2005 Senate Bill text for SB0360

SENATE BILL 360

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Cynthia Nava

FOR THE LEGISLATIVE EDUCATION STUDY COMMITTEE

AN ACT

RELATING TO CHILDREN; ENACTING THE PRE-KINDERGARTEN ACT; PROVIDING FOR VOLUNTARY PARTICIPATION IN PRE-KINDERGARTEN PROGRAMS; CREATING COMMUNITY COUNCILS; PROVIDING POWERS AND DUTIES; PROVIDING FOR GRANTS; EXPANDING THE MEMBERSHIP AND DUTIES OF THE CHILD DEVELOPMENT BOARD; CREATING A FUND; MAKING APPROPRIATIONS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. [NEW MATERIAL] SHORT TITLE.--Sections 1 through 8 of this act may be cited as the "Pre-Kindergarten Act".

Section 2. [NEW MATERIAL] FINDINGS AND PURPOSE.--The legislature finds that research provides evidence that participation in a quality preschool program has a positive effect on children's intellectual, emotional, social and physical development. The purpose of the Pre-Kindergarten Act is to support pre-kindergarten programs in communities throughout the state that will improve the development of children so they are ready to learn when they enter the educational system.

Section 3. [NEW MATERIAL] DEFINITIONS.--As used in the Pre-Kindergarten Act:

A. "community" means an area defined by school district boundaries, tribal boundaries or joint boundaries of a school district and tribe or any combination of school districts and tribes;

B. "community council" means an early childhood community council;

C. "departments" means the children, youth and families department and the public education department acting jointly;

D. "early childhood development specialist" means the adult responsible for working directly with four-year-old children in implementing the pre-kindergarten program;

E. "eligible provider" means a program licensed by the children, youth and families department that provides early childhood development services or preschool special education, or is a public school or head start program;

F. "pre-kindergarten" means a program for children who have attained their fourth birthday prior to September 1 of the school year; and

G. "tribe" means an Indian nation, tribe or pueblo located in New Mexico.

Section 4. [NEW MATERIAL] VOLUNTARY PRE-KINDERGARTEN--INTERAGENCY COOPERATION--GRANTS--GRANT MONITORING--RESEARCH.--

A. The children, youth and families department and the public education department shall cooperate in the development and implementation of a voluntary program for the provision of pre-kindergarten services throughout the state. The curriculum for each program shall address the total developmental needs of the child, including physical, cognitive, social and emotional needs, and shall include aspects of health care, nutrition, safety, the needs of the family and multicultural and linguistic sensitivity, in coordination with other resources for families. The departments shall adopt and promulgate joint rules on pre-kindergarten services, including state policies and standards and the review process for grant applications. The rules shall include funding for a half-day per-child reimbursement rate and additional funding based on the licensure level of the lead early childhood development specialist in each pre-kindergarten program. For the first two years of implementation, public schools and private early childhood programs that are licensed as of July 1, 2005 will be given first priority for funding in communities that have the highest percentage of public elementary schools that are not meeting adequate yearly progress.

B. The departments shall assign staff to work jointly on the development and implementation of the program. The early childhood training and technical assistance programs of the children, youth and families department and assigned staff from the public education department staff shall provide technical assistance to the community councils.

C. The child development board shall assist the departments in the development and implementation of the program.

D. The departments shall monitor, assess and evaluate the voluntary pre-kindergarten program, including how well community plans and eligible provider proposals are being carried out. The monitoring, assessment and evaluation program shall include a scientific research component. The departments shall contract with a third party to develop an evaluation component to measure the efficacy of pre-kindergarten services, including the effect of the services on the development of children and whether such services are determinant of future success in school.

E. The departments shall provide an annual report to the governor and the three permanent committees of the legislature on the progress of the state's voluntary pre-kindergarten program.

Section 5. [NEW MATERIAL] EARLY CHILDHOOD COMMUNITY COUNCILS--COMMUNITY PLANS--ELIGIBLE PROVIDER PROPOSAL.--

A. If a school district or tribe wants to participate in the state's voluntary pre-kindergarten program, it shall convene an "early childhood community council" to assist the community in preparing for and providing voluntary pre-kindergarten services. A school district and tribe may collaborate and jointly convene a council.

B. Members of a council shall have an interest in early childhood development, and shall include:

(1) parents;

(2) early childhood development specialists and providers;

(3) representatives of:

(a) public and private schools;

(b) the business community;

(d) higher education;

(e) tribes, if applicable;

(f) head start programs;

(g) training centers;

(h) civic groups;

(i) human services and health agencies; and

(j) public safety organizations; and

(4) other members as determined by the convening authority.

C. Membership of a council shall be approved by the departments.

D. In communities in which there may not be representatives of all of the core categories of participation specified in Subsection B of this section, at least fifty-one percent of the community council membership shall be those who are most affected by the actions of the community council, including parents, early childhood development specialists and early childhood development providers.

E. The members shall elect a chairperson and vice chairperson and other officers as they deem necessary. Members shall serve without compensation.

F. The community council shall:

(1) conduct an inventory of all early childhood resources within the boundaries of the school district or the boundaries of the tribe in New Mexico, including all revenue sources and the availability of facilities that meet occupancy standards as required by applicable New Mexico construction codes;

(2) perform an early childhood needs assessment for the area, including a market analysis, that shows the need for expanded pre-kindergarten services;

(3) consider how the pre-kindergarten program will supplement available services and fit into a continuum of services to children;

(4) develop a pre-kindergarten plan for the community that includes proposals from each of the eligible providers who want to participate in the pre-kindergarten program; and

(5) adopt bylaws to be approved by the departments.

G. The training and technical assistance programs of the children, youth and families department shall assist community councils to:

(1) establish priorities using existing programs first and, if necessary, integrate new early childhood development programs into the councils' respective communities;

(2) maximize financial and other resources;

(3) minimize duplication;

(4) improve the quality of pre-kindergarten programs offered in their communities; and

(5) provide children with equitable access to a continuum of quality early childhood services in their communities.

H. Eligible providers shall submit their proposals for pre-kindergarten services to the community council, which shall include the proposals with the community plan without changes. Eligible provider proposals shall include a description of the program that will be provided, including:

(1) how it meets children, youth and families department standards;

(2) the number of four-year-old children the eligible provider can serve;

(3) site and floor plans and a description of the facilities;

(4) revenue sources other than state funding available for the pre-kindergarten program;

(5) description of the qualifications and experience of the early childhood development staff for each site;

(6) the plan for communicating with and involving parents in the pre-kindergarten programs;

(7) how it meets the continuum of services to children; and

(8) other relevant information requested by the departments or the community council.

Section 6. [NEW MATERIAL] GRANT APPLICATION PROCESS.--

A. A community council may apply for a grant for pre-kindergarten services by submitting its plan, including its eligible provider proposals, to the children, youth and families department as provided by joint rule of the departments. The departments shall evaluate the community plans and how well the eligible provider proposals meet the community plan, and may fund all or part of a plan or proposal.

B. For funding purposes, grant applications shall be evaluated on the percentage and number of public elementary schools in the community that are not meeting adequate yearly progress. Additional funding criteria include:

(1) the number of four-year-olds residing in the community and the number of four-year-olds proposed to be served;

(2) the adequacy and capacity of pre-kindergarten facilities in the community;

(3) language and literacy services in the community;

(4) the cultural, historic and linguistic responsiveness to the community;

(5) parent education services available for parents of four-year-olds in the community;

(6) the qualifications of eligible providers in the community;

(7) staff professional development plans;

(8) the capacity of local organizations and persons interested in and involved in programs and services for four-year-olds and their commitment to work together;

(9) the extent of local support for pre-kindergarten services in the community;

(10) assurance that money from the pre-kindergarten fund will not be used for sectarian or denominational instruction or materials; and

(11) other relevant criteria specified by joint rule of the departments.

Section 7. [NEW MATERIAL] PROGRAM FUNDING.--Once a grant application has been approved in whole or in part by the departments, they shall determine a per-student reimbursement rate. The children, youth and families department shall reimburse eligible providers that are not public school programs. The public education department shall reimburse public school early childhood programs.

Section 8. [NEW MATERIAL] FUND CREATED--ADMINISTRATION--EXPENDITURES.--

A. The "pre-kindergarten fund" is created in the state treasury. The fund shall consist of appropriations, income from investment of the fund, gifts, grants and donations. Money in the fund shall not revert to any other fund at the end of a fiscal year.

B. The fund shall be administered by the departments, and money in the fund is appropriated to the departments based on budgets submitted to the state budget division of the department of finance and administration to pay eligible providers and other costs of the pre-kindergarten program. Money in the fund budgeted to pay eligible providers that are not public schools shall be expended by warrant signed by the secretary of finance and administration on vouchers signed by the secretary of children, youth and families or the secretary's authorized representative. Money in the fund budgeted to pay eligible providers that are public schools shall be expended by warrant signed by the secretary of finance and administration on vouchers signed by the secretary of public education or the secretary's authorized representative.

Section 9. Section 32A-16-3 NMSA 1978 (being Laws 1989, Chapter 290, Section 3) is amended to read:

"32A-16-3. CHILD DEVELOPMENT BOARD CREATED--

COMPOSITION.--

A. [There is created] The "child development board" is created. The board shall consist of [seven] nine members appointed by the governor, no more than [four] five of [which] whom shall be affiliated with the same political party. Members shall have knowledge and experience in early childhood development and education.

B. The terms of the members of the board shall be for four years; provided, as determined by lot at the first meeting of the board, two members shall serve an initial term of two years; three members an initial term of three years and two members an initial term of four years. Thereafter, all members shall be appointed for terms of [five] four years.

C. Members of the board shall receive no compensation other than per diem and mileage as provided in the Per Diem and Mileage Act.

D. Vacancies on the board shall be filled by the [appointing authority] governor for the remainder of the unexpired term."

Section 10. Section 32A-16-4 NMSA 1978 (being Laws 1989, Chapter 290, Section 4, as amended) is amended to read:

"32A-16-4. POWERS AND DUTIES OF THE BOARD.--The child development board shall:

A. recommend to the secretary of children, youth and families the hiring of a director of child development;

B. consider and adopt licensure requirements, policies and procedures for [individuals] persons working in licensed or registered health facilities with children from birth to age five; provided that such licensure requirements shall not apply to [individuals] persons working in group homes pursuant to Section 9-8-13 NMSA 1978;

C. consider and make recommendations to the [state board of] public education department regarding additional licensure requirements for public school personnel working with public school children up to age eight;

D. work with other state agencies to promote a uniform and comprehensive method of licensing child care personnel;

E. develop and adopt policies and procedures for the office of child development;

F. develop levels of licensure for nonpublic school personnel depending upon the age of children served, the training facility used and the program in which the [individual] person is employed;

G. work with the department of health to develop levels of licensure for nonpublic school personnel serving children who are developmentally delayed or at risk for developmental delay, birth through two years;

H. develop and adopt program criteria for state-funded preschool programs serving children from birth to age five; provided that criteria shall not apply to programs serving children who are developmentally delayed or at risk for developmental delay, birth through two years, and programs serving children who are developmentally disabled, three through five years; [and]

I. work with other state agencies to monitor the implementation of state-funded preschool program criteria; and

J. assist the department and the public education department in the development and implementation of the voluntary pre-kindergarten program pursuant to the Pre-Kindergarten Act; provided, however, that the board shall not make recommendations on grant applications or funding."

Section 11. APPROPRIATIONS.--

A. Nine million dollars ($9,000,000) is appropriated from the general fund to the pre-kindergarten fund for expenditure in fiscal year 2006 and subsequent fiscal years for the following purposes:

(1) seven million dollars ($7,000,000) to pay for voluntary pre-kindergarten services;

(2) two hundred thirty thousand dollars ($230,000) to monitor, assess and evaluate pre-kindergarten programs that have received grants from the state;

(3) one million five hundred thousand dollars ($1,500,000) for professional development for staffs of eligible providers and for training and support of early childhood community councils, including costs for an instrument to assess and provide credit for prior learning and experience for licensure; and

(4) two hundred seventy thousand dollars ($270,000) to administer the state program and provide training and technical assistance.

B. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.

Section 12. EFFECTIVE DATE.--The effective date of the provision of this act is July 1, 2005.

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