1 | 1 | | BILL AS INTRODUCED H.182 |
---|
2 | 2 | | 2025 Page 1 of 13 |
---|
3 | 3 | | |
---|
4 | 4 | | |
---|
5 | 5 | | VT LEG #379294 v.3 |
---|
6 | 6 | | H.182 1 |
---|
7 | 7 | | Introduced by Representatives Birong of Vergennes, Boyden of Cambridge, 2 |
---|
8 | 8 | | Noyes of Wolcott, and Nugent of South Burlington 3 |
---|
9 | 9 | | Referred to Committee on 4 |
---|
10 | 10 | | Date: 5 |
---|
11 | 11 | | Subject: Human services; professional regulation; early childhood education; 6 |
---|
12 | 12 | | early childhood educators; licensure 7 |
---|
13 | 13 | | Statement of purpose of bill as introduced: This bill proposes to require the 8 |
---|
14 | 14 | | licensure of early childhood educators. 9 |
---|
15 | 15 | | An act relating to the licensure of early childhood educators 10 |
---|
16 | 16 | | It is hereby enacted by the General Assembly of the State of Vermont: 11 |
---|
17 | 17 | | Sec. 1. 3 V.S.A. § 122 is amended to read: 12 |
---|
18 | 18 | | § 122. OFFICE OF PROFESSIONAL REGULATION 13 |
---|
19 | 19 | | The Office of Professional Regulation is created within the Office of the 14 |
---|
20 | 20 | | Secretary of State. The Office shall have a director who shall be qualified by 15 |
---|
21 | 21 | | education and professional experience to perform the duties of the position. 16 |
---|
22 | 22 | | The Director of the Office of Professional Regulation shall be a classified 17 |
---|
23 | 23 | | position with the Office of the Secretary of State. The following boards or 18 |
---|
24 | 24 | | professions are attached to the Office of Professional Regulation: 19 |
---|
25 | 25 | | (1) Board of Architects 20 BILL AS INTRODUCED H.182 |
---|
26 | 26 | | 2025 Page 2 of 13 |
---|
27 | 27 | | |
---|
28 | 28 | | |
---|
29 | 29 | | VT LEG #379294 v.3 |
---|
30 | 30 | | * * * 1 |
---|
31 | 31 | | (53) Peer Recovery Support Specialists 2 |
---|
32 | 32 | | (54) Early Childhood Educators 3 |
---|
33 | 33 | | Sec. 2. 26 V.S.A. chapter 111 is added to read: 4 |
---|
34 | 34 | | CHAPTER 111. EARLY CHILDHOOD EDUCATORS 5 |
---|
35 | 35 | | § 6211. CREATION OF BOARD 6 |
---|
36 | 36 | | (a) The Vermont Board of Early Childhood Educators is created. 7 |
---|
37 | 37 | | (b) The Board shall consist of nine members appointed for five-year terms 8 |
---|
38 | 38 | | by the Governor pursuant to 3 V.S.A. §§ 129b and 2004 as follows: three 9 |
---|
39 | 39 | | public members and two each of individuals licensed as an Early Childhood 10 |
---|
40 | 40 | | Educator I, Early Childhood Educator II, and Early Childhood Educator III 11 |
---|
41 | 41 | | pursuant to this chapter. All members shall be Vermont residents. The 12 |
---|
42 | 42 | | members who are early childhood educators shall have been in active practice 13 |
---|
43 | 43 | | in Vermont for not less than the preceding three years and shall be in active 14 |
---|
44 | 44 | | practice during their incumbency. The public members shall be persons who 15 |
---|
45 | 45 | | have no financial interest personally or through a spouse, parent, child, or 16 |
---|
46 | 46 | | sibling in the activities regulated under this chapter, other than as consumers or 17 |
---|
47 | 47 | | possible consumers of its services. Appointments shall be made without 18 |
---|
48 | 48 | | regard to political affiliation and on the basis of integrity and demonstrated 19 |
---|
49 | 49 | | ability. 20 |
---|
50 | 50 | | (c) Vacancies shall be filled in the same manner as initial appointments. 21 BILL AS INTRODUCED H.182 |
---|
51 | 51 | | 2025 Page 3 of 13 |
---|
52 | 52 | | |
---|
53 | 53 | | |
---|
54 | 54 | | VT LEG #379294 v.3 |
---|
55 | 55 | | (d) Board members shall not serve more than two consecutive terms. 1 |
---|
56 | 56 | | § 6212. BOARD PROCEDURES 2 |
---|
57 | 57 | | (a) Annually, the Board shall meet to elect a chair, vice chair, and a 3 |
---|
58 | 58 | | secretary. 4 |
---|
59 | 59 | | (b) Meetings shall be warned and conducted in accordance with 1 V.S.A. 5 |
---|
60 | 60 | | chapter 5. 6 |
---|
61 | 61 | | (d) A majority of the members of the Board shall constitute a quorum. 7 |
---|
62 | 62 | | (e) All business may be transacted by a majority vote of the members 8 |
---|
63 | 63 | | present and voting, unless otherwise provided by statute. 9 |
---|
64 | 64 | | § 6213. POWERS AND DUTIES OF THE BOARD 10 |
---|
65 | 65 | | (a) The Board shall: 11 |
---|
66 | 66 | | (1) adopt rules, pursuant to 3 V.S.A. chapter 25, that are necessary for 12 |
---|
67 | 67 | | the performance of its duties in accordance with this chapter, including 13 |
---|
68 | 68 | | activities that must be completed by an applicant in order to fulfill the 14 |
---|
69 | 69 | | educational and experiential requirements established by this chapter; 15 |
---|
70 | 70 | | (2) provide general information to applicants for licensure as early 16 |
---|
71 | 71 | | childhood educators; 17 |
---|
72 | 72 | | (3) explain appeal procedures to licensees and applicants and complaint 18 |
---|
73 | 73 | | procedures to the public; and 19 |
---|
74 | 74 | | (4) use the administrative and legal services provided by the Office of 20 |
---|
75 | 75 | | Professional Regulation under 3 V.S.A. chapter 5. 21 BILL AS INTRODUCED H.182 |
---|
76 | 76 | | 2025 Page 4 of 13 |
---|
77 | 77 | | |
---|
78 | 78 | | |
---|
79 | 79 | | VT LEG #379294 v.3 |
---|
80 | 80 | | (b) The Board may conduct hearings as provided in 3 V.S.A. chapter 5. 1 |
---|
81 | 81 | | Sec. 3. 26 V.S.A. chapter 111 is amended to read: 2 |
---|
82 | 82 | | CHAPTER 111. EARLY CHILDHOOD EDUCATORS 3 |
---|
83 | 83 | | Subchapter 1. General Provisions 4 |
---|
84 | 84 | | § 6201. DEFINITIONS 5 |
---|
85 | 85 | | As used in this chapter: 6 |
---|
86 | 86 | | (1) “Board” means the Vermont Board of Early Childhood Educators. 7 |
---|
87 | 87 | | (2) “Early childhood educator” means an individual licensed to provide 8 |
---|
88 | 88 | | early childhood education pursuant to section 6202 of this section. 9 |
---|
89 | 89 | | (3) “Guidance” means direct or indirect consultative support in which an 10 |
---|
90 | 90 | | Early Childhood Educator III provides feedback to an Early Childhood 11 |
---|
91 | 91 | | Educator II. 12 |
---|
92 | 92 | | (4) “Supervision” means on-site, direct oversight in which an Early 13 |
---|
93 | 93 | | Childhood Educator II or III observes the practice of an Early Childhood 14 |
---|
94 | 94 | | Educator I and provides feedback, support, and direction to an Early Childhood 15 |
---|
95 | 95 | | Educator I. 16 |
---|
96 | 96 | | § 6202. SCOPE OF PRACTICE 17 |
---|
97 | 97 | | (a)(1) An early childhood educator licensed pursuant to this chapter shall 18 |
---|
98 | 98 | | provide care and educational instruction to children from birth through eight 19 |
---|
99 | 99 | | years of age in a variety of settings, including: 20 BILL AS INTRODUCED H.182 |
---|
100 | 100 | | 2025 Page 5 of 13 |
---|
101 | 101 | | |
---|
102 | 102 | | |
---|
103 | 103 | | VT LEG #379294 v.3 |
---|
104 | 104 | | (A) planning and implementing intentional, developmentally 1 |
---|
105 | 105 | | appropriate learning experiences that promote the social-emotional, physical, 2 |
---|
106 | 106 | | language, and cognitive development and health of each child served; 3 |
---|
107 | 107 | | (B) establishing and maintaining a safe, caring, inclusive, and healthy 4 |
---|
108 | 108 | | learning environment; 5 |
---|
109 | 109 | | (C) observing, documenting, and assessing children’s learning and 6 |
---|
110 | 110 | | development; 7 |
---|
111 | 111 | | (D) developing reciprocal, culturally responsive relationships with 8 |
---|
112 | 112 | | families and communities; and 9 |
---|
113 | 113 | | (E) engaging in reflective practice and continuous learning. 10 |
---|
114 | 114 | | (2) An early childhood educator pursuant to this chapter does not 11 |
---|
115 | 115 | | include exempt teachers licensed under 16 V.S.A. chapter 51 by the Agency of 12 |
---|
116 | 116 | | Education with an early childhood endorsement, as provided in section 6204 of 13 |
---|
117 | 117 | | this chapter. 14 |
---|
118 | 118 | | (b) An early childhood educator licensed shall have the following 15 |
---|
119 | 119 | | responsibilities as determined by license type: 16 |
---|
120 | 120 | | (1) Early Childhood Educator I shall be authorized to serve on an early 17 |
---|
121 | 121 | | childhood education team for children birth through eight years of age in any 18 |
---|
122 | 122 | | setting under the supervision of an Early Childhood Educator II or III or 19 |
---|
123 | 123 | | teacher licensed under 16 V.S.A. chapter 51 by the Agency of Education with 20 |
---|
124 | 124 | | an early childhood education endorsement. 21 BILL AS INTRODUCED H.182 |
---|
125 | 125 | | 2025 Page 6 of 13 |
---|
126 | 126 | | |
---|
127 | 127 | | |
---|
128 | 128 | | VT LEG #379294 v.3 |
---|
129 | 129 | | (2) Early Childhood Educator II, in addition to the responsibilities and 1 |
---|
130 | 130 | | authorities of an Early Childhood Educator I, shall be authorized to: 2 |
---|
131 | 131 | | (A) in a nonpublic education setting for children from birth through 3 |
---|
132 | 132 | | five years of age, serve in a lead educator role in a family child care home as 4 |
---|
133 | 133 | | defined in 33 V.S.A. § 3511 or a center-based child care and preschool 5 |
---|
134 | 134 | | program as defined by the Department for Children and Families in rule, 6 |
---|
135 | 135 | | providing supervision to individuals licensed as an Early Childhood Educator I 7 |
---|
136 | 136 | | and receiving guidance from individuals licensed as an Early Childhood 8 |
---|
137 | 137 | | Educator III; or 9 |
---|
138 | 138 | | (B) in a public education setting for children in prekindergarten 10 |
---|
139 | 139 | | through grade three, serve in a support role. 11 |
---|
140 | 140 | | (3) Early Childhood Educator III, in addition to the responsibilities and 12 |
---|
141 | 141 | | authorities of an Early Childhood Educator I and II, shall be authorized to: 13 |
---|
142 | 142 | | (A) in a nonpublic education setting for children from birth through 14 |
---|
143 | 143 | | eight years of age, serve in a lead educator role in a family child care home as 15 |
---|
144 | 144 | | defined in 33 V.S.A. § 3511 or a center-based child care and preschool 16 |
---|
145 | 145 | | program as defined by the Department for Children and Families in rule, 17 |
---|
146 | 146 | | providing supervision to individuals licensed as an Early Childhood Educator I 18 |
---|
147 | 147 | | and guidance to individuals licensed as an Early Childhood Educator II; or 19 |
---|
148 | 148 | | (B) in a public education setting for children in prekindergarten 20 |
---|
149 | 149 | | through grade three, serve in a support role. 21 BILL AS INTRODUCED H.182 |
---|
150 | 150 | | 2025 Page 7 of 13 |
---|
151 | 151 | | |
---|
152 | 152 | | |
---|
153 | 153 | | VT LEG #379294 v.3 |
---|
154 | 154 | | (c) An early childhood educator licensed pursuant to this chapter shall 1 |
---|
155 | 155 | | serve in a supporting role in the provision of prekindergarten services provided 2 |
---|
156 | 156 | | in accordance with 16 V.S.A. § 829. 3 |
---|
157 | 157 | | § 6203. PROHIBITIONS 4 |
---|
158 | 158 | | (a) An individual shall not hold themselves out as an early childhood 5 |
---|
159 | 159 | | educator in this State unless the individual is licensed under this chapter or 6 |
---|
160 | 160 | | exempt from this chapter pursuant to section 6204 of this chapter. 7 |
---|
161 | 161 | | (b) An individual shall not use in connection with the individual’s name 8 |
---|
162 | 162 | | any letters, words, or insignia indicating that the individual is an early 9 |
---|
163 | 163 | | childhood educator unless the individual is licensed under this chapter or 10 |
---|
164 | 164 | | exempt from this chapter pursuant to section 6204 of this chapter. 11 |
---|
165 | 165 | | § 6204. EXEMPTIONS 12 |
---|
166 | 166 | | (a) The provisions of this chapter shall not apply to the following persons 13 |
---|
167 | 167 | | acting within the scope of their respective professional practices: 14 |
---|
168 | 168 | | (1) a teacher licensed under 16 V.S.A. chapter 51 by the Agency of 15 |
---|
169 | 169 | | Education with an early childhood education endorsement; and 16 |
---|
170 | 170 | | (2) an individual who provides consultation services in this State, 17 |
---|
171 | 171 | | performs research, or participates in or instructs regular or continuing 18 |
---|
172 | 172 | | education courses, provided the individual does not otherwise practice in this 19 |
---|
173 | 173 | | State. 20 BILL AS INTRODUCED H.182 |
---|
174 | 174 | | 2025 Page 8 of 13 |
---|
175 | 175 | | |
---|
176 | 176 | | |
---|
177 | 177 | | VT LEG #379294 v.3 |
---|
178 | 178 | | (b) This chapter shall not be construed to limit or restrict in any manner the 1 |
---|
179 | 179 | | right of a practitioner of another profession or occupation from carrying on in 2 |
---|
180 | 180 | | the usual manner any of the functions incidental to that profession or 3 |
---|
181 | 181 | | occupation. 4 |
---|
182 | 182 | | Subchapter 2. Board of Early Childhood Educators 5 |
---|
183 | 183 | | * * * 6 |
---|
184 | 184 | | Subchapter 3. Licensure Requirements 7 |
---|
185 | 185 | | § 6221. QUALIFICATIONS 8 |
---|
186 | 186 | | (a) To qualify for licensure as an early childhood educator in this State, an 9 |
---|
187 | 187 | | applicant shall have attained the age of majority and shall have a high school 10 |
---|
188 | 188 | | diploma or successful completion of a General Education Development (GED) 11 |
---|
189 | 189 | | test or an equivalent credential. An applicant shall have additional education 12 |
---|
190 | 190 | | and experience in accordance with this subsection for each of the following 13 |
---|
191 | 191 | | license types: 14 |
---|
192 | 192 | | (1) Early Childhood Educator I shall have completed an approved 15 |
---|
193 | 193 | | certificate or credential program in early childhood education requiring a 16 |
---|
194 | 194 | | minimum of 120 hours and field experience. 17 |
---|
195 | 195 | | (2) Early Childhood Educator II shall have completed an approved 18 |
---|
196 | 196 | | associate’s degree program in early childhood education: 19 |
---|
197 | 197 | | (A) requiring a minimum of 60 college credits and field experience; 20 |
---|
198 | 198 | | and 21 BILL AS INTRODUCED H.182 |
---|
199 | 199 | | 2025 Page 9 of 13 |
---|
200 | 200 | | |
---|
201 | 201 | | |
---|
202 | 202 | | VT LEG #379294 v.3 |
---|
203 | 203 | | (B) offering college credit based upon an assessment of the 1 |
---|
204 | 204 | | individual’s competencies acquired through experience working in the 2 |
---|
205 | 205 | | profession. 3 |
---|
206 | 206 | | (3) Early Childhood Educator III shall have completed an approved 4 |
---|
207 | 207 | | bachelor’s degree program in early childhood education requiring a minimum 5 |
---|
208 | 208 | | of 120 college credits and field experience. 6 |
---|
209 | 209 | | (b) In addition to the requirements of subsection (a) of this section, 7 |
---|
210 | 210 | | applicants shall pass any examination that may be required by rule. 8 |
---|
211 | 211 | | § 6222. LICENSE RENEWAL 9 |
---|
212 | 212 | | (a) Licenses shall be renewed every two years upon application and 10 |
---|
213 | 213 | | payment of the required fee. Failure to comply with the provisions of this 11 |
---|
214 | 214 | | section shall result in suspension of all privileges granted by the license 12 |
---|
215 | 215 | | beginning on the expiration date of the license. A license that has lapsed shall 13 |
---|
216 | 216 | | be reinstated upon payment of the biennial renewal fee and the late renewal 14 |
---|
217 | 217 | | penalty pursuant to 3 V.S.A. § 127. 15 |
---|
218 | 218 | | (b) The Board may adopt rules necessary for the protection of the public to 16 |
---|
219 | 219 | | assure the Board that an applicant whose license has lapsed for more than five 17 |
---|
220 | 220 | | years is professionally qualified before reinstatement may occur. Conditions 18 |
---|
221 | 221 | | imposed under this subsection shall be in addition to the requirements of 19 |
---|
222 | 222 | | subsection (a) of this section. 20 BILL AS INTRODUCED H.182 |
---|
223 | 223 | | 2025 Page 10 of 13 |
---|
224 | 224 | | |
---|
225 | 225 | | |
---|
226 | 226 | | VT LEG #379294 v.3 |
---|
227 | 227 | | (c) In addition to the provisions of subsection (a) of this section, an 1 |
---|
228 | 228 | | applicant for renewal shall have satisfactorily completed continuing education 2 |
---|
229 | 229 | | as required by the Board. For purposes of this subsection, the Board may 3 |
---|
230 | 230 | | require, by rule, not more than 24 hours of approved continuing education as a 4 |
---|
231 | 231 | | condition of renewal. 5 |
---|
232 | 232 | | § 6223. FEES 6 |
---|
233 | 233 | | Applicants and persons regulated under this chapter shall pay the following 7 |
---|
234 | 234 | | fees: 8 |
---|
235 | 235 | | (1) Early Childhood Educator I: 9 |
---|
236 | 236 | | (A) Application for initial license, $125.00. 10 |
---|
237 | 237 | | (B) Biennial renewal, $225.00. 11 |
---|
238 | 238 | | (2) Early Childhood Educator II: 12 |
---|
239 | 239 | | (A) Application for initial license, $175.00. 13 |
---|
240 | 240 | | (B) Biennial renewal, $250.00. 14 |
---|
241 | 241 | | (3) Early Childhood Educator III: 15 |
---|
242 | 242 | | (A) Application for initial license, $225.00. 16 |
---|
243 | 243 | | (B) Biennial renewal, $275.00. 17 |
---|
244 | 244 | | § 6224. UNPROFESSIONAL CONDUCT 18 |
---|
245 | 245 | | As used in this chapter, unprofessional conduct means: 19 BILL AS INTRODUCED H.182 |
---|
246 | 246 | | 2025 Page 11 of 13 |
---|
247 | 247 | | |
---|
248 | 248 | | |
---|
249 | 249 | | VT LEG #379294 v.3 |
---|
250 | 250 | | (1) conduct prohibited by this section, by 3 V.S.A. § 129a, or by other 1 |
---|
251 | 251 | | statutes relating to early childhood education, whether or not that conduct is by 2 |
---|
252 | 252 | | a licensee, an applicant, or an individual who later becomes an applicant; or 3 |
---|
253 | 253 | | (2) conduct that results in a licensee, applicant, or an individual who 4 |
---|
254 | 254 | | later becomes an applicant being placed on the Child Protection Registry 5 |
---|
255 | 255 | | pursuant to 33 V.S.A. chapter 49. 6 |
---|
256 | 256 | | § 6225. VARIANCES; TRANSITIONAL LICENSURE 7 |
---|
257 | 257 | | (a) The Board shall issue a transitional Early Childhood Educator II and III 8 |
---|
258 | 258 | | license to a teacher or director operating a registered or licensed family child 9 |
---|
259 | 259 | | care home or licensed center-based child care and preschool program and who 10 |
---|
260 | 260 | | does not meet the educational and experiential licensure requirements in this 11 |
---|
261 | 261 | | chapter. Transitional licenses shall be valid for a two-year period and shall be 12 |
---|
262 | 262 | | renewed by the Board for an additional two-year period with satisfactory 13 |
---|
263 | 263 | | supporting documentation of the individual’s ongoing work to obtain the 14 |
---|
264 | 264 | | required educational and experiential qualifications for licensure under this 15 |
---|
265 | 265 | | chapter. 16 |
---|
266 | 266 | | (b) At the conclusion of two two-year transitional licensure periods, the 17 |
---|
267 | 267 | | Board, at its discretion, may issue one final two-year transitional license if the 18 |
---|
268 | 268 | | licensee can demonstrate extenuating circumstances for not having attained the 19 |
---|
269 | 269 | | educational and experiential requirements in this chapter and ongoing work to 20 |
---|
270 | 270 | | attain these requirements. 21 BILL AS INTRODUCED H.182 |
---|
271 | 271 | | 2025 Page 12 of 13 |
---|
272 | 272 | | |
---|
273 | 273 | | |
---|
274 | 274 | | VT LEG #379294 v.3 |
---|
275 | 275 | | Sec. 4. REPEAL; TRANSITIONAL LICENSE 1 |
---|
276 | 276 | | 26 V.S.A. § 6225 (variances; transitional licensure) is repealed on July 1, 2 |
---|
277 | 277 | | 2033. 3 |
---|
278 | 278 | | Sec. 5. 33 V.S.A. § 3511 is amended to read: 4 |
---|
279 | 279 | | § 3511. DEFINITIONS 5 |
---|
280 | 280 | | As used in this chapter: 6 |
---|
281 | 281 | | * * * 7 |
---|
282 | 282 | | (3) “Child care provider” means a person program licensed or registered 8 |
---|
283 | 283 | | by the Department for Children and Families, or authorized by the Department, 9 |
---|
284 | 284 | | to provide child care. 10 |
---|
285 | 285 | | * * * 11 |
---|
286 | 286 | | Sec. 6. OFFICE OF PROFESSIONAL REGULATION; LICENSURE OF 12 |
---|
287 | 287 | | EARLY CHILDHOOD EDUCATORS; APPROPRIATION 13 |
---|
288 | 288 | | (a) The establishment of the following five new permanent positions is 14 |
---|
289 | 289 | | authorized in the Office of Professional Regulation in fiscal year 2027: 15 |
---|
290 | 290 | | (1) one full-time, classified executive officer for the Vermont Board of 16 |
---|
291 | 291 | | Early Childhood Educators; 17 |
---|
292 | 292 | | (2) one full-time, classified licensing staff; 18 |
---|
293 | 293 | | (3) one full-time, classified enforcement staff; 19 |
---|
294 | 294 | | (4) one full-time, exempt general counsel; and 20 |
---|
295 | 295 | | (5) one full-time, classified administrative staff. 21 BILL AS INTRODUCED H.182 |
---|
296 | 296 | | 2025 Page 13 of 13 |
---|
297 | 297 | | |
---|
298 | 298 | | |
---|
299 | 299 | | VT LEG #379294 v.3 |
---|
300 | 300 | | (b) In fiscal year 2026, the amount of $1,400,000.00 is appropriated from 1 |
---|
301 | 301 | | the General Fund to the Office of Professional Regulation to be used for the 2 |
---|
302 | 302 | | licensure of early childhood educators in accordance with this act. 3 |
---|
303 | 303 | | Sec. 7. EFFECTIVE DATES 4 |
---|
304 | 304 | | (a) This section, Sec. 1 (Office of Professional Regulation), Sec. 2 5 |
---|
305 | 305 | | (Vermont Board of Early Childhood Educators), and Sec. 6 (Office of 6 |
---|
306 | 306 | | Professional Regulation; licensure of early childhood educators; appropriation) 7 |
---|
307 | 307 | | shall take effect on July 1, 2025. 8 |
---|
308 | 308 | | (b) Sec. 3 (early childhood educators), Sec. 4 (repeal; transitional license), 9 |
---|
309 | 309 | | and Sec. 5 (definitions) shall take effect on July 1, 2027. 10 |
---|