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Regular Session, 2014
SENATE BILL NO. 533
BY SENATORS LAFLEUR AND WALSWORTH AND REPRESENTATIVES CARTER
AND LEGER
EDUCATION DEPARTMENT. Provides for a local enrollment coordination process for
publicly funded early childhood care and education. (gov sig)
AN ACT1
To enact Part X-B of Chapter 1 of Title 17 of the Louisiana Revised Statutes of 1950, to be2
comprised of R.S. 17:407.41 through 407.46, relative to early childhood education3
enrollment coordination; to provide for definitions; to provide for prohibitions; to4
authorize local enrollment coordination entities; to provide for responsibilities of5
approved local enrollment coordination entities; to provide for funding of approved6
local enrollment coordination entities; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. Part X-B of Chapter 1 of Title 17 of the Louisiana Revised Statutes of9
1950, comprised of R.S. 17:407.41 through 407.46, is hereby enacted read as follows:10
PART X-B. LOUISIANA EARLY LEARNING 11
ENROLLMENT COORDINATION12
§407.41. Definitions13
As used in this Part, the following definitions shall apply:14
A. "Coverage area" means the parish, parishes, or other geographical15
area within the jurisdiction of a local early learning enrollment coordinator.16
B."Department" means the Department of Education.17 SB NO. 533
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C. "Local early learning enrollment coordinator" means an approved1
entity that conducts a process for informing families about publicly-funded2
early childhood care and education programs in the coverage area; collects3
family preferences; develops and uses a common application process; annually4
determine demand for publicly-funded early childhood care and education5
within the coverage area; and makes recommendations to the department for6
the distribution of available publicly-funded early childhood care and education7
slots for at-risk children within its coverage area.8
D. "State Board" means the State Board of Elementary and Secondary9
Education.10
§407.42. Prohibitions11
A. No entity that is currently providing early childhood care and12
education shall be authorized as a local early learning enrollment coordinator.13
B. No entity that has a potential conflict of interest with any early14
learning center, as determined by the department, shall be authorized as a local15
early learning enrollment coordinator.16
§407.43. Authorization of local early learning enrollment coordinators17
Prior to authorizing local early learning enrollment coordinators, the18
state board shall:19
(1) Approve a process no later than June 30, 2015, to authorize entities20
as local early learning enrollment coordinators to begin performing required21
services as early as the 2015-2016 school year. The board shall make every22
attempt to ensure statewide coverage no later than the 2016-2017 school year.23
(2) Not certify any entity as a local early learning enrollment coordinator24
under this Section unless it is in compliance with procedures and regulations25
established by the state board. The entity shall be either a state agency or a26
nonprofit or for-profit corporation having an educational or social services27
mission, including but not limited to a nonprofit corporation of a philanthropic28
or policy nature, a Louisiana public postsecondary education institution, or a29 SB NO. 533
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nonprofit corporation established by the governing authority of a parish or1
municipality.2
(3) Review each proposed local early learning enrollment coordinator in3
a timely manner and determine whether each proposed local early learning4
enrollment coordinator complies with the law and rules and whether the5
proposal is valid, complete, and financially well-structured.6
(4) Approve a process by which the department serves as the local early7
learning enrollment coordinator for those coverage areas without an approved8
entity.9
(5)(a) The initial authorization of a local early learning enrollment10
coordinator shall be for a period up to five years.11
(b) After the initial authorization period, the state board may grant12
renewal of authorization for additional periods of not less than three years nor13
more than five years after thorough review of the local early learning14
enrollment coordinator activities.15
(6) Promulgate rules establishing an appeals process and designating the16
department to oversee the process through which families and early learning17
centers have the opportunity to appeal decisions made by local early learning18
enrollment coordinators.19
§407.44. Responsibilities of approved local early learning enrollment20
coordinators21
In accordance with R.S. 17:407.22, local early learning enrollment22
coordinators shall support families in accessing high-quality publicly-funded23
early childhood care and education by:24
(1) Conducting a process for disseminating information about early25
childhood care and education programs and collecting family preferences in26
order to make distribution recommendations.27
(2) Using a common application process, annually determine family28
demand for publicly-funded early childhood care and education within the29 SB NO. 533
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coverage area.1
(3) Producing a recommendation to the department of the distribution2
of available publicly-funded early childhood care and education slots within the3
coverage area.4
§407.45. Funding of approved local early learning enrollment coordinators5
A. Pursuant to rules adopted by the state board, the department shall6
allocate from public funds available for early childhood care and education7
programs an amount not to exceed two percent of such programs to fund local8
early learning enrollment coordinators in performing required services. The9
department may additionally use such funds to support any local enrollment10
pilot programs during the 2014-2015 school year in order to inform the11
establishment of rules adopted by the state board on or before June 30, 2015.12
B. The department may establish start-up or incubation grants to13
encourage sufficient supply of high-quality local early learning enrollment14
coordinators.15
C. The local early learning enrollment coordinator shall annually submit16
to the department an independent financial audit conducted by a certified17
public accountant who has been approved by the legislative auditor. Such audit18
shall be accompanied by the auditor's statement that the report is free of19
material misstatements. The audit shall be limited in scope to those records20
necessary to ensure that the local early learning enrollment coordinator has21
used funds to perform required services, and it shall be submitted to the22
legislative auditor for review and investigation of any irregularities or audit23
findings. The local early learning enrollment coordinator shall return to the24
state any funds that the legislative auditor determines were expended in a25
manner inconsistent with state law or state board regulations. The cost of such26
audit shall be paid by the department from funds provided pursuant to27
Subsection A of this Section.28
§407.46. Rules29 SB NO. 533
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The state board shall adopt all rules and regulations required in this Part1
in accordance with the Administrative Procedure Act.2
Section 2. This Act shall become effective upon signature by the governor or, if not3
signed by the governor, upon expiration of the time for bills to become law without signature4
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If5
vetoed by the governor and subsequently approved by the legislature, this Act shall become6
effective on the day following such approval.7
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alan Miller.
DIGEST
LaFleur (SB 533)
Proposed law, which establishes Louisiana Early Learning Enrollment Coordination
procedures, requires BESE to authorize local early learning enrollment coordinators that
conduct a process for informing families about early childhood care and education programs
in a coverage area, collect family preferences, develop and use a common application
process, determine demand, and make recommendations to the Department of Education
(DOE).
Proposed law provides that no entity that is currently providing early childhood care and
education may be authorized as a local early learning enrollment coordinator.
Proposed law provides that no entity which has a potential conflict of interest with any early
learning center, as determined by the DOE, may be authorized as a local early learning
enrollment coordinator.
Proposed law provides that prior to authorizing local early learning enrollment coordinators,
BESE shall:
(1)Approve a process no later than 6/30/2015 to authorize entities as local early learning
enrollment coordinators to begin performing required services as early as the 2015-
2016 school year. Further, BESE shall make every attempt to ensure statewide
coverage no later than the 2016-2017 school year.
(2)Not certify any entity as a local early learning enrollment coordinator under proposed
law unless it is in compliance with procedures and regulations established by BESE.
The entity shall be either a state agency or a nonprofit or for-profit corporation
having an educational or social services mission, including but not limited to a
nonprofit corporation of a philanthropic or policy nature, a Louisiana public
postsecondary education institution, or a nonprofit corporation established by the
governing authority of a parish or municipality.
(3)Review each proposed local early learning enrollment coordinator in a timely
manner and determine whether each proposed coordinator complies with the law and
rules and whether the proposal is valid, complete, and financially well-structured.
(4) Approve a process by which the department serves as the local early learning
enrollment coordinator for those coverage areas without an approved entity. SB NO. 533
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(5)Initially authorize the local early learning enrollment coordinators for a period up to
five years. After the initial authorization period, BESE may grant renewal of
authorization for additional periods of not less than three years nor more than five
years after thorough review of the local early learning enrollment coordinator
activities.
(6)Promulgate rules establishing an appeals process and designating DOE to oversee
the process through which families and early learning centers may appeal decisions
made by local early learning enrollment coordinators.
Proposed law provides that local early learning enrollment coordinators shall support
families in accessing high-quality publicly-funded early childhood care and education by:
(1)Conducting a process for disseminating information about early childhood care and
education programs and collecting family preferences in order to make distribution
recommendations.
(2)Using a common application process, annually determine family demand for
publicly-funded early childhood care and education within the coverage area.
(3)Producing an annual recommendation to DOE of the distribution of available
publicly-funded early childhood care and education slots within the region.
Proposed law provides that pursuant to rules adopted by BESE, DOE shall allocate from
public funds available for early childhood care and education programs an amount not to
exceed 2% of such programs to fund local early learning enrollment coordinators in
performing required services. DOE may additionally use such funds to support any local
enrollment pilot programs during the 2014-2015 school year in order to inform the
establishment of rules adopted by BESE on or before 6/30/2015.
Proposed law authorizes BESE to establish start-up or incubation grants to encourage
sufficient supply of high-quality local early learning enrollment coordinators.
Proposed law requires the local early learning enrollment coordinator to annually submit to
DOE an independent financial audit conducted by a certified public accountant who has been
approved by the legislative auditor, along with the auditor's statement that the report is free
of material misstatements. The audit shall be limited in scope to those records necessary to
ensure that the coordinator has used funds to perform required services, and it shall be
submitted to the legislative auditor for review and investigation of any irregularities or audit
findings. Requires the local early learning enrollment coordinator to return to the state any
funds that the legislative auditor determines were expended in a manner inconsistent with
state law or state board regulations. The cost of such audit shall be paid by the department
from funds provided pursuant to proposed law.
Requires all rules required in the proposed law to be adopted pursuant to the APA.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 17:407.41-407.46)