Order Authorizing Certain Program Adjustments to Support Families with Students Engaged in Remote Learning

• Massachusetts
• Miscellaneous

As many school districts intend to have students engage in remote learning in whole or in part, the Governor has issued an Executive Order (available here) to develop alternative arrangements to provide for the supervision and care for school-aged children during the school day.

School-Aged Child Care Programs Currently Licensed by the Department of Early Education and Care. The Commissioner of the Department of Early Education and Care (EEC) is permitted to:

• temporarily suspend or modify any existing EEC regulation to the extent necessary to allow licensed school-aged child care programs to expand their hours of operation or capacity to provide supervision during remote learning instruction.

Remote Learning Enrichment Programs. The EEC will provide for the creation of remote learning enrichment programs that provide a supervised setting, during the school day, for children who are enrolled in school to attend remote learning instruction. The EEC will issue policies, procedures, requirements, rules, and guidance to specify how a remote learning enrichment program can be exempt from the EEC licensing requirements in order to permit the operation of such programs.

A “remote learning enrichment program” is a program or facility operated on a regular or drop-in basis which provides supervised group care for children not of common parentage who are:

• enrolled in kindergarten and are of age to enter first grade the following year; or

• enrolled in school and 14 years old or younger, or a child 16 years old or younger who has special needs.

Remote learning enrichment programs can operate only while children are attending remote learning instruction and only during the hours of the regular school day.

The EEC is permitted to issue:

• minimum standards for the operation of remote learning enrichment programs. The minimum operating standards shall include, without limitation, provisions for staff background record checks, health and safety standards, facilities checks, and child-to-staff ratios; and

• policies, procedures, requirements, rules, and guidance to ensure that remote learning enrichment programs are in compliance with any operating standards issued by the EEC and within the scope of an exemption granted pursuant to this Order, for investigating any program as provided in G. L. c. 15D, and, when necessary, for taking enforcement action against a program, including issuing fines pursuant to G. L. c. 15D, § 15, or revoking an exemption from the EEC licensing requirements.

A remote learning enrichment program must be approved by the municipality in which the program is located before the EEC may grant an exemption. Municipal approval shall include, at a minimum:

• verification by the municipality that the program is in compliance with the EEC’s minimum standards for operation of a remote learning enrichment program; and

• acknowledgement by the municipality that during the period in which the remote learning enrichment program is operating, the municipality will remain responsible for:

• regularly monitoring the program to determine whether the program is operating in compliance with the minimum standards for operation and within the scope of the EEC licensing exemption, including the limitation on hours of operation; and

• notifying the EEC of any non-compliance with those minimum standards for operation or of activities exceeding the scope.

A municipality is permitted to:

• issue standards for operation of a remote learning enrichment program that are more demanding than those issued by the EEC;

• investigate a remote learning enrichment program;

• revoke approval for a program, with notice to the EEC, for a program's failure to comply with the EEC's minimum standards for operation or the scope of the EEC's licensing exemption, or failure to comply with the municipal’s standards for operation, or the program's operation presents a danger to public health, safety, or welfare.

Remote Learning Parent Cooperatives. The EEC will provide for the creation of remote learning parent cooperatives that will permit an organized plan between a group of families in which children who are enrolled in school are supervised by one of their parents or guardians during the hours of a school day while attending remote learning instruction. A remote learning parent cooperative may operate without applying to or obtaining a license, approval, or exemption from the EEC, and is not subject to Section 2 of this Order.

A "remote learning parent cooperative" is an arrangement between parents or guardians to provide for supervision, care, and educational supp0rt services during the hours of the regular school day to children not of common parentage enrolled in school and attending remote learning instruction who are:

• in kindergarten and are of age to enter first grade the following year; or

• a child 14 years old or younger, or a child 16 year old or younger who has special needs.

A remote learning parent cooperative must:

• consist of no more than 5 families;

• have a parent or guardian of a participating child on-site at all times, and in addition to, may employ a non-custodial individual to support remote learning during the hours of a regular school day;

• not compensate any parent or guardian for that person's time caring for children or supporting education. However, parents or guardians may exchange monetary funds directly related to materials or supplies, including food, necessary to supp0rt the remote learning.

An arrangement between parents or guardians to provide for the supervision of children not of common parentage that does not meet the definition of a remote learning parent cooperative is subject to the EEC licensing and exemption.

The EEC is permitted to issue policies, procedures, requirements, rules, and guidance as necessary to provide for the creation of remote learning parent cooperatives. A remote learning parent cooperative is subject to the limitation on gatherings established in COVID-19 Order No. 46 (available here) or any subsequent, superseding executive order regulating gatherings in the Commonwealth.

This Order is effective immediately and shall remain in effect until rescinded or until the state of emergency is ended, whichever occurs first.

Government or Lead Agency

Office of the Governor

Department of Early Education and Care

Eligibility Requirements/Restrictions

None in addition to those mentioned above.

Application Deadlines (If Applicable)

Not applicable.

List of Additional Information

The Order can be found here.