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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 407.45, 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 of the5
State Board of Elementary and Secondary Education and approved local enrollment6
coordination entities; to provide for funding of approved local enrollment7
coordination entities; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. Part X-B of Chapter 1 of Title 17 of the Louisiana Revised Statutes of10
1950, comprised of R.S. 17:407.41 through 407.45, is hereby enacted to read as follows:11
PART X-B. LOUISIANA EARLY LEARNING 12
ENROLLMENT COORDINATION13
§407.41. Definitions14
As used in this Part, the following definitions shall apply:15
A. "Coverage area" means the parish, parishes, or other geographical16
area within the jurisdiction of a local early learning enrollment coordinator.17 SB NO. 533
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B. "Department" means the Department of Education.1
C. "Local early learning enrollment coordinator" means an approved2
entity that conducts a process for informing families about publicly-funded3
early childhood care and education programs in the coverage area; collects4
family preferences; develops and uses a common application process; annually5
determine demand for publicly-funded early childhood care and education6
within the coverage area; and makes recommendations to the department for7
the distribution of available publicly-funded early childhood care and education8
slots for at-risk children within its coverage area.9
D. "State Board" means the State Board of Elementary and Secondary10
Education.11
§407.42. Authorization of local early learning enrollment coordinators12
Prior to authorizing local early learning enrollment coordinators, the13
state board shall:14
(1) By September 1, 2014, provide the governing authority of each15
public school system and each early learning center, nonpublic school which16
provides publicly-funded early childhood services, and Head Start grantee17
located within the geographic boundaries of the public school system with an18
assessment of the extent to which these providers of early childhood services19
coordinate their efforts to inform families about the availability of publicly-20
funded early childhood care and education programs serving students four21
years of age or younger.22
(2) By October 1, 2015:23
(a) Publish a list of public school systems within whose geographic24
boundaries there is no coordinated effort by the public school system and the25
early learning centers, nonpublic schools which provides publicly-funded early26
childhood services, and Head Start grantees to inform families about the27
availability of publicly-funded early childhood care and education programs28
serving students four years of age or younger.29 SB NO. 533
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(b) Collect family preferences regarding enrollment choices.1
(c) Enroll at-risk children, using available public funds, based upon2
stated family preferences.3
(3) Approve a process no later than June 30, 2015, to authorize entities4
as local early learning enrollment coordinators to begin performing required5
services in public school systems identified pursuant to Paragraph (1) of this6
Section, as early as the 2015-2016 school year.7
(4) Not certify any entity as a local early learning enrollment8
coordinator under this Section unless it is in compliance with procedures and9
regulations established by the state board. The entity shall be a state agency,10
a public school system, a nonprofit or for-profit corporation having an11
educational or social services mission, including but not limited to a nonprofit12
corporation of a philanthropic or policy nature, a Louisiana public13
postsecondary education institution, or a nonprofit corporation established by14
the governing authority of a parish or municipality.15
(5) Review each proposed local early learning enrollment coordinator16
in a timely manner and determine whether each proposed local early learning17
enrollment coordinator complies with the law and rules and whether the18
proposal is valid, complete, and financially well-structured.19
(6) Approve a process by which the department serves as the local early20
learning enrollment coordinator for those coverage areas without an approved21
entity.22
(7)(a) The initial authorization of a local early learning enrollment23
coordinator shall be for a period up to five years.24
(b) After the initial authorization period, the state board may grant25
renewal of authorization for additional periods of not less than three years nor26
more than five years after thorough review of the local early learning27
enrollment coordinator activities.28
(8) Promulgate rules establishing an appeals process and designating the29 SB NO. 533
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department to oversee the process through which families and early learning1
centers have the opportunity to appeal decisions made by local early learning2
enrollment coordinators.3
§407.43. Responsibilities of approved local early learning enrollment4
coordinators5
In accordance with R.S. 17:407.22, local early learning enrollment6
coordinators shall support families in accessing high-quality publicly-funded7
early childhood care and education by:8
(1) Conducting a process for disseminating information about early9
childhood care and education programs and collecting family preferences in10
order to make distribution recommendations.11
(2) Using a common application process, annually determine family12
demand for publicly-funded early childhood care and education within the13
coverage area.14
(3) Producing a recommendation to the department of the distribution15
of available publicly-funded early childhood care and education slots within the16
coverage area.17
§407.44. Funding of approved local early learning enrollment coordinators18
A. Pursuant to rules adopted by the state board, the department shall19
allocate from public funds appropriated for early childhood care and education20
programs within the geographic boundaries of public school systems identified21
by the state board as requiring enrollment coordinators, an amount not to22
exceed one percent of such programs to fund local early learning enrollment23
coordinators in performing required services. If the per-child allocation or24
subsidy amount for a program funded through a state-appropriated funding25
stream is below the state average per-child amount or subsidy, the amount26
deducted from the funding stream for the program to support the enrollment27
system shall be a proportionate amount based upon the number of children28
funded by the funding stream. Once the per-child allocation or subsidy amount29 SB NO. 533
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for a program funded through a state-appropriated funding stream is equal to1
or greater than the state average per-child allocation or subsidy for all publicly2
funded early childhood programs, the amount deducted from the funding3
stream for the program to support the enrollment system shall be a4
proportionate amount based upon the total statewide enrollment funded by that5
funding stream. The department may additionally use such funds to support6
any local enrollment pilot programs during the 2014-2015 school year in order7
to inform the establishment of rules adopted by the state board on or before8
June 30, 2015.9
B. The department may establish start-up or incubation grants to10
encourage sufficient supply of high-quality local early learning enrollment11
coordinators.12
C. The local early learning enrollment coordinator shall annually submit13
to the department an independent financial audit conducted by a certified14
public accountant who has been approved by the legislative auditor. Such audit15
shall be accompanied by the auditor's statement that the report is free of16
material misstatements. The audit shall be limited in scope to those records17
necessary to ensure that the local early learning enrollment coordinator has18
used funds to perform required services, and it shall be submitted to the19
legislative auditor for review and investigation of any irregularities or audit20
findings. The local early learning enrollment coordinator shall return to the21
state any funds that the legislative auditor determines were expended in a22
manner inconsistent with state law or state board regulations. The cost of such23
audit shall be paid by the department from funds provided pursuant to24
Subsection A of this Section.25
§407.45. Rules26
The state board shall adopt all rules and regulations required in this Part27
in accordance with the Administrative Procedure Act.28
Section 2. This Act shall become effective upon signature by the governor or, if not29 SB NO. 533
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signed by the governor, upon expiration of the time for bills to become law without signature1
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If2
vetoed by the governor and subsequently approved by the legislature, this Act shall become3
effective on the day following such approval.4
The original instrument was prepared by Alan Miller. The following digest,
which does not constitute a part of the legislative instrument, was prepared
by Jeanne Johnston.
DIGEST
LaFleur (SB 533)
Proposed law establishes Louisiana Early Learning Enrollment Coordination procedures and
requires BESE to authorize local early learning enrollment coordinators to 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 prior to authorizing local early learning enrollment coordinators,
BESE shall:
(1)By September 1, 2014, provide the governing authority of each public school system
and each early learning center, nonpublic school which provides publicly-funded
early childhood services, and Head Start grantee located within the geographic
boundaries of the public school system with an assessment of the extent to which
these providers of early childhood services coordinate their efforts to inform families
about the availability of publicly-funded early childhood care and education
programs serving students four years of age or younger.
(2)By October 1, 2015:
(a) Publish a list of public school systems within whose geographic
boundaries there is no coordinated effort by the public school system and the early
learning centers, nonpublic schools which provides publicly-funded early childhood
services, and Head Start grantees to inform families about the availability of
publicly-funded early childhood care and education programs serving students four
years of age or younger.
(b) Collect family preferences regarding enrollment choices.
(c) Enroll at-risk children, using available public funds, based upon stated
family preferences.
(3)Approve a process no later than 6/30/2015 to authorize entities as local early learning
enrollment coordinators to begin performing required services in school systems as
early as the 2015-2016 school year.
(4)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 a state agency, a public school system, 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.
(5)Review each proposed local early learning enrollment coordinator in a timely
manner and determine whether each proposed coordinator complies with the law and SB NO. 533
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rules and whether the proposal is valid, complete, and financially well-structured.
(6)Approve a process by which the department serves as the local early learning
enrollment coordinator for those coverage areas without an approved entity.
(7)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.
(8)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 appropriated for early childhood care and education programs within public
school systems that require an enrollment coordinator, an amount not to exceed 1% of such
programs to fund local early learning enrollment coordinators in performing required
services. Provides that if the per-child allocation or subsidy amount for a program funded
through a state-appropriated funding stream is below the state average per-child amount or
subsidy, the amount deducted from the funding stream for the program to support the
enrollment system shall be a proportionate amount based upon the number of children
funded by the funding stream. Further provides that once the per-child allocation or subsidy
amount for a program funded through a state-appropriated funding stream is equal to or
greater than the state average per-child allocation or subsidy for all publicly funded early
childhood programs, the amount deducted from the funding stream for the program to
support the enrollment system shall be a proportionate amount based upon the total statewide
enrollment funded by that funding stream. 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. SB NO. 533
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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. 17:407.41-407.45)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Education to the
original bill
1. Makes technical corrections.
2. Removes prohibition against authorizing an entity currently providing early
childhood care and education as a local learning enrollment coordinator.
3. Removes prohibition against authorizing an entity which has a potential
conflict of interest with an early learning center as a local learning
enrollment coordinator.
4. Removes requirement that BESE make every attempt to ensure statewide
coverage no later than the 2016-2017 school year.
5. Allows a public school system to be a local early learning enrollment
coordinator.
6. Reduces the percentage DOE may deduct from program funds to fund
enrollment coordinators from 2% to 1% and provides that this deduction will
be made from "appropriated" funds instead of "available" funds. Provides for
deductions in proportional amounts based on enrollment for programs
funded through state appropriation.