46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO EDUCATION; CREATING THE OFFICE OF EARLY EDUCATION IN THE STATE DEPARTMENT OF PUBLIC EDUCATION; PROVIDING DUTIES; TRANSFERRING APPROPRIATIONS AND PROPERTY OF THE OFFICE OF CHILD DEVELOPMENT IN THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT TO THE OFFICE OF EARLY EDUCATION; REPEALING SECTIONS 32A-16-1 THROUGH 32A-16-4 NMSA 1978 (BEING LAWS 1989, CHAPTER 290, SECTIONS 1 THROUGH 4, AS AMENDED); MAKING AN APPROPRIATION.

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

Section 1. A new section of the Public School Code is enacted to read:

"[NEW MATERIAL] OFFICE OF EARLY EDUCATION CREATED--DUTIES.--The "office of early education" is created in the department of education. The office shall:

A. develop and recommend to the state board certification and licensure requirements for persons, required by law to be certified or licensed, who work in early education programs for children through third grade;

B. develop and recommend to the state board licensure requirements that are based on the age of the children served, for nonpublic school personnel, the training facility used and the programs in which nonpublic school employees are employed;

C. provide leadership to prioritize, link, coordinate, integrate and consolidate early education programs to maximize the effectiveness and efficiency of resources, eliminate duplication, improve quality and provide all New Mexico children with equitable access to a seamless continuum of quality early education programs;

D. work with relevant federal and state agencies responsible for early education programs to establish interrelated rules and overarching systems of accountability;

E. develop and propose to the state board program criteria for state-funded early education;

F. recommend rule changes, policies and legislation that support the integration of early education programs;

G. ensure the coordination and effectiveness of training and technical assistance for early education programs, including the management of quality set-aside childcare funding;

H. establish criteria and administer a comprehensive scholarship and compensation initiative for early education program personnel and new faculty scholarships;

I. establish and maintain data and information regarding all aspects of the early education system;

J. administer the head start collaboration project;

K. develop a strategic plan to ensure equal access to quality early education programs for three- and four-year- old children in New Mexico;

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

M. develop and recommend to the state board program criteria for state-funded preschool programs serving children from birth to five years of age, provided the criteria shall not apply to programs serving children, from birth through two years of age, who are developmentally delayed or at risk for developmental delay, and programs serving children, from three through five years of age, who are developmentally disabled; and

N. work with other state agencies to monitor the implementation of state-funded preschool program criteria."

Section 2. Section 22-8-19.1 NMSA 1978 (being Laws 1992, Chapter 83, Section 1, as amended) is amended to read:

"22-8-19.1. PRESCHOOL PROGRAMS--SELECTED DISTRICTS.--

A. The [children, youth and families] department shall fund preschool programs for zero- to five-year-old children in selected school districts. The [children, youth and families] department, through the office of [child development] early education, shall distribute any appropriation for this purpose to local entities upon [approval by the children, youth and families department of an] application from an individual school district or community-based early childhood education program. The preschool programs shall collaborate, where possible, with existing headstart programs or with other appropriate early childhood education programs in the community, and the preschool programs shall use one of the following three models:

(1) a community-based early childhood education program;

(2) a school-based early childhood education program; or

(3) a home-based early childhood education program.

B. School districts may choose to contract with licensed community-based early childhood education programs already in existence. School-based early childhood education programs may be housed in a school accredited by the department [of education]. A home-based early childhood education program may include a parents-as-teachers program, which supports parents in meeting the developmental learning and social growth needs of their young children.

C. Each preschool program shall have a strong parental involvement component, a staff development component

and a procedural process to enable the office of [child development] early education to monitor and evaluate the program. The curriculum for each program shall comprehensively 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 sensitivity, in coordination with other resources for families."

Section 3. TEMPORARY PROVISION--TRANSFER OF PERSONNEL, PROPERTY, CONTRACTS AND REFERENCES IN LAW.--On July 1, 2003:

A. all functions, personnel, appropriations, money, records, equipment, supplies and other property of the office of child development of the children, youth and families department are transferred to the office of early education of the state department of public education;

B. all contracts of the office of child development shall be binding and effective on the office of early education; and

C. all references in law to the office of child development shall be deemed to be references to the office of early education.

Section 4. APPROPRIATION.--Five hundred thousand dollars ($500,000) is appropriated from the general fund to the state department of public education for expenditure in fiscal year 2004 to establish the office of early education. Any unexpended or unencumbered balance remaining at the end of fiscal year 2004 shall revert to the general fund.

Section 5. REPEAL.--Sections 32A-16-1 through 32A-16-4 NMSA 1978 (being Laws 1989, Chapter 290, Sections 1 through 4, as amended) are repealed.