SENATE EDUCATION COMMITTEE SUBSTITUTE FOR

SENATE BILL 605

50th legislature - STATE OF NEW MEXICO - first session, 2011

AN ACT

RELATING TO THE PUBLIC PEACE, HEALTH, SAFETY AND WELFARE; EXPANDING THE NUMBER OF PROVIDERS ELIGIBLE FOR PRE-KINDERGARTEN SERVICES; ALLOWING THE PUBLIC EDUCATION DEPARTMENT TO PROVIDE APPLICATIONS FOR PRE-KINDERGARTEN SERVICES.

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

     SECTION 1. Section 32A-23-5 NMSA 1978 (being Laws 2005, Chapter 170, Section 5) is amended to read:

     "32A-23-5. PRE-KINDERGARTEN--ELIGIBILITY.--Pre-kindergarten services may be provided by public schools or eligible providers on a per-child reimbursement rate in communities with [the highest percentage of] public elementary schools that are designated as Title 1 schools [and that serve the highest percentage of public elementary students who are not meeting the proficiency component required for calculating adequate yearly progress]."

     SECTION 2. Section 32A-23-6 NMSA 1978 (being Laws 2005, Chapter 170, Section 6) is amended to read:

     "32A-23-6. REQUESTS FOR PROPOSALS--CONTRACTS FOR SERVICES.--

          A. [Each] The children, youth and families department shall publish a request for proposals for pre-kindergarten services, and the public education department shall publish a request for applications for pre-kindergarten services.

          B. Eligible providers shall submit proposals and applications for pre-kindergarten services to [each] the appropriate department. An eligible [provider] provider's proposal or application shall include a description of the services that will be provided, including:

                (1) how those services meet children, youth and families department or public education 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 and amounts other than state funding available for the pre-kindergarten program;

                (5) a 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 program;

                (7) how those services meet the continuum of services to children; and 

                (8) other relevant information requested by the departments.

          C. The public education department shall accept and evaluate [proposals] applications from school districts for funding for pre-kindergarten. The children, youth and families department shall accept and evaluate proposals from other eligible providers.

          D. For funding purposes, applications and proposals shall be evaluated [on the percentage and number of public elementary schools in the community that are not meeting the proficiency component required for calculating adequate yearly progress and that are serving children] and priority given to programs in communities with public elementary schools that are designated as Title 1 schools and that have at least sixty-six percent of [whom live] the children served living within the attendance zone of a Title 1 elementary school. 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; and

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

          E. A contract with an eligible children, youth and families department provider and an agreement with an eligible public education department provider shall specify and ensure that funds shall not be used for any religious, sectarian or denominational purposes, instruction or material."

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