Louisiana 2014 2014 Regular Session

Louisiana Senate Bill SB533 Comm Sub / Analysis

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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
LaFleur	SB No. 533
Proposed law establishes La. early learning enrollment coordination procedures.  Requires
the State Board of Elementary and Secondary Education (BESE) to approve a process to
authorize entities as local early learning enrollment coordinators to begin performing
required services in school systems in the 2015-2016 school year. Provides for the
responsibilities of such coordinators including conducting a process for informing families
about early childhood care and education programs, collecting family preferences, using a
common application process, determining demand, and making recommendations to the state
Dept. of Education (DOE). Provides for initial authorization of local early learning
enrollment coordinators for a period up to five years and provides that BESE may grant
renewal 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.
Provides that prior to authorizing local early learning enrollment coordinators, BESE shall:
(1)Provide certain information to public school governing authorities and other
specified child care providers (nonpublic and public) relative to informing families
about the availability of publicly-funded and Type III licensed early childhood care
and education programs, coordinating enrollment, eligibility criteria, and waiting
lists, collecting family preferences for enrollment, and providing related timelines.
(2)Not certify any entity as a local early learning enrollment coordinator unless it is in
compliance with procedures and regulations established by BESE. Requires that the
entity 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 La. public
postsecondary education institution, or a nonprofit corporation established by the
governing authority of a parish or municipality.
(3)Review proposed local early learning enrollment coordinators 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 DOE serves as the local early learning enrollment
coordinator for those coverage areas without an approved entity.
(5)Promulgate rules establishing an appeals process and designating DOE to oversee
the process for families and early learning centers to appeal decisions made by local
early learning enrollment coordinators.
Relative to funding for local early learning enrollment coordinators, provides that the DOE
shall allocate not more than 1% of the public funds appropriated for each early childhood
care and education program in the coverage area to support the local early learning
enrollment coordinator in performing the services required by proposed law. Specifies that
the amount allocated from the funding for each early childhood care and education program
shall be proportionate to the number of children in the program enrolled by the local early
learning enrollment coordinator for the coverage area and if an allocation cannot be made
from a funding stream to support the early learning enrollment coordinator for a coverage
area, the amount established for that funding stream to support the early learning enrollment
coordinator shall be allocated from the remaining program funding streams in an amount
proportionate to the number of children in each program enrolled by the local early learning
enrollment coordinator for the coverage area.  Prohibits BESE from allocating additional
funds to support early learning enrollment coordinators, as provided in proposed law, from
the funding stream for any early childhood care and education program that has a per-child RDCSB533 331 5664
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allocation or subsidy below the state average per-child allocation or subsidy for all programs
included in the enrollment system. Authorizes the DOE to 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 June 30, 2015.
Provides that Head Start programs shall fund their respective recruitment, selection, and
enrollment system mandated by applicable federal laws, regulations, standards, and grant
requirements and shall collaborate with local schools and early learning centers to conduct
combined recruitment enrollment activities as defined in proposed law.
Authorizes BESE to establish start-up or incubation grants to encourage sufficient supply
of high-quality local early learning enrollment coordinators.
Requires local early learning enrollment coordinators 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. Limits the audit to those records necessary to ensure that the
coordinator has used funds to perform required services and requires that it be submitted to
the legislative auditor for review. 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.  Provides that the cost of the
audit shall be paid by the DOE from funds provided pursuant to proposed law.
Provides that proposed law shall not prevent any Head Start grantee or Early Head Start
grantee from complying with all applicable federal laws, regulations, standards, and grant
requirements.
Requires BESE to adopt all rules required pursuant to proposed law in accordance with the
Administrative Procedure Act.
Provides for definitions for purposes of proposed law.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 17:407.41-407.46)
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. RDCSB533 331 5664
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Senate Floor Amendments to engrossed bill
1. Technical amendments.
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Education to the
reengrossed bill.
1. Adds to actions required by BESE prior to authorizing local early learning
coordinators that the board provide certain information relative to informing
families about the availability of Type III licensed early childhood care and
education programs, coordinate enrollment, eligibility criteria, and waiting lists,
collect family preferences for enrollment, and provide related timelines.
2. In proposed law definition of "local early learning enrollment coordinator", adds
that such coordinator is one that conducts a process for informing families about
Type III licensed early childhood care and education programs (in addition to
such publicly-funded programs).
3. Relative to funding for local early learning enrollment coordinators, refers to
coverage areas identified by BESE instead of geographic boundaries of public
school systems; refers to funding streams instead of a state-appropriated funding
stream; and adds that Head Start programs shall fund their respective
recruitment, selection, and enrollment system mandated by applicable federal
laws, regulations, standards, and grant requirements and shall collaborate with
local schools and early learning centers to conduct combined recruitment
enrollment activities.
4. Adds that proposed law shall not prevent any Head Start grantee or Early Head
Start grantee from complying with all applicable federal laws, regulations,
standards, and grant requirements.