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Regular Session, 2013
SENATE BILL NO. 130
BY SENATORS APPEL, ALARIO, GUILLORY, LONG, MARTINY, NEVERS,
PEACOCK, RISER, GARY SMITH, TARVER, THOMPSON AND
WALSWORTH
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
EARLY CHILDHOOD ED. Creates the Early Childhood Care and Education Network and
the Tiered Kindergarten Readiness Improvement System. (gov sig)
AN ACT1
To amend and reenact R.S. 17:407.23, 407.24, and 407.25, to enact R.S. 17:407.26 and R.S.2
36:651(K), and to repeal R.S. 17:24.10, relative to early childhood care and3
education; to create the Early Childhood Care and Education Network and provide4
for the establishment of the Tiered Kindergarten Readiness Improvement System;5
to provide for criteria for membership in the network and participation in the6
kindergarten readiness system; to provide for withdrawal from and exemptions from7
membership in the network; to provide for educational program standards and8
alignment of such standards with licensure standards for certain child care centers9
and facilities; to provide for an accountability system for early childhood care and10
education programs; to provide for the responsibilities of the State Board of11
Elementary and Secondary Education, the state Department of Education, and other12
state agencies; to provide with respect to the allocation of public funding to members13
of the network and continued eligibility for such funding; to provide for an14
enrollment and registration system for early childhood care and educational15
programs and classes; to establish the Cecil J. Picard LA 4 Early Childhood Program16
as part of the network and provide relative to funding, participation criteria, and cost17 SB NO. 130
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to participate in LA 4 classes; to provide for the promulgation of rules; and to1
provide for related matters.2
Be it enacted by the Legislature of Louisiana:3
Section 1. R.S. 17:407.23, 407.24, and 407.25 are hereby amended and reenacted4
and R.S. 17:407.26 is hereby enacted to read as follows:5
§407.23. Early Childhood Care and Education Network; Tiered Kindergarten6
Readiness Improvement System; creation; participation;7
components; duties and responsibilities8
A. Not later than July 1, 2013, the State Board of Elementary and Secondary9
Education, hereinafter called the state board, shall create a comprehensive and10
integrated network through which to manage and oversee all programs funded11
through state or federal resources that provide early childhood care or educational12
services.13
B. To facilitate the creation of this network, the state board shall:14
A.(1) The Early Childhood Care and Education Network is hereby15
created to manage, coordinate, and oversee all publicly funded programs that16
provide early childhood care or educational programs to children from birth17
to age five.18
(2) The network shall be administered by the State Board of Elementary19
Education through the state Department of Education.20
B.(1) Except as provided in R.S. 17:407.26, effective January 1, 2014, all21
public schools and school districts, state-approved nonpublic schools, child care22
centers and facilities licensed by the state, and other qualified entities that23
receive public funding and provide child care and educational programs to24
children from birth until age five shall be members of the network and shall25
participate in the Tiered Kindergarten Readiness Improvement System as26
provided in Subsection C of this Section.27
(2) The state board shall establish a process by which any public or28
approved nonpublic school, child care center or facility, or other qualified entity29 SB NO. 130
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that is not otherwise required to participate may join the Early Childhood Care1
and Education Network and participate in the Tiered Kindergarten Readiness2
Improvement System.3
C.(1) Not later than the beginning of the 2015-2016 school year, the state4
board shall establish and implement the Tiered Kindergarten Readiness5
Improvement System to establish common standards of kindergarten readiness,6
assess the quality of early child care and education programs serving children7
from birth to age five, provide information to parents and the public regarding8
the quality of early child care and education programs, services, and classes,9
and provide resources to support needed improvements in the provision of early10
child care and education programs.11
(2) Such system shall include:12
(1) Establish a (a) A definition of kindergarten readiness aligned with state13
content standards for elementary and secondary schools.14
(2) Establish performance (b) Performance targets for children under the age15
of three and academic standards for kindergarten readiness for three- and four-year16
old children to be used in publicly-funded early childhood education programs.17
(3) Create a (c) A uniform assessment and accountability system for publicly-18
funded early childhood education programs that includes a letter grade indicative of19
student performance the progress and performance of the children participating20
in the program.21
(d) Criteria for membership and continued participation in the Early22
Childhood Care and Education Network.23
(3)(a) The state board shall submit all plans and recommendations to24
implement the Early Childhood Care and Education Network to Louisiana's25
Early Childhood Advisory Council, the Childcare Association of Louisiana, and26
the nonpublic school council appointed by the board pursuant to R.S. 17:11, for27
review and comment.28
(b) Beginning with December 1, 2013, and continuing semi-annually29 SB NO. 130
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thereafter, the state board shall apprise Louisiana's Early Childhood Advisory1
Council, the Childcare Association of Louisiana, and the board's nonpublic2
school council regarding the implementation and ongoing progress of the Early3
Childhood Care and Education Network.4
(4) Coordinate D. The state board shall coordinate and collaborate with5
the Department of Children and Family Services and the Department of Health and6
Hospitals to align the standards for the licensing of child care child day care centers7
and facilities, including the requirements for participation in the Louisiana Quality8
Start Child Care Rating System, with the standards established for early childhood9
education programs pursuant to the Tiered Kindergarten Readiness10
Improvement System.11
(5) Establish a timeline for the creation and implementation of the early12
childhood care and education network that shall be fully implemented by the13
beginning of the 2015-2016 school year.14
C.(1) In creating this network, the state board, through the state Department15
of Education, shall work cooperatively and collaboratively with the Department of16
Children and Family Services and the Department of Health and Hospitals to17
establish a seamless early childhood educational system that is coordinated and18
integrated across all programs and related state agencies, regardless of public19
funding source.20
(2)(a) The state Department of Education shall submit the plans and21
recommendations formulated by the impacted agencies to Louisiana's Early22
Childhood Advisory Council, the Child Care Association of Louisiana, and the23
nonpublic school commission appointed by the state board pursuant to R.S. 17:11 for24
review and comment.25
(b) Each reviewing entity shall submit its comments and recommendations26
to the state Department of Education, which shall prepare a summary report to be27
submitted to the state board for its consideration not later than January 1, 2013.28
(3) By not later than March 1, 2013, the state board shall submit a written29 SB NO. 130
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report to each member of the legislature, the Senate Committee on Education1
secretary, and the House Committee on Education secretary on the status of2
development of the early childhood care and education network. Such report shall3
include but not be limited to any recommendations relative to changes in law or4
administrative policy needed to properly implement the network.5
E.(1) The state board shall, to the extent allowed by state and federal6
law, align and allocate funding to members of the network with the7
performance standards established by the board for the Tiered Kindergarten8
Readiness Improvement System. To maximize the braiding of funding streams9
across early child care and education programs, and thereby maximize access10
of at-risk children to high quality programs, the state board shall, to the extent11
allowed by state and federal law, align all program funding requirements. A12
member of the network that fails to meet the prescribed performance standards13
for four consecutive years will no longer be eligible to participate in the14
network, but may be reinstated upon meeting the criteria established by the15
state board.16
(2) The state board shall establish a transition process whereby the17
parent or legal guardian of a child registered or enrolled in a program or class18
offered by any network member that withdraws or loses eligibility to participate19
in the network has sufficient time to place their child with a participating20
network member.21
F. Any publicly funded provider of early childhood care or educational22
programs, services, or classes that does not wish to be a member of the network23
and participate in the Tiered Kindergarten Readiness Improvement System24
shall, not later than December first of each year, notify the Department of25
Education and the state agency through which they are licensed, in writing, that26
they will withdraw from the network and acknowledge that by doing so they27
may no longer be eligible to receive public funding.28
G.(1) The Department of Children and Family Services, the Department29 SB NO. 130
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of Health and Hospitals, and any other state agency that licenses child day care1
centers or facilities, shall notify the Department of Education on a regular basis,2
but not less than every six months, if the license of a child day care center or3
facility under their jurisdiction has lapsed or has been revoked.4
(2) A child day care center or facility that fails to maintain a current,5
valid license to operate shall not be eligible to be a member of the network, but6
may be reinstated at such time as the center or facility regains state licensure7
and meets any other requirements as established by the state board.8
H. The state board shall develop and implement a unified registration9
and enrollment system to facilitate family access to high quality early childhood10
care and educational programs, services, and classes offered by members of the11
network that shall be based upon program performance, supply and demand,12
and local need.13
I. Each member of the network and all public agencies that provide14
child care or education programs shall cooperate fully with the state board and15
the Department of Education and provide such information, data, and16
assistance as deemed necessary by the state board.17
§407.24. The Cecil J. Picard LA 4 Early Childhood Program; inclusion in18
Early Childhood Care and Education Network19
A. The Cecil J. Picard LA 4 Early Childhood Program shall be20
administered through the Early Childhood Care and Education Network and21
all classes taught through the program shall comply with all rules and22
regulations promulgated by the state board for participation in the network and23
the Tiered Kindergarten Readiness Improvement System.24
B. The Department of Education shall allocate funding, out of monies25
appropriated for such purpose, to any member of the network that applies for26
such funding and uses the funding solely for the purpose of providing early27
childhood development classes pursuant to The Cecil J. Picard LA 4 Early28
Childhood Program. Such classes shall be referred to in this Part as "LA 429 SB NO. 130
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classes".1
C.(1) LA 4 classes shall be made available through the unified2
registration and enrollment system for every eligible child for whom funding is3
available, provided that the child meets the requirements of law for4
immunization documentation required for regular school enrollment.5
(2)(a) LA 4 classes shall be provided at no cost, except for any applicable6
lunch cost, to the child or his family for any eligible child who is considered "at-7
risk" as defined by the state board.8
(b) Any other eligible child may be charged a tuition fee for all or part9
of the LA 4 class, in an amount not to exceed that necessary for the member of10
the network to provide the LA 4 class to the child.11
D. An otherwise eligible child who is considered "at-risk", as defined by12
the state board, shall be given preference in the unified registration and13
enrollment system developed pursuant to R.S. 17:407.23(I).14
§407.24. §407.25. Rules15
The State Board of Elementary and Secondary Education shall promulgate16
rules and regulations in accordance with the Administrative Procedure Act to17
implement the provisions of this Part. When promulgating such rules and18
regulations, the board shall minimize the financial and administrative impact19
on members of the Early Childhood Care and Education Network to the20
greatest extent possible.21
§407.25. §407.26. Applicability; limitation22
This Part shall not apply to :23
(1) early Early childhood programs and child care centers and facilities24
that receive public funds solely for food and nutrition assistance .25
(2) Early childhood programs and child care centers and facilities that26
are licensed by the state but do not receive public funding.27
(3) Child daycare centers or facilities that serve fewer than seven28
children.29 SB NO. 130
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Section 2. R.S. 36:651(K) is hereby enacted to read as follows:1
§651. Transfer of boards, commissions, departments, and agencies to Department of2
Education; boards, commissions, and agencies within Department of3
Education4
* * *5
K. The Early Childhood Care and Education Network (R.S. 17:407.236
et seq.) is placed within the Department of Education and shall exercise and7
perform its powers, duties, functions, and responsibilities as provided by law.8
Section 3. R.S. 17:24.10 is hereby repealed.9
Section 4. This Act shall become effective upon signature by the governor or, if not10
signed by the governor, upon expiration of the time for bills to become law without signature11
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If12
vetoed by the governor and subsequently approved by the legislature, this Act shall become13
effective on the day following such approval.14
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jeanne C. Johnston.
DIGEST
Appel (SB 130)
Present law requires the State Board of Elementary and Secondary Education (BESE) to
create an early childhood care and education network, by July 1, 2013, through which to
manage and oversee publicly-funded programs that provide early childhood educational
services, and to:
(1)Establish performance targets for children under the age of three and academic
standards for kindergarten readiness for three- and four-year old children.
(2)Create a uniform assessment and accountability system that includes a letter grade
indicative of student performance.
(3)Coordinate with the Department of Children and Family Services (DCFS) and the
Department of Health and Hospitals (DHH) to align the standards for the licensing
of child care facilities, including the requirements for participation in the La. Quality
Start Child Care Rating System, with the standards established for early childhood
education programs.
(4)Establish a time line for the creation and implementation of the early childhood care
and education network that shall be fully implemented by the beginning of the 2015-
2016 school year.
(5)Work cooperatively and collaboratively with DCFS and DHH, to establish a
seamless early childhood educational system coordinated and integrated across all SB NO. 130
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programs and related state agencies, regardless of public funding source.
Proposed law essentially retains present law and provides as follows:
(1)Establishes the Early Childhood Care and Education Network to manage and oversee
all publicly-funded programs that provide early childhood care or educational
programs to children from birth to age five. Specifies that the network will be
administered by BESE through the state Department of Education.
(2)Requires BESE, by the beginning of the 2015-2016 school year, to establish and
implement the Tiered Kindergarten Readiness Improvement System to establish
common standards of kindergarten readiness, assess and provide information
regarding the quality of early child care and education programs, and provide
resources to support improvements in such programs. Provides that the system shall
include:
(a)A definition of kindergarten readiness.
(b)Performance targets for children under the age of three and academic
standards for kindergarten readiness for three- and four-year old children.
(c)A uniform assessment and accountability system that includes a letter grade
indicative of the progress and performance of the children participating in the
program.
(d)Criteria for membership and continued participation in the Early Childhood
Care and Education Network.
(3)Requires BESE to submit all plans and recommendations to implement the Early
Childhood Care and Education Network to Louisiana's Early Childhood Advisory
Council, the Childcare Association of Louisiana, and the board's nonpublic school
council for review and comment. Further requires BESE to apprise these entities on
a semi-annual basis, beginning with Dec. 1, 2013, regarding the implementation and
ongoing progress of the network.
(4)Specifies that, effective January 1, 2014, all public schools and school districts, state-
approved nonpublic schools, child care centers and facilities licensed by the state,
and other qualified entities that receive public funding and provide child care and
educational programs to children from birth until age five shall be members of the
network and participate in the Tiered Kindergarten Readiness Improvement System.
(5)Requires BESE to establish a process by which schools and child care centers or
facilities that are not required to participate in the network and kindergarten
readiness system may join and participate.
(6)Exempts early childhood programs and child care centers and facilities that receive
public funds solely for food and nutrition assistance, those that are licensed by the
state but do not receive public funding, and child day care centers or facilities that
serve fewer than seven children.
(7)Requires BESE to coordinate with DCFS and DHH to align the standards for the
licensing of child day care centers and facilities with the standards established for
early childhood education programs in the Tiered Kindergarten Readiness
Improvement System. Present law required for alignment with the requirements to
participate in the La. Quality Start Child Care Rating System .
(8)Requires BESE, to the extent allowed by state and federal law, to align and allocate
funding to members of the network with the performance standards established for SB NO. 130
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the kindergarten readiness system. Further requires BESE, as allowed by state and
federal law, to align all program funding requirements to maximize the braiding of
funding streams across early child care and education programs, thereby maximizing
access of at-risk children to high quality programs.
(9)Network members that fail to meet prescribed performance standards for four
consecutive years lose eligibility to participate in the network but may be reinstated
upon meeting BESE criteria.
(10)Requires BESE to establish a transition process whereby the parent or legal guardian
of a child registered or enrolled in a program or class offered by any network
member that withdraws or loses eligibility to participate in the network has sufficient
time to place their child with a participating network member.
(11)Requires a publicly funded provider of early childhood care or educational
programs, services, or classes that does not wish to be a member of the network and
participate in the kindergarten readiness system to notify DOE and the state agency
through which they are licensed, in writing, that they will withdraw from the network
and acknowledge that by doing so may no longer be eligible to receive public
funding. Further provides that such notification must be provided not later than
December first of each year.
(12)Requires DCFS, DHH, and any other state agency that licenses child day care centers
or facilities to notify DOE at least every six months if the license of a child day care
center or facility under their jurisdiction has lapsed or has been revoked.
(13)A child day care center or facility that fails to maintain a current, valid license to
operate shall not be eligible to be a member of the network, but may be reinstated at
such time as the center or facility regains state licensure and meets any other
requirements as established by BESE.
(14)Requires BESE to develop and implement a unified registration and enrollment
system to facilitate family access to early childhood care and educational programs,
services, and classes offered by members of the network based upon program
performance, supply and demand, and local need.
(15)Requires network members and public agencies that provide child care or education
programs to cooperate fully with BESE and DOE and provide necessary information
and assistance.
Present law establishes the Cecil J. Picard LA 4 Early Childhood Program to provide early
childhood development and enrichment activity classes (LA 4 classes) to every child within
the jurisdiction of a participating school system or charter school who would be eligible to
enter public school kindergarten the following year and meets program criteria.
Proposed law retains present law but provides that the LA 4 program shall be administered
through the Early Childhood Care and Education Network and all LA 4 classes shall comply
with the rules and regulations promulgated by BESE for participation in the network and the
Tiered Kindergarten Readiness Improvement System. Present law also deletes provisions
relative to the provision of enrichment activity classes.
Present law provides that LA 4 classes are to be provided at no cost, except for applicable
lunch costs, to at-risk children. Further provides that other eligible children may be charged
tuition for all or part of the LA 4 class in an amount not to exceed that necessary for the
network member to provide the LA 4 class to the child.
Proposed law retains present law but removes the cap on the amount of tuition that can be
charged to a student enrolled in a LA 4 class and removes the requirement that such tuition SB NO. 130
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be imposed on a sliding scale based upon family income.
Proposed law provides that an otherwise eligible child who is considered "at-risk", as
defined for the kindergarten readiness system shall be given preference in the unified
registration and enrollment system.
Present law provides for a phased-in implementation of a plan to provide for universal access
to LA 4 classes at no cost other than applicable lunch costs by the 2013-2014 school year.
Proposed law deletes present law.
Present law specifies the criteria for LA 4 educational programs and enrichment activities,
the criteria for teachers, classroom space and facilities, classroom and instructional
materials, meals and snacks, and provision of family support services.
Proposed law deletes present law.
Proposed law requires BESE to minimize the financial and administrative impact on
members of the network to the greatest extent possible when promulgating rules and
regulations to implement proposed law.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 17:407.23, 407.24, and 407.25; adds R.S. 17:407.26 and R.S. 36:651(K);
repeals R.S. 17:24.10)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Education to the
original bill
1. Makes technical corrections.
2. Requires BESE to submit implementation plans and recommendations to
Louisiana's Early Childhood Advisory Council, the Childcare Association of
Louisiana, and the board's nonpublic school commission for review and
comment.
3. Requires BESE, as allowed by law, to align all program funding
requirements to facilitate the braiding of funding streams.
4. Deletes requirement that BESE notify network members of network
membership and kindergarten readiness system requirements and network
withdrawal procedures by Nov. 1, 2013.
5. Requires network members wishing to withdraw from the network to notify
the specified state agencies by Dec. first of each year.
6. Removes the cap on the amount of tuition that can be charged to a student
enrolled in a LA 4 class and removes the requirement that such tuition be
imposed on a sliding scale based upon family income.
Senate Floor Amendments to engrossed bill
1. Provides that the requirement for network membership and participation in
the kindergarten readiness system is effective Jan. 1, 2014. SB NO. 130
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2. Clarifies that the performance letter grade is applicable to the program and
not the individual child.
3. Adds requirement that BESE apprise the statutorily specified entities on a
semi-annual basis regarding implementation and ongoing progress of the
network.
4. Makes technical corrections.