OFFICE OF THE COUNTY EXECUTNE
ROCKVILLE, MARYLAND 20850
Isiah Leggett
.County Executive
MEMORANDUM
May 11, 2015
TO:
George Leventhal, President
County Council
RE.CEtVED
MONTGOMERY ·eoUNTY
COUNCIL
SUBJECT:
Bill 11-15, Child Care Expansion and Quality Enhancement Initiative - Veto
After careful consideration ofBill 11-15, Child Care Expansion and Quality
Enhancement Initiative, I have reluctantly decided to veto the bill, and I am returning the bill
to
you with this memorandum.
I urge the Council
to
immediately introduce and pass as an expedited bill the
version of Bill 11-15 as recommended by the Joint IffiS/ED Committee. I will proudly sign that
bill as soon as it reaches my desk.
I acknowledge the tremendous importance of passing the Child Care Expansion
and Quality Enhancement legislation. Councilmembers and their
staff
work~d
on this bill with
members of my staff, and the provisions were much improved to the point where I, as the County
Executive, extended my support to this bill. The provisions aimed at adding a Child Care and
Early Education Policy Officer and formally instituting the Early Childhood Coordinating
Council are both provisions I support. In addition, the qualify. enhancements proposed add value
to
the existing programming menu
and
will
continue to make improvements in our program
offe:r;ings.
At the last minute, however, an amendment
was
offered which is included
in
Section 10 A-1 2 (A). The added language would require the Child Care and Early Education
Officer
to
"administer the selection of providers
in
public space, after consulting with the
Montgomery County Board of Education where school facilities are
to
be used to the extent
authorized by State law."
First, I do not believe that this bill is the appropriate vehicle for addressing the
Board of Education's authority to delegate management of space in public schools. Should the
Board of Education decide
to
change its designee by resolution from the Interagency
Coordinating Board with implementation through Community Use of Public Facilities (CUPF)
to
the Montgomery County Department of Health Human Services (MCDHHS), then state law
would automatically enable MCDllliS to perform the required function of selecting and
designating providers-without any change to the County Code. Moreover, the clirrent
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George Leventhal
May 11, 2015
Page2
delegation of this authority to CUPF involves a broader range of responsibilities than are
enumerated in the provision adopted by Council. There simply is no need for legislative action
on this matter.
Secondly, should the Board of Education choose to change its delegation to
MCDIIBS, the function would more properly be administered
within
the Early Care and
~ucation
Division of the Children, Youth and Families Service area-where all other child care
facilities are managed by MCDIIBS rather
than
the Child Care and Early Education Policy
Officer. Thus, the bill as adopted would still need
to
be amended.
It is for these reasons that I am sending what is fundamentally a good bill back for
amendment. I also wanted
to
assure you that I have asked my leadership team to continue to
work
with
CUPF to improve performance and examine and address the concerns that are being
raised. I believe that CUPF is still the entity that should administer
all
public space needs. I
remain deeply committed
to
good government and will continue
to
expect my administration to
.do
all
that is necessary
to
execute my expectations with fidelity.
For all of the reasons, discussed above, I am vetoing Bill 11-15 and urging
Council to reconsider provision 10 A-1 2 (A), and resubmit and pass the bill as recommended by
the Joint HHS/ED Committee.
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Bill No.
11-15
Concerning: Child Care Expansion and
Quality Enhancement Initiative
Revised:
5/5/2015
Draft No.__§___
Introduced:
March 3.
2015
Enacted:
May
5. 2015
Executive:
Vetoed
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: ---=-=N=on:..:..:e=----------
Ch. _ _ , Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsors: Councilmembers Navarro and Riemer
Co-Sponsors: Council Vice President Floreen, Councilmember Elrich, Council President Leventhal,
and Councilmembers Berliner, Katz, Rice, and Hucker
AN ACT
to:
(1)
require the Executive to designate an employee in the Department of Health and
Human Services as a Child Care and Early Education Officer and specify the duties
of the Child Care and Early Education Officer;
create a Child Care Expansion and Quality Enhancement Initiative in the
Department of Health and Human Services;
[[(2)]]
!l)
specify the duties to implement the Initiative; [[and]]
[[(3)]] (4) establish an Early Childhood Coordinating Council and specify the duties of the
Coordinating Council; and
generally amend County law regarding child care, human rights, and administration.
By amending
Montgomery County Code
Chapter 2, Administration
Section 2-42A
By renaming and adding
Chapter 1OA, Child Care
Article 1, Child Care
Sections lOA-1 and lOA-2
Article 2, Early Childhood Coordinating Council
Section lOA-3
By renumbering
Chapter 1OA, Child Care
Sections lOA-1, lOA-2, lOA-3, lOA-4, lOA-5, and lOA-6
Chapter 27, Human Rights and Civil Liberties
Sections 27-62 and 27-62A
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BILL
No. 11-15
By
amending and adding
Chapter 44, Schools and Camps
Sections 44-3, 44-4, and 44-4A
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
Heading or de.fined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unqffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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BILL
No.
11-15
1
2
Sec. 1. Section 2-42A is amended as follows:
2-42A. Functions, powers, and duties.
3
*
(d)
Duties of the Department.
*
*
*
*
*
4
5
*
(3)
6
7
8
9
10
The Department provides staff support to:
*
(M)
[[and]]
(N)
*
the Advisory Board for the Montgomery Cares Program;
the Early Childhood Coordinating Council: and
any program created to achieve health equity among
County residents.
11
12
13
(Ql
Sec. [[1]]
Chapter lOA is renamed and Article 1 of Chapter lOA
14
15
16
17
18
19
20
([[Section]] Sections lOA-1 and lOA-2) is added as follows:
Chapter lOA. [Child Day Care Facilities Loan Program] Child Care.
Article 1. Child Care [[Expansion and Quality Enhancement]]:
lOA-1. Child Care and Early Education Officer.
(fil
[[Definitions// Definition.
In
this Section.
Officer
means the Child Care
and Early Education Officer.
(bl
The County Executive must designate an employee in the Department
of Health and Human Services to serve as a Child Care and Early
Education Officer. Among other duties. the Officer" must:
21
22
23
24
ill
promote coordination and collaboration among county agencies
and departments to expand child care oooortunities throughout
the County:
25
26
27
~
CA)
administer the selection of providers in public space. after
consulting with the Montgomerv County Board of
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BILL
No.
11-15
28
Education where school facilities are to be used. to the
extent authorized by State law: and
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(ID
to the extent not authorized by State law. monitor and
support the coordination between the Department of
Health and Human Services and the Office of Community
Use of Public Facilities to administer the selection of
providers in public space. including in Montgomerv
County Public School facilities[[. to the extent authorized
by State
law]]~
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33
34.
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37
38
39
40
!ll
monitor and support the implementation of the Child Care
Expansion and Quality Enhancement Initiative described in
Section 1
OA-2:
ill
~
provide staff support for the Early Childhood Coordinating
Council established in Section
IOA-3:
monitor and support the implementation of the Early Childhood
Initiative as developed by the Coordinating Council:
41
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43
44
!fil
serve as a liaison between County government and the public on
child care-related issues: and
45
46
47
ill
prepare a Strategic Plan for Child Care by May 5. 2016 that
includes:
48
49
50
CA)
specific goals and implementation strategies for improving
early childhood services and child care provider assistance
and counseling:
51
52
53
54
au
(kl
planning for new child care services
including in public school projects:
1Il
public space.
planning for expansion of child care space through public-
private partnerships:
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No.
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ml
!ID
research on the supply. demand. and affordability of child
care throughout the County:
a plan for a countvwide universal child care and preschool
program that provides everv child an oooortunity to
participate in a high-quality preschool. early care. and
education program: and
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62
ID
a plan to improve readiness for children entering
kindergarten through enhanced early care and education
services.
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65
(£)
Annual report.
By February 1 each year. the Officer must submit to the
County Council and County Executive an annual report on:
66
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ill
al
its activities. accomplishments. plans. and objectives:
the implementation of the Child Care Expansion and Quality
Enhancement Initiative. including the number of family child
care providers serviced and types of services provided:
68
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70
Ql
~
steps taken to implement the Strategic Plan for Child Care. Early
Care. and Education in the preceding year: and
the activities. accomplishments. plans. and objectives of the Early
Childhood Coordinating Council. including implementation of
the Early Childhood Initiative.
71
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80
lOA-2. Child Care Expansion and Quality Enhancement Initiative.
fill
Definitions.
In this Article, the following words have the meanings
indicated:
Department
means the Department of Health and Human Services.
Director
means the Director of the Department or the Director's
designee.
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No. 11-15
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Family child care provider
has the same meaning as in Section 5-550 of
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the Family Law Article of the Maryland Code or any successor
prov1s10n.
.Qi}
Initiative.
The Department must:
ill
at least quarterly, hold an information session:
(A)
for prospective family child care providers, on the steps
necessary to become registered or licensed
J2y
the State;
and
.(ID
for licensed family child care providers, on the steps
89
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91
necessary
to
achieve
State,
regional,
or national
accreditation;
92
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94
ill
ill
provide technical assistance and coordinate business training to
family child care providers;
[[if
requested, conduct
~
site-visit for potential family child care
providers to provide feedback and assistance to obtain state
licensing]] if a potential family child care provider is pursuing
registration or licensing and has submitted an application to the
State Office of Child Care. provide technical assistance and
general program support to the provider; and
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ffi
provide services in Spanish, and other languages as requested, in
~
culturally competent manner[[;.
ill
.(fil
conduct an annual assessment of child care needs in the County;
and
prepare an annual report, as required in subsection
Uilll.:
.{£}
Regulations.
The Executive may adopt regulations under Method
ill
to
administer the Initiative.
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No.
11-15
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109
[(@
Annual report.
fu
February
1
each year, the Department must submit to
the County Council an annual report on:
l
1O
111
ill
ill
ill .
its activities, accomplishments, plans, and objectives;
the results of the annual child care needs assessment; and
the number of family child care providers serviced and
~
of
services provided.)]
112
113
Sec. 3. Article 2 (Section 1OA-3) of Chanter 1OA is added as follows:
Article 2. Early Childhood Coordinating Council.
.
lOA-3.
114
115
Early Childhood Coordinating Council.
Definitions.
In this Section. the following. words have the meanings
indicated:
116
117
118
W
Coordinating Council
means the Early Childhood Coordinating
Council.
119
120
121
122
123
124
125
Department
means the Department of Health and Human Services.
Director
means the Director of the Department or the Director's
designee.
(bl
Established.
The Executive must appoint. subject to confirmation by the
Council. an Early Childhood Coordinating Council.
,(£)
Composition and terms ofmembers.
126
127
128
ill
!Z)
The Coordinating Council has up to 33 members.
The Executive must appoint up to 15 public members. The public
members should include:
129
130
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132
(Al
up to 4 representatives of local providers of early
childhood education and development services:
ml
one representative of the Montgomerv County Council
Parent Teacher Associations:
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No. 11-15
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!kl
ml
!ID
one
representative
of
the
Montgomerv
County
Commission on Child Care:
one representative of the Organization of Child Care
Directors:
one representative of the Family Child Care Association of
Montgomerv County:
(,f} ·
one representative of the Maryland Association for the
Education ofYoung Children:
CG)
one representative of the business community with
demonstrated leadership in early childhood care and
education:
an
ill
ill
!Kl
ill
one representative of the local pediatrician community;
one representative of the local philanthropic community:
one representative of the local interfaith community: and
up to 2 parent representatives.
fo~lowing
The Executive must appoint the
officio member:
CA)
to serve as an ex
the Director of the Department:
one representative of the Department's Division of Early
Childhood Services:
LBJ
!Q
one representative of the Department's Community Health
Services:
ml
!ID
one representative of the Department's School Health
Services:
one representative of the Department's Infants and
Toddlers· Program:
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BILLN0.11-15
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!fl
(G)
one
representative
of
the
Montgomery
County
Collaboration Council for Children. Youth and Families;
one representative of the Montgomery County Child Care
Resource and Referral Center:
(ID
one representative of the Montgomerv County Community
Action Agency. the administrator of public Head Start
programs in Montgomery County:
ill
Ql
one representative of Montgomery County Department of
Public Libraries: and
one representative of the Montgomerv County Council:
ill
The Executive must invite the following to serve as an ex officio
member:
(A)
the Montgomery County Public Schools Superintendent or
the Superintendent's designee;
Qi}
one representative of the Montgomery County Public
School's Division of Early Childhood Programs and
Services:
(g
one
representative
of
the
School's
Division
of
Prekindergarten. Special Programs and Related Services;
·!DJ
(El
one representative of the Office of Child Care Region 5.
Marvland State Department of Education:
up to 2 representatives of p1:1blic institutions of higher
education in the County;
!fl
(G)
one elementary school principal in Montgomery County
Public Schools: and
one prekindergarten teacher in Montgomery County Public
Schools.
-9-
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No. 11-15
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ill
The term of each member is 4 years.
If
a member is appointed to
fill a vacancy before a term expires. the successor serves the rest
of the unexpired term.
(ill
Voting. a-Ricers. chairs. meetings. and compensation.
ill
ill
QJ
Each member of the Coordinating
Co~cil
is a voting member.
The Executive must designate the Chair and Vice-Chair..
The Coordinating Council meets at the call of the Chair. The
Coordinating Council must meet as often as necessary to perform
its duties. but not less than 9 times each year.
ill
A member serves without compensation. However. a member
may request reimbursement for mileage and dependent care costs
at rates established by the County.
Ui}
Duties.
The Coordinating Council must:
ill
conduct a periodic county-wide needs assessment concerning the
quality and availability of early childhood education and
development programs and services for children from birth to
school entry. including an assessment of the availability of child
care. ([pre-kindergarten]] prekindergarten. and other supportive
services for low-income children and their families in the County:
ill
identify opportunities for. and barriers to. collaboration and
coordination among child development. child care and early
childhood education programs. services. and advocacy groups
including collaboration and coordination among State and local
agencies and organizations responsible for administering or
providing oversight for such efforts:
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Ql
develop recommendations for increasing the overall participation
of children and their families in existing programs. including
outreach to underrepresented and special populations:
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217
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220
ill
develop recommendations regarding the implementation and use
of the State-established unified data collection system for oublic
early childhood education and development programs and
services throughout the County:
ill
develop recommendations regarding professional development.
career advancement plans. compensation scales and incentives
for early childhood educators in the County: and
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237
(fil
assess the capacity and effectiveness of 2- and 4-year public and
private institutions of higher education toward supporting the
development of early childhood educators. including the extent to
which such institutions have in place articulation agreements.
professional development and career advancement plans. and
practice or internships for students to spend time in Early Head
Start. Head Start. [[Pre-kindergarten]] prekindergarten. or child
care programs:
ffi
(ID
recommend uniform regulations for the availability of quality
child care in public spaces:
develop ways to leverage public and private partnerships between
private businesses. Montgomery County Public Schools. and the
County:
(2l
develop a hub consortium that connects family child care
providers to accredited child care centers and schools to provide
training. technical assistance. and mentoring to family child care
providers: and
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No. 11-15
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ilQl
update and implement an Early Childhood Initiative to integrate
public and private early childhood services. including areas such
as child care. early literacy. early childhood mental health
consultation services. and parent suooort services.
[(W]]
ill
Advocacy.
The Coordinating Council must not engage m any
legislative advocacy at the State or federal levels unless that activity is
approved by the Office of Intergovernmental Relations.
[[fill]
(g1
Staff.
The Department of Health and Human Services must provide
appropriate staff to the Coordinating Council.
Sec. ([3]]
~-
Article VIII of Chapter 27 (Sections 27-62 and 27-62A)
is
renumbered and moved to Chapter lOA, and Articles 3 and 4 of Chapter lOA
(Sections lOA-4 and lOA-5) are added as follows:
Article VIII. [Commission on Child Care.] Reserved.
*
*
*
Article 3. Commission
!!!!
Child Care.
[27-62] [[lOA-8]] lOA-4. Commission on child care.
*
*
*
Article 4. Child Care Facilities Impact Statements.
[27-62A] [[lOA-9]] lOA-5. Child Care facilities impact statements.
*
Sec. [[2]]
*
*
Article [[2]]
~of
Chapter lOA is added and Sections lOA-1,
lOA-2, lOA-3, lOA-4, lOA-5, and lOA-6 are renumbered as follows:
Article
[16)]
~
Child Day Care Facilities Loan Program.
[lOA-1] [[lOA-2]] lOA-6. Purpose and objectives.
*
[lOA-2] [[lOA-3]] lOA-7. Eligibility.
*
*
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*
*
*
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BILLN0.11-15
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[lOA-3] [[lOA-4]] lOA-8.
Uses of funds.
*
*
*
*
*
*
*
*
*
*
*
[lOA-4] [[lOA-5]] lOA-9.
Loan amounts and rates.
[lOA-5] [[lOA-6]] lOA-10.
Loan procedures.
[lOA-6] [[lOA-7]] lOA-11.
Revolving loan fund.
272
273
274
275
276
277
278
279
280
281
282
283
284
285
286
287.
288
289
290
291
292
*
follows:
44-3.
Interagency Coordinating Board.
(a)
Sec.
6.
Sections
44-3
and
44-4
are amended and Section
44-4A
is added as
Establishment and responsibilities.
[[The]] Except as provided in
Section 44-4A. the Interagency Coordinating Board for Community Use
of Public Facilities must review and coordinate the activities conducted
under this Article. The Board must:
*
*
*
44-4.
Director of Community Use of Public Facilities.
[[The]] Except as provided in Section 44-4A. the Director must:
*
44-4A.
Child Care in Public Soaces.
*
*
The Child Care and Early Education Officer designated in Section
lOA-1
must:
tru
administer the selection of providers in public space. after consulting
with the Montgomery County Board of Education where school
facilities are to be used. to the extent authorized by state law: and
Qi}
to the extent not authorized by State law. monitor and support the
coordination between the Department of Health and Human Services
and the Office of Community Use of Public Facilities to administer the
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No. 11-15
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299
selection of providers in public space. including in Montgomery County
Public School facilities [[to the extent authorized by State
law]]~
Sec. 7. Transition of the Early Childhood Coordinating Council.
The County Executive must stagger the terms of the public members initially
appointed to the Early Childhood Coordinating Council under Section 1OA-3 as
added by Section 3 of this Act so that approximately one-fourth of the terms of the
public members expire each year.
Approved:
300
George Leventhal, President, County Council
ate
I
301
Approved:
302
Vetoed
303
304
Linda M. Lauer, Clerk of the Council
Date
- 14 -