1 | 1 | | |
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2 | 2 | | <BillNo> <Sponsor> |
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3 | 3 | | |
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4 | 4 | | SENATE BILL 902 |
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5 | 5 | | By Oliver |
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6 | 6 | | |
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7 | 7 | | |
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8 | 8 | | SB0902 |
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9 | 9 | | 003141 |
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10 | 10 | | - 1 - |
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11 | 11 | | |
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12 | 12 | | AN ACT to amend Tennessee Code Annotated, Title 71, |
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13 | 13 | | Chapter 3, relative to child care. |
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14 | 14 | | |
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15 | 15 | | WHEREAS, the provision of child care is an essential service in this State that is relied |
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16 | 16 | | upon by many working Tennessee parents; and |
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17 | 17 | | WHEREAS, the cost of child care services has become burdensome to many families |
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18 | 18 | | due to inflationary and other factors; and |
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19 | 19 | | WHEREAS, child care workers and early childhood educators are often underpaid |
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20 | 20 | | relative to the quality and necessity of the dedicated services they provide; and |
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21 | 21 | | WHEREAS, the high cost of child care is often especially burdensome to child care |
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22 | 22 | | workers, even in the very child care agencies or other settings in which they work; and |
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23 | 23 | | WHEREAS, the Department of Human Services should utilize the Child Care WAGE$ |
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24 | 24 | | program as a model to reward early childhood educators for their years of dedicated service and |
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25 | 25 | | promote longevity in the profession; now, therefore, |
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26 | 26 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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27 | 27 | | SECTION 1. Tennessee Code Annotated, Title 71, Chapter 3, Part 5, is amended by |
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28 | 28 | | adding the following as new sections: |
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29 | 29 | | 71-3-522. |
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30 | 30 | | (a) This section is known and may be cited as the "Child Care Workforce |
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31 | 31 | | Improvement Act." |
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32 | 32 | | (b) |
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33 | 33 | | (1) The commissioner shall develop, and, no later than January 1, 2026, |
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34 | 34 | | implement a Child Care WAGE$ Tennessee program to provide supplemental |
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35 | 35 | | |
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36 | 36 | | |
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37 | 37 | | - 2 - 003141 |
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38 | 38 | | |
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39 | 39 | | payments to full- and part-time child care workers in this state based upon time in |
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40 | 40 | | service. |
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41 | 41 | | (2) A child care worker is eligible to receive a supplemental payment |
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42 | 42 | | under the program established pursuant to subdivision (b)(1) if the child care |
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43 | 43 | | worker: |
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44 | 44 | | (A) Works at a child care program licensed by the department; |
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45 | 45 | | (B) Earns twenty dollars ($20) per hour or less; |
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46 | 46 | | (C) Has worked at least six (6) months in the same child care |
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47 | 47 | | program, at least ten (10) classroom hours per week, with children from |
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48 | 48 | | birth to five (5) years of age; and |
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49 | 49 | | (D) Is employed at the same child care program at a time when |
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50 | 50 | | funding is available and a final confirmation has been completed. |
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51 | 51 | | (c) Beginning January 1, 2026, and each January 1 thereafter, the commissioner |
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52 | 52 | | shall annually adjust the payments for the program described in subsection (b) by the |
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53 | 53 | | percentage increase in the consumer price index's United States average for all urban |
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54 | 54 | | consumers, as prepared by the United Stated department of labor's bureau of labor |
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55 | 55 | | statistics. |
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56 | 56 | | (d) The commissioner may use funds from the child care improvement fund |
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57 | 57 | | established pursuant to § 71-3-520 to support and supplement the program described in |
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58 | 58 | | subsection (b). |
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59 | 59 | | 71-3-523. |
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60 | 60 | | (a) As used in this section, "early childhood educator" means an employee who |
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61 | 61 | | works at least twenty (20) hours per week at a licensed child care center, family child |
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62 | 62 | | care home, or group child care home, regardless of the employee's income. |
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63 | 63 | | (b) |
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64 | 64 | | |
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65 | 65 | | |
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66 | 66 | | - 3 - 003141 |
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67 | 67 | | |
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68 | 68 | | (1) The commissioner shall develop, and, no later than January 1, 2026, |
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69 | 69 | | implement a program to provide assistance payments to eligible early childhood |
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70 | 70 | | educators in this state through the child care payment assistance program. |
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71 | 71 | | (2) An early childhood educator is eligible to receive an assistance |
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72 | 72 | | payment under the program established pursuant to subdivision (b)(1) if: |
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73 | 73 | | (A) The early childhood educator is a resident of this state; |
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74 | 74 | | (B) The early childhood educator is the parent of a child that |
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75 | 75 | | attends: |
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76 | 76 | | (i) The licensed child care center, family child care home, |
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77 | 77 | | or group child care home where the early childhood educator is |
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78 | 78 | | employed; or |
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79 | 79 | | (ii) Any licensed child care center, family child care home, |
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80 | 80 | | or group child care home in this state; |
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81 | 81 | | (C) The facility described in subdivision (b)(2)(B)(i) or (ii) is |
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82 | 82 | | approved to accept, and accepts, child care assistance payments; and |
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83 | 83 | | (D) The early childhood educator provides proof of employment to |
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84 | 84 | | the satisfaction of the department. |
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85 | 85 | | (c) The commissioner shall exclude all of an applicant early childhood educator's |
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86 | 86 | | income, earned and unearned, when making an eligibility determination for assistance |
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87 | 87 | | payments under the program developed pursuant to subdivision (b)(1). |
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88 | 88 | | (d) |
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89 | 89 | | (1) Except as provided in subdivision (d)(2), and unless otherwise |
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90 | 90 | | prohibited by federal or state law, a child care agency licensed under this part |
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91 | 91 | | shall not place a dependent child of an early childhood educator who is a |
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92 | 92 | | recipient of assistance payments under the program developed pursuant to |
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93 | 93 | | |
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94 | 94 | | |
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95 | 95 | | - 4 - 003141 |
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96 | 96 | | |
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97 | 97 | | subdivision (b)(1) on a wait list behind a child whose parent or guardian is not an |
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98 | 98 | | early childhood educator receiving assistance payments under such program. |
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99 | 99 | | (2) A child care agency shall give first priority on the agency's wait list to |
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100 | 100 | | children described in § 71-3-518, if any. |
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101 | 101 | | (e) Beginning January 1, 2026, and each January 1 thereafter, the commissioner |
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102 | 102 | | shall annually adjust the payments for the program described in subsection (b) by the |
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103 | 103 | | percentage increase in the consumer price index's United States average for all urban |
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104 | 104 | | consumers, as prepared by the United States department of labor's bureau of labor |
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105 | 105 | | statistics. |
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106 | 106 | | (f) The commissioner may use funds from the child care improvement fund |
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107 | 107 | | established pursuant to § 71-3-520 to support and supplement the program described in |
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108 | 108 | | subsection (b). |
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109 | 109 | | (g) The commissioner shall include the eligibility requirements of subdivision |
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110 | 110 | | (b)(2) in the next available application for the federal child care development fund grant. |
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111 | 111 | | SECTION 2. The commissioner of human services is authorized to promulgate rules to |
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112 | 112 | | effectuate this act. The rules must be promulgated in accordance with the Uniform |
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113 | 113 | | Administrative Procedures Act, compiled in Tennessee Code Annotated, Title 4, Chapter 5. |
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114 | 114 | | SECTION 3. This act takes effect upon becoming a law, the public welfare requiring it. |
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