2026 -- S 2433

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LC004914

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2026

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF HUMAN

SERVICES -- QUALITY OF EARLY CARE AND EDUCATION AND SCHOOL-AGE CHILD

CARE THROUGH VOLUNTARY QUALITY RATING SYSTEM

     Introduced By: Senators Tikoian, Gallo, DiPalma, Ciccone, Felag, Burke, Murray,
McKenney, Paolino, and LaMountain

     Date Introduced: February 06, 2026

     Referred To: Senate Education

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 42-12-23.1 of the General Laws in Chapter 42-12 entitled

"Department of Human Services" is hereby amended to read as follows:

     42-12-23.1. Quality of early care and education and school-age child care through

voluntary quality rating system.

     (a) There is hereby established a voluntary quality rating system which will assess quality

in early care and education programs and school-age child care. For purposes of this section, early

care and education programs and school-age child care shall mean programs licensed under chapter

12.5 of title 42 and approved under chapter 48 of title 16, including, without limitation, childcare

centers, family childcare homes, group family childcare homes, school-age childcare programs and

preschools, but excluding child placement agencies. The voluntary quality rating system is

established to promote continuous quality improvement of programs and to further the goals of

Rhode Island’s “starting right” initiative.

     (b) The department of human services, the department of children, youth and families, the

department of health, the department of elementary and secondary education, and other partners

and agencies shall share information and work cooperatively with the Rhode Island quality rating

system, a public-private partnership, to ensure that Rhode Island children have access to quality

early care and education programs and school-age child care.

     (c) The voluntary quality rating system shall also provide a mechanism to gather data about

program quality, and shall report this information to parents, providers, and other persons interested

in the quality of early care and education programs and school-age childcare services in Rhode

Island.

     (d) School building presumption for facility-based rating elements.

     (1) Notwithstanding any other provision of the voluntary quality rating system established

in this section, when a school-age child care program is operated within a RIDE-certified school

building, any facility-based element of any observational tool or environment rating scale used by

the Rhode Island quality rating system to assess such program including, without limitation, the

School-Age Care Environment Rating Scale (SACERS) or any successor or replacement tool, shall

be deemed met or otherwise treated as neutral for the purpose of determining the program's quality

rating level.

     (2) The requirement in subsection (d)(1) of this section shall apply to any facility-based

element including, but not limited to, items, indicators, components, or scoring elements relating

to room arrangement, space configuration, furnishings, fixtures, storage, building systems, indoor

or outdoor space characteristics, and staff-only spaces.

     (3) Nothing in this subsection shall be construed to waive, diminish, or otherwise affect:

     (i) Any licensure requirement applicable to child care centers or school-age child care

programs;

     (ii) Any health and safety requirement applicable to the program; or

     (iii) The authority of the department of children, youth and families, the department of

health, the state fire marshal, the Rhode Island department of elementary and secondary education,

or any other state agency to enforce applicable laws and regulations.

     (e) Definitions.

     As used in subsections (d) and (f) of this section, the following terms shall have the

meanings set forth below:

     (2) "RIDE-certified school building" means a building located in the state that is used

primarily to provide kindergarten through grade twelve (K-12) instruction by:

     (i) A local education agency (LEA) or public school district;

     (ii) A charter public school; or

     (iii) An approved non-public school; and

     (iv) That is subject to oversight by the Rhode Island department of elementary and

secondary education and the council on elementary and secondary education, including applicable

health and safety requirements and standards under the basic education program pursuant to § 16-

22-34, or other governance structure approved by the Rhode Island department of elementary and

LC004914 - Page 2 of 4

secondary education.

     (1) "Facility-based element" means any item, indicator, component, scoring element, or

sub-element within an observational tool or environment rating scale used by the Rhode Island

quality rating system that assesses, rates, or scores the physical environment, space, layout,

furnishings, fixtures, storage, building systems, or staff-only spaces.

     (3) "School-age child care" and "school-age child care program" shall have the same

meaning as set forth in subsection (a) of this section including, without limitation, school-age child

care programs licensed under chapter 12.5 of title 42 and approved under chapter 48 of title 16.

     (f) Implementation - Guidance - Contracts.

     The department of human services shall, in consultation with the Rhode Island department

of elementary and secondary education and any other partner agencies participating in the Rhode

Island quality rating system, ensure implementation of subsection (d) of this section not later than

one hundred eighty (180) days after the effective date of this subsection. Such implementation shall

include, as applicable, updates to standards, scoring practices, guidance to observers, and

contractual requirements for any entity administering, coordinating, or conducting assessments for

the Rhode Island quality rating system.

     SECTION 2. Severability.

     If any provision of this act or the application thereof to any person or circumstance is held

invalid by a court of competent jurisdiction, the validity of the remainder of the act shall not be

affected thereby.

     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF HUMAN

SERVICES -- QUALITY OF EARLY CARE AND EDUCATION AND SCHOOL-AGE CHILD

CARE THROUGH VOLUNTARY QUALITY RATING SYSTEM

***

     This act would amend the statute establishing Rhode Island's voluntary quality rating

system for early care and education and school-age child care by requiring that, for school-age child

care programs operating in RIDE-certified school buildings, facility-based elements of

observational tools or environment rating scales (including SACERS or successor tools) be deemed

met or treated neutrally in order that such facility-based elements do not reduce a program's quality

rating level.

     This act would take effect upon passage.

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