Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S301 Compare Versions

Only one version of the bill is available at this time.

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2	2	SENATE DOCKET, NO. 667 FILED ON: 1/17/2023
3	3	SENATE . . . . . . . . . . . . . . No. 301
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Jason M. Lewis
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 :Jason M. LewisFifth MiddlesexSusan L. MoranPlymouth and BarnstableRobyn K. KennedyFirst Worcester1/19/2023Liz MirandaSecond Suffolk1/19/2023Rebecca L. RauschNorfolk, Worcester and Middlesex1/23/2023Paul W. MarkBerkshire, Hampden, Franklin and
17	17	Hampshire
18	18	1/23/2023Jack Patrick Lewis7th Middlesex1/24/2023John J. CroninWorcester and Middlesex1/24/2023Joanne M. ComerfordHampshire, Franklin and Worcester1/26/2023Sal N. DiDomenicoMiddlesex and Suffolk1/26/2023Patricia A. Duffy5th Hampden1/26/2023Michael D. BradySecond Plymouth and Norfolk1/30/2023Patricia D. JehlenSecond Middlesex1/30/2023Susannah M. Whipps2nd Franklin1/30/2023Marc R. PachecoThird Bristol and Plymouth1/30/2023Jacob R. OliveiraHampden, Hampshire and Worcester1/30/2023 2 of 2
19	19	Carmine Lawrence Gentile13th Middlesex1/30/2023Vanna Howard17th Middlesex1/31/2023Michael J. BarrettThird Middlesex2/1/2023Patrick M. O'ConnorFirst Plymouth and Norfolk2/2/2023Michael O. MooreSecond Worcester2/2/2023Thomas M. Stanley9th Middlesex2/2/2023Mike Connolly26th Middlesex2/2/2023Lydia EdwardsThird Suffolk2/6/2023Manny Cruz7th Essex2/7/2023Mark C. MontignySecond Bristol and Plymouth2/8/2023Sean Garballey23rd Middlesex2/10/2023Julian CyrCape and Islands2/10/2023James B. EldridgeMiddlesex and Worcester2/10/2023Adam GomezHampden2/21/2023Walter F. TimiltyNorfolk, Plymouth and Bristol2/22/2023Mathew J. Muratore1st Plymouth2/22/2023Cindy F. FriedmanFourth Middlesex3/6/2023Michael P. Kushmerek3rd Worcester3/6/2023Michelle L. Ciccolo15th Middlesex3/8/2023 1 of 21
20	20	SENATE DOCKET, NO. 667 FILED ON: 1/17/2023
21	21	SENATE . . . . . . . . . . . . . . No. 301
22	22	By Mr. Lewis, a petition (accompanied by bill, Senate, No. 301) of Jason M. Lewis, Susan L.
23	23	Moran, Robyn K. Kennedy, Liz Miranda and other members of the General Court for legislation
24	24	to provide affordable and accessible high quality early education and care to promote child
25	25	development and well-being and support the economy in the Commonwealth. Education.
26	26	[SIMILAR MATTER FILED IN PREVIOUS SESSION
27	27	SEE SENATE, NO. 362 OF 2021-2022.]
28	28	The Commonwealth of Massachusetts
29	29	_______________
30	30	In the One Hundred and Ninety-Third General Court
31	31	(2023-2024)
32	32	_______________
33	33	An Act providing affordable and accessible high quality early education and care to promote
34	34	child development and well-being and support the economy in the Commonwealth.
35	35	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
36	36	of the same, as follows:
37	37	1 SECTION 1. The seventh paragraph of section 22N of chapter 7 of the General Laws, as
38	38	2appearing in the 2018 Official Edition, is hereby amended by adding the following sentence:-
39	39	3 Notwithstanding any provision to the contrary, early education and care providers
40	40	4contracting with the department of early education and care or their agents shall be exempt from
41	41	5the price limitations set forth by the bureau.
42	42	6 SECTION 2. Section 1A of Chapter 15D, as appearing in the 2018 Official Edition, is
43	43	7hereby amended by inserting the following definitions: 2 of 21
44	44	8 “Caregiver”, a person living with, supervising and caring for a child whose parents are
45	45	9not living in the home with them or a person with legal guardianship of a child regardless of
46	46	10whether the child’s parents are living in the home with them.
47	47	11 “High needs”, needs that may result in an individual or family needing more services,
48	48	12including but not limited to any physical, mental, emotional, intellectual, cognitive, behavioral,
49	49	13or health related disability or condition, exposure to domestic violence, trauma history, limited
50	50	14English proficiency, limited literacy, homelessness or housing instability, income at or below the
51	51	15federal poverty line, or involvement with the department of children and families.
52	52	16 “Child care financial assistance”, financial assistance given to eligible parents or
53	53	17caregivers for child care provided by an early education and care provider pursuant to a contract
54	54	18or voucher agreement with the department.
55	55	19 “Early education and care provider”, or “provider”, any childcare center, family child
56	56	20care home, large family child care home, or out-of-school time program licensed or exempt by
57	57	21the department of early education and care located within the commonwealth of Massachusetts
58	58	22that provides early education and care programs and services.
59	59	23 “Operational Grant”, an amount of funding from the department to early education and
60	60	24care providers currently enrolling children receiving child care financial assistance or certifying
61	61	25their willingness to enroll a child receiving child care financial assistance should a family choose
62	62	26the provider and there is an available opening.
63	63	27 SECTION 3. Section 2 of chapter 15D of the General Laws, as appearing in the 2018
64	64	28Official Edition, is hereby amended by striking out subsection (e) and inserting in place thereof
65	65	29the following subsection:- 3 of 21
66	66	30 (e) establish and develop a schedule for revising: (i) a rate structure for voucher and
67	67	31contracted payments to early education and care providers who accept children receiving child
68	68	32care financial assistance based on the payments meeting the full cost of providing high-quality
69	69	33early education and care to such children, in conformity with federal and state law, regulations
70	70	34and quality and safety standards, when combined with operational grant funding, fees paid by
71	71	35parents or caregivers, and any direct funding paid by a source other than the department to
72	72	36providers; provided, that the rate structure shall include higher rates for the provision of care
73	73	37during nonstandard hours, as defined by the department, sufficient to encourage providers to
74	74	38offer care during nonstandard hours; provided further, that the method for reimbursement for
75	75	39voucher and contracted payments to early education and care providers on behalf of children
76	76	40receiving child care financial assistance shall be based on quarterly enrollment rather than daily
77	77	41attendance of participants; (ii) a sliding fee scale for families receiving child care financial
78	78	42assistance which is updated at least every 5 years to reflect affordability standards for
79	79	43participating families, provided that recipients of child care financial assistance whose income is
80	80	44not more than 100 per cent of the federal poverty level shall not be charged fees for care and that
81	81	45amounts charged to families whose income is more than 100 per cent of the federal poverty level
82	82	46shall not exceed 7 per cent of the family’s total income and shall be determined by applying the
83	83	47sliding fee scale to the remainder of the family’s income after deducting 100 per cent of the
84	84	48federal poverty level.
85	85	49 A public hearing under chapter 30A and the approval of the board shall be required
86	86	50before the establishment or revision of the rate structure and sliding fee scale.
87	87	51 SECTION 4. Said section 2 of said chapter 15D, as so appearing, is hereby further
88	88	52amended by inserting after subsection (u) the following subsection:- 4 of 21
89	89	53 (v) annually collect from early education and care providers licensed by the department,
90	90	54data on: (i) the number of employees, (ii) the pay rates and employer-paid benefits (iii) the
91	91	55tuition charged for full- and part-time early education and care services by age group, (iv)
92	92	56numbers of children enrolled by age group, family income range, race, ethnicity, country-of-
93	93	57origin, and preferred language.
94	94	58 SECTION 5. Section 5 of said chapter 15D, as appearing in the 2018 Official Edition, is
95	95	59hereby amended by inserting after the words “a common and shared body of knowledge” the
96	96	60following words:- including cultural competency and awareness of implicit bias,
97	97	61 SECTION 6. Said chapter 15D, as so appearing, is hereby further amended by inserting,
98	98	62after section 13, the following section:-
99	99	63 Section 13A. Early education and care financial assistance program
100	100	64 (a) The department shall use, for the purpose of providing child care financial assistance
101	101	65under this section, funding, from any source that is appropriated or otherwise provided to it for
102	102	66the purpose of subsidizing or reducing the costs to families of fees for early education and care
103	103	67for their children, including increasing per child rates set by the department.
104	104	68 (b) The early education and care financial assistance program shall provide sufficient
105	105	69child care financial assistance to enable all families to afford and access high-quality early
106	106	70education and care for infants, toddlers, preschool-age, and school-age children, as defined in
107	107	71section 1A of this chapter, provided that a school-age child’s financial assistance shall continue
108	108	72until at least the end of the school year in which the child reaches the maximum age. 5 of 21
109	109	73 (c) Child care financial assistance may be used for early education and care provided by
110	110	74public, private, non-profit, and for-profit entities licensed or approved by the department,
111	111	75including but not limited to: preschools, childcare centers, nursery schools, before and after
112	112	76school programs, out-of-school time programs, Head Start and Early Head Start programs,
113	113	77informal childcare providers and independent and system-affiliated family child care homes.
114	114	78 (d) The department shall provide financial assistance to families receiving services from
115	115	79the department of children and families as provided in section 2 of chapter 18B of the General
116	116	80Laws.
117	117	81 (e) The department shall provide child care financial assistance to families currently
118	118	82involved with, or transitioning from, transitional aid to families with dependent children;
119	119	83provided, however, that child care financial assistance shall be available to: (i) recipients of
120	120	84transitional aid to families with dependent children; (ii) former recipients who are working or are
121	121	85engaged in an approved service need activity for up to 2 years after termination of their benefits;
122	122	86(iii) parents who are under 18 years of age who are currently enrolled in an education or job
123	123	87training program and who would qualify for benefits under chapter 118 of the General Laws if
124	124	88not for the consideration of the grandparents’ income; and (iv) recipients of the supplemental
125	125	89nutrition assistance program who are participating in education and training services approved by
126	126	90the department of transitional assistance.
127	127	91 (f) The department shall provide financial assistance to families eligible in accordance
128	128	92with any income limits in effect under subsections (g) and (h) of this section.
129	129	93 (g) The department shall subsidize the cost of early education and care services to all
130	130	94families in need of these services with incomes at or below 85 per cent of the Massachusetts state 6 of 21
131	131	95median income. Provided, should appropriations be insufficient to subsidize the cost of early
132	132	96education and care services to all families in need of these services with incomes at or below 85
133	133	97per cent of the Massachusetts state median income, first priority shall be provided to those
134	134	98children whose family’s household income is at or below 50 per cent of the Massachusetts state
135	135	99median income or a child with a documented disability whose family’s household income is at or
136	136	100below 85 per cent of the Massachusetts state median income and to all children in families who
137	137	101are experiencing homelessness or who are headed by a parent under the age of 20; and provided
138	138	102further, that second priority shall be given to children whose family’s household income is above
139	139	10350 per cent, but not exceeding 85 per cent of the Massachusetts state median income; provided,
140	140	104however, that a family with income below the federal poverty level shall not have its priority
141	141	105status on a waitlist negatively impacted by a family with income above the federal poverty level.
142	142	106 (h) The department shall allocate funding to increase the numbers of families receiving
143	143	107financial assistance based on income eligibility in stages: (i) to those eligible for financial
144	144	108assistance as stipulated in subsection (g); (ii) to provide child care financial assistance to all
145	145	109families in need of these services, whose income is above 85 per cent, but not exceeding 100 per
146	146	110cent, of the Massachusetts state median income; (iii) to provide child care financial assistance to
147	147	111all families in need of these services, whose income is above 100 per cent, but not exceeding 110
148	148	112per cent, of the Massachusetts state median income; (iv) to provide child care financial assistance
149	149	113to all families in need of these services, whose income is above 110 per cent, but not exceeding
150	150	114125 per cent, of the Massachusetts state median income; (v) to provide child care financial
151	151	115assistance to all families in need of these services whose income is above 125 per cent, but not
152	152	116exceeding 200 per cent of the Massachusetts state median income. 7 of 21
153	153	117 (i) Family income, for the purposes of eligibility for early education and care financial
154	154	118assistance shall include income of parents living with the child receiving subsidized care but
155	155	119shall not include: any form of income of foster parents, caregivers, or other adult family
156	156	120members; income of or for siblings who are not receiving subsidized care; or earned income of
157	157	121any minor child.
158	158	122 (j) The department shall subsidize early education and care by: (i) providing vouchers for
159	159	123payment to providers, enabling families to access early education and care providers of their
160	160	124choice and (ii) offering families the alternative of an open space with a provider that is
161	161	125subsidized under the provider’s contract with the department.
162	162	126 (k) The department shall require early education and care providers, as a condition for
163	163	127receiving payments from the department for financial assistance provided to families under this
164	164	128section, to enter into and comply with contractual agreements with the department, developed by
165	165	129the department and requiring the provider to comply with all applicable requirements of this
166	166	130chapter and any other federal or state requirements necessary to receive funding for financial
167	167	131assistance provided to families under this section.
168	168	132 (l) The department and its agents shall not reduce, terminate, or deny continued financial
169	169	133assistance to families until and unless the family is determined to be ineligible and is given the
170	170	134opportunity for an administrative appeal hearing. In situations in which the department or its
171	171	135agents deny a family’s application for financial assistance, the department shall provide the
172	172	136family an opportunity for an administrative appeal hearing and shall process such appeals within
173	173	13760 days from the date requested. 8 of 21
174	174	138 (m) The department and its agents shall not reduce, terminate, or deny continued child
175	175	139care financial assistance to families based on their household income until and unless the
176	176	140household income exceeds at least 85 per cent of the Massachusetts state median income or the
177	177	141income threshold for currently eligible families as prioritized in subsection (g) or (h), whichever
178	178	142is higher.
179	179	143 (n) To the extent not otherwise prohibited by federal or state law, the department shall
180	180	144not terminate or deny child care financial assistance on the grounds of fee arrears until and less:
181	181	145(1) the family’s fees and financial assistance have been adjusted, prospectively and retroactively,
182	182	146to take into account any reduction in income, and the arrears reduced accordingly; and (2) the
183	183	147family has been offered an affordable payment plan, taking into account their income and
184	184	148expenses, and only if the family refused to enter into the plan. Disputes about the existence or
185	185	149amount of fee arrears and the affordability of payment plans shall be subject to administrative
186	186	150appeal. The department shall accord providers the option of receiving department payment of
187	187	151arrears and repaying the department as the family makes payments under a payment plan.
188	188	152 (o) The department shall review the early education and care financial assistance program
189	189	153at least annually to identify access barriers to families and opportunities to improve families’
190	190	154experience with the financial assistance process, including but not limited to department
191	191	155paperwork and verification requirements. The department shall take action to remove any access
192	192	156barriers, including but not limited to: (i) making technological improvements, (ii) streamlining
193	193	157the application and renewal processes, (iii) improving outreach to potentially eligible families
194	194	158regarding the availability of financial assistance and the process for applying, (iv) ensuring
195	195	159access for families whose primary language is not English, (v) establishing procedures to screen
196	196	160families for the need for disability accommodations and provide these accommodations, (vi) 9 of 21
197	197	161ensuring that the department, through its agents and employees, promptly responds to
198	198	162communication by parents and caregivers, and (vii) ensuring that families with children with
199	199	163high needs are informed of openings with providers that focus on serving such families and
200	200	164children.
201	201	165 (p) The department shall adopt any additional regulations necessary to implement the
202	202	166provisions of this section, after providing the opportunity for public comment, to be accepted
203	203	167through both testimony at public hearings and written comments, and after consideration of these
204	204	168comments.
205	205	169 SECTION 7. Subsection (a) of section 17 of said chapter 15D is hereby amended by
206	206	170striking out the definitions of “Family child care provider” and “Family child care services” and
207	207	171inserting in place thereof the following definitions:-
208	208	172 “Family child care provider”, a person who provides family child care services on behalf
209	209	173of children receiving child care financial assistance and receives payment from the
210	210	174commonwealth for such services.
211	211	175 “Family child care services”, child care services provided for less than 24 hours per day
212	212	176in the residence of the provider on behalf of children receiving child care financial assistance for
213	213	177which payment is made from the commonwealth.
214	214	178 SECTION 8. Subsection (b) or Section 17 of said chapter 15D is hereby further amended
215	215	179by striking out the words “under a rate structure for voucher and contracted payments” .
216	216	180 SECTION 9. Section 17 of said chapter 15D is hereby further amended by striking out
217	217	181subsection (h) and inserting in place thereof the following section:- 10 of 21
218	218	182 (h) In addition to the mandatory subjects under subsection (g), the department and an
219	219	183employee organization certified by the department of labor relations as the bargaining
220	220	184representative of family child care providers shall bargain about the rate structure for voucher
221	221	185and contracted payments for family child care services on behalf of children receiving child care
222	222	186financial assistance.
223	223	187 SECTION 10. Said chapter 15D is hereby further amended by adding the following
224	224	188sections:-
225	225	189 Section 19. Notwithstanding the provisions of any general or special law or regulation to
226	226	190the contrary, the department shall establish and distribute operational grants.
227	227	191 (a) Operational grants shall be used for educator compensation and credentialing as well
228	228	192as program quality and sustainability. Said operational grant uses shall include but not be limited
229	229	193to: (i) compensating early education and care provider staff through increased salaries, benefits,
230	230	194bonuses, professional development, or access to continuing education opportunities; (ii)
231	231	195increasing affordability of early education and care to families by reducing the tuition and fees
232	232	196paid by families or offering scholarships to families; (iii) enabling early education and care
233	233	197providers to provide high-quality early education and care and to comply fully with all applicable
234	234	198health, safety, educational, quality-assurance, and other requirements of this chapter as well as
235	235	199any requirements imposed by the department consistent with this chapter; (iv) improving
236	236	200facilities and physical spaces used by the provider; (v) enabling providers to address emergency
237	237	201situations, during which the cost of care significantly increases due to additional federal, state, or
238	238	202department requirements, or the loss of fees due to absence or unenrollment jeopardizes early
239	239	203education and care providers’ ability to retain their facilities and staff; or (vi) enabling early 11 of 21
240	240	204education and care providers to maintain or increase capacity to provide voluntary supplemental
241	241	205services to enrolled children and their families, such as social work services, health and
242	242	206disability-related services, and support to parents and caregivers.
243	243	207 (b) The department shall establish a formula for distributing operational grants to
244	244	208providers which shall consider at a minimum the following: (i) the provider’s licensed capacity
245	245	209and enrollment, including the ages of the children enrolled and for whom the provider has
246	246	210capacity; (ii) the location of the provider, availability of care in the area, and additional costs
247	247	211associated with the provider’s location; (iii) the demographics of the families served by the
248	248	212provider including how many children receiving financial assistance attend, the income level of
249	249	213families, and other pertinent demographic data that may influence the needs of the families and
250	250	214children served; (iv) the number of children with high needs enrolled including those with
251	251	215disabilities, limited English proficiency, and other factors as determined by the department; (v)
252	252	216the cost of quality care methodology established by the department and until such time as the
253	253	217methodology is established, any available information regarding the cost of quality early
254	254	218education and care including available credentialling frameworks and applicable salary
255	255	219guidelines; (vi) any other factors impacting costs to the provider of providing quality care in
256	256	220areas of need including, but not limited to, serving infants and toddlers, providing non-standard
257	257	221hours of care, and providing care to children and families with high needs for whom there are
258	258	222shortages of early education and care slots; and (vii) promoting racial equity . The department
259	259	223shall annually review and update this formula based on relevant data.
260	260	224 (c) The department shall require early education and care providers, as a condition for
261	261	225receiving funding under this section, to: (i) enter into and comply with contractual agreements
262	262	226with the department, which shall be developed by the department; (ii) continue or agree to enroll 12 of 21
263	263	227children with child care financial assistance through the department, provided the family chooses
264	264	228the provider and the provider has an available opening; (iii) comply with any recommended
265	265	229salaries, compensation, and benefits put forth by the department pursuant to section 18 of this
266	266	230act, or if the funding the provider receives is insufficient, increase salaries, compensation, and
267	267	231benefits to the extent possible; and (iv) provide data that the department requires, as needed to
268	268	232carry out the department’s assessment and reporting requirements under this chapter.
269	269	233 (d) The department shall develop enforceable compliance standards that demonstrate that
270	270	234early education and care provider openings are accessible to children receiving child care
271	271	235financial assistance with a goal of increasing financial assistance utilization and methods for
272	272	236ensuring that providers receiving operational grant funding meet the standards before renewing
273	273	237their funding.
274	274	238 (e) Absent any changes in circumstances and assuming compliance with all requirements
275	275	239in subsections (c) and (d) and otherwise determined as necessary by the department, operational
276	276	240grants will be renewed to each provider annually.
277	277	241 (f) A public hearing under chapter 30A and the approval of the board shall be required
278	278	242before the establishment or revision of the operational grant formula and enforceable compliance
279	279	243standards.
280	280	244 Section 20. The board shall establish the early education and care educator scholarship
281	281	245program for early education and care sector educators in the commonwealth pursuant to clause
282	282	246(10) of section 5 of this chapter.
283	283	247 (a) The commissioner, in consultation with the commissioner of higher education, shall
284	284	248make recommendations to the board establishing appropriate guidelines, standards and 13 of 21
285	285	249application criteria for the administration of the program, including mechanisms to ensure the
286	286	250scholarship provides meaningful improvements in the delivery of high-quality early education
287	287	251and care across the commonwealth.
288	288	252 (b) The scholarship program shall be administered by the department through a
289	289	253memorandum of understanding with the department of higher education.
290	290	254 (c) The scholarship may be used to cover the cost of tuition, fees and related expenses,
291	291	255including supports unique to the diverse learning needs of the field such as personal childcare
292	292	256expenses in order to attend classes and class meetings, and other supports deemed appropriate by
293	293	257the board for degree granting programs for early educators who are pursuing associate or
294	294	258bachelor level degrees to meet the teacher and program quality standards of the department.
295	295	259 (d) The amount of each scholarship shall, at a minimum, be sufficient to cover the full
296	296	260cost of tuition and associated fees for one semester of classes at a Massachusetts community
297	297	261college.
298	298	262 (e) Eligible recipients shall be current or prospective early education and care educators
299	299	263and providers employed by early education and care providers in the commonwealth who
300	300	264commit to teaching for early education and care providers for a term of service after graduation
301	301	265to be determined by the board and shall reflect the diversity of the commonwealth's early
302	302	266education and care workforce.
303	303	267 (f) Preference shall be given to applicants identified as providers who have displayed a
304	304	268proven commitment to early childhood education as demonstrated by longevity in the field. 14 of 21
305	305	269 (g) The program shall be administered by the department in a manner that ensures
306	306	270recipients receive adequate support in selecting programs and courses which lead to credentials
307	307	271and further their career in early education and care.
308	308	272 (h) The board shall establish the early education and care educator loan forgiveness
309	309	273program for early education and care sector educators in the commonwealth pursuant to clause
310	310	274(10) of section 5 of this chapter with preference given to applicants identified as providers who
311	311	275have displayed a proven commitment to early childhood education and who work in
312	312	276communities predominantly serving children and families with high needs or areas with a
313	313	277shortage of early education and care slots.
314	314	278 Section 21. The department of early education and care, the executive office of labor and
315	315	279workforce development and the commonwealth corporation in conjunction with the regional
316	316	280workforce boards shall develop strategies and prioritize programming and funding opportunities
317	317	281towards filling job positions in the early education and care field using existing resources
318	318	282pursuant to clause (12) of section 5 of this chapter.
319	319	283 Section 22. Annually, by February 15, the department shall report to the legislature on:
320	320	284 (a) The cost and use of all child care financial assistance provided by the department. The
321	321	285report shall include: (i) the number of licensed or exempt early education and care providers ; (ii)
322	322	286the total cost of the child care financial assistance provided by the department or its agents ; (ii)
323	323	287the utilization of available contracted slots and vouchers by region and type of care provider; (iii)
324	324	288the total number of all children receiving child care financial assistance by region, age, type of
325	325	289care, race and ethnicity, disability status of the child, primary language of the household, and
326	326	290income range of the household; (iv) the monthly average number of children on the department’s 15 of 21
327	327	291financial assistance wait list by region, age, type of care, race and ethnicity, disability status of
328	328	292the child, primary language of the household, adults in the household, and income range of the
329	329	293household; and (v) the average monthly number and percentage of utilized contracted slots by
330	330	294region.
331	331	295 (b) The cost and use of all allocations of funding to early education and care providers
332	332	296under this chapter, including identifying the providers funded, the amount the provider received,
333	333	297and information on the number of providers funded by region, ages served, type of provider, and
334	334	298percentage of enrolled children receiving financial assistance.
335	335	299 (c) Application information including: (i) the number of applications for child care
336	336	300financial assistance; (ii) the numbers of applications for child care financial assistance denied,
337	337	301broken out by the reason for denial; (iii) the numbers of requests for review made by families of
338	338	302the denial of their applications for or ending of their child care financial assistance, broken out
339	339	303by the reason for denial of the application for or end of the financial assistance and, of those, the
340	340	304numbers of requests for review that: (A) resulted in a decision that reversed the application
341	341	305denial or financial assistance ending, (B) resulted in a decision that upheld the denial or ending
342	342	306of the family’s financial assistance, or (C) were undecided as of the end of the 12-month
343	343	307reporting period; and (iv) the number of requests for an administrative hearing made by families
344	344	308of the denial of their applications for or ending of their child care financial assistance, broken out
345	345	309by the reason for denial of the application for or ending of the financial assistance and, of those,
346	346	310the numbers (A) that resulted in a hearing decision that reversed the application denial or
347	347	311financial assistance ending, (B) that resulted in a hearing decision that upheld the application
348	348	312denial or financial assistance ending, (C) in which a hearing was not held as of the end of the 12- 16 of 21
349	349	313month reporting period, or (D) in which a hearing was held but the decision was not issued as of
350	350	314the end of the 12-month reporting period.
351	351	315 (d) Information about providers including: (i) the number of employees by race and
352	352	316ethnicity; (ii) the salary bands and employer-paid benefits provided to employees, broken out by
353	353	317job position, and within that, broken out by part-time and full-time employee designation, race
354	354	318and ethnicity, and job location within the commonwealth; and (iii) the levels of pay rates and
355	355	319employer-paid benefits compared to levels reported in the previous three reporting years .
356	356	320 SECTION 11. Not later than December 31, 2023, the executive office of labor and
357	357	321workforce development, in consultation with the executive office of housing and economic
358	358	322development and the department of early education and care, shall develop recommendations to
359	359	323the legislature requiring employers of a certain size to provide a childcare benefit. Consideration
360	360	324should be given to benefits such as: pre-tax childcare spending accounts funded in part by the
361	361	325employer, reduced tuition at a specific child care provider, a stipend to be used for childcare at a
362	362	326location of the employee’s choice, or the availability of onsite childcare, or other such strategies.
363	363	327 SECTION 12. Not later than December 31, 2023, the department of early education and
364	364	328care shall file a report with the clerks of the house and the senate, who shall forward the report to
365	365	329the chairs of the house and senate committees on ways and means, and the joint committee on
366	366	330education, on a plan to expand local partnerships including strategies and resources necessary to
367	367	331address community-based program expansion plans currently in development under the
368	368	332Commonwealth Preschool Partnership Initiative grant. The report shall identify means by which
369	369	333existing programming may be continued using existing resources available to providers in the
370	370	334mixed delivery system. The report shall also identify strategies for expanding the number of slots 17 of 21
371	371	335available in communities currently receiving Commonwealth Preschool Partnership Grants and
372	372	336best practices to expand local partnerships to more communities including through mixed
373	373	337delivery programs administered by the local school system, municipal scholarship programs
374	374	338directly to families based on successful models already being implemented in certain
375	375	339municipalities, and other approaches to expand access to public high-quality care.
376	376	340 SECTION 13. Not later than December 31, 2023, the department of early education and
377	377	341care in consultation with the Children’s Investment Fund and the Community Economic
378	378	342Development Assistance Corporation shall file a report with the joint committee on education
379	379	343detailing proposed improvements to the Early Education and Out of School Time Capital fund
380	380	344including, but not limited to, eligibility criteria, sizes of grants, ways to streamline the
381	381	345application process, any other parameters to increase the impact of this fund, and any data
382	382	346available on unmet need for early education and care facilities improvements.
383	383	347 SECTION 14. The department of early education and care, the executive office of labor
384	384	348and workforce development and the commonwealth corporation shall jointly conduct a study and
385	385	349report on enhancing the early education workforce pipeline to ensure that the early educator
386	386	350workforce meets the needs of the commonwealth. Said report shall include but not be limited to,
387	387	351providing the following recommendations: (i) recruitment of new early educators; (ii) the
388	388	352development of apprenticeship programs and non-traditional recruitment opportunities; (iii)
389	389	353opportunities for collaboration between providers and vocational schools with curriculums that
390	390	354include early education and care; and (iv) the retention of early educators. Said report shall take
391	391	355into consideration existing resources and may make recommendations regarding additional
392	392	356resources which would be required to fully implement the report. The department of early
393	393	357education and care, the executive office of labor and workforce development and the 18 of 21
394	394	358commonwealth corporation shall file its report with the clerks of the house of representatives and
395	395	359the senate, the joint committee on education, the joint committee on labor and workforce
396	396	360development, and the house and senate committees on ways and means no later than January 1,
397	397	3612024.
398	398	362 SECTION 15. Not later than January 15, 2024, the department of early education and
399	399	363care shall file a report with the clerks of the house and the senate, who shall forward the report to
400	400	364the chairs of the house and senate committees on ways and means and the joint committee on
401	401	365education, on design and implementation plans for the early education and care educator
402	402	366scholarship program and loan forgiveness program pursuant to section 10 of this act.
403	403	367 SECTION 16. Not later than March 31, 2024, the department of early education and care
404	404	368shall assess the extent of current supply and the unmet needs of families eligible for child care
405	405	369financial assistance, taking into account relevant differences among locations within the
406	406	370commonwealth including: (i) subsidized transportation of children to and from early education
407	407	371and care providers; (ii) early education and care services for time periods outside standard hours;
408	408	372(iii) substitute care on days on which the family’s regular early education and care provider is
409	409	373unavailable; and (iv) any other factors that prevent families from accessing state early education
410	410	374and child care financial assistance and to assess the cost of addressing these unmet needs.
411	411	375 The department of early education and care shall file a report with the clerks of the house
412	412	376and the senate, who shall forward the report to the chairs of the house and senate committees on
413	413	377ways and means, and the joint committee on education.
414	414	378 SECTION 17. Not later than March 31, 2024, the department of early education and care
415	415	379shall establish a methodology that the department will use for assessing and updating the full 19 of 21
416	416	380costs of high-quality early education and care throughout the commonwealth. This methodology
417	417	381will be used to determine child care financial assistance reimbursement rates and operational
418	418	382grant amounts which are adequate to help meet the cost of providing high-quality early education
419	419	383and care. The methodology shall take into account all aspects of providers’ operations and
420	420	384responsibilities and costs that vary with location, type of provider, age ranges of the children
421	421	385served, and service to children with high needs.
422	422	386 The methodology shall include at least the following components: (i) pay and benefits to
423	423	387all staff, taking into account staff-to-child ratios needed depending on age ranges and service to
424	424	388children with high needs, curriculum planning time , as well as necessary non-educational staff
425	425	389activities, such as communications with families and department staff; (ii) professional
426	426	390development and instructional coaching for staff involved in the direct education and care of
427	427	391children; (iii) occupancy, including rent, utilities, maintenance, and improvements to physical
428	428	392environment; (iv) furnishings, appliances, equipment, office supplies and administration,
429	429	393including internet, telephone, insurance, permits, and taxes or fees; (v) educational supplies and
430	430	394curricula, observational tools, and toys; (vi) nutritious meals and snacks; (vii) transportation
431	431	395services for children to, from, and between early education and care providers, schools, and
432	432	396home; and (viii) costs of additional services to children and families with high needs including
433	433	397staff and staff training needed for accommodating children with disabilities or other high needs,
434	434	398interpreter services, mental health supports and other wraparound services for children , mental
435	435	399health supports for staff, trauma-informed care practice , and staff time required to provide
436	436	400comprehensive family engagement and services to ensure effective early education and promote
437	437	401multi-generational success. 20 of 21
438	438	402 Said methodology shall annually be increased at the rate of inflation and the methodology
439	439	403shall be reassessed and accordingly adjusted no less than once every 5 years.
440	440	404 SECTION 18. Not later than March 31, 2024, the department of early education and care
441	441	405shall develop and file a report on an early education and care career ladder pursuant to section 5
442	442	406subsection 11 of chapter 15D.
443	443	407 (a) The career ladder shall include (i) minimum recommended salaries and
444	444	408compensation for each level of the career ladder which are commensurate with the salaries of
445	445	409public school teachers with equivalent credentials and training when required for a position, (ii)
446	446	410minimum recommended benefits for provider staff, including but not limited to health insurance,
447	447	411retirement benefits, paid vacation, and other leave time, and (iii) recommendations for linking
448	448	412professional development and educational credentials to increased compensation and leadership
449	449	413opportunities in the field of early education and care.
450	450	414 (b) The department shall file the report with the clerks of the house and the senate, who
451	451	415shall forward the report to the chairs of the house and senate committees on ways and means, and
452	452	416the joint committee on education.
453	453	417 (c) The department shall review the salaries, compensation and benefits structure and
454	454	418guidelines annually and update them, as needed, based on increased cost of living and other
455	455	419factors deemed relevant by the department to determine appropriate compensation for the field.
456	456	420 (d) The salaries, compensation and benefits guidelines developed under this section shall
457	457	421not preclude provider staff from exercising any rights they may have to collective bargaining
458	458	422about salaries, compensation and benefits. 21 of 21
459	459	423 SECTION 19. Not later than October 1, 2024, the department of early education and care
460	460	424shall file a report with the clerks of the house and the senate, who shall forward the report to the
461	461	425chairs of the house and senate committees on ways and means and the joint committee on
462	462	426education a plan to pilot, scale, and evaluate on a regular basis shared services and quality
463	463	427licensed hubs for early education and care providers including family child care providers.
464	464	428 SECTION 20. Within 180 days following passage of this act, the department of early
465	465	429education and care shall file a report with the clerks of the house and the senate, who shall
466	466	430forward the report to the chairs of the house and senate committees on ways and means, and the
467	467	431joint committee on education, on the steps required to implement this Act and a preliminary
468	468	432assessment of the funding and administrative resources that would aid the department in
469	469	433implementing this act, such as technological resources, technical expertise, and staffing of the
470	470	434department.
471	471	435 SECTION 21. The reports required pursuant to this act shall be made publicly available
472	472	436on the department of early education and care’s website in accordance with section 19 of chapter
473	473	43766 of the General Laws.
474	474	438 SECTION 22. The department shall fully implement this act within 5 years from the date
475	475	439of passage.