HLS 20RS-586 ENGROSSED 2020 Regular Session HOUSE BILL NO. 251 BY REPRESENTATIVE HILFERTY AND SENATOR MIZELL EARLY CHILDHOOD: Recreates the Early Childhood Care and Education Commission 1 AN ACT 2To amend and reenact R.S. 17:407.51(H)(2), to enact R.S. 17:407.23(D)(3) and Part X-F of 3 Chapter 1 of Title 17 of the Louisiana Revised Statutes of 1950, to be comprised of 4 R.S. 17:407.101, and R.S. 36:651(G)(8), and to repeal R.S. 17:407.23(D)(3) and Part 5 X-F of Chapter 1 of Title 17 of the Louisiana Revised Statutes of 1950, comprised 6 of R.S. 17:407.101, and R.S. 36:651(G)(8), relative to the development of early 7 childhood care and education; to establish the Early Childhood Care and Education 8 Commission; to provide relative to the purpose, membership, and meetings of the 9 commission; to require the commission to study and make recommendations relative 10 to specific matters; to require the commission to report to the legislature; to provide 11 for termination of the commission; to provide for the authority and responsibilities 12 of the State Board of Elementary and Secondary Education; to provide for the 13 powers and duties of the Advisory Council on Early Childhood Care and Education; 14 and to provide for related matters. 15Be it enacted by the Legislature of Louisiana: 16 Section 1. R.S. 17:407.51(H)(2) is hereby amended and reenacted and R.S. 1717:407.23(D)(3) and Part X-F of Chapter 1 of Title 17 of the Louisiana Revised Statutes of 181950, comprised of R.S. 17:407.101, are hereby enacted to read as follows: 19 §407.23. Early Childhood Care and Education Network; creation; components; 20 duties and responsibilities; pilot programs 21 * * * Page 1 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 20RS-586 ENGROSSED HB NO. 251 1 D. 2 * * * 3 (3) The state Department of Education shall provide updates on the pilot 4 programs to the Early Childhood Care and Education Commission. 5 * * * 6 §407.51. Advisory Council 7 * * * 8 H. 9 * * * 10 (2) Beginning April 1, 2020, 2023, the council shall regularly evaluate the 11 implementation of the plan for early childhood care and education established by the 12 Early Childhood Care and Education Commission and provide recommendations to 13 support its implementation. 14 * * * 15 PART X-F. EARLY CHILDHOOD CARE AND EDUCATI ON COMMISSION 16 §407.101. Early Childhood Care and Education Commission 17 A. The legislature finds that the early childhood care and education network 18 established by Act No. 3 of the 2012 Regular Session of the Legislature and 19 community networks created by the State Board of Elementary and Secondary 20 Education have been instrumental in improving kindergarten readiness. Community 21 networks, especially those with the highest performance, are able to demonstrate that 22 affordable access can be achieved when provided with adequate resources. Providing 23 early childhood programming of high quality, rather than affordable access alone, 24 must remain a state priority. While quality can be measured on a statewide basis, it 25 is best assured through community-based plans and local early childhood program 26 collaboration. 27 B. The Early Childhood Care and Education Commission is hereby 28 established for the purpose of building on the foundation established by Act No. 3 Page 2 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 20RS-586 ENGROSSED HB NO. 251 1 of the 2012 Regular Session of the Legislature to create a vision for the future of 2 early childhood care and education in Louisiana. 3 C.(1) The commission is composed of forty members as follows: 4 (a) One representative of a municipality that receives Head Start funding, 5 appointed by the governor. 6 (b) One representative of a Head Start program, appointed by the governor. 7 (c) One representative of a child advocacy or community organization, 8 appointed by the governor. 9 (d) One representative of a special-needs advocacy organization, appointed 10 by the governor. 11 (e) One representative of the governor's office, appointed by the governor. 12 (f) One business representative, appointed by the speaker of the House of 13 Representatives. 14 (g) One local school superintendent, appointed by the speaker of the House 15 of Representatives. 16 (h) One representative of Type III early learning centers, appointed by the 17 speaker of the House of Representatives. 18 (i) One representative of a child advocacy or community organization, 19 appointed by the speaker of the House of Representatives. 20 (j) One parent of a child in a publicly funded child daycare center, Early 21 Head Start Center, Head Start Center, or stand-alone prekindergarten program, 22 appointed by the speaker of the House of Representatives. 23 (k) Two members of the House of Representatives, appointed by the speaker 24 of the House of Representatives. 25 (l) One business representative, appointed by the president of the Senate. 26 (m) One local school superintendent, appointed by the president of the 27 Senate. 28 (n) One representative of Type III early learning centers, appointed by the 29 president of the Senate. 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HLS 20RS-586 ENGROSSED HB NO. 251 1 (o) One representative of a child advocacy or community organization, 2 appointed by the president of the Senate. 3 (p) One parent of a child in a publicly funded child daycare center, Early 4 Head Start Center, Head Start Center, or stand-alone prekindergarten program, 5 appointed by the president of the Senate. 6 (q) Two members of the Senate, appointed by the president of the Senate. 7 (r) Two representatives of high-performing community early childhood care 8 and education networks, appointed by the State Board of Elementary and Secondary 9 Education upon recommendation of the state superintendent of education. 10 (s) One representative of a nonpublic school participating in a publicly 11 funded early childhood care and education program, appointed by the State Board 12 of Elementary and Secondary Education. 13 (t) A member appointed by the American Academy of Pediatrics, Louisiana 14 Chapter. 15 (u) One person with professional expertise in the operations of a family care 16 center, appointed by the governor. 17 (v) One early care and education researcher from a public postsecondary 18 education institution, appointed by the speaker of the House of Representatives. 19 (w) One representative from either a Type I or Type II early learning center, 20 appointed by the president of the Senate. 21 (x) One representative of maternal, infant, and early childhood home 22 visitation programs within the Bureau of Family Health, appointed by the secretary 23 of the Louisiana Department of Health. 24 (y) One representative of the Early Steps program within the Bureau of 25 Family Health, appointed by the secretary of the Louisiana Department of Health. 26 (z) One representative of early childhood programs within the state 27 Department of Education, appointed by the state superintendent of education. 28 (aa) One representative of the Louisiana Head Start Collaboration Office, 29 appointed by the state superintendent of education. 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HLS 20RS-586 ENGROSSED HB NO. 251 1 (bb) One representative of the special education programs within the 2 Department of Education, appointed by the state superintendent of education. 3 (cc) A staff member of the Board of Regents, appointed by the Board of 4 Regents. 5 (dd) The secretary of the Louisiana Workforce Commission, or his designee. 6 (ee) The secretary of the Department of Economic Development, or his 7 designee. 8 (ff) The secretary of the Department of Children and Family Services, or his 9 designee. 10 (gg) One professional with expertise in the socioemotional development and 11 well-being of children from birth through age four, appointed by the governor. 12 (hh) One early intervention researcher from a Louisiana public 13 postsecondary education institution, appointed by the Board of Regents. 14 (ii) One early childhood education researcher from a Louisiana public 15 postsecondary education institution, appointed by the Board of Regents. 16 (jj) One member of the State Board of Elementary and Secondary Education, 17 appointed by the president of the board. 18 (kk) One early childhood development and education specialist, appointed 19 by the president of the Center for Development and Learning. 20 (2) A vacancy in the membership of the commission shall be filled in the 21 same manner as the original appointment. 22 (3) The chairman of the House Committee on Education and chairman of the 23 Senate Committee on Education, acting jointly, shall select two members to serve 24 as co-chairmen of the commission. 25 (4) The members of the commission shall serve without compensation. 26 D. The state Department of Education shall provide staff support for the 27 commission. 28 E. The commission shall study and make recommendations relative to 29 establishing a vision for the future of early childhood care and education in Page 5 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 20RS-586 ENGROSSED HB NO. 251 1 Louisiana. When conducting analysis and making recommendations relative to a 2 vision and framework, the commission shall do all of the following: 3 (1) Gather and analyze data relative to the current availability, quality, and 4 cost of early childhood care and education throughout the state for children from 5 birth through age four, determine needs and priorities, and develop a plan focused 6 on family access, affordability, and quality. 7 (2) Consider research, local coordination currently established in Louisiana 8 including current high-performing community networks, and related work done in 9 other states to determine best practices for the purpose of informing and fostering the 10 continued development of local governing entities that coordinate across programs 11 and providers in order to meet family needs, drive quality improvement, maximize 12 financial resources, and support children from birth through age four and their 13 families. 14 (3) Determine a sustainable infrastructure to ensure quality programs across 15 providers. Such infrastructure shall include workforce and professional development, 16 monitoring and assessment, coordinated enrollment, and data-informed 17 decisionmaking. 18 (4) Identify opportunities for collaboration and coordination among 19 programs and agencies responsible for development of children from birth through 20 age four. 21 (5) Define a timeframe for achieving the vision and determine benchmarks 22 for the intervening years. 23 (6) Determine the amount of funding needed to achieve affordable access to 24 quality care and education for all children from birth through age four and 25 recommend policies that prioritize the allocation of future funding. 26 (7) Gather and analyze data, laws, and policy in Louisiana and other states 27 where children are in the care of family child care providers and consider and make 28 recommendations relative to the incorporation of such providers into the early 29 childhood care and education network. Page 6 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 20RS-586 ENGROSSED HB NO. 251 1 (8) Establish and appoint members to a task force to identify and recommend 2 alternative state and local funding strategies for quality early childhood care and 3 education. The commission shall incorporate the task force's findings and 4 recommendations into the report that the commission produces pursuant to 5 Subsection F of this Section. 6 (a) The state Department of Education shall provide staff support for the task 7 force. 8 (b) The task force shall have the following nine members: 9 (i) The two co-chairs of the commission, each of whom may designate 10 someone to serve in his place. 11 (ii) One representative of the business community. 12 (iii) One person with significant experience in the generation and 13 administration of local government revenue. 14 (iv) One representative of a statewide public policy organization involved 15 in early childhood issues. 16 (v) One representative of a statewide foundation or nonprofit organization 17 involved in early childhood issues. 18 (vi) One representative of a child advocacy or community organization. 19 (vii) One representative of a public postsecondary education institution in 20 Louisiana representing the discipline of economics with experience in the study of 21 local, state, and regional fiscal policy. 22 (viii) One parent of a child in a publicly funded childcare center, Early Head 23 Start Center, Head Start Center, or stand-alone prekindergarten program. 24 F. Not later than fourteen days prior to the beginning of the 2021 Regular 25 Session of the Legislature, the commission shall produce a report of its findings and 26 recommendations. Not later than fourteen days prior to the beginning of the 2022 27 Regular Session of the Legislature, the commission shall produce a report on the 28 status of the implementation of its recommendations. The reports shall be provided 29 to the governor, members of the legislature, the state superintendent of education, Page 7 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 20RS-586 ENGROSSED HB NO. 251 1 and the State Board of Elementary and Secondary Education no less than fourteen 2 days prior to the first day of the regular session. 3 G. The commission shall meet at least twice between the 2020 and 2021 4 Regular Sessions of the Legislature and shall meet at least twice between the 2021 5 and 2022 Regular Sessions of the Legislature during which meetings the state 6 Department of Education shall provide updates on how the commission's 7 recommendations are being implemented. The commission shall make any further 8 recommendations it deems necessary to advance the vision and goals established. 9 H. A majority of the members of the commission shall constitute a quorum 10 for the transaction of business. The commission shall be domiciled in Baton Rouge 11 but may hold public hearings elsewhere in the state. 12 Section 2. R.S. 36:651(G)(8) is hereby enacted to read as follows: 13 §651. Transfer of boards, commissions, departments, and agencies to Department 14 of Education; boards, commissions, and agencies within Department of 15 Education 16 * * * 17 G. The following agencies, as defined by R.S. 36:3, are transferred to and 18 hereafter shall be within the Department of Education as provided in Part III of 19 Chapter 22 of this Title: 20 * * * 21 (8) The Early Childhood Care and Education Commission (R.S. 17:407.101). 22 * * * 23 Section 3. R.S. 17:407.23(D)(3), Part X-F of Chapter 1 of Title 17 of the Louisiana 24Revised Statutes of 1950, comprised of R.S. 17:407.101, and R.S. 36:651(G)(8) are hereby 25repealed in their entirety. 26 Section 4.(A) Sections 1 and 2 and this Section of this Act shall become effective 27upon signature of this Act by the governor or, if not signed by the governor, upon expiration 28of the time for bills to become law without signature by the governor, as provided by Article 29III, Section 18 of the Constitution of Louisiana. If this Act is vetoed by the governor and Page 8 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 20RS-586 ENGROSSED HB NO. 251 1subsequently approved by the legislature, Sections 1 and 2 and this Section of this Act shall 2become effective on the day following such approval. 3 (B) Section 3 of this Act shall become effective on July 1, 2022. 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)] HB 251 Engrossed 2020 Regular Session Hilferty Abstract: Re-creates the Early Childhood Care and Education Commission. Present law provides for the Early Childhood Care and Education Network, a comprehensive and integrated network through which the State Bd. of Elementary and Secondary Education (BESE) manages and oversees all programs funded through state and federal resources that provide early childhood care or education services. Prior law, which terminated on March 31, 2020, created the Early Childhood Care and Education Commission to study and make recommendations relative to early childhood care and education issues. Proposed law re-creates the commission and requires it to collect data, consider research and current practices, determine a sustainable infrastructure, identify opportunities for collaboration, determine a time frame and necessary funding to achieve affordable access to quality care and education for all children from birth through age four, and make recommendations relative to the incorporation of family child care providers into the early childhood care and education network. Also requires the commission to produce reports for submission to the governor, legislature, state superintendent of education, and BESE and to establish a task force to identify and recommend alternative state and local funding strategies. Proposed law provides for termination of the commission on July 1, 2022. Effective upon signature of governor or lapse of time for gubernatorial action, except repeal of proposed law is effective July 1, 2022. (Amends R.S. 17:407.51(H)(2); Adds R.S. 17:407.23(D)(3) and 407.101 and R.S. 36:651(G)(8); Repeals R.S. 17:407.23(D)(3) and 407.101 and R.S. 36:651(G)(8)) Summary of Amendments Adopted by House The Committee Amendments Proposed by House Committee on Education to the original bill: 1. Increase commission membership by adding two members. 2. Additionally require the commission to: (a)Establish a task force to identify and recommend alternative state and local funding strategies. (b)Make recommendations relative to the incorporation of family child care providers into the early childhood care and education network. Page 9 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions.