Vermont 2025-2026 Regular Session

Vermont House Bill H0182 Latest Draft

Bill / Introduced Version Filed 02/10/2025

                            BILL AS INTRODUCED 	H.182 
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VT LEG #379294 v.3 
H.182 1 
Introduced by Representatives Birong of Vergennes, Boyden of Cambridge, 2 
Noyes of Wolcott, and Nugent of South Burlington 3 
Referred to Committee on  4 
Date:  5 
Subject: Human services; professional regulation; early childhood education; 6 
early childhood educators; licensure 7 
Statement of purpose of bill as introduced:  This bill proposes to require the 8 
licensure of early childhood educators.  9 
An act relating to the licensure of early childhood educators 10 
It is hereby enacted by the General Assembly of the State of Vermont:  11 
Sec. 1.  3 V.S.A. § 122 is amended to read: 12 
§ 122.  OFFICE OF PROFESSIONAL REGULATION 13 
The Office of Professional Regulation is created within the Office of the 14 
Secretary of State.  The Office shall have a director who shall be qualified by 15 
education and professional experience to perform the duties of the position. 16 
The Director of the Office of Professional Regulation shall be a classified 17 
position with the Office of the Secretary of State.  The following boards or 18 
professions are attached to the Office of Professional Regulation: 19 
(1)  Board of Architects 20  BILL AS INTRODUCED 	H.182 
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VT LEG #379294 v.3 
* * * 1 
(53)  Peer Recovery Support Specialists  2 
(54)  Early Childhood Educators 3 
Sec. 2. 26 V.S.A. chapter 111 is added to read: 4 
CHAPTER 111.  EARLY CHILDHOOD EDUCATORS 5 
§ 6211.  CREATION OF BOARD 6 
(a)  The Vermont Board of Early Childhood Educators is created.  7 
(b)  The Board shall consist of nine members appointed for five-year terms 8 
by the Governor pursuant to 3 V.S.A. §§ 129b and 2004 as follows:  three 9 
public members and two each of individuals licensed as an Early Childhood 10 
Educator I, Early Childhood Educator II, and Early Childhood Educator III 11 
pursuant to this chapter.  All members shall be Vermont residents.  The 12 
members who are early childhood educators shall have been in active practice 13 
in Vermont for not less than the preceding three years and shall be in active 14 
practice during their incumbency.  The public members shall be persons who 15 
have no financial interest personally or through a spouse, parent, child, or 16 
sibling in the activities regulated under this chapter, other than as consumers or 17 
possible consumers of its services.  Appointments shall be made without 18 
regard to political affiliation and on the basis of integrity and demonstrated 19 
ability.  20 
(c)  Vacancies shall be filled in the same manner as initial appointments.  21  BILL AS INTRODUCED 	H.182 
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(d) Board members shall not serve more than two consecutive terms.  1 
§ 6212.  BOARD PROCEDURES 2 
(a)  Annually, the Board shall meet to elect a chair, vice chair, and a 3 
secretary. 4 
(b)  Meetings shall be warned and conducted in accordance with 1 V.S.A. 5 
chapter 5. 6 
(d)  A majority of the members of the Board shall constitute a quorum. 7 
(e)  All business may be transacted by a majority vote of the members 8 
present and voting, unless otherwise provided by statute. 9 
§ 6213.  POWERS AND DUTIES OF THE BOARD 10 
(a)  The Board shall: 11 
(1)  adopt rules, pursuant to 3 V.S.A. chapter 25, that are necessary for 12 
the performance of its duties in accordance with this chapter, including 13 
activities that must be completed by an applicant in order to fulfill the 14 
educational and experiential requirements established by this chapter; 15 
(2)  provide general information to applicants for licensure as early 16 
childhood educators; 17 
(3)  explain appeal procedures to licensees and applicants and complaint 18 
procedures to the public; and 19 
(4)  use the administrative and legal services provided by the Office of 20 
Professional Regulation under 3 V.S.A. chapter 5.  21  BILL AS INTRODUCED 	H.182 
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(b)  The Board may conduct hearings as provided in 3 V.S.A. chapter 5. 1 
Sec. 3.  26 V.S.A. chapter 111 is amended to read: 2 
CHAPTER 111.  EARLY CHILDHOOD EDUCATORS 3 
Subchapter 1.  General Provisions 4 
§ 6201.  DEFINITIONS 5 
As used in this chapter:  6 
(1)  “Board” means the Vermont Board of Early Childhood Educators. 7 
(2)  “Early childhood educator” means an individual licensed to provide 8 
early childhood education pursuant to section 6202 of this section. 9 
(3)  “Guidance” means direct or indirect consultative support in which an 10 
Early Childhood Educator III provides feedback to an Early Childhood 11 
Educator II. 12 
(4)  “Supervision” means on-site, direct oversight in which an Early 13 
Childhood Educator II or III observes the practice of an Early Childhood 14 
Educator I and provides feedback, support, and direction to an Early Childhood 15 
Educator I.  16 
§ 6202.  SCOPE OF PRACTICE 17 
(a)(1)  An early childhood educator licensed pursuant to this chapter shall 18 
provide care and educational instruction to children from birth through eight 19 
years of age in a variety of settings, including: 20  BILL AS INTRODUCED 	H.182 
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(A)  planning and implementing intentional, developmentally 1 
appropriate learning experiences that promote the social-emotional, physical, 2 
language, and cognitive development and health of each child served; 3 
(B)  establishing and maintaining a safe, caring, inclusive, and healthy 4 
learning environment; 5 
(C)  observing, documenting, and assessing children’s learning and 6 
development; 7 
(D)  developing reciprocal, culturally responsive relationships with 8 
families and communities; and  9 
(E)  engaging in reflective practice and continuous learning. 10 
(2)  An early childhood educator pursuant to this chapter does not 11 
include exempt teachers licensed under 16 V.S.A. chapter 51 by the Agency of 12 
Education with an early childhood endorsement, as provided in section 6204 of 13 
this chapter. 14 
(b)  An early childhood educator licensed shall have the following 15 
responsibilities as determined by license type: 16 
(1)  Early Childhood Educator I shall be authorized to serve on an early 17 
childhood education team for children birth through eight years of age in any 18 
setting under the supervision of an Early Childhood Educator II or III or 19 
teacher licensed under 16 V.S.A. chapter 51 by the Agency of Education with 20 
an early childhood education endorsement. 21  BILL AS INTRODUCED 	H.182 
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(2)  Early Childhood Educator II, in addition to the responsibilities and 1 
authorities of an Early Childhood Educator I, shall be authorized to: 2 
(A)  in a nonpublic education setting for children from birth through 3 
five years of age, serve in a lead educator role in a family child care home as 4 
defined in 33 V.S.A. § 3511 or a center-based child care and preschool 5 
program as defined by the Department for Children and Families in rule, 6 
providing supervision to individuals licensed as an Early Childhood Educator I 7 
and receiving guidance from individuals licensed as an Early Childhood 8 
Educator III; or 9 
(B)  in a public education setting for children in prekindergarten 10 
through grade three, serve in a support role. 11 
(3)  Early Childhood Educator III, in addition to the responsibilities and 12 
authorities of an Early Childhood Educator I and II, shall be authorized to: 13 
(A)  in a nonpublic education setting for children from birth through 14 
eight years of age, serve in a lead educator role in a family child care home as 15 
defined in 33 V.S.A. § 3511 or a center-based child care and preschool 16 
program as defined by the Department for Children and Families in rule, 17 
providing supervision to individuals licensed as an Early Childhood Educator I 18 
and guidance to individuals licensed as an Early Childhood Educator II; or 19 
(B)  in a public education setting for children in prekindergarten 20 
through grade three, serve in a support role. 21  BILL AS INTRODUCED 	H.182 
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(c)  An early childhood educator licensed pursuant to this chapter shall 1 
serve in a supporting role in the provision of prekindergarten services provided 2 
in accordance with 16 V.S.A. § 829. 3 
§ 6203.  PROHIBITIONS 4 
(a)  An individual shall not hold themselves out as an early childhood 5 
educator in this State unless the individual is licensed under this chapter or 6 
exempt from this chapter pursuant to section 6204 of this chapter. 7 
(b)  An individual shall not use in connection with the individual’s name 8 
any letters, words, or insignia indicating that the individual is an early 9 
childhood educator unless the individual is licensed under this chapter or 10 
exempt from this chapter pursuant to section 6204 of this chapter. 11 
§ 6204.  EXEMPTIONS 12 
(a)  The provisions of this chapter shall not apply to the following persons 13 
acting within the scope of their respective professional practices: 14 
(1)  a teacher licensed under 16 V.S.A. chapter 51 by the Agency of 15 
Education with an early childhood education endorsement; and 16 
(2)  an individual who provides consultation services in this State, 17 
performs research, or participates in or instructs regular or continuing 18 
education courses, provided the individual does not otherwise practice in this 19 
State. 20  BILL AS INTRODUCED 	H.182 
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(b)  This chapter shall not be construed to limit or restrict in any manner the 1 
right of a practitioner of another profession or occupation from carrying on in 2 
the usual manner any of the functions incidental to that profession or 3 
occupation. 4 
Subchapter 2.  Board of Early Childhood Educators 5 
* * * 6 
Subchapter 3.  Licensure Requirements 7 
§ 6221.  QUALIFICATIONS 8 
(a)  To qualify for licensure as an early childhood educator in this State, an 9 
applicant shall have attained the age of majority and shall have a high school 10 
diploma or successful completion of a General Education Development (GED) 11 
test or an equivalent credential.  An applicant shall have additional education 12 
and experience in accordance with this subsection for each of the following 13 
license types: 14 
(1)  Early Childhood Educator I shall have completed an approved 15 
certificate or credential program in early childhood education requiring a 16 
minimum of 120 hours and field experience. 17 
(2)  Early Childhood Educator II shall have completed an approved 18 
associate’s degree program in early childhood education: 19 
(A)  requiring a minimum of 60 college credits and field experience; 20 
and  21  BILL AS INTRODUCED 	H.182 
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(B)  offering college credit based upon an assessment of the 1 
individual’s competencies acquired through experience working in the 2 
profession. 3 
(3)  Early Childhood Educator III shall have completed an approved 4 
bachelor’s degree program in early childhood education requiring a minimum 5 
of 120 college credits and field experience. 6 
(b)  In addition to the requirements of subsection (a) of this section, 7 
applicants shall pass any examination that may be required by rule. 8 
§ 6222.  LICENSE RENEWAL 9 
(a)  Licenses shall be renewed every two years upon application and 10 
payment of the required fee.  Failure to comply with the provisions of this 11 
section shall result in suspension of all privileges granted by the license 12 
beginning on the expiration date of the license.  A license that has lapsed shall 13 
be reinstated upon payment of the biennial renewal fee and the late renewal 14 
penalty pursuant to 3 V.S.A. § 127.  15 
(b)  The Board may adopt rules necessary for the protection of the public to 16 
assure the Board that an applicant whose license has lapsed for more than five 17 
years is professionally qualified before reinstatement may occur.  Conditions 18 
imposed under this subsection shall be in addition to the requirements of 19 
subsection (a) of this section.  20  BILL AS INTRODUCED 	H.182 
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(c)  In addition to the provisions of subsection (a) of this section, an 1 
applicant for renewal shall have satisfactorily completed continuing education 2 
as required by the Board.  For purposes of this subsection, the Board may 3 
require, by rule, not more than 24 hours of approved continuing education as a 4 
condition of renewal. 5 
§ 6223.  FEES 6 
Applicants and persons regulated under this chapter shall pay the following 7 
fees: 8 
(1)  Early Childhood Educator I: 9 
(A)  Application for initial license, $125.00. 10 
(B)  Biennial renewal, $225.00. 11 
(2)  Early Childhood Educator II: 12 
(A)  Application for initial license, $175.00. 13 
(B)  Biennial renewal, $250.00. 14 
(3)  Early Childhood Educator III: 15 
(A)  Application for initial license, $225.00. 16 
(B)  Biennial renewal, $275.00. 17 
§ 6224.  UNPROFESSIONAL CONDUCT 18 
As used in this chapter, unprofessional conduct means: 19  BILL AS INTRODUCED 	H.182 
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(1)  conduct prohibited by this section, by 3 V.S.A. § 129a, or by other 1 
statutes relating to early childhood education, whether or not that conduct is by 2 
a licensee, an applicant, or an individual who later becomes an applicant; or 3 
(2)  conduct that results in a licensee, applicant, or an individual who 4 
later becomes an applicant being placed on the Child Protection Registry 5 
pursuant to 33 V.S.A. chapter 49. 6 
§ 6225.  VARIANCES; TRANSITIONAL LICENSURE 7 
(a)  The Board shall issue a transitional Early Childhood Educator II and III 8 
license to a teacher or director operating a registered or licensed family child 9 
care home or licensed center-based child care and preschool program and who 10 
does not meet the educational and experiential licensure requirements in this 11 
chapter.  Transitional licenses shall be valid for a two-year period and shall be 12 
renewed by the Board for an additional two-year period with satisfactory 13 
supporting documentation of the individual’s ongoing work to obtain the 14 
required educational and experiential qualifications for licensure under this 15 
chapter.   16 
(b)  At the conclusion of two two-year transitional licensure periods, the 17 
Board, at its discretion, may issue one final two-year transitional license if the 18 
licensee can demonstrate extenuating circumstances for not having attained the 19 
educational and experiential requirements in this chapter and ongoing work to 20 
attain these requirements. 21  BILL AS INTRODUCED 	H.182 
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Sec. 4.  REPEAL; TRANSITIONAL LICENSE 1 
26 V.S.A. § 6225 (variances; transitional licensure) is repealed on July 1, 2 
2033.  3 
Sec. 5.  33 V.S.A. § 3511 is amended to read: 4 
§ 3511.  DEFINITIONS 5 
As used in this chapter: 6 
* * * 7 
(3)  “Child care provider” means a person program licensed or registered 8 
by the Department for Children and Families, or authorized by the Department, 9 
to provide child care. 10 
* * * 11 
Sec. 6.  OFFICE OF PROFESSIONAL REGULATION; LICENSURE OF 12 
             EARLY CHILDHOOD EDUCATORS; APPROPRIATION 13 
(a)  The establishment of the following five new permanent positions is 14 
authorized in the Office of Professional Regulation in fiscal year 2027: 15 
(1)  one full-time, classified executive officer for the Vermont Board of 16 
Early Childhood Educators; 17 
(2)  one full-time, classified licensing staff; 18 
(3)  one full-time, classified enforcement staff; 19 
(4)  one full-time, exempt general counsel; and 20 
(5)  one full-time, classified administrative staff. 21  BILL AS INTRODUCED 	H.182 
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(b)  In fiscal year 2026, the amount of $1,400,000.00 is appropriated from 1 
the General Fund to the Office of Professional Regulation to be used for the 2 
licensure of early childhood educators in accordance with this act. 3 
Sec. 7.  EFFECTIVE DATES 4 
(a)  This section, Sec. 1 (Office of Professional Regulation), Sec. 2 5 
(Vermont Board of Early Childhood Educators), and Sec. 6 (Office of 6 
Professional Regulation; licensure of early childhood educators; appropriation) 7 
shall take effect on July 1, 2025.  8 
(b)  Sec. 3 (early childhood educators), Sec. 4 (repeal; transitional license), 9 
and Sec. 5 (definitions) shall take effect on July 1, 2027. 10