ENROLLED ACT No. 180 2020 Regular Session HOUSE BILL NO. 251 BY REPRESENTATIVES HILFERTY AND EDMONDS AND SENATOR MIZELL AND REPRESENTATIVES ADAMS, BACALA, BAGLEY, BRASS, BROWN, BRYANT, BUTLER, GARY CARTER, WILFORD CARTER, CORMIER, COX, CREWS, DAVIS, DESHOTEL, DUPLESSIS, FARNUM, FREEMAN, FREIBERG, GAINES, GAROFALO, GREEN, HORTON, HUGHES, ILLG, MIKE JOHNSON, TRAVIS JOHNSON, JONES, JORDAN, KERNER, LACOMBE, LANDRY, LARVADAIN, LYONS, MACK, MARCELLE, MARINO, MCKNIGHT, MCMAHEN, MOORE, NEWELL, CHARLES OWEN, PIERRE, PRESSLY, SCHEXNAYDER, SELDERS, ST. BLANC, STAGNI, THOMAS, WHITE, WILLARD, AND WRIGHT 1 AN ACT 2 To amend and reenact R.S. 17:407.51(H)(2), to enact R.S. 17:407.23(D)(3), 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), Part X- 5 F of Chapter 1 of Title 17 of the Louisiana Revised Statutes of 1950, comprised of 6 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. 15 Be 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. 17 17:407.23(D)(3) and Part X-F of Chapter 1 of Title 17 of the Louisiana Revised Statutes of 18 1950, comprised of R.S. 17:407.101, are hereby enacted to read as follows: Page 1 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 251 ENROLLED 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 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 251 ENROLLED 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-one 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. Page 3 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 251 ENROLLED 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. Page 4 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 251 ENROLLED 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 (ll) One member of the Louisiana Educational Television Authority, 23 appointed by the chairman of the authority. 24 (2) A vacancy in the membership of the commission shall be filled in the 25 same manner as the original appointment. 26 (3) The chairman of the House Committee on Education and chairman of the 27 Senate Committee on Education, acting jointly, shall select two members to serve 28 as co-chairmen of the commission. 29 (4) The members of the commission shall serve without compensation. Page 5 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 251 ENROLLED 1 D. The state Department of Education shall provide staff support for the 2 commission. 3 E. The commission shall study and make recommendations relative to 4 establishing a vision for the future of early childhood care and education in 5 Louisiana. When conducting analysis and making recommendations relative to a 6 vision and framework, the commission shall do all of the following: 7 (1) Gather and analyze data relative to the current availability, quality, and 8 cost of early childhood care and education throughout the state for children from 9 birth through age four, determine needs and priorities, and develop a plan focused 10 on family access, affordability, and quality. 11 (2) Consider research, local coordination currently established in Louisiana 12 including current high-performing community networks, and related work done in 13 other states to determine best practices for the purpose of informing and fostering the 14 continued development of local governing entities that coordinate across programs 15 and providers in order to meet family needs, drive quality improvement, maximize 16 financial resources, and support children from birth through age four and their 17 families. 18 (3) Determine a sustainable infrastructure to ensure quality programs across 19 providers. Such infrastructure shall include workforce and professional development, 20 monitoring and assessment, coordinated enrollment, and data-informed 21 decisionmaking. 22 (4) Identify opportunities for collaboration and coordination among 23 programs and agencies responsible for development of children from birth through 24 age four. 25 (5) Define a timeframe for achieving the vision and determine benchmarks 26 for the intervening years. 27 (6) Determine the amount of funding needed to achieve affordable access to 28 quality care and education for all children from birth through age four and 29 recommend policies that prioritize the allocation of future funding. Page 6 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 251 ENROLLED 1 (7) Gather and analyze data, laws, and policy in Louisiana and other states 2 where children are in the care of family child care providers and consider and make 3 recommendations relative to the incorporation of such providers into the early 4 childhood care and education network. 5 (8) Establish and appoint members to a task force to identify and recommend 6 alternative state and local funding strategies for quality early childhood care and 7 education. The commission shall incorporate the task force's findings and 8 recommendations into the report that the commission produces pursuant to 9 Subsection F of this Section. 10 (a) The state Department of Education shall provide staff support for the task 11 force. 12 (b) The task force shall have the following nine members: 13 (i) The two co-chairs of the commission, each of whom may designate 14 someone to serve in his place. 15 (ii) One representative of the business community. 16 (iii) One person with significant experience in the generation and 17 administration of local government revenue. 18 (iv) One representative of a statewide public policy organization involved 19 in early childhood issues. 20 (v) One representative of a statewide foundation or nonprofit organization 21 involved in early childhood issues. 22 (vi) One representative of a child advocacy or community organization. 23 (vii) One representative of a public postsecondary education institution in 24 Louisiana representing the discipline of economics with experience in the study of 25 local, state, and regional fiscal policy. 26 (viii) One parent of a child in a publicly funded childcare center, Early Head 27 Start Center, Head Start Center, or stand-alone prekindergarten program. 28 F. Not later than fourteen days prior to the beginning of the 2021 Regular 29 Session of the Legislature, the commission shall produce a report of its findings and 30 recommendations. Not later than fourteen days prior to the beginning of the 2022 Page 7 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 251 ENROLLED 1 Regular Session of the Legislature, the commission shall produce a report on the 2 status of the implementation of its recommendations. The reports shall be provided 3 to the governor, members of the legislature, the state superintendent of education, 4 and the State Board of Elementary and Secondary Education no less than fourteen 5 days prior to the first day of the regular session. 6 G. The commission shall meet at least twice between the 2020 and 2021 7 Regular Sessions of the Legislature and shall meet at least twice between the 2021 8 and 2022 Regular Sessions of the Legislature during which meetings the state 9 Department of Education shall provide updates on how the commission's 10 recommendations are being implemented. The commission shall make any further 11 recommendations it deems necessary to advance the vision and goals established. 12 H. A majority of the members of the commission shall constitute a quorum 13 for the transaction of business. The commission shall be domiciled in Baton Rouge 14 but may hold public hearings elsewhere in the state. 15 Section 2. R.S. 36:651(G)(8) is hereby enacted to read as follows: 16 §651. Transfer of boards, commissions, departments, and agencies to Department 17 of Education; boards, commissions, and agencies within Department of 18 Education 19 * * * 20 G. The following agencies, as defined by R.S. 36:3, are transferred to and 21 hereafter shall be within the Department of Education as provided in Part III of 22 Chapter 22 of this Title: 23 * * * 24 (8) The Early Childhood Care and Education Commission (R.S. 17:407.101). 25 * * * 26 Section 3. R.S. 17:407.23(D)(3), Part X-F of Chapter 1 of Title 17 of the Louisiana 27 Revised Statutes of 1950, comprised of R.S. 17:407.101, and R.S. 36:651(G)(8) are hereby 28 repealed in their entirety. 29 Section 4.(A) Sections 1 and 2 and this Section of this Act shall become effective 30 upon signature of this Act by the governor or, if not signed by the governor, upon expiration Page 8 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 251 ENROLLED 1 of the time for bills to become law without signature by the governor, as provided by Article 2 III, Section 18 of the Constitution of Louisiana. If this Act is vetoed by the governor and 3 subsequently approved by the legislature, Sections 1 and 2 and this Section of this Act shall 4 become effective on the day following such approval. 5 (B) Section 3 of this Act shall become effective on July 1, 2022. SPEAKER OF THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED: Page 9 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions.