Rules are essential.
But too many rules can stymie growth, the people tasked with expanding New Mexico’s budding universal childcare system say.
Dozens of childcare providers, advocates and educators gathered Thursday at the state’s PERA Building to give feedback during an hourslong hearing on several rule changes proposed by the early childhood department last month.
Many expressed concerns that the agency’s proposals, which include new requirements for how providers should spend their state subsidies and report information, would violate the privacy of workers, fail to ensure they receive raises and hinder the expansion of businesses — and, by extension, the state’s universal childcare system.
“The message these regulations send to someone like me is not ‘Come help us expand childcare,’ ” said Amanda Baca, who will direct a new childcare center opening in Los Lunas, possibly next year. “The message is, ‘Think twice before you open your doors.’ ”
New Mexico Early Childhood Education and Care Department spokesperson Julia Sclafani applauded providers’ and advocates’ efforts to improve the state’s universal childcare system through their public comments, adding the agency will review and consider the feedback as it nears finalizing the rule changes.
She did not, however, answer questions requesting comment on the public commenters’ specific concerns.
“ECECD deeply appreciates the high level of engagement demonstrated during today’s hearing,” Sclafani wrote in an emailed statement. “The thoughtful participation from providers, advocates, and families plays an essential role in shaping policies that support positive outcomes for children, enhance family wellbeing and strengthen New Mexico’s early childhood system.”
‘One-size-fits-all’?
The proposed rule changes largely reflect modifications to state administrative code prescribed by a significant funding bill passed by lawmakers earlier this year, Senate Bill 241. In addition to guaranteeing $700 million for state-subsidized childcare assistance over the coming several years, the bill set out a number of other components defining New Mexico’s budding universal childcare system, including reporting requirements for providers, funding guardrails if the state’s economy takes a turn and groundwork for a wage scale.
Chief among providers’ concerns is a proposed requirement that they use at least 57% of the reimbursement rates paid to them by the state through its universal childcare assistance program on the salaries and benefits of workers. Specifically, that portion of the providers’ reimbursements would be required to be used to pay directors, assistant directors, teachers, substitute teachers, administrative support personnel and “floaters” — educators who cover classrooms during breaks.
Providers say imposing such a rigid budgeting structure would hamstring their businesses, especially among childcare facilities with employees who do not fall into the categories laid out in the proposals, like human resources directors, kitchen staff and others.
“This proposed regulation goes too far by tying the hands of private businesses. Quality childcare is only possible with a full team — health and safety coordinators, chefs who prepare nutritious meals, maintenance teams who ensure safe environments, HR professionals who recruit and retain qualified staff, and administrators who keep complex regulations in check,” said Crystal Romero, owner of New Mexico Early Learning Academy.
She added, “A one-size-fits-all payroll formula ignores the reality of running safe, high-quality early learning programs.”
The early childhood department noted when the proposed rule changes were published that the agency is required by SB 241 to set the portion of reimbursement rates that is to be used for employees’ compensation. Sclafani wrote at the time that “the proposed 57% takes into consideration child care operators’ expenses.”
Privacy concerns
Workers and providers also expressed concerns about requirements proposed by the state for childcare facilities to report several pieces of information related to their employees, including their names, positions, dates of hiring and termination, and documentation of background checks.
The proposal would also require providers to report more sensitive information, like results of performance evaluations, reprimands and, in a separate section, staff members’ salaries, benefits and professional qualifications. That information would in part help the early childhood department to track the implementation of a wage and career ladder — a framework long pushed for by advocates that would allow workers to earn fairer pay based on their expertise and allow them to advance in their careers as they gained education credentials and experience.
But many on Thursday also expressed concerns that the reporting of such sensitive information would make it public record, and thus subject to New Mexico’s Inspection of Public Records Act.
Sclafani did not answer a question seeking to verify whether that was accurate.
Still, for Brianna Humada, a quality coordinator at A Gold Star Academy & Child Development Center in Farmington who also has children enrolled at the facility, the concern that anyone could access information about her family is very real.
“It would be free game, and nothing would be redacted,” she said in an interview. “That puts not only me at risk … but it also puts my children at risk.”
Wage, career ladder
Some advocates have also expressed concerns that the state’s proposals do not go far enough to ensure the wage and career ladder is actually enforced.
The rule changes would require providers to report their staff members’ roles and levels under the framework to the state. However, Olga Grays, a home-based childcare provider and a member of advocacy organization OLÉ New Mexico, has proposed that the state randomly audit 5% to 10% of childcare providers to ensure they use childcare assistance subsidies on fair compensation through the wage and career ladder.
Grays said she encourages the early childhood department to “establish a system that verifies employees are actually receiving the wages they have been promised.”
“Accountability is essential to making sure these public investments reach the educators they were intended to support,” she said.
