Effective July 13, the Administration for Children and Families will several Biden-era that sought to create more predictable, reliable payments to childcare providers. These include paying providers based on a child鈥檚 enrollment, rather than their attendance, which protects them against financial losses from unplanned events such as illness and family travel, as well as making subsidy payments in advance, rather than reimbursing providers the following month.

Both practices help to stabilize the industry by giving programs consistent revenue that allow them to plan and budget month over month, providers and experts said. 

Although the requirements will be rescinded, states will still have the option to pay based on enrollment and in advance of services 鈥� just as families who pay privately for child care have long done. There is nothing in the new rules to prevent states from continuing or starting those payment practices, noted Helene Stebbins, executive director of the Alliance for Early Success, a nonprofit that supports early childhood advocates across the 50 states. 

鈥淚t doesn鈥檛 require it, but it doesn鈥檛 prevent it from happening,鈥� she said. 鈥淵ou can 100% still do it.鈥�

But without the requirement, it鈥檚 likely that some states will reverse course. Already, three states 鈥� , Ohio and 鈥� have paused efforts to implement or extend enrollment-based pay, noted Daniel Hains, chief policy and professional advancement officer at the National Association for the Education of Young Children. 

鈥淚t鈥檚 one of those things that, absent that requirement, and given the fiscal situation states are in, states are not going to prioritize these changes if they’re not required to,鈥� said Hains, 鈥渁nd that鈥檚 going to have a negative impact on providers and, ultimately, families.鈥�

Currently, about now pay providers based on enrollment, according to an analysis from the First Five Years Fund that was published in March, while the other half still pay based on attendance. At least 10 states are paying providers up front for childcare subsidies, rather than in arrears, according to policy tracking from NAEYC. 

The particulars of how and when a provider gets paid can seem like a technicality, but to an early care and education program operator, that may be the difference between financial solvency and ruin. 

The administration first announced these proposed rule changes in early January, before opening up the issue to public comments. NAEYC included more than a dozen provider voices in its to the U.S. Department of Health and Human Services, which oversees ACF.

A program director in Louisiana explained why the Biden-era policies help to keep her in business.

鈥淒uring cold and flu season, if childcare providers were only paid based on attendance rather than enrollment, many of us simply would not survive the winter,鈥� the director wrote. 鈥淢ost of our families have multiple children, and when one child gets sick, it often spreads through the entire household. Enrollment-based pay is the only model that reflects the real cost of maintaining stable staffing, ratios, and operations.鈥�

A program director in Kansas wrote, 鈥淐hildcare is a tough job. Providers don’t need any additional obstacles. 鈥� Having to wait for reimbursement for a month or more can have a significant impact on a provider’s financial well-being in their program.鈥�

And a director in Maine pointed out that a child whose spot is funded by subsidies should not be treated any differently than one from a family who is paying private tuition. 鈥淲e cannot predict attendance,鈥� she wrote. 

The Maine director鈥檚 point is one that motivated the Biden administration鈥檚 2024 rules, Hains said. The in 1990 establishing the Child Care and Development Block Grant, which authorizes the CCDF, sought to have states鈥� subsidy payment practices 鈥渞eflect generally accepted payment practices of childcare providers鈥� who receive payments privately from families, to maximize choices among low-income families seeking care, Hains explained. The Biden rules to get states back in compliance with that original intent. 

Stebbins, of the Alliance for Early Success, said she couldn鈥檛 think of a single other industry that operates in the way that early care and education does. 

鈥淚t鈥檚 Business 101,鈥� she said. 鈥淚 paid for two kids in childcare. I always paid in advance. I paid if they were sick or we went on vacation. Why is this such a big leap?鈥�

Now that this issue is being returned to the states, she said, it鈥檚 on policy advocates and the early childhood community to help make the case to state leaders why enrollment-based pay and prospective pay are so essential. 

鈥淚t鈥檚 good for the field 鈥� because it creates a stable, predictable source of income, and it is aligned with how private pay works in the industry,鈥� Stebbins explained, laying out the argument. 鈥淚t treats kids who are on subsidy 鈥� low-income children 鈥� just like everybody else.鈥� 

Those outcomes, she added, have ripple effects across communities and entire states. 

鈥淎 stable industry is good for the kids and the programs. There鈥檚 less turnover and uncertainty about income,鈥� she said. 鈥淚t鈥檚 good for the state economy because it allows parents to work.鈥�

On the other hand, attendance-based payments may disincentivize programs from accepting families who pay with subsidies altogether, said Casey Peeks, senior director for early childhood policy at the Center for American Progress, a left-leaning think tank. 

The enrollment-based pay and prospective pay are only two of the 鈥渇our critical levers to improving the sector鈥� that the Trump administration is rolling back, Peeks said. The third is the use of grants and contracts to provide direct childcare services, which allow states to enter into agreements with providers to reserve slots for certain populations of children. The reversal of that practice may mean that some families, particularly those with infants and children with disabilities, could have more trouble finding slots for their child. And the final lever is capping the maximum amount a family can pay out-of-pocket for childcare, which the Biden-era rule set to 7% of household income, based on federal affordability standards. 

The co-pay limit isn鈥檛 perfect, Peeks acknowledged, but 鈥渋t gives this peace of mind to know how much you鈥檙e going to pay,鈥� she said. 

In Ohio, one of the that has not yet capped co-pays at 7%, the limit is 27% of income, which can be crushing for some families. 

鈥淚 think knowing how much of a burden this [childcare] expense is 鈥� it rivals mortgage payments and rent payments 鈥� to take away a lever that exists for affordability and offer no alternatives puts families who are already struggling in a really difficult spot,鈥� Peeks said.

Constitutions are powerful, both practically and symbolically. After the Civil War, as Congress was debating what defeated Confederate states must do to rejoin the Union, a surprising requirement rose to the top. When Southern states rewrote their constitutions, they were expected to include voting rights 鈥� but also . Some years later, in 1881, then-President James Garfield inveighed on the importance of these rights . 鈥淭he voters of the Union, who make and unmake constitutions, and upon whose will hang the destinies of our governments, can transmit their supreme authority to no successors save the coming generation of voters, who are the sole heirs of sovereign power,鈥� he said. 鈥淚f that generation comes to its inheritance blinded by ignorance and corrupted by vice, the fall of the Republic will be certain and remediless.鈥� Garfield concluded that, 鈥淔or the North and South alike there is but one remedy. All the constitutional power of the nation and of the States and all the volunteer forces of the people should be surrendered to meet this danger by the savory influence of universal education.鈥�

By universal education, of course, Garfield was largely excluding the early years 鈥� but we now understand how inextricable early childhood experiences are from any desired child outcomes. While more states are moving in the direction of dedicated funding sources for child care (and in 2022, New Mexico even passed a constitutional amendment that committed funding to early education), none have yet tapped the ultimate forcing function: passing a constitutional amendment establishing a right to child care.

In practice, a constitutional right to child care would likely mean that every child in the state would be entitled to 鈥� and guaranteed access to 鈥� a child care slot. There would be protections in place to ensure that right. For example, every state has a , so if a resident鈥檚 local public school district refuses to enroll a child, or tries to charge a fee for enrollment, a parent or guardian can take the district to court 鈥� and will likely win. It鈥檚 important to note that a hypothetical right to child care does not necessarily mean child care services must be government run, merely government funded; an amendment could be written in a way that maintains a mixed-delivery system including a variety of center- and home-based settings.

There are only a few instances in which early childhood has been addressed by state constitutions, and most of them focus solely on pre-K rather than a comprehensive child care system. Still, they鈥檙e notable. The most clear-cut example comes from Florida. As Aaron Loewenberg of the think tank New America explained , 鈥淚n November 2002, Florida voters voted by a 59 to 41 percent margin to approve a constitutional amendment making their state the first in the nation to grant four-year-olds a state constitutional right to pre-K. The Florida Constitution that, 鈥楨very four-year old child in Florida shall be provided by the State a high quality pre-kindergarten learning opportunity in the form of an early childhood development and education program which shall be voluntary, high quality, free, and delivered according to professionally accepted standards.鈥欌�� 

In New Jersey, meanwhile, a decades-long legal battle known as 鈥� though not resulting in a right to child care 鈥� ended with courts requiring the state to make major pre-K investments in low-income counties as a matter of educational equity. And New Mexico鈥檚 2022 involved dedicating a portion of the state鈥檚 Land Grant Permanent Fund to early childhood education. While it was a major win for the state, there鈥檚 an important distinction to make: the amendment created a stable funding pathway that powered the 2025 policy which expanded free child care eligibility, but did not establish a right to child care because the state legislature isn鈥檛 obligated to fully fund the system or guarantee a slot. 

It鈥檚 also important to recognize that establishing a constitutional right to child care doesn鈥檛 guarantee that the service is high-quality or that service providers are well compensated. There have been long-running battles in states from to where the courts tell the legislature they need to put more money into the state鈥檚 public education system, and the legislature pushes back or refuses. Similarly, Florida鈥檚 pre-K amendment has had a rocky translation into practice: as Loewenberg notes, Florida鈥檚 program 鈥渉as fallen short of the lofty goals announced upon the amendment鈥檚 passage. The good news is that sixty-eight percent of the state鈥檚 four-year-olds were enrolled 鈥� during the 2021-2022 school year, making Florida second in the nation when it comes to pre-K access for four-year-olds. However, the state only spends about $2,200 per child, making Florida 43rd out of 46 states when it comes to per pupil pre-K spending,鈥� leading to many quality concerns. Often, the state only covers three to four hours of pre-K per day. 

Still, constitutionally-protected services present a stark contrast to America鈥檚 largely pay-to-play child care system in terms of access and cost. A constitutional right is also extraordinarily difficult to remove once enshrined, and when a state establishes this kind of entitlement, it conveys a sense of values that can shape how society perceives an issue. It is perhaps unsurprising that many of the European nations with strong child care infrastructures, from Finland to Germany, have crafted their systems within . Thus, the very debate over whether child care should be a constitutional right could in and of itself help reshape public opinion.

Realistically, amending state constitutions . In many states, the process is arduous and requires action by state legislatures that may be reluctant to obligate themselves to fund a new entitlement. That said, child care champions would do well to consider state constitutional amendments as a long-term strategy. If child care undergirds strong children, strong families and strong communities, then it would call on a great American tradition to assert the need for constitutional authority enshrining the savory influence of universal child care.

Keeping to this ambitious timeline has depended on more than picking a location and making sure the facility meets regulatory standards. The initiative鈥檚 success depends on building a strong, sustainable workforce. It鈥檚 not just finding talented, certified early educators and getting them to show up on opening day, but creating a plan to retain them year over year. 

In light of an uncertain economy and a number of systemic factors, achieving this goal may be easier said than done. 鈥淲e recognize many organizations have experienced challenges in attracting educators. Fewer people are entering the field, which makes it even more important to invest in developing and supporting those who choose this career,鈥� said Beth Kroutch, human resources director for Catherine Hershey Schools for Early Learning. 

With three centers already open and three set to open by fall 2027, Kroutch stressed the importance of planning ahead and forging partnerships. One approach her team has taken, she said, 鈥渋s to reach out proactively to local colleges and universities in advance to talk about our organization, engage in a partnership and make a connection that hopefully shows benefits to both parties.鈥� In addition to developing partnerships with local higher education institutions, the Catherine Hershey Schools have an internship program for high school students that offers a pathway to employment. She also described other recruitment strategies such as social media and career fairs. 

Kroutch is right. Other early learning leaders are feeling the pain, too. 鈥淚 spend most of my waking hours contemplating this topic,鈥� said Rhian Allvin, founder of , a network of three centers 鈥� two in northern Virginia and one in Washington, D.C. It was never easy to attract talent to a profession with low wages, poor or nonexistent benefits and minimal opportunities for career advancement. And it鈥檚 a challenge to keep early educators in the field. Physical demands, long hours and emotional stress of the work all contribute to a in early childhood education.

A dramatic intensification of immigration enforcement has exacerbated these challenges. A considerable segment of the early care and education workforce are immigrants 鈥� at least 21% nationwide, according to published by the Center for the Study of Child Care Employment (CSCCE) at the University of California, Berkeley. With the of protections limiting federal immigration arrests around sensitive sites, about immigration raids on schools and child care programs have escalated and many providers are faced with difficult decisions like .

Felicia Jones Taylor, co-founder of , a consultancy that provides technical assistance to child care centers, underscored the impact of immigration policies on early educators. 鈥淚mmigrants came from their countries with transferable skills. They have experience working with children, but there are barriers preventing them from participating in this workforce,鈥� she said. 

More than other workplaces, child care centers are protective communities that support kids and families, said Lauren Hogan, managing director of policy and professional advancement at the National Association for the Education of Young Children (NAEYC). When educators are afraid, it affects the whole community.

Amid major workforce challenges, developing creative approaches to recruiting and retaining qualified child care staff has become increasingly important, early learning leaders said. Wages came up again and again as the most powerful recruitment tool. The child care , which is predominantly female and often women of color, has long endured . Unless and until things change, compensation will remain a leading reason why it鈥檚 hard to attract new talent, and why some experienced providers for higher-paying jobs. Caitlin McLean, a senior research specialist at CSCCE, summarized the problem: 鈥淵ou’ve invested that money in training people to work with kids and who probably would like to work with kids, but they end up leaving.鈥� While the profession is rewarding, she noted, it is also demanding, and the supports that might keep them on the job aren鈥檛 always readily available.

of child care providers are considering leaving the workforce. that increasing pay reduces turnover and some programs have raised wages. The , a child care program that arose in Austin, Texas, in 2018, with a drop-in care model to offer flexibility for families, pays its educators $28 per hour, according to the center鈥檚 founder Choquette Hamilton. That鈥檚 nearly twice , according to the U.S. Bureau of Labor Statistics. To make this level of compensation possible, Hamilton said the center uses a braided funding model including support from the city of Austin鈥檚 . 

The choice to prioritize compensation was intentional. 鈥淭hat rate was a decision from the beginning,鈥� said Hamilton. 鈥淭he educators do feel respected and valued. All of our recruitment has come from word of mouth, so they definitely tell their friends, but sadly, it still isn’t enough, because the work is not full-time at that rate.鈥� She explained that many of their educators work part time and are gig workers who piece together their livelihoods working multiple jobs. 

While compensation is key, leaders said a thoughtful recruitment and retention strategy goes beyond the paycheck. 鈥淭here are lots of ways that directors demonstrate, in partnership with the families, just how much they really appreciate the work that the early childhood educators are doing,鈥� explained NAEYC鈥檚 Hogan. She cited Children鈥檚 Village, a nonprofit preschool in Philadelphia, as an example of a program illustrating that appreciation by for employees including health care, vacation, sick leave and a retirement plan. 鈥淢ost of our educators do not have access to that,鈥� she said. 鈥淭hat demonstrates caring for them in a real way, thinking about their long-term well-being.鈥� Hogan also pointed to the for child care workers to access child care for their own children, and said, 鈥淚t has definitely had an impact on recruitment and retention, helping staff come in and stay and feel supported.鈥� 

In addition to improving working conditions and pulling levers that make the field more hospitable, building a robust pipeline of candidates is also crucial. Keeping a full staff in place often means recruiting more people than you think you might need, but even in the rare instances when a child care program is able to offer and sustain higher pay and good benefits for employees, there are other factors that make it hard to hire and keep employees. Candidates are juggling personal and professional stressors that often shape their decisions. 

Allvin described frequent instances in which an educator will get through the screening part of the hiring process at Brynmor, but fail to show up for the interview. 鈥淲e don’t ever hear from them again,鈥� she says. 鈥淚t happens all the time.鈥� 

One point all leaders were sure to make is that community is key to retention, but building it takes time. The first year is critical, leaders said. Once staff see the investment, culture and support, they’re more likely to stay long term.

鈥淵ou lose people mostly within the first six months,鈥� said Allvin. Keeping the turnover rate under 20% per year has been a steady challenge. She expressed relief that after two years at her flagship site in Lorton, Virginia, the center finally has no openings to fill.

Kroutch said that because there are a number of Catherine Hershey Schools for Early Learning, her team has been able to show potential staff members for new locations what the culture is like by inviting them to open house events at existing sites. Meeting candidates in person is important, Kroutch said. It鈥檚 a first step in building community. 

In the face of staffing challenges, many child care professionals who are responsible for hiring and maintaining staff, have adopted an all-of-the-above approach, and have maintained optimism in spite of the odds. 鈥淛ust because the system is broken,鈥� Hogan mused, 鈥渄oes not mean that it is beyond fixing.鈥�