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