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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
determines 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
A. 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 provide 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) Promulgate rules establishing an appeals process and designating the23
department to oversee the process through which families and early learning24
centers have the opportunity to appeal decisions made by local early learning25
enrollment coordinators.26
B.(1) The initial authorization of a local early learning enrollment27
coordinator shall be for a period up to five years.28
29 SB NO. 533
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(2) After the initial authorization period, the state board may grant1
renewal of authorization for additional periods of not less than three years nor2
more than five years after thorough review of the local early learning3
enrollment coordinator activities.4
§407.43. Responsibilities of approved local early learning enrollment5
coordinators6
In accordance with R.S. 17:407.22, local early learning enrollment7
coordinators shall support families in accessing high-quality publicly-funded8
early childhood care and education by:9
(1) Conducting a process for disseminating information about early10
childhood care and education programs and collecting family preferences in11
order to make distribution recommendations.12
(2) Using a common application process, annually determine family13
demand for publicly-funded early childhood care and education within the14
coverage area.15
(3) Providing a recommendation to the department of the distribution16
of available publicly-funded early childhood care and education slots within the17
coverage area.18
§407.44. Funding of approved local early learning enrollment coordinators19
A. Pursuant to rules adopted by the state board, the department shall20
allocate from public funds appropriated for early childhood care and education21
programs within the geographic boundaries of public school systems identified22
by the state board as requiring enrollment coordinators, an amount not to23
exceed one percent of such programs to fund local early learning enrollment24
coordinators in performing required services. If the per-child allocation or25
subsidy amount for a program funded through a state-appropriated funding26
stream is below the state average per-child amount or subsidy, the amount27
deducted from the funding stream for the program to support the enrollment28
system shall be a proportionate amount based upon the number of children29 SB NO. 533
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funded by the funding stream. Once the per-child allocation or subsidy amount1
for a program funded through a state-appropriated funding stream is equal to2
or greater than the state average per-child allocation or subsidy for all publicly3
funded early childhood programs, the amount deducted from the funding4
stream for the program to support the enrollment system shall be a5
proportionate amount based upon the total statewide enrollment funded by that6
funding stream. The department may additionally use such funds to support7
any local enrollment pilot programs during the 2014-2015 school year in order8
to inform the establishment of rules adopted by the state board on or before9
June 30, 2015.10
B. The department may establish start-up or incubation grants to11
encourage sufficient supply of high-quality local early learning enrollment12
coordinators.13
C. The local early learning enrollment coordinator shall annually submit14
to the department an independent financial audit conducted by a certified15
public accountant who has been approved by the legislative auditor. Such audit16
shall be accompanied by the auditor's statement that the report is free of17
material misstatements. The audit shall be limited in scope to those records18
necessary to ensure that the local early learning enrollment coordinator has19
used funds to perform required services, and it shall be submitted to the20
legislative auditor for review and investigation of any irregularities or audit21
findings. The local early learning enrollment coordinator shall return to the22
state any funds that the legislative auditor determines were expended in a23
manner inconsistent with state law or state board regulations. The cost of such24
audit shall be paid by the department from funds provided pursuant to25
Subsection A of this Section.26
§407.45. Rules27
The state board shall adopt all rules and regulations required in this Part28
in accordance with the Administrative Procedure Act.29 SB NO. 533
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Section 2. This Act shall become effective upon signature by the governor or, if not1
signed by the governor, upon expiration of the time for bills to become law without signature2
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If3
vetoed by the governor and subsequently approved by the legislature, this Act shall become4
effective on the day following such approval.5
The original instrument was prepared by Alan Miller. The following digest,
which does not constitute a part of the legislative instrument, was prepared
by Tammy Crain-Waldrop.
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, determines
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 provide 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. SB NO. 533
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words in boldface type and underscored are additions.
(5)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.
(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)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 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.
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)Providing 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 SB NO. 533
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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. 17:407.41-407.45)
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.
Senate Floor Amendments to engrossed bill
1. Technical amendments.