Tennessee 2025-2026 Regular Session

Tennessee Senate Bill SB1378 Compare Versions

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

Old	New	Differences
1	1
2	2	HOUSE BILL 1238
3	3	By Haston
4	4
5	5	SENATE BILL 1378
6	6	By Watson
7	7
8	8
9	9	SB1378
10	10	002175
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13	13	AN ACT to amend Tennessee Code Annotated, Title 4 and
14	14	Title 49, relative to the division of early child care
15	15	and education in the department of education.
16	16
17	17	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
18	18	SECTION 1. Tennessee Code Annotated, Title 49, Chapter 1, Part 2, is amended by
19	19	adding the following as a new section:
20	20	(a) As used in this section, "department" means the department of education.
21	21	(b)
22	22	(1) There is created in the department a division to be known as the
23	23	division of early child care and education. The division must be created no later
24	24	than December 31, 2026.
25	25	(2) The commissioner shall appoint the director of the division. The
26	26	director of the division reports directly to the commissioner.
27	27	(3) The division has administrative responsibility for:
28	28	(A) All child care and early educational services as defined in part
29	29	11 of this chapter; chapter 6, of this title; and title 71, chapter 3, part 5 that
30	30	are funded through state or federal monies, including, but not limited to:
31	31	(i) The Child Care and Development Block Grant Act (42
32	32	U.S.C. § 9858 et seq.) and Child Care and Development Fund (45
33	33	CFR Part 98);
34	34	(ii) The voluntary pre-kindergarten program;
35	35	(iii) The Individuals with Disabilities Education Act (20
36	36	U.S.C. § 1400 et seq.) for children before kindergarten;
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41	41	(iv) Head Start programs in this state; and
42	42	(v) Programs that are funded through the preschool
43	43	development grant (§ 9212(c)(1) of the Every Student Succeeds
44	44	Act, Pub. L. No. 114-95); and
45	45	(B) A unified early child care and education system that includes,
46	46	but is not limited to:
47	47	(i) A uniform child care licensing and regulatory system
48	48	that:
49	49	(a) Protects child health and safety, but otherwise
50	50	prioritizes reducing regulatory burdens and simplifying
51	51	processes for early childhood care and education
52	52	providers;
53	53	(b) Aligns rules for all child care and early learning
54	54	programs operated in pre-kindergarten through grade
55	55	twelve (pre-K-12) schools by non-school entities with the
56	56	department's requirements for such programs run by the
57	57	schools themselves, so long as the alignment does not
58	58	prevent the programs from receiving federal child care
59	59	funds; and
60	60	(c) Incorporates a process for supporting safe and
61	61	healthy child care and education in programs that exist
62	62	outside of standard licensing requirements;
63	63	(ii) A uniform accountability and quality rating and
64	64	improvement system for publicly funded early child care and
65	65	education programs that includes, but is not limited to:
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67	67
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70	70	(a) Quality ratings predictive of child learning;
71	71	(b) Measurement methods and instruments for
72	72	high-quality instruction that include, but are not limited to, a
73	73	tested and proven, evidence-based observational
74	74	instrument that assesses classroom quality, that includes
75	75	assessing multiple dimensions of teacher-child interactions
76	76	that are linked to positive child development, early
77	77	language and literacy skills, and later achievement;
78	78	(c) A definition of kindergarten-readiness aligned
79	79	with the state's early learning and development standards
80	80	and the standards for elementary and secondary schools;
81	81	and
82	82	(d) Quality improvement supports;
83	83	(iii) Mechanisms, such as community planning grants, to
84	84	engage local communities in creating solutions that best meet
85	85	their communities' unique early care and education needs;
86	86	(iv) An advisory council comprised of providers of early
87	87	childhood care and education programs to help ensure the early
88	88	child care and education system protects child health and safety
89	89	but otherwise prioritizes reducing regulatory burdens and
90	90	simplifying regulatory processes for early childhood care and
91	91	education providers; and
92	92	(v) Mechanisms, such as surveys, for regular feedback
93	93	from parents whose children participate in programs that are part
94	94	of the unified early childhood care and education system.
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96	96
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98	98
99	99	(c)
100	100	(1) The department shall establish a two-part transition plan to establish
101	101	the division of early child education and the unified early care and education
102	102	system.
103	103	(2)
104	104	(A) To support the department in creating a transition plan
105	105	pursuant to subdivision (c)(1), a transition advisory council is established
106	106	to advise the department. The council must be staffed by persons within
107	107	the department. The council shall convene no later than July 15, 2025,
108	108	and meet at least monthly through December 2026. The council consists
109	109	of the following members:
110	110	(i) The state's chief operating officer or the chief operating
111	111	officer's designee;
112	112	(ii) One (1) nongovernment person with expertise in early
113	113	child care and education, appointed by the governor;
114	114	(iii) One (1) nongovernment person with expertise in early
115	115	child care and education, appointed by the speaker of the senate;
116	116	(iv) One (1) nongovernment person with expertise in early
117	117	child care and education, appointed by the speaker of the house
118	118	of representatives;
119	119	(v) The commissioner of education or the commissioner's
120	120	designee;
121	121	(vi) The commissioner of human services or the
122	122	commissioner's designee;
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124	124
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127	127	(vii) The state's Individuals with Disabilities Education Act
128	128	(20 U.S.C. §§ 1400–1485 Part B-619) coordinator; and
129	129	(viii) The director of the Tennessee Head Start
130	130	collaboration office.
131	131	(B) The members appointed under subdivisions (b)(2)(A)(v)-(vii)
132	132	serve as ex officio nonvoting members.
133	133	(3) The transition advisory council shall advise the department in
134	134	developing a two-part transition plan to:
135	135	(A) Develop and recommend a first phase of the transition plan to
136	136	the governor for his approval no later than January 1, 2026. The first
137	137	phase must include a plan to establish the division of early childhood care
138	138	and education within the department, with such plan to include specific
139	139	details regarding:
140	140	(i) Division staffing;
141	141	(ii) Timelines for completion;
142	142	(iii) Budgetary items;
143	143	(iv) Technology requirements;
144	144	(v) A cooperative endeavor agreement between the
145	145	department and the department of human services that specifies
146	146	the details and terms necessary for the transfer of lead agency
147	147	authority for the Child Care and Development Fund (42 U.S.C. §
148	148	618) and responsibility for relevant programs, services, and
149	149	contracts from the department of human services to the
150	150	department. The transfer must include a continuation of contracts
151	151	with existing partners, including, but not limited to, state child care
152	152
153	153
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156	156	resource and referral centers, the Tennessee Early Childhood
157	157	Training Alliance, the Association of Infant Mental Health in
158	158	Tennessee, and Community Foundation of Middle TN; and
159	159	(vi) Any interdepartmental memorandums of understanding
160	160	created to ensure there is no disruption to the programs and
161	161	services during the transition; and
162	162	(B) Develop and recommend a second phase of the transition
163	163	plan to the governor for his approval no later than October 1, 2026. The
164	164	second phase must include a plan to establish the unified early childhood
165	165	care and education system, with such plan to include processes and
166	166	timelines to be approved by the general assembly.
167	167	(4)
168	168	(A) The department shall employ a contractor by July 1, 2025, to:
169	169	(i) Lead the department and the transition advisory council
170	170	in the development of the two-part transition plan; and
171	171	(ii) Support the department's implementation of the
172	172	transition plan.
173	173	(B) The contractor must have extensive and recent experience
174	174	and expertise in guiding and overseeing the merging of state early care
175	175	and education governance into a state department of education.
176	176	(5) The department shall require the contractor to include a process for
177	177	input from stakeholders in transition planning for the unified early childhood care
178	178	and education system, with such input to include the creation of a working group
179	179	of fifteen (15) early childhood care and education providers selected by the
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184	184	department to advise on the creation of the system, and other processes for
185	185	stakeholder input.
186	186	(6)
187	187	(A) The department shall submit the first phase of the written
188	188	transition plan to the governor for approval no later than January 1, 2026,
189	189	and the second phase of the plan to the governor no later than October 1,
190	190	2026.
191	191	(B) The governor shall submit the approved plan to the following
192	192	no later than January 15, 2026:
193	193	(i) The speaker of the senate;
194	194	(ii) The speaker of the house of representatives;
195	195	(iii) The senate education committee; and
196	196	(iv) The committee of the house of representatives with
197	197	jurisdiction over subject matters pertaining to education.
198	198	(7) The department shall implement the first phase of the transition plan
199	199	no later than December 31, 2026, and the second phase of the plan no later than
200	200	July 1, 2027.
201	201	(d) Beginning January 1, 2027, the division of early childhood education shall:
202	202	(1) Create and publish a strategic plan for the unified early childhood
203	203	care and education system, with input from local communities, providers, and
204	204	parents in accordance with goals that include, but are not limited to:
205	205	(A) Affordable, accessible options and family choice;
206	206	(B) Positive early learning outcomes; and
207	207	(C) Efficient and user-friendly systems; and
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212	212	(2) Submit a report by October 30 of each year to the general assembly
213	213	on the progress made in creating and maintaining the strategic plan. The annual
214	214	report must include any challenges to achieving such goals and recommended
215	215	actions for how to address the challenges.
216	216	SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.