; and (iv) recipients of the supplemental
118	118	85nutrition assistance program who are participating in education and training services approved by
119	119	86the department of transitional assistance.
120	120	87 (f) The department shall provide financial assistance to families eligible in accordance
121	121	88with any income limits in effect under subsections (g) and (h) of this section.
122	122	89 (g) The department shall subsidize, subject to appropriation, the cost of early education
123	123	90and care services to all families in need of these services with incomes at or below 85 per cent of
124	124	91the Massachusetts state median income. Provided, should appropriations be insufficient to
125	125	92subsidize the cost of early education and care services to all families in need of these services
126	126	93with incomes at or below 85 per cent of the Massachusetts state median income, first priority
127	127	94shall be provided to those children whose family’s household income is at or below 50 per cent
128	128	95of the Massachusetts state median income or a child with a documented disability whose 6 of 21
129	129	96family’s household income is at or below 85 per cent of the Massachusetts state median income
130	130	97and to all children in families who are experiencing homelessness or who are headed by a parent
131	131	98under the age of 20; and provided further, that second priority shall be given to children whose
132	132	99family’s household income is above 50 per cent, but not exceeding 85 per cent of the
133	133	100Massachusetts state median income; provided, however, that a family with income below the
134	134	101federal poverty level shall not have its priority status on a waitlist negatively impacted by a
135	135	102family with income above the federal poverty level.
136	136	103 (h) Provided that additional funds shall be made available to the commonwealth through
137	137	104the Child Care Development Fund, or that the federal government shall otherwise obligate itself
138	138	105to release additional funding not available upon passage of this act, the department shall allocate
139	139	106funding to increase the numbers of families receiving subsidies based on income eligibility in
140	140	107stages: (i) to those eligible for financial assistance as stipulated in subsection (g); (ii) to provide
141	141	108child care financial assistance to all families in need of these services, whose income is above 85
142	142	109per cent, but not exceeding 100 per cent, of the Massachusetts state median income; (iii) to
143	143	110provide child care financial assistance to all families in need of these services, whose income is
144	144	111above 100 per cent, but not exceeding 110 per cent, of the Massachusetts state median income;
145	145	112(iv) to provide child care financial assistance to all families in need of these services, whose
146	146	113income is above 110 per cent, but not exceeding 125 per cent, of the Massachusetts state median
147	147	114income;
148	148	115 (i) Family income, for the purposes of eligibility for early education and care financial
149	149	116assistance shall include income of parents living with the child receiving subsidized care but
150	150	117shall not include: any form of income of foster parents, caregivers, or other adult family 7 of 21
151	151	118members; income of or for siblings who are not receiving subsidized care; or earned income of
152	152	119any minor child.
153	153	120 (j) The department shall subsidize early education and care by: (i) providing vouchers for
154	154	121payment to providers, enabling families to access early education and care providers of their
155	155	122choice and (ii) offering families the alternative of an open space with a provider that is
156	156	123subsidized under the provider’s contract with the department.
157	157	124 (k) The department shall require early education and care providers, as a condition for
158	158	125receiving payments from the department for financial assistance provided to families under this
159	159	126section, to enter into and comply with contractual agreements with the department, developed by
160	160	127the department and requiring the provider to comply with all applicable requirements of this
161	161	128chapter and any other federal or state requirements necessary to receive funding for financial
162	162	129assistance provided to families under this section.
163	163	130 (l) The department and its agents shall not reduce, terminate, or deny continued financial
164	164	131assistance to families until and unless the family is determined to be ineligible and is given the
165	165	132opportunity for an administrative appeal hearing. In situations in which the department or its
166	166	133agents deny a family’s application for financial assistance, the department shall provide the
167	167	134family an opportunity for an administrative appeal hearing and shall process such appeals within
168	168	13560 days from the date requested.
169	169	136 (m) The department and its agents shall not reduce, terminate, or deny continued child
170	170	137care financial assistance to families based on their household income until and unless the
171	171	138household income exceeds at least 85 per cent of the Massachusetts state median income or the 8 of 21
172	172	139income threshold for currently eligible families as prioritized in subsection (g) or (h), whichever
173	173	140is higher.
174	174	141 (n) To the extent not otherwise prohibited by federal or state law, the department shall not
175	175	142terminate or deny child care financial assistance on the grounds of fee arrears until and less: (1)
176	176	143the family’s fees and financial assistance have been adjusted, prospectively and retroactively, to
177	177	144take into account any reduction in income, and the arrears reduced accordingly; and (2) the
178	178	145family has been offered an affordable payment plan, taking into account their income and
179	179	146expenses, and only if the family refused to enter into the plan. Disputes about the existence or
180	180	147amount of fee arrears and the affordability of payment plans shall be subject to administrative
181	181	148appeal. The department shall accord providers the option of receiving department payment of
182	182	149arrears and repaying the department as the family makes payments under a payment plan.
183	183	150 (o) The department shall review the early education and care financial assistance program
184	184	151at least annually to identify access barriers to families and opportunities to improve families’
185	185	152experience with the financial assistance process, including but not limited to department
186	186	153paperwork and verification requirements. The department shall take action to remove any access
187	187	154barriers, including but not limited to: (i) making technological improvements, (ii) streamlining
188	188	155the application and renewal processes, (iii) improving outreach to potentially eligible families
189	189	156regarding the availability of financial assistance and the process for applying, (iv) ensuring
190	190	157access for families whose primary language is not English, (v) establishing procedures to screen
191	191	158families for the need for disability accommodations and provide these accommodations, (vi)
192	192	159ensuring that the department, through its agents and employees, promptly responds to
193	193	160communication by parents and caregivers, and (vii) ensuring that families with children with 9 of 21
194	194	161high needs are informed of openings with providers that focus on serving such families and
195	195	162children.
196	196	163 (p) The department shall adopt any additional regulations necessary to implement the
197	197	164provisions of this section, after providing the opportunity for public comment, to be accepted
198	198	165through both testimony at public hearings and written comments, and after consideration of these
199	199	166comments.
200	200	167 SECTION 7. Subsection (a) of section 17 of said chapter 15D is hereby amended by
201	201	168striking out the definitions of “Family child care provider” and “Family child care services” and
202	202	169inserting in place thereof the following definitions:-
203	203	170 “Family child care provider”, a person who provides family child care services on behalf
204	204	171of children receiving child care financial assistance and receives payment from the
205	205	172commonwealth for such services.
206	206	173 “Family child care services”, child care services provided for less than 24 hours per day
207	207	174in the residence of the provider on behalf of children receiving child care financial assistance for
208	208	175which payment is made from the commonwealth.
209	209	176 SECTION 8. Subsection (b) or Section 17 of said chapter 15D is hereby further amended
210	210	177by striking out the words “under a rate structure for voucher and contracted payments”.
211	211	178 SECTION 9. Section 17 of said chapter 15D is hereby further amended by striking out
212	212	179subsection (h) and inserting in place thereof the following section:-
213	213	180 (h) In addition to the mandatory subjects under subsection (g), the department and an
214	214	181employee organization certified by the department of labor relations as the bargaining 10 of 21
215	215	182representative of family child care providers shall bargain about the rate structure for voucher
216	216	183and contracted payments for family child care services on behalf of children receiving child care
217	217	184financial assistance.
218	218	185 SECTION 10. Said chapter 15D is hereby further amended by adding the following
219	219	186sections:-
220	220	187 Section 19. Notwithstanding the provisions of any general or special law or regulation to
221	221	188the contrary, the department shall establish and distribute operational grants subject to
222	222	189appropriation.
223	223	190 (a) Operational grants shall be used for educator compensation and credentialing as well
224	224	191as program quality and sustainability. Said operational grant uses shall include but not be limited
225	225	192to: (i) compensating early education and care provider staff through increased salaries, benefits,
226	226	193bonuses, professional development, or access to continuing education opportunities; (ii)
227	227	194increasing affordability of early education and care to families by reducing the tuition and fees
228	228	195paid by families or offering scholarships to families; (iii) enabling early education and care
229	229	196providers to provide high-quality early education and care and to comply fully with all applicable
230	230	197health, safety, educational, quality-assurance, and other requirements of this chapter as well as
231	231	198any requirements imposed by the department consistent with this chapter; (iv) improving
232	232	199facilities and physical spaces used by the provider; (v) enabling providers to address emergency
233	233	200situations, during which the cost of care significantly increases due to additional federal, state, or
234	234	201department requirements, or the loss of fees due to absence or unenrollment jeopardizes early
235	235	202education and care providers’ ability to retain their facilities and staff; or (vi) enabling early
236	236	203education and care providers to maintain or increase capacity to provide voluntary supplemental 11 of 21
237	237	204services to enrolled children and their families, such as social work services, health and
238	238	205disability-related services, and support to parents and caregivers.
239	239	206 (b) The department shall establish a formula for distributing operational grants to
240	240	207providers which shall consider at a minimum the following: (i) the provider’s licensed capacity
241	241	208and enrollment, including the ages of the children enrolled and for whom the provider has
242	242	209capacity; (ii) the location of the provider, availability of care in the area, and additional costs
243	243	210associated with the provider’s location; (iii) the demographics of the families served by the
244	244	211provider including how many children receiving financial assistance attend, the income level of
245	245	212families, and other pertinent demographic data that may influence the needs of the families and
246	246	213children served; (iv) the number of children with high needs enrolled including those with
247	247	214disabilities, limited English proficiency, and other factors as determined by the department; (v)
248	248	215the cost of quality care methodology established by the department and until such time as the
249	249	216methodology is established, any available information regarding the cost of quality early
250	250	217education and care including available credentialling frameworks and applicable salary
251	251	218guidelines; (vi) any other factors impacting costs to the provider of providing quality care in
252	252	219areas of need including, but not limited to, serving infants and toddlers, providing non-standard
253	253	220hours of care, and providing care to children and families with high needs for whom there are
254	254	221shortages of early education and care slots; and (vii) promoting racial equity. The department
255	255	222shall annually review and update this formula based on relevant data.
256	256	223 (c) The department shall require early education and care providers, as a condition for
257	257	224receiving funding under this section, to: (i) enter into and comply with contractual agreements
258	258	225with the department, which shall be developed by the department; (ii) continue or agree to enroll
259	259	226children with child care financial assistance through the department, provided the family 12 of 21
260	260	227chooses the provider and the provider has an available opening; (iii) comply with any
261	261	228recommended salaries, compensation, and benefits put forth by the department pursuant to
262	262	229section 18 of this act, or if the funding the provider receives is insufficient, increase salaries,
263	263	230compensation, and benefits to the extent possible; and (iv) provide data that the department
264	264	231requires, as needed to carry out the department’s assessment and reporting requirements under
265	265	232this chapter.
266	266	233 (d) The department shall develop enforceable compliance standards that demonstrate that
267	267	234early education and care provider openings are accessible to children receiving child care
268	268	235financial assistance with a goal of increasing financial assistance utilization and methods for
269	269	236ensuring that providers receiving operational grant funding meet the standards before renewing
270	270	237their funding.
271	271	238 (e) Absent any changes in circumstances and assuming compliance with all requirements
272	272	239in subsections (c) and (d) and otherwise determined as necessary by the department, operational
273	273	240grants will be renewed to each provider annually.
274	274	241 (f) A public hearing under chapter 30A and the approval of the board shall be required
275	275	242before the establishment or revision of the operational grant formula and enforceable compliance
276	276	243standards.
277	277	244 Section 20. The board shall ,subject to appropriation, establish the early education and
278	278	245care educator scholarship program for early education and care sector educators in the
279	279	246commonwealth pursuant to clause (10) of section 5 of this chapter.
280	280	247 (a) The commissioner, in consultation with the commissioner of higher education, shall
281	281	248make recommendations to the board establishing appropriate guidelines, standards and 13 of 21
282	282	249application criteria for the administration of the program, including mechanisms to ensure the
283	283	250scholarship provides meaningful improvements in the delivery of high-quality early education
284	284	251and care across the commonwealth.
285	285	252 (b) The scholarship program shall be administered by the department through a
286	286	253memorandum of understanding with the department of higher education.
287	287	254 (c) The scholarship may be used to cover the cost of tuition, fees and related expenses,
288	288	255including supports unique to the diverse learning needs of the field such as personal childcare
289	289	256expenses in order to attend classes and class meetings, and other supports deemed appropriate by
290	290	257the board for degree granting programs for early educators who are pursuing associate or
291	291	258bachelor level degrees to meet the teacher and program quality standards of the department.
292	292	259 (d) The amount of each scholarship shall, at a minimum, be sufficient to cover the full
293	293	260cost of tuition and associated fees for one semester of classes at a Massachusetts community
294	294	261college.
295	295	262 (e) Eligible recipients shall be current or prospective early education and care educators
296	296	263and providers employed by early education and care providers in the commonwealth who
297	297	264commit to teaching for early education and care providers for a term of service after graduation
298	298	265to be determined by the board and shall reflect the diversity of the commonwealth's early
299	299	266education and care workforce.
300	300	267 (f) Preference shall be given to applicants identified as providers who have displayed a
301	301	268proven commitment to early childhood education as demonstrated by longevity in the field. 14 of 21
302	302	269 (g) The program shall be administered by the department in a manner that ensures
303	303	270recipients receive adequate support in selecting programs and courses which lead to credentials
304	304	271and further their career in early education and care.
305	305	272 (h) The board shall, subject to appropriation, establish the early education and care
306	306	273educator loan forgiveness program for early education and care sector educators in the
307	307	274commonwealth pursuant to clause (10) of section 5 of this chapter with preference given to
308	308	275applicants identified as providers who have displayed a proven commitment to early childhood
309	309	276education and who work in communities predominantly serving children and families with high
310	310	277needs or areas with a shortage of early education and care slots.
311	311	278 Section 21. The department of early education and care, the executive office of labor and
312	312	279workforce development and the commonwealth corporation in conjunction with the regional
313	313	280workforce boards shall develop strategies and prioritize programming and funding opportunities
314	314	281towards filling job positions in the early education and care field using existing resources
315	315	282pursuant to clause (12) of section 5 of this chapter.
316	316	283 Section 22. Annually, by February 15, the department shall report to the legislature on:
317	317	284 (a) The cost and use of all child care financial assistance provided by the department. The
318	318	285report shall include: (i) the number of licensed or exempt early education and care providers; (ii)
319	319	286the total cost of the child care financial assistance provided by the department or its agents; (ii)
320	320	287the utilization of available contracted slots and vouchers by region and type of care provider; (iii)
321	321	288the total number of all children receiving child care financial assistance by region, age, type of
322	322	289care, race and ethnicity, disability status of the child, primary language of the household, and
323	323	290income range of the household; (iv) the monthly average number of children on the department’s 15 of 21
324	324	291financial assistance wait list by region, age, type of care, race and ethnicity, disability status of
325	325	292the child, primary language of the household, adults in the household, and income range of the
326	326	293household; and (v) the average monthly number and percentage of utilized contracted slots by
327	327	294region.
328	328	295 (b) The cost and use of all allocations of funding to early education and care providers
329	329	296under this chapter, including identifying the providers funded, the amount the provider received,
330	330	297and information on the number of providers funded by region, ages served, type of provider, and
331	331	298percentage of enrolled children receiving financial assistance.
332	332	299 (c) Application information including: (i) the number of applications for child care
333	333	300financial assistance; (ii) the numbers of applications for child care financial assistance denied,
334	334	301broken out by the reason for denial; (iii) the numbers of requests for review made by families of
335	335	302the denial of their applications for or ending of their child care financial assistance, broken out
336	336	303by the reason for denial of the application for or end of the financial assistance and, of those, the
337	337	304numbers of requests for review that: (A) resulted in a decision that reversed the application
338	338	305denial or financial assistance ending, (B) resulted in a decision that upheld the denial or ending
339	339	306of the family’s financial assistance, or (C) were undecided as of the end of the 12-month
340	340	307reporting period; and (iv) the number of requests for an administrative hearing made by families
341	341	308of the denial of their applications for or ending of their child care financial assistance, broken out
342	342	309by the reason for denial of the application for or ending of the financial assistance and, of those,
343	343	310the numbers (A) that resulted in a hearing decision that reversed the application denial or
344	344	311financial assistance ending, (B) that resulted in a hearing decision that upheld the application
345	345	312denial or financial assistance ending, (C) in which a hearing was not held as of the end of the 12- 16 of 21
346	346	313month reporting period, or (D) in which a hearing was held but the decision was not issued as of
347	347	314the end of the 12-month reporting period.
348	348	315 (d) Information about providers including: (i) the number of employees by race and
349	349	316ethnicity; (ii) the salary bands and employer-paid benefits provided to employees, broken out by
350	350	317job position, and within that, broken out by part-time and full-time employee designation, race
351	351	318and ethnicity, and job location within the commonwealth; and (iii) the levels of pay rates and
352	352	319employer-paid benefits compared to levels reported in the previous three reporting years.
353	353	320 SECTION 11. Not later than December 31, 2023, the executive office of labor and
354	354	321workforce development, in consultation with the executive office of housing and economic
355	355	322development and the department of early education and care, shall develop recommendations to
356	356	323the legislature requiring employers of a certain size to provide a childcare benefit. Consideration
357	357	324should be given to benefits such as: pre-tax childcare spending accounts funded in part by the
358	358	325employer, reduced tuition at a specific child care provider, a stipend to be used for childcare at a
359	359	326location of the employee’s choice, or the availability of onsite childcare, or other such strategies.
360	360	327 SECTION 12. Not later than December 31, 2023, the department of early education and
361	361	328care shall file a report with the clerks of the house and the senate, who shall forward the report to
362	362	329the chairs of the house and senate committees on ways and means, and the joint committee on
363	363	330education, on a plan to expand local partnerships including strategies and resources necessary to
364	364	331address community-based program expansion plans currently in development under the
365	365	332Commonwealth Preschool Partnership Initiative grant. The report shall identify means by which
366	366	333existing programming may be continued using existing resources available to providers in the
367	367	334mixed delivery system. The report shall also identify strategies for expanding the number of slots 17 of 21
368	368	335available in communities currently receiving Commonwealth Preschool Partnership Grants and
369	369	336best practices to expand local partnerships to more communities including through mixed
370	370	337delivery programs administered by the local school system, municipal scholarship programs
371	371	338directly to families based on successful models already being implemented in certain
372	372	339municipalities, and other approaches to expand access to public high-quality care.
373	373	340 SECTION 13. Not later than December 31, 2023, the department of early education and
374	374	341care in consultation with the Children’s Investment Fund and the Community Economic
375	375	342Development Assistance Corporation shall file a report with the joint committee on education
376	376	343detailing proposed improvements to the Early Education and Out of School Time Capital fund
377	377	344including, but not limited to, eligibility criteria, sizes of grants, ways to streamline the
378	378	345application process, any other parameters to increase the impact of this fund, and any data
379	379	346available on unmet need for early education and care facilities improvements.
380	380	347 SECTION 14. The department of early education and care, the executive office of labor
381	381	348and workforce development and the commonwealth corporation shall jointly conduct a study and
382	382	349report on enhancing the early education workforce pipeline to ensure that the early educator
383	383	350workforce meets the needs of the commonwealth. Said report shall include but not be limited to,
384	384	351providing the following recommendations: (i) recruitment of new early educators; (ii) the
385	385	352development of apprenticeship programs and non-traditional recruitment opportunities; (iii)
386	386	353opportunities for collaboration between providers and vocational schools with curriculums that
387	387	354include early education and care; and (iv) the retention of early educators. Said report shall take
388	388	355into consideration existing resources and may make recommendations regarding additional
389	389	356resources which would be required to fully implement the report. The department of early
390	390	357education and care, the executive office of labor and workforce development and the 18 of 21
391	391	358commonwealth corporation shall file its report with the clerks of the house of representatives and
392	392	359the senate, the joint committee on education, the joint committee on labor and workforce
393	393	360development, and the house and senate committees on ways and means no later than January 1,
394	394	3612024.
395	395	362 SECTION 15. Not later than January 15, 2024, the department of early education and
396	396	363care shall file a report with the clerks of the house and the senate, who shall forward the report to
397	397	364the chairs of the house and senate committees on ways and means and the joint committee on
398	398	365education, on design and implementation plans for the early education and care educator
399	399	366scholarship program and loan forgiveness program pursuant to section 10 of this act.
400	400	367 SECTION 16. Not later than March 31, 2024, the department of early education and care
401	401	368shall assess the extent of current supply and the unmet needs of families eligible for child care
402	402	369financial assistance, taking into account relevant differences among locations within the
403	403	370commonwealth including: (i) subsidized transportation of children to and from early education
404	404	371and care providers; (ii) early education and care services for time periods outside standard hours;
405	405	372(iii) substitute care on days on which the family’s regular early education and care provider is
406	406	373unavailable; and (iv) any other factors that prevent families from accessing state early education
407	407	374and child care financial assistance and to assess the cost of addressing these unmet needs.
408	408	375 The department of early education and care shall file a report with the clerks of the house
409	409	376and the senate, who shall forward the report to the chairs of the house and senate committees on
410	410	377ways and means, and the joint committee on education.
411	411	378 SECTION 17. Not later than March 31, 2024, the department of early education and care
412	412	379shall establish a methodology that the department will use for assessing and updating the full 19 of 21
413	413	380costs of high-quality early education and care throughout the commonwealth. This methodology
414	414	381will be used to determine child care financial assistance reimbursement rates and operational
415	415	382grant amounts which are adequate to help meet the cost of providing high-quality early education
416	416	383and care. The methodology shall take into account all aspects of providers’ operations and
417	417	384responsibilities and costs that vary with location, type of provider, age ranges of the children
418	418	385served, and service to children with high needs.
419	419	386 The methodology shall include at least the following components: (i) pay and benefits to
420	420	387all staff, taking into account staff-to-child ratios needed depending on age ranges and service to
421	421	388children with high needs, curriculum planning time, as well as necessary non-educational staff
422	422	389activities, such as communications with families and department staff; (ii) professional
423	423	390development and instructional coaching for staff involved in the direct education and care of
424	424	391children; (iii) occupancy, including rent, utilities, maintenance, and improvements to physical
425	425	392environment; (iv) furnishings, appliances, equipment, office supplies and administration,
426	426	393including internet, telephone, insurance, permits, and taxes or fees; (v) educational supplies and
427	427	394curricula, observational tools, and toys; (vi) nutritious meals and snacks; (vii) transportation
428	428	395services for children to, from, and between early education and care providers, schools, and
429	429	396home; and (viii) costs of additional services to children and families with high needs including
430	430	397staff and staff training needed for accommodating children with disabilities or other high needs,
431	431	398interpreter services, mental health supports and other wraparound services for children, mental
432	432	399health supports for staff, trauma-informed care practice, and staff time required to provide
433	433	400comprehensive family engagement and services to ensure effective early education and promote
434	434	401multi-generational success. 20 of 21
435	435	402 Said methodology shall annually be increased at the rate of inflation and the methodology
436	436	403shall be reassessed and accordingly adjusted no less than once every 5 years.
437	437	404 SECTION 18. Not later than March 31, 2024, the department of early education and care
438	438	405shall develop and file a report on an early education and care career ladder pursuant to section 5
439	439	406subsection 11 of chapter 15D.
440	440	407 (a) The career ladder shall include (i) minimum recommended salaries and compensation
441	441	408for each level of the career ladder which are commensurate with the salaries of public school
442	442	409teachers with equivalent credentials and training when required for a position, (ii) minimum
443	443	410recommended benefits for provider staff, including but not limited to health insurance, retirement
444	444	411benefits, paid vacation, and other leave time, and (iii) recommendations for linking professional
445	445	412development and educational credentials to increased compensation and leadership opportunities
446	446	413in the field of early education and care.
447	447	414 (b) The department shall file the report with the clerks of the house and the senate, who
448	448	415shall forward the report to the chairs of the house and senate committees on ways and means, and
449	449	416the joint committee on education.
450	450	417 (c) The department shall review the salaries, compensation and benefits structure and
451	451	418guidelines annually and update them, as needed, based on increased cost of living and other
452	452	419factors deemed relevant by the department to determine appropriate compensation for the field.
453	453	420 (d) The salaries, compensation and benefits guidelines developed under this section shall
454	454	421not preclude provider staff from exercising any rights they may have to collective bargaining
455	455	422about salaries, compensation and benefits. 21 of 21
456	456	423 SECTION 19. Not later than October 1, 2024, the department of early education and care
457	457	424shall file a report with the clerks of the house and the senate, who shall forward the report to the
458	458	425chairs of the house and senate committees on ways and means and the joint committee on
459	459	426education a plan to pilot, scale, and evaluate on a regular basis shared services and quality
460	460	427licensed hubs for early education and care providers including family child care providers.
461	461	428 SECTION 20. Within 180 days following passage of this act, the department of early
462	462	429education and care shall file a report with the clerks of the house and the senate, who shall
463	463	430forward the report to the chairs of the house and senate committees on ways and means, and the
464	464	431joint committee on education, on the steps required to implement this Act and a preliminary
465	465	432assessment of the funding and administrative resources that would aid the department in
466	466	433implementing this act, such as technological resources, technical expertise, and staffing of the
467	467	434department.
468	468	435 SECTION 21. The reports required pursuant to this act shall be made publicly available
469	469	436on the department of early education and care’s website in accordance with section 19 of chapter
470	470	43766 of the General Laws.
471	471	438 SECTION 22. The department shall fully implement this act within 5 years from the date
472	472	439of passage.