Page 1 of 7 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Regular Session, 2014 ENROLLED SENATE BILL NO. 533 BY SENATORS LAFLEUR AND WALSWORTH AND REPRESENTATIVES CARTER AND LEGER 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 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 407.46, 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 B. "Department" means the state Department of Education.18 C. "Local early learning enrollment coordinator" means an approved19 entity that conducts a process for informing families about publicly-funded and20 Type III licensed early childhood care and education programs in the coverage21 SB NO. 533 ENROLLED Page 2 of 7 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. area; collects family preferences; develops and uses a common application1 process; annually determines demand for publicly-funded early childhood care2 and education within the coverage area; and makes recommendations to the3 department for the distribution of available publicly-funded early childhood4 care and education slots for at-risk children within its coverage area.5 D. "State Board" means the State Board of Elementary and Secondary6 Education.7 §407.42. Authorization of local early learning enrollment coordinators8 A. Prior to authorizing local early learning enrollment coordinators, the9 state board shall:10 (1) By September 1, 2014:11 (a) Provide the governing authority of each public school system and12 each early learning center, nonpublic school which provides publicly-funded13 early childhood services, and Head Start grantee located within the geographic14 boundaries of the public school system with an assessment of the extent to which15 these providers of early childhood services coordinate their efforts to:16 (i) Inform families about the availability of publicly-funded and Type17 III licensed early childhood care and education programs serving students four18 years of age or younger.19 (ii) Coordinate enrollment, eligibility criteria, and waiting lists to ensure20 that families are referred to other available publicly-funded early childhood21 programs should they be ineligible for or unable to access their primary choice.22 (iii) Collect family preferences regarding enrollment choices for23 publicly-funded and Type III licensed early childhood care and education24 programs.25 (iv) Enroll at-risk children, using available public funds, based upon26 stated family preferences.27 (b) Provide public school systems, early learning centers, nonpublic28 schools, Early Head Start grantees, and Head Start grantees with a designated29 time period in which the local early enrollment coordination activities will be30 SB NO. 533 ENROLLED Page 3 of 7 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. developed and implemented.1 (2) By October 1, 2015:2 (a) Publish a list of public school systems within whose geographic3 boundaries there is no coordinated effort by the public school system and the4 early learning centers, nonpublic schools which provide publicly-funded early5 childhood services, and Head Start grantees to:6 (i) Inform families about the availability of publicly-funded and Type7 III licensed early childhood care and education programs serving students four8 years of age or younger.9 (ii) Coordinate enrollment, eligibility criteria, and waiting lists to ensure10 that families are referred to other available publicly-funded early childhood11 programs should they be ineligible for or unable to access their primary choice.12 (iii) Collect family preferences regarding enrollment choices for13 publicly-funded and Type III licensed early childhood care and education14 programs.15 (iv) Enroll at-risk children, using available public funds, based upon16 stated family preferences.17 (b) Provide public school systems, early learning centers, nonpublic18 schools, Early Head Start grantees, and Head Start grantees with a designated19 time period in which the local early enrollment coordination activities will be20 developed and implemented.21 (3) By June 30, 2015, approve a process to authorize entities as local22 early learning enrollment coordinators to begin performing required services23 in the geographic boundaries of public school systems identified pursuant to24 Paragraph (1) of this Subsection, in the 2015-2016 school year.25 (4) Not certify any entity as a local early learning enrollment26 coordinator under this Section unless it is in compliance with procedures and27 regulations established by the state board. The entity shall be a state agency,28 a public school system, a nonprofit or for-profit corporation having an29 educational or social services mission, including but not limited to a nonprofit30 SB NO. 533 ENROLLED Page 4 of 7 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. corporation of a philanthropic or policy nature, a Louisiana public1 postsecondary education institution, or a nonprofit corporation established by2 the governing authority of a parish or municipality.3 (5) Review each proposed local early learning enrollment coordinator4 in a timely manner and determine whether each proposed local early learning5 enrollment coordinator complies with the law and rules and whether the6 proposal is valid, complete, and financially well-structured.7 (6) Approve a process by which the department serves as the local early8 learning enrollment coordinator for those coverage areas without an approved9 entity.10 (7) Promulgate rules establishing an appeals process and designating the11 department to oversee the process through which families and early learning12 centers have the opportunity to appeal decisions made by local early learning13 enrollment coordinators.14 B.(1) The initial authorization of a local early learning enrollment15 coordinator shall be for a period up to five years.16 (2) After the initial authorization period, the state board may grant17 renewal of authorization for additional periods of not less than three years nor18 more than five years after thorough review of the local early learning19 enrollment coordinator activities.20 §407.43. Responsibilities of approved local early learning enrollment21 coordinators22 In accordance with R.S. 17:407.22, local early learning enrollment23 coordinators shall support families in accessing high-quality publicly-funded24 early childhood care and education by:25 (1) Conducting a process for disseminating information about early26 childhood care and education programs and collecting family preferences in27 order to make distribution recommendations.28 (2) Using a common application process, annually determine family29 demand for publicly-funded early childhood care and education within the30 SB NO. 533 ENROLLED Page 5 of 7 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. coverage area.1 (3) Providing a recommendation to the department of the distribution2 of available publicly-funded early childhood care and education slots within the3 coverage area.4 §407.44. Funding of approved local early learning enrollment coordinators5 A.(1) For a coverage area identified by the state board as requiring an6 early learning enrollment coordinator, the department shall allocate not more7 than one percent of the public funds appropriated for each early childhood care8 and education program in the coverage area to support the local early learning9 enrollment coordinator in performing the services required by this Part.10 However, Head Start programs shall fund their respective recruitment,11 selection, and enrollment system mandated by applicable federal laws,12 regulations, standards, and grant requirements. Head Start programs shall13 collaborate with local schools and early learning centers to conduct combined14 recruitment enrollment activities as defined in R.S. 17:407.42.15 (2) The amount allocated from the funding for each early childhood care16 and education program shall be proportionate to the number of children in the17 program enrolled by the local early learning enrollment coordinator for the18 coverage area.19 (3) If an allocation cannot be made from a funding stream to support the20 early learning enrollment coordinator for a coverage area, the amount21 established for that funding stream to support the early learning enrollment22 coordinator shall be allocated from the remaining program funding streams in23 an amount proportionate to the number of children in each program enrolled24 by the local early learning enrollment coordinator for the coverage area.25 (4) The state board shall not allocate additional funds to support early26 learning enrollment coordinators, as provided in Paragraph (3) of this27 Subsection, from the funding stream for any early childhood care and education28 program that has a per-child allocation or subsidy below the state average29 per-child allocation or subsidy for all programs included in the enrollment30 SB NO. 533 ENROLLED Page 6 of 7 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. system.1 (5) The department may use funds allocated pursuant to this Subsection2 to support any local enrollment pilot programs during the 2014-2015 school3 year in order to inform the establishment of rules adopted by the state board on4 or before June 30, 2015.5 B. The department may establish start-up or incubation grants to6 encourage sufficient supply of high-quality local early learning enrollment7 coordinators.8 C. The local early learning enrollment coordinator shall annually submit9 to the department an independent financial audit conducted by a certified10 public accountant who has been approved by the legislative auditor. Such audit11 shall be accompanied by the auditor's statement that the report is free of12 material misstatements. The audit shall be limited in scope to those records13 necessary to ensure that the local early learning enrollment coordinator has14 used funds to perform required services, and it shall be submitted to the15 legislative auditor for review and investigation of any irregularities or audit16 findings. The local early learning enrollment coordinator shall return to the17 state any funds that the legislative auditor determines were expended in a18 manner inconsistent with state law or state board regulations. The cost of such19 audit shall be paid by the department from funds provided pursuant to20 Subsection A of this Section.21 §407.45. Rules22 The state board shall adopt all rules and regulations required in this Part23 in accordance with the Administrative Procedure Act.24 §407.46. Compliance25 Nothing in this Part shall prevent any Head Start grantee or Early Head26 Start grantee from complying with all applicable federal laws, regulations,27 standards, and grant requirements.28 Section 2. This Act shall become effective upon signature by the governor or, if not29 signed by the governor, upon expiration of the time for bills to become law without signature30 SB NO. 533 ENROLLED Page 7 of 7 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If1 vetoed by the governor and subsequently approved by the legislature, this Act shall become2 effective on the day following such approval.3 PRESIDENT OF THE SENATE SPEAKER OF THE HOUSE OF REPRESENTATIVES GOVERNOR OF THE STATE OF LOUISIANA APPROVED: