Delaware 2023 2023-2024 Regular Session

Delaware Senate Bill SB305 Draft / Bill

                    SPONSOR:      Sen. Sturgeon & Sen. Lockman & Rep. Heffernan & Rep. Romer       Sens. Hoffner, S. McBride, Sokola; Reps. Morrison, Parker Selby           DELAWARE STATE SENATE   152nd GENERAL ASSEMBLY       SENATE BILL NO. 305       AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EARLY CHILDHOOD EDUCATION.      

     

     SPONSOR:      Sen. Sturgeon & Sen. Lockman & Rep. Heffernan & Rep. Romer       Sens. Hoffner, S. McBride, Sokola; Reps. Morrison, Parker Selby     

SPONSOR: Sen. Sturgeon & Sen. Lockman & Rep. Heffernan & Rep. Romer
Sens. Hoffner, S. McBride, Sokola; Reps. Morrison, Parker Selby

 SPONSOR:  

 Sen. Sturgeon & Sen. Lockman & Rep. Heffernan & Rep. Romer 

 Sens. Hoffner, S. McBride, Sokola; Reps. Morrison, Parker Selby 

   

 DELAWARE STATE SENATE 

 152nd GENERAL ASSEMBLY 

   

 SENATE BILL NO. 305 

   

 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EARLY CHILDHOOD EDUCATION. 

   

  BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:   Section 1. Amend 3001, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating Delaware Code provisions accordingly:    3001.   State Early Childhood Education Program .   (a) For purposes of this section:   (1) Department means the Department of Education.    (2) Full day means a minimum of 6 hours per day and at a minimum of 180 days per year.   (3) Preschool-age child means a child who is not yet attending kindergarten or a higher grade.    (a)   (b)  The Department  of Education shall be   is  authorized to provide early childhood educational services to eligible children,  which shall include preschool age children who live in poverty,   as defined by the Department,  using  such  funds  as are  appropriated by the General Assembly for that purpose.    (c) Subject to the availability of appropriations, the Department shall provide free, full-day early childhood educational services for preschool-age children who satisfy the eligibility requirements developed by the Department.   (d) The early childhood educational services under subsection (c) of this section must be high quality and align with the quality standards developed under paragraph (g)(1) of this section in all the following categories:    (1) Learning environment and curriculum.   (2) Qualifications and professional development.    (3) Family and community partnerships.    (4) Management and administration.   (b)   (e) (1)  The Department  of Education  shall provide the early childhood educational services by contracting with public and private providers,  including, but not limited to,   including  providers administering federal Head Start programs within  the State; provided however, that state   this State.    (2) State  funds paid to  such   the  contracting providers  shall not   may not  be used to supplant  state and/or federally   State- or federally  funded programs or to make a federal Head Start provider ineligible for a Head Start expansion grant.    (3)   All contracts may be in place for a period not to exceed 3 years; provided that   A contract under this paragraph may be in place for up to 5 years, including renewals, if  there is sufficient funding contained within the annual appropriations act and the contractor adheres to  the required Head Start performance standards, which include parental involvement and receipt of acceptable monitoring results which will be completed at least once during the contract period.   program standards, as defined by the Department.    (4) A contract under this paragraph must comply with State procurement requirements under Chapter 69 of Title 29.    (c)   (f)  Each contracting provider  will be required to   shall  establish written agreements within the providers respective service area with  their   the providers  local Head  Start and/or other   Start, other  Early Childhood  Initiative   Initiative  contracting provider , or both,   as well as the local school district, to address issues  including, but not limited to,   including  service areas, recruitment, transition of children and  families   families,  and sharing resources and information.   (d)   (g)  The Department  of Education  shall establish  Delaware Stars for Early Success,  a quality  rating and  improvement system.  Such rating   The quality improvement  system  shall   must  measure the level of quality of service provided by an early care and education program to safeguard and ensure the growth, development, and learning of the children. The  rating and   quality  improvement system  shall:  must do all of the following:   (1) Establish quality standards that build upon the child care licensing regulations and include quality standards in the categories of learning environment and curriculum, qualifications and professional development, family and community partnerships, and management and administration. The Department  of Education  shall ensure that  Delaware Stars for Early Success   the quality improvement system  standards are consistent with the regulations of the Office of Child Care Licensing.   (7) Establish public-private partnerships to implement and sustain the quality  rating and  improvement system including state agencies, higher education, adult education programs, early childhood  organizations   organizations,  and  community   community- based agencies.   (8) Evaluate  Delaware Stars for Early Success   the quality improvement system  to ensure continuous improvement of the system.   (e)   (h)  The Interagency Resource Management Committee (IRMC)  shall have   has  administrative responsibility for all appropriations made to the Department  of Education pursuant to   under  this section.  Such   This  administrative responsibility  shall include, but not be limited to:  includes all of the following:   (1) Determining unserved and underserved areas within the State, to be addressed in any given year.  Such   These  identified areas will be specified within the Request for Proposal (RFP) issued to prospective  providers;  providers.   (2) Reviewing, recommending and disbursing grant awards for contracts to qualifying providers to deliver early childhood educational services to preschool-age children who live in  poverty;  poverty.   (3) Reallocating unobligated or unspent appropriations made to the Department  of Education pursuant to this section; and  under this section.   (4) Verifying that the contracting providers use  state   State  funds paid to them for the purposes specified in their contracts.   (f)   (i)  All public and private providers contracting with the Department  of Education pursuant to this section   under this section  shall ensure that  each and  every employee receives a minimum of 1 hour of training every year in the detection and reporting of child abuse.  Such training, and all materials used in such training, shall be prepared by the Division of Family Services.   The Division of Family Services shall prepare this training, and all materials used in the training.   Section 2. Amend 3004, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:    3004. Meetings; organizational structure.   The Delaware Early Childhood Council (ECC) shall convene regularly-scheduled meetings at least 6 times annually. The ECC may form an executive committee from its members and other subcommittees. The ECC may form standing subcommittees  including, but not limited to:   including  professional development, quality  rating and  improvement system, data, and higher education. The ECC shall fulfill all the responsibilities designated under  the above-referenced federal legislation   the federal Improving Head Start for School Readiness Act of 2007 [P.L. 110-134] et seq.,  for the States Advisory Council on Early Childhood Education and Care.      

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: 

 Section 1. Amend 3001, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating Delaware Code provisions accordingly: 

  3001.   State Early Childhood Education Program . 

 (a) For purposes of this section: 

 (1) Department means the Department of Education.  

 (2) Full day means a minimum of 6 hours per day and at a minimum of 180 days per year. 

 (3) Preschool-age child means a child who is not yet attending kindergarten or a higher grade.  

 (a)   (b)  The Department  of Education shall be   is  authorized to provide early childhood educational services to eligible children,  which shall include preschool age children who live in poverty,   as defined by the Department,  using  such  funds  as are  appropriated by the General Assembly for that purpose.  

 (c) Subject to the availability of appropriations, the Department shall provide free, full-day early childhood educational services for preschool-age children who satisfy the eligibility requirements developed by the Department. 

 (d) The early childhood educational services under subsection (c) of this section must be high quality and align with the quality standards developed under paragraph (g)(1) of this section in all the following categories:  

 (1) Learning environment and curriculum. 

 (2) Qualifications and professional development.  

 (3) Family and community partnerships.  

 (4) Management and administration. 

 (b)   (e) (1)  The Department  of Education  shall provide the early childhood educational services by contracting with public and private providers,  including, but not limited to,   including  providers administering federal Head Start programs within  the State; provided however, that state   this State.  

 (2) State  funds paid to  such   the  contracting providers  shall not   may not  be used to supplant  state and/or federally   State- or federally  funded programs or to make a federal Head Start provider ineligible for a Head Start expansion grant.  

 (3)   All contracts may be in place for a period not to exceed 3 years; provided that   A contract under this paragraph may be in place for up to 5 years, including renewals, if  there is sufficient funding contained within the annual appropriations act and the contractor adheres to  the required Head Start performance standards, which include parental involvement and receipt of acceptable monitoring results which will be completed at least once during the contract period.   program standards, as defined by the Department.  

 (4) A contract under this paragraph must comply with State procurement requirements under Chapter 69 of Title 29.  

 (c)   (f)  Each contracting provider  will be required to   shall  establish written agreements within the providers respective service area with  their   the providers  local Head  Start and/or other   Start, other  Early Childhood  Initiative   Initiative  contracting provider , or both,   as well as the local school district, to address issues  including, but not limited to,   including  service areas, recruitment, transition of children and  families   families,  and sharing resources and information. 

 (d)   (g)  The Department  of Education  shall establish  Delaware Stars for Early Success,  a quality  rating and  improvement system.  Such rating   The quality improvement  system  shall   must  measure the level of quality of service provided by an early care and education program to safeguard and ensure the growth, development, and learning of the children. The  rating and   quality  improvement system  shall:  must do all of the following: 

 (1) Establish quality standards that build upon the child care licensing regulations and include quality standards in the categories of learning environment and curriculum, qualifications and professional development, family and community partnerships, and management and administration. The Department  of Education  shall ensure that  Delaware Stars for Early Success   the quality improvement system  standards are consistent with the regulations of the Office of Child Care Licensing. 

 (7) Establish public-private partnerships to implement and sustain the quality  rating and  improvement system including state agencies, higher education, adult education programs, early childhood  organizations   organizations,  and  community   community- based agencies. 

 (8) Evaluate  Delaware Stars for Early Success   the quality improvement system  to ensure continuous improvement of the system. 

 (e)   (h)  The Interagency Resource Management Committee (IRMC)  shall have   has  administrative responsibility for all appropriations made to the Department  of Education pursuant to   under  this section.  Such   This  administrative responsibility  shall include, but not be limited to:  includes all of the following: 

 (1) Determining unserved and underserved areas within the State, to be addressed in any given year.  Such   These  identified areas will be specified within the Request for Proposal (RFP) issued to prospective  providers;  providers. 

 (2) Reviewing, recommending and disbursing grant awards for contracts to qualifying providers to deliver early childhood educational services to preschool-age children who live in  poverty;  poverty. 

 (3) Reallocating unobligated or unspent appropriations made to the Department  of Education pursuant to this section; and  under this section. 

 (4) Verifying that the contracting providers use  state   State  funds paid to them for the purposes specified in their contracts. 

 (f)   (i)  All public and private providers contracting with the Department  of Education pursuant to this section   under this section  shall ensure that  each and  every employee receives a minimum of 1 hour of training every year in the detection and reporting of child abuse.  Such training, and all materials used in such training, shall be prepared by the Division of Family Services.   The Division of Family Services shall prepare this training, and all materials used in the training. 

 Section 2. Amend 3004, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows: 

  3004. Meetings; organizational structure. 

 The Delaware Early Childhood Council (ECC) shall convene regularly-scheduled meetings at least 6 times annually. The ECC may form an executive committee from its members and other subcommittees. The ECC may form standing subcommittees  including, but not limited to:   including  professional development, quality  rating and  improvement system, data, and higher education. The ECC shall fulfill all the responsibilities designated under  the above-referenced federal legislation   the federal Improving Head Start for School Readiness Act of 2007 [P.L. 110-134] et seq.,  for the States Advisory Council on Early Childhood Education and Care. 

   

  SYNOPSIS   This Act streamlines and modernizes the State Early Childhood Education Program in 3001 of Title 14, also referred to as State-funded early care and education, as follows:   (1) Adds definitions.   (2) Provides the Department of Education (Department) with a general grant of authority to provide early childhood educational services.   (3) Subject to available appropriations, 3001(c) of this Act requires the Department to provide free, full-day early childhood educational services for preschool-age children who satisfy eligibility requirements developed by the Department. This provision incorporates elements of epilogue language from the FY 2024 Annual Appropriation Act regarding the Redding Consortium and the Early Childhood Assistance Program (ECAP).    (4) Allows for common standards and processes across programs.    (5) Requires the early childhood educational services under 3001(c) to align with quality standards in the categories of learning environment and curriculum, qualifications and professional development, family and community partnerships, and management and administration.    (6) Aligns the length of contracts with the Head Start program, while clarifying that contracts under this section must comply with State procurement standards under Chapter 69 of Title 29.   (7) Updates the Code to reflect that the Department uses a quality improvement system instead of Delaware Stars for Early Success.       This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual and for clarity.      Author: Senator Sturgeon  

 SYNOPSIS 

 This Act streamlines and modernizes the State Early Childhood Education Program in 3001 of Title 14, also referred to as State-funded early care and education, as follows: 

 (1) Adds definitions. 

 (2) Provides the Department of Education (Department) with a general grant of authority to provide early childhood educational services. 

 (3) Subject to available appropriations, 3001(c) of this Act requires the Department to provide free, full-day early childhood educational services for preschool-age children who satisfy eligibility requirements developed by the Department. This provision incorporates elements of epilogue language from the FY 2024 Annual Appropriation Act regarding the Redding Consortium and the Early Childhood Assistance Program (ECAP).  

 (4) Allows for common standards and processes across programs.  

 (5) Requires the early childhood educational services under 3001(c) to align with quality standards in the categories of learning environment and curriculum, qualifications and professional development, family and community partnerships, and management and administration.  

 (6) Aligns the length of contracts with the Head Start program, while clarifying that contracts under this section must comply with State procurement standards under Chapter 69 of Title 29. 

 (7) Updates the Code to reflect that the Department uses a quality improvement system instead of Delaware Stars for Early Success.  

  

 This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual and for clarity. 

  

 Author: Senator Sturgeon