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