S 206 VT

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Introduced

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An act relating to licensure of early childhood educators by the Office of Professional Regulation

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It is hereby enacted by the General Assembly of the State of Vermont:

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Sec. 1. 3 V.S.A. § 122 is amended to read:

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§ 122. OFFICE OF PROFESSIONAL REGULATION

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The Office of Professional Regulation is created within the Office of the

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Secretary of State. The Office shall have a director who shall be qualified by

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education and professional experience to perform the duties of the position.

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The Director of the Office of Professional Regulation shall be a classified

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position with the Office of the Secretary of State. The following boards or

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professions are attached to the Office of Professional Regulation:

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(1) Board of Architects

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***

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(55) Early Childhood Educators

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Sec. 2. 26 V.S.A. chapter 111 is added to read:

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CHAPTER 111. EARLY CHILDHOOD EDUCATORS IN PROGRAMS

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REGULATED BY THE CHILD DEVELOPMENT DIVISION

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§ 6211. CREATION OF BOARD (a) The Vermont Board of Early Childhood Educators is created.

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(b) The Board shall consist of nine members appointed for five-year terms

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by the Governor pursuant to 3 V.S.A. §§ 129b and 2004 as follows: two

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public members; two each of individuals licensed as an Early Childhood

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Educator I, an Early Childhood Educator II, and an Early Childhood Educator

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III; and one Family Child Care Provider. All members shall be Vermont

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residents. The members who are early childhood educators shall have been in

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active practice in Vermont for not less than the preceding three years and shall

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be in active practice during their incumbency. The public members shall be

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individuals who have no financial interest personally or through a spouse,

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parent, child, or sibling in the activities regulated under this chapter, other than

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as a consumer or a possible consumer of its services. Appointments shall be

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made without regard to political affiliation and on the basis of integrity and

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demonstrated ability.

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(c) Vacancies shall be filled in the same manner as initial appointments.

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(d) Board members shall not serve more than two consecutive terms.

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§ 6212. BOARD PROCEDURES (a) Annually, the Board shall meet to elect a chair, vice chair, and a secretary. (b) Meetings shall be warned and conducted in accordance with 1 V.S.A. chapter 5.

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(c) A majority of the members of the Board shall constitute a quorum.

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(d) All business shall be transacted by a majority vote of the members

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present and voting, unless otherwise provided by statute.

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§ 6213. POWERS AND DUTIES OF THE BOARD

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(a) The Board shall: (1) adopt rules, pursuant to 3 V.S.A. chapter 25, that are necessary for

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the performance of its duties in accordance with this chapter, including

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activities that must be completed by an applicant in order to fulfill the

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educational and experiential requirements established by this chapter;

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(2) provide general information to applicants for licensure as early childhood educators; (3) explain appeal procedures to licensees and applicants and complaint procedures to the public; and (4) use the administrative and legal services provided by the Office of Professional Regulation under 3 V.S.A. chapter 5. (b) The Board may conduct hearings and exercise its authority as provided in 3 V.S.A. chapter 5.

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Sec. 3. 26 V.S.A. chapter 111 is amended to read:

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CHAPTER 111. EARLY CHILDHOOD EDUCATORS IN PROGRAMS

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REGULATED BY THE CHILD DEVELOPMENT DIVISION

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Subchapter 1. General Provisions

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§ 6201. DEFINITIONS As used in this chapter:

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(1) “Board” means the Vermont Board of Early Childhood Educators.

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(2) “Early childhood educator” means an individual providing care and

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educational instruction to children from birth through eight years of age in a

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program regulated by the Child Development Division, including:

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(A) planning and implementing intentional, developmentally

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appropriate learning experiences that promote the physical health and social,

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emotional, linguistic, and cognitive growth of children;

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(B) establishing and maintaining a safe, caring, inclusive, and healthy learning environment; (C) observing, documenting, and assessing children’s learning and development; (D) developing reciprocal, culturally responsive relationships with families and communities; and (E) engaging in reflective practice and continuous learning.

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(3) “Early Childhood Educator I” means an individual who practices

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early childhood education as an assistant educator in a program under the

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supervision of Early Childhood Educators II or III or a teacher who is exempt

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from this chapter and licensed by the Agency of Education under 16 V.S.A.

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chapter 51 with endorsements in early childhood education, early childhood

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special education, or elementary education.

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(4) “Early Childhood Educator II” means an individual who practices

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early childhood education as the lead or primary educator in a program,

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supervises the practice of individuals licensed as an Early Childhood Educator

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I, and receives guidance from individuals licensed as an Early Childhood

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Educator III.

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(5) “Early Childhood Educator III” means an individual who practices

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early childhood education as the lead or primary educator in a program,

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supervises the practice of individuals licensed as an Early Childhood Educator

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I, and provides guidance to individuals licensed as an Early Childhood

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Educator II.

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(6) “Family child care provider” means an individual who provides

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developmentally appropriate care, education, protection, and supervision of

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children from birth through eight years of age and is authorized by the Child

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Development Division to operate a family child care home as defined in

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33 V.S.A. § 3511. VT LEG #388118 v.1

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(7) “Guidance” means direct or indirect consultative support in which an

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Early Childhood Educator III provides feedback to an Early Childhood

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Educator II.

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(8) “Program” or “program regulated by the Child Development

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Division” means a program or facility approved by the Department for

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Children and Families’ Child Development Division as a licensed or registered

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family child care home or a licensed center-based child care and preschool

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program and is not operated by a public school.

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(9) “Supervision” means on-site, direct oversight in which an Early

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Childhood Educator II or III observes the practice of an Early Childhood

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Educator I and provides feedback, support, and direction to an Early Childhood

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Educator I.

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§ 6202. PROHIBITIONS

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(a) An individual shall not hold themselves out as an early childhood

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educator in this State unless the individual is licensed under this chapter or

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exempt from this chapter pursuant to section 6203 of this chapter.

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(b) An individual shall not use in connection with the individual’s name

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any letters, words, or insignia indicating that the individual is an early

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childhood educator unless the individual is licensed under this chapter or

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exempt from this chapter pursuant to section 6203 of this chapter.

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§ 6203. EXEMPTIONS (a) The provisions of this chapter shall not apply to the following persons acting within the scope of their respective professional practices:

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(1) a teacher actively licensed under 16 V.S.A. chapter 51 by the

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Agency of Education with endorsements in early childhood education, an early

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childhood special education, or an elementary education;

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(2) an individual who provides care in an afterschool child care program

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that is regulated by the Child Development Division or any other child care

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program that is exempt from regulation by the Child Development Division;

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and

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(3) an individual who works exclusively in a public school.

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(b) This chapter shall not be construed to alter or amend the requirements

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of publicly funded prekindergarten education programs operated in accordance

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with 16 V.S.A. § 829.

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(c) This chapter shall not be construed to limit or restrict in any manner the

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right of a practitioner of another profession or occupation from carrying on in

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the usual manner any of the functions incidental to that profession or

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occupation.

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Subchapter 2. Board of Early Childhood Educators § 6211. CREATION OF BOARD *** VT LEG #388118 v.1

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Subchapter 3. Licensure Requirements § 6221. ELIGIBILITY AND QUALIFICATIONS (a) To be eligible for licensure under this chapter, an applicant shall have

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attained the age of majority; achieved a high school diploma, a General

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Education Development (GED) certificate, or an approved equivalent

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credential; and completed field experience in early childhood education as

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required by rule.

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(b) An applicant shall meet the following educational requirements for each of the following license types:

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(1) Early Childhood Educator I shall have received a certificate from an

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approved credential program in early childhood education requiring a

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minimum of 120 hours of training and instruction.

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(2) Early Childhood Educator II shall have received an associate’s degree program in:

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(A) early childhood education or a related field requiring a minimum of 60 college credits; or

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(B) any unrelated field and a minimum of 21 approved college

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credits in the core early childhood education competency areas identified in

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rule.

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(3) Early Childhood Educator III shall have received a bachelor’s degree from an approved program in: VT LEG #388118 v.1

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(A) early childhood education or a related field requiring a minimum of 120 college credits; or

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(B) any unrelated field and a minimum of 21 approved college

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credits in the core early childhood education competency areas identified in

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rule.

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(4) A Family Child Care Provider shall be qualified for licensure if

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authorized by the Child Development Division to operate a family child care

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home and is in good standing with the Division as of January 1, 2029. The

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Board shall not accept Family Child Care Provider applications after January

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1, 2029.

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(c) Approved educational programs may offer college credit based upon an

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assessment of the individual’s competencies acquired through experience

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working in the profession.

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(d) In addition to the requirements of subsections (a) and (b) of this section,

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applicants shall pass any examination that may be required by rule.

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§ 6222. LICENSE RENEWAL

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(a) Licenses shall be renewed every two years upon application and

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payment of the required fee. Failure to comply with the provisions of this

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section shall result in suspension of all privileges granted by the license

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beginning on the expiration date of the license. A license that has lapsed shall

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be reinstated upon payment of the biennial renewal fee and the late renewal VT LEG #388118 v.1

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penalty pursuant to 3 V.S.A. § 127, except a Family Child Care Provider

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license shall not be renewed after a lapse of two or more years.

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(b) The Board may adopt rules pursuant to 3 V.S.A. chapter 25 necessary

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for the protection of the public to assure the Board that an applicant whose

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license has lapsed for more than five years is professionally qualified before

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reinstatement may occur. Conditions imposed under this subsection shall be in

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addition to the requirements of subsection (a) of this section.

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(c) In addition to the provisions of subsection (a) of this section, an

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applicant for renewal shall have satisfactorily completed continuing education

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as required by the Board. For purposes of this subsection, the Board may

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require, by rule, not more than 24 hours of approved continuing education as a

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condition of renewal.

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§ 6223. FEES

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Applicants and persons regulated under this chapter shall pay the following fees: (1) Early Childhood Educator I:

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(A) Application for initial license, $125.00.

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(B) Biennial renewal, $225.00.

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(2) Early Childhood Educator II:

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(A) Application for initial license, $175.00.

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(B) Biennial renewal, $250.00. VT LEG #388118 v.1

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(3) Early Childhood Educator III:

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(A) Application for initial license, $225.00.

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(B) Biennial renewal, $275.00.

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(4) Family Child Care Provider:

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(A) Application for initial license, $175.00.

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(B) Biennial renewal, $250.00.

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§ 6224. UNPROFESSIONAL CONDUCT As used in this chapter, “unprofessional conduct” means: (1) conduct prohibited by this section, by 3 V.S.A. § 129a, or by other

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statutes relating to early childhood education, whether that conduct is by a

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licensee, an applicant, or an individual who later becomes an applicant;

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(2) conduct that results in a licensee, applicant, or an individual who

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later becomes an applicant being placed on the Child Protection Registry

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pursuant to 33 V.S.A. chapter 49; or

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(3) conduct that is not in accordance with the professional standards and

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competencies for Early Childhood Educators published by the National

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Association for the Education of Young Children.

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§ 6225. VARIANCES

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(a)(1) The Board shall issue a transitional Early Childhood Educator II or

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III license to a teacher or director of a program who does not meet the

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educational and experiential licensure in this chapter. Transitional licenses VT LEG #388118 v.1

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shall be valid for a two-year period and shall be renewed by the Board for an

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otherwise qualified applicant for an additional two-year period with

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satisfactory supporting documentation of the individual’s ongoing work to

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obtain the required educational and experiential qualifications for licensure

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under this chapter.

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(2) At the conclusion of three two-year transitional licensure periods, the

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Board, at its discretion, may issue one final two-year transitional license for an

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otherwise qualified applicant if the licensee can demonstrate extenuating

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circumstances for not having attained the educational and experiential

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requirements in this chapter and ongoing work to attain these requirements.

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(b) In addition to the transitional licensure available pursuant to subsection

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(a) of this section, the Board shall also issue an Early Childhood Educator II

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license for individuals who have completed the eligibility requirements set

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forth in subsections 6221(a) and (d) of this chapter and completed one of the

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following:

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(1) 21 college credits in the core early childhood education competency areas identified by the Board in rule; or

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(2) prior experiential learning that is assessed by an appropriately

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accredited institution of higher learning to be the equivalent of 21 college

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credits in the core early childhood education competency areas identified by

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the Board in rule. VT LEG #388118 v.1

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§ 6226. DISCLOSURE BY LICENSEES An early childhood educator licensed pursuant to this chapter shall post and provide to current and prospective families the following information: (1) all available license types regulated by the Office of Professional Regulation pursuant to this chapter; (2) a description of the Office of Professional Regulation’s regulatory

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authority over licensees in programs regulated by the Child Development

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Division and how to make complaints;

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(3) a description of the Agency of Education’s regulatory authority over

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teachers providing prekindergarten services pursuant to 16 V.S.A. § 829 and

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how to make complaints; and

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(4) a description of the Child Development Division’s regulatory

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authority over regulated child care programs and how to make complaints.

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Sec. 4. 26 V.S.A. § 6225 is amended to read:

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§ 6225. VARIANCES

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(a)(1) The Board shall issue a transitional Early Childhood Educator II or

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III license to a teacher or director of a program who does not meet the

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educational and experiential licensure in this chapter. Transitional licenses

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issued under this subsection shall be valid for a two-year period and shall be

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renewed by the Board for an otherwise qualified applicant for an additional

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ongoing work to obtain the required educational and experiential qualifications

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for licensure under this chapter.

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***

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(c) The Board shall issue a transitional Early Childhood Educator II license

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to a provider operating a family child care home who does not meet the

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educational and experiential licensure requirements of an Early Childhood

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Educator II but does meet the educational and experiential license

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requirements of an Early Childhood Educator I pursuant to this chapter.

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Transitional licenses under this subsection shall be valid for a two-year period,

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and renewable for two additional two-year periods, while the licensee

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completes ongoing work to obtain the required educational and experiential

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qualifications for Early Childhood II licensure under this chapter.

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Sec. 4a. 26 V.S.A. § 6225 is amended to read:

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§ 6225. VARIANCES

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(a)(1) The Board shall issue a transitional Early Childhood Educator II or

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III license to a teacher or director of a program who does not meet the

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educational and experiential licensure in this chapter. Transitional licenses

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issued under this subsection shall be valid for a two-year period and shall be

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renewed by the Board for an otherwise qualified applicant for an additional

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two-year period with satisfactory supporting documentation of the individual’s

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ongoing work to obtain the required educational and experiential qualifications

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for licensure under this chapter.

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(2) At the conclusion of three two-year transitional licensure periods, the

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Board, at its discretion, may issue one final two-year transitional license for an

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otherwise qualified applicant if the licensee can demonstrate extenuating

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circumstances for not having attained the educational and experiential

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requirements in this chapter and ongoing work to attain these requirements.

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(b) In addition to the transitional licensure available pursuant to subsection

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(a) of this section, the Board shall also issue an Early Childhood Educator II

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license for individuals who have completed the eligibility requirements set

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forth in subsections 6221(a) and (d) of this chapter and completed one of the

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following:

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(1) 21 college credits in the core early childhood education competency areas identified by the Board in rule; or

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(2) prior experiential learning that is assessed by an appropriately

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accredited institution of higher learning to be the equivalent of 21 college

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credits in the core early childhood education competency areas identified by

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the Board in rule.

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(c) The Board shall issue a transitional Early Childhood Educator II license

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to a provider operating a family child care home who does not meet the

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educational and experiential licensure requirements of an Early Childhood VT LEG #388118 v.1

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Educator II but does meet the educational and experiential license

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requirements of an Early Childhood Educator I pursuant to this chapter.

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Transitional licenses under this subsection shall be valid for a two-year period,

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and renewable for two additional two-year periods, while the licensee

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completes ongoing work to obtain the required educational and experiential

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qualifications for Early Childhood II licensure under this chapter.

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Sec. 5. REPORT; EARLY CHILDHOOD EDUCATOR LICENSURE

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On or before November 1, 2031, the Office of Professional Regulation, in

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consultation with the Department for Children and Families’ Child

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Development Division, shall submit a written report to the House Committees

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on Government Operations and Military Affairs and on Human Services and to

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the Senate Committees on Government Operations and on Health and Welfare

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regarding the implementation of 26 V.S.A. chapter 111, including:

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(1) the number of licensees by license type;

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(2) the State resources necessary to implement the chapter;

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(3) the number and nature of any complaints or enforcement actions

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against a licensee;

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(4) the qualifications required for each license type;

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(5) any changes in the number of registered and licensed family child

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care homes since the enactment of 26 V.S.A. chapter 111;

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(6) recommendations to encourage the opening of additional family child care homes; and (7) any other issues the Office deems appropriate.

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Sec. 6. OFFICE OF PROFESSIONAL REGULATION; LICENSURE OF

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EARLY CHILDHOOD EDUCATORS IN PROGRAMS

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REGULATED BY THE CHILD DEVELOPMENT DIVISION;

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APPROPRIATION; POSITIONS

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(a) The establishment of the following new permanent positions is

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authorized in the Office of Professional Regulation in fiscal year 2027:

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(1) one full-time, classified executive officer for the Vermont Board of Early Childhood Educators; and (2) one full-time, exempt staff attorney. (b) In fiscal year 2027, the amount of $262,000.00 is appropriated from the

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General Fund to the Office of Professional Regulation to be used for the

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licensure of early childhood educators in accordance with this act.

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Sec. 6a. CONTIGENCY OF FUNDING

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The duty to implement Sec. 6 of this act, Office of Professional Regulation;

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licensure of early childhood educators in program regulated by the Child

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Development Division; appropriation; positions, is contingent upon an

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appropriation of funds in fiscal year 2027 from the General Fund to the Office

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of Professional Regulation for the specific purposes described in Sec. 6 of this

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act.

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Sec. 7. EFFECTIVE DATES

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(a) This section, Sec. 1 (Office of Professional Regulation), Sec. 2

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(Vermont Board of Early Childhood Educators), Sec. 5 (report; early

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childhood educator licensure), and Sec. 6 (Office of Professional Regulation;

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licensure of early childhood educators; appropriation; positions), Sec. 6a

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(contingency of funding) shall take effect on July 1, 2026.

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(b) Sec. 3 (early childhood educators) shall take effect on July 1, 2028.

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(c) Sec. 4 (26 V.S.A. § 6225) shall take effect on January 1, 2029.

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(d) Sec. 4a (26 V.S.A. § 6225) shall take effect on July 1, 2036.

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