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Committee reviews draft 1.2 to create licensure system for early childhood educators
Summary
A Health & Welfare committee reviewed draft 1.2 that would create a licensure chapter and board for early childhood educators, establish three license tiers (ECE 1–3), temporary variance pathways, grandfather current family child‑care providers, and set reporting and effective‑date milestones; committee members flagged fiscal and part‑time worker questions.
The Vermont Senate Health & Welfare Committee reviewed draft 1.2 of a bill to create a new licensure chapter and board for early childhood educators, with members and staff describing a phased rollout, two temporary variance pathways and specific educational and experience requirements for three license tiers.
The draft would add early childhood educators to the list of professions regulated by the Office of Professional Regulation and create a board that is codified immediately and required to adopt rules before the full licensure program takes effect. The committee heard that the bill establishes three license types: ECE 1 (certificate/approved credential), ECE 2 (associate’s degree or alternative of 60 college credits or 21 approved core early childhood credits or equivalent experiential learning) and ECE 3 (bachelor’s degree or 120 college credits). The bill also authorizes a family child‑care provider license for entities operating in good standing as of January 1, 2029; that family child‑care license is limited to those already operating on that date and will not be an ongoing license category for new entrants.
An unidentified legislative presenter described the variance approach as "a sort of a second variance pathway," explaining the bill preserves two limited variance routes (the previously discussed transitional license and a second path for ECE 2) that are explicitly temporary and sunset after eight years. The presenter also said the Office of Professional Regulation must submit a report by 2021-11-01 (report date stated in the draft as 11/01/2031) to relevant House and Senate committees describing implementation, numbers of licensees, resources needed, complaints or enforcement actions and qualifications for each license type.
The draft includes conflict‑of‑interest language for board membership that would bar service by individuals with a direct financial interest in activities regulated under the chapter (the committee asked staff to confirm this language does not inadvertently disqualify parents who are consumers). It also exempts teachers licensed under Title 16 with appropriate endorsements, after‑school programs regulated by the Child Development Division (CDD), and publicly funded prekindergarten from licensure under this chapter.
Renewal is set at every two years with fees and late renewal penalties; the board may require continuing education by rule (not more than 24 hours). The draft ties sanctions for unprofessional conduct to existing Title 31 provisions and professional competencies published by the National Association for the Education of Young Children (NAEYC).
Committee members and the presenter raised several implementation questions. Members asked how the pathway treats part‑time workers and whether scholarship funding could make education feasible for workers balancing employment; they asked OPR and Legislative Fiscal Office staff to clarify fee structures and the cost to implement the board and the program. Senator John Morley, who joined remotely, pressed for a fiscal assessment: "there's actual cost to this," he said, asking whether Joint Fiscal Office, Sen. Cummings or Senate Finance had reviewed total costs. The chair said the bill will be referred to Senate Finance and appropriations and the committee will seek a fiscal note where possible.
The committee discussed effective dates included in the draft: creation of the board, the report requirement and appropriation language would take effect July 1, 2026; the remainder of the chapter (licensure rules, eligibility and fees) would take effect July 1, 2028; the variance provisions sunset and are repealed on July 1, 2036. The presenter said a revised draft 2.1 will be prepared with limited changes and the committee may schedule a vote next week pending resolution of fiscal questions.
The committee did not take a formal vote during the hearing. Members directed staff to refine language about consumer/parent interests, to confirm ownership/disclosure provisions relevant to private‑equity ownership of centers, and to route fiscal details to the money committees for review. The committee closed the session and scheduled further work offline and in subsequent meetings.
