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Regular Session, 2014
HOUSE BILL NO. 954
BY REPRESENTATIVES LEGER AND CARTER AND SENATORS APPEL, LAFLEUR,
AND WALSWORTH
AN ACT1
To enact R.S. 17:407.26 and to repeal R.S. 17:24.10, relative to early childhood education;2
to provide relative to the Cecil J. Picard LA 4 Early Childhood Program; to provide3
relative to funding; to provide relative to eligibility criteria; to provide relative to the4
cost of participation; to provide relative to rules and regulations; and to provide for5
related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 17:407.26 is hereby enacted to read as follows:8
ยง407.26. The Cecil J. Picard LA 4 Early Childhood Program9
A. The state Department of Education, referred to in this Section as the10
"department", shall allocate funding, out of monies appropriated for such purpose,11
to each public school system that applies for such funding and uses the funding12
solely for the purpose of providing a program for early childhood development and13
enrichment activity classes in compliance with the requirements of this Section,14
which shall be named "The Cecil J. Picard LA 4 Early Childhood Program" and shall15
be referred to in this Section as "the LA 4 program". Such classes shall be referred16
to in this Section as "LA 4 classes".17
B. Subject to the availability of funds, the LA 4 program shall be available18
to every eligible child. To be eligible for the LA 4 program, a child shall meet all19
of the following criteria:20
(1) He is four years old or eligible to enroll in kindergarten in the following21
school year pursuant to R.S. 17:151.3.22 ENROLLEDHB NO. 954
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(2) He meets the requirements of R.S. 17:170 relative to immunization1
documentation required for regular school enrollment.2
(3) He applies to the LA 4 program.3
C. The cost of the LA 4 program shall be as follows:4
(1) For children who are "at risk", as defined in the rules and regulations of5
the State Board of Elementary and Secondary Education, referred to in this Section6
as the "state board", the LA 4 program shall be provided at no cost, except for any7
applicable lunch cost and the cost of before and after care.8
(2) For children who are not "at risk", tuition may be charged on a sliding9
scale in an amount not to exceed that necessary for the public school system to10
provide the program.11
(3) For all children, both "at risk" and not "at risk", each public school12
system offering the LA 4 program may charge a fee for the cost of meals and the cost13
of before and after care, subject to state board rules and regulations.14
D. Beginning with LA 4 program applications for the 2015-2016 school15
year:16
(1) The department shall annually determine the demand for the LA 417
program.18
(2) The state board shall consider such demand, the availability of public19
funds to support the program, and the eligibility of public school systems to receive20
funds for the program and annually determine the following:21
(a) The cost of funding all LA 4 program applicants who both meet the22
eligibility requirements provided in Subsection B of this Section and who are23
determined to be "at-risk".24
(b) The method for equitably distributing available funds to eligible public25
school systems.26
(c) The difference in dollar amount between the funding required to meet the27
measured funding demand and the funding available in the fiscal year.28
E. Each participating school system may work collaboratively with other29
publicly funded and Type III licensed providers of early childhood education that30 ENROLLEDHB NO. 954
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serve children residing within the jurisdiction of the system, including Head Start1
and other federal programs, in providing the LA 4 program. Such collaboration may2
include agreements to share resources if such agreements are documented, no3
regulation of any provider is compromised or violated, and a clear demarcation of4
responsibility as to costs, employee supervision, and program administration is5
maintained.6
F.(1) Beginning with the 2014-2015 school year and continuing thereafter,7
each participating school system shall use a percentage of the total increase in8
funding for the LA 4 program received each year in excess of the amount received9
during the previous school year to provide LA 4 classes through collaborative10
agreements with nonschool system providers of early childhood education that serve11
children residing within the geographic boundaries of the school system, that meet12
the definition of an early learning center as provided in Paragraph (2) of this13
Subsection, and that have attained the minimum quality rating as established by the14
state board required to be eligible to participate in the program, as follows:15
(a) For a school year in which the per pupil allocation for the LA 4 program16
is less than five thousand dollars per child, each participating school system shall use17
at least five percent of the total increase in funding over the previous school year to18
provide LA 4 classes through collaborative agreements with nonschool system19
providers.20
(b) For a school year in which the per pupil allocation for the LA 4 program21
is five thousand dollars per child or more, each participating school system shall use22
at least ten percent of the total increase in funding over the previous school year to23
provide LA 4 classes through collaborative agreements with nonschool system24
providers.25
(2) For the purposes of this Section, "early learning center" means any child26
day care center, Early Head Start Center, Head Start Center, or stand-alone27
prekindergarten program not attached to a school.28
(3) Such collaborative agreements may include but shall not be limited to the29
following options:30 ENROLLEDHB NO. 954
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(a) The participating school system may lease physical space from a1
nonschool system provider for an LA 4 class.2
(b) The participating school system may provide a lead teacher with the3
nonschool system provider supplying the physical space and all other personnel,4
materials, or supplies needed to meet LA 4 program requirements.5
(c) The nonschool system provider supplies the physical space and all of the6
teaching and ancillary personnel, materials, and supplies needed to meet LA 47
program requirements.8
(4) Participating school systems shall explore all feasible supports to enable9
nonschool system providers of early childhood education to meet the requirements10
of the LA 4 program, including providing teachers employed by the school system11
to teach LA 4 classes in nonschool system provider settings, provided such teachers12
are certified to serve as a lead teacher in accordance with Subparagraph (H)(3)(a) of13
this Section.14
(5) A nonschool system provider of early childhood education that serves15
children residing within the jurisdiction of a participating public school system and16
that wishes to participate in the LA 4 program shall apply to the board of the school17
system in accordance with the time lines and regulations established by the state18
board. Such application shall, at a minimum, include the following information:19
(a) Verification that the applicant is a provider of early childhood education20
that meets the definition of an early learning center as provided in this Subsection21
and has attained the minimum quality rating required to be eligible to participate in22
the program as established by the state board.23
(b) Documentation that the provider meets the requirements for participation24
in the program as provided by state law and state board regulation.25
(c) Documentation relative to the provider's organizational, governance, and26
operational structure.27
(d) Documentation relative to the provider's policies, programs, and practices28
in place to ensure parental involvement.29 ENROLLEDHB NO. 954
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(e) Documentation relative to the provider's personnel policies and1
employment practices.2
(f) Documentation relative to the provider's rules and regulations applicable3
to children, including disciplinary policies and procedures.4
(g) Documentation relative to the adequacy of the provider's facilities and5
equipment.6
(h) Documentation relative to the types and amounts of the provider's7
insurance coverage.8
(i) Documentation relative to applicable teacher certification requirements.9
(6) The provisions of R.S. 17:15 shall be applicable to all employees of an10
early learning center that enters into a collaborative agreement with a school board11
to provide LA 4 classes in a nonschool system provider setting, and each early12
learning center shall comply with all rules and regulations established by the13
participating school system pursuant to such law relative to criminal history review.14
(7)(a) A waiver of the requirement specified in Paragraph (1) of this15
Subsection may be granted to a participating school system by the state board if the16
school system provides documentation acceptable to the state board that it meets at17
least one of the following conditions:18
(i) There are no early learning centers located within the geographic19
boundaries of the participating school system that have attained the minimum quality20
rating required to be eligible to participate in the program as established by the state21
board.22
(ii) The participating school system did not receive an application from an23
early learning center seeking to collaborate in the provision of LA 4 classes.24
(iii) After a good faith effort and for good cause shown the participating25
school system and early learning center were unable to reach an agreement regarding26
the provision of LA 4 classes in a nonschool system provider setting.27
(b) The state board shall send written notification to a participating school28
system as to whether its application for a waiver has been granted. However, a29
waiver shall not be granted for more than one school year at a time.30 ENROLLEDHB NO. 954
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(c) Notwithstanding any other provision of law, in any given school year the1
provisions of this Subsection shall not apply to a participating school system with2
excess capacity in its LA 4 program nor shall such a system be required to seek or3
be granted a waiver from the state board of such requirements.4
G. In addition to determining the demand for and distribution of funds for5
the LA 4 program, the state board shall assess all other funding streams in order to6
facilitate diverse delivery and fulfill demand to the greatest extent possible.7
H. Each public school system operating the LA 4 program shall include or8
provide for the following:9
(1) A full-day program for the hours of the day and the number of days that10
a regular school program in the school system is in session.11
(2) A program of developmentally appropriate early childhood education,12
the content of which shall meet the standards required for accreditation of a high-13
quality early childhood education program as determined by the state board.14
(3)(a) A teacher in each classroom, referred to in this Section as the "lead15
teacher", who is in charge of the classroom, supervises other adults employed in the16
classroom, plans the activities for the children in the classroom, and is one of the17
following:18
(i) Certified by the department in nursery school education, kindergarten, or19
early intervention.20
(ii) If the superintendent of the employing school system certifies by sworn21
affidavit that no qualified applicant with a certificate as provided in Item (i) of this22
Subparagraph has applied for the position, then a teacher certified by the department23
pursuant to rules adopted by the state board.24
(iii) If the superintendent of the employing school system certifies by sworn25
affidavit that no qualified applicant with a certificate as provided in Item (i) or (ii)26
of this Subparagraph has applied for the position, then the recipient of a degree in27
elementary education, kindergarten, early childhood education, or early intervention28
and employed pursuant to the interim emergency policy of the state board for hiring29
non-certified personnel.30 ENROLLEDHB NO. 954
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(b) The employment, retaining, or reemployment of any person as a lead1
teacher who is qualified in any way other than as provided in Item (a)(i) of this2
Paragraph may occur only if such teacher can document consistently working toward3
obtaining the qualifications in Item (a)(i) of this Paragraph in compliance with the4
requirements of state board rule or is otherwise deemed qualified in accordance with5
rules adopted by the state board.6
(4) A student-to-lead teacher ratio of no more than twenty-to-one and a7
student-to-adult staff member ratio of no more than ten-to-one.8
(5) Classroom and instructional supplies consistent with the standards9
required in Paragraph (2) of this Subsection and consistent with standards required10
by state board rule.11
(6) Required professional development, in compliance with state board rule,12
for lead teachers and all other persons whose employment in the LA 4 program13
involves direct contact with children.14
(7) Adequate and appropriate space and facilities. 15
I. The department shall do all of the following:16
(1) Provide technical assistance to each public school system operating the17
LA 4 program and ensure that each participating school system complies with the18
requirements of this Section and all rules adopted pursuant to this Section.19
(2) Develop and implement a system of evaluating the efficiency and20
effectiveness of the LA 4 program and conduct a study of the long-term effects of21
the program on the school success of the participating children.22
(3) Provide regular, scheduled, and appropriate professional development for23
lead teachers and all other persons whose employment in the LA 4 program involves24
direct contact with children pursuant to Paragraph (H)(6) of this Section.25 ENROLLEDHB NO. 954
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Section 2. R.S. 17:24.10 is hereby repealed in its entirety.1
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: