HB0319

HOUSE BILL 319

50th legislature - STATE OF NEW MEXICO - second session, 2012

INTRODUCED BY

Rick Miera

AN ACT

RELATING TO EDUCATION; ENACTING THE EARLY CHILDHOOD EDUCATION INVESTMENT AND ACCOUNTABILITY ACT; CREATING THE EARLY CHILDHOOD EDUCATION INVESTMENT AND ACCOUNTABILITY FUND INTO WHICH DISTRIBUTIONS FROM THE PERMANENT SCHOOL FUND WILL BE DEPOSITED CONTINGENT UPON THE PASSAGE OF A CONSTITUTIONAL AMENDMENT; DEFINING "COMMON SCHOOLS" TO INCLUDE VOLUNTARY EARLY CHILDHOOD EDUCATION SERVICES AND PROGRAMS PROVIDED BY THE PUBLIC EDUCATION DEPARTMENT AND ELIGIBLE PROVIDERS; REQUIRING PUBLIC OUTREACH AND NOTICE; REQUIRING RULES, ACCOUNTABILITY AND REPORTING.

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] SHORT TITLE.--This act may be cited as the "Early Childhood Education Investment and Accountability Act"."

SECTION 2. A new section of the Public School Code is enacted to read:

"[NEW MATERIAL] DEFINITIONS.--As used in the Early Childhood Education Investment and Accountability Act:

A. "common schools" means the provision of education by the department for children, from birth until the age of kindergarten eligibility through voluntary early childhood education services and programs and from the age of kindergarten eligibility through the age of completion of twelfth grade through compulsory public school programs;

B. "early childhood education services and programs" includes:

(1) the family, infant, toddler program;

(2) early childhood child care assistance;

(3) parent and family involvement services and home visiting; and

(4) pre-kindergarten; and

C. "eligible provider" means a school or organization qualified and prepared to provide early childhood education services and programs under a contract with the department."

SECTION 3. A new section of the Public School Code is enacted to read:

"[NEW MATERIAL] EARLY CHILDHOOD EDUCATION INVESTMENT AND ACCOUNTABILITY FUND CREATION--PURPOSE.--

A. The "early childhood education investment and accountability fund" is created in the state treasury. The fund shall consist of appropriations from distributions for early childhood education services and programs from the permanent school fund pursuant to Article 12, Section 7 of the constitution of New Mexico, other appropriations, income from investment of the fund, gifts, grants, donations and bequests. The fund shall be administered by the department, and money in the fund is appropriated to the department to carry out the purposes of the Early Childhood Education Investment and Accountability Act. Any balance in the early childhood education investment and accountability fund at the end of a fiscal year shall remain in the fund for appropriation by the legislature as provided in the Early Childhood Education Investment and Accountability Act.

B. Money distributed from the fund as provided by this section shall be used to supplement, rather than supplant, existing revenue sources for early childhood education services or programs, including other state funding, appropriations to the early childhood care and education fund, the public pre-kindergarten fund, the family, infant, toddler program and federal and private funding.

C. The department shall administer the early childhood education investment and accountability fund. The department shall collaborate with the children, youth and families department and the department of health to meet the requirements of the Early Childhood Education Investment and Accountability Act.

D. The early childhood education investment and accountability fund shall be used for the following purposes:

(1) to provide early childhood education services and programs to a child pursuant to Section 2 of the Early Childhood Education Investment and Accountability Act:

(a) from birth until the age of kindergarten eligibility; and

(b) who meets the eligibility criteria established by rule of the department in collaboration with the children, youth and families department and the department of health;

(2) for curriculum development and materials for early childhood education services and programs;

(3) for training, professional development and technical assistance for eligible providers to improve an eligible provider's provision of early childhood education services and programs; and

(4) for a ten-year, longitudinal evaluation, beginning in 2014 and ending in 2023, of the effectiveness of the early childhood education services and programs provided for by the fund and evaluated upon performance measures established by rule of the department with the assistance of the children, youth and families department."

SECTION 4. A new section of the Public School Code is enacted to read:

"[NEW MATERIAL] ELIGIBLE PROVIDER REQUIREMENTS--REQUESTS FOR PROPOSALS--CONTRACTS.--

A. To provide for common schools for children from birth until the age of kindergarten eligibility, the department shall deliver early childhood education services and programs through a public school, a pueblo or tribal entity, the New Mexico school for the blind and visually impaired, the New Mexico school for the deaf or an eligible provider.

B. When the department elects to provide early childhood education services or programs through an eligible provider, the department shall, in collaboration with the children, youth and families department and the department of health, publish a request for proposals in compliance with the Procurement Code. The request for proposals shall state:

(1) the minimum qualifications and experience required;

(2) the goals and objectives to be met through the provision of the early childhood education service or program;

(3) the ages and approximate number of children to be served; and

(4) any other criteria required by rule of the department, the children, youth and families department or the department of health.

C. An eligible provider shall:

(1) comply with the rules of the department and the children, youth and families department;

(2) certify in writing that the eligible provider shall not use any distribution or payment from the fund for any religious, sectarian or denominational purpose, instruction or materials; and

(3) in response to a request for proposals from the department, submit a proposal or application containing:

(a) a description of the early childhood education services and programs the eligible provider is qualified and prepared to deliver;

(b) a description of the methods for delivering early childhood education services and programs;

(c) an explanation of the qualifications and experience of the eligible provider and the employees of the eligible provider;

(d) the number and ages of the children the eligible provider is qualified and prepared to serve;

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

(f) an attached copy of the current declarations page of any applicable insurance policy for the eligible provider;

(g) the amount and names of revenue received in the past from state, federal or private funding sources; and

(h) any other relevant information requested by the department.

D. An eligible provider may deliver early childhood education services and programs to the child at any location permitted by the contract between the department and the eligible provider."

SECTION 5. A new section of the Public School Code is enacted to read:

"[NEW MATERIAL] PUBLIC OUTREACH AND NOTICE--APPLICATION AND ENROLLMENT.--

A. The department shall publish, in collaboration with the children, youth and families department and the department of health, notice of the availability and locations of early childhood education services and programs, the criteria for eligibility and information about how to apply for early childhood education services and programs on the department's web site and in notices made available to:

(1) enrollees in the medicaid for pregnant women program;

(2) enrollees in the medicaid for newborn children program;

(3) enrollees in the medicaid for children program;

(4) enrollees in the women, infants and children program;

(5) enrollees in public schools;

(6) the maternity ward of each hospital in sufficient and replenished quantities; and

(7) the offices of pediatricians in sufficient and replenished quantities.

B. The department shall provide a standardized application form to be used by a person applying for a child's enrollment in an early childhood education service or program.

C. The department shall provide a standardized enrollment form to be used by an eligible provider delivering any early childhood education service or program."

SECTION 6. A new section of the Public School Code is enacted to read:

"[NEW MATERIAL] RULES.--By August 1, 2012, the department shall adopt rules in collaboration with the children, youth and families department and the department of health to:

A. administer the early childhood education investment and accountability fund;

B. implement the provisions of the Early Childhood Education Investment and Accountability Act;

C. establish the criteria for a child to be eligible for early childhood education services and programs;

D. establish the criteria and procedures for accepting and rejecting applications for enrollment in each early childhood education service or program;

E. specify the minimum qualifications and experience level of an eligible provider, minimum criteria for selecting an eligible provider and minimum standards for awarding a contract to an eligible provider;

F. establish the goals and objectives to be met by the department on an annual basis and by eligible providers on a biannual basis in providing early childhood education services and programs;

G. specify performance measures for the department to evaluate eligible providers and to assess the department's progress in achieving the goals and objectives;

H. establish the criteria and procedures for measuring and certifying the quality level of each early childhood service and program; and

I. explain the measures to be taken when an eligible provider fails to meet its biannual goals and objectives or when the department fails to meet its annual goals."

SECTION 7. A new section of the Public School Code is enacted to read:

"[NEW MATERIAL] AUDIT--ACCOUNTABILITY--REPORTING.--

A. Each early childhood education service and program shall be audited annually by the state auditor.

B. By July 15 of each year, the department, in collaboration with the children, youth and families department and the department of health, shall prepare and submit to the department of finance and administration, the legislative finance committee and the legislative education study committee the department's projected provision of early childhood education services and programs during the upcoming year, including a:

(1) description of the types of early childhood education services and programs to be offered and whether each service and program will be delivered by the department or an eligible provider;

(2) description of the qualifications and experience of each employee of an eligible provider expected to provide the early childhood education services and programs;

(3) description of the purpose of and educational benefit to be conferred through each early childhood education service and program;

(4) performance-based program budget that identifies a total allowed expenditure for each early childhood education service and program;

(5) description of performance targets, including the:

(a) goals and objectives expected to be achieved by the department and each eligible provider;

(b) expected numbers of children and families to be served in each region and school district; and

(6) description of the eligibility requirements for children to receive each type of early childhood education service and program;

(7) plan for reaching and enrolling children determined to be eligible in an early childhood education service or program; and

(8) list of the names and amounts of other expected funding sources for the early childhood education services and programs to be provided pursuant to the Early Childhood Education Investment and Accountability Act.

C. By August 31, 2013 and each year thereafter, the department, in collaboration with the children, youth and families department and the department of health, shall prepare a report to be submitted to the governor and to be presented to the legislative education study committee and legislative finance committee on the use of the early childhood education investment and accountability fund during the prior fiscal year by providing:

(1) a description of the types of early childhood education services and programs provided;

(2) a list of eligible providers that provided early childhood education services and programs, the qualifications and experience of each employee of each eligible provider and the amount of funding from the fund that each eligible provider received;

(3) the numbers of children served by early childhood education services and programs;

(4) the per child cost, averaged according to the school district or region in which the child resides, of providing each early childhood education service or program through:

(a) the department; or

(b) an eligible provider;

(5) geographic, economic and relevant demographic information about the populations of children served;

(6) descriptions of the developmental and educational gains made by children who received early childhood education services and programs;

(7) the expenditures from the fund for each early childhood education service and program;

(8) whether performance targets were met for each early childhood education service and program; and

(9) other information requested by the legislature."

SECTION 8. CONTINGENT EFFECTIVE DATE.--The provisions of this act shall become effective upon certification by the secretary of state that the constitution of New Mexico has been amended as proposed by a joint resolution of the second session of the fiftieth legislature, entitled "A JOINT RESOLUTION PROPOSING AN AMENDMENT TO THE CONSTITUTION OF NEW MEXICO TO TEMPORARILY INCREASE THE DISTRIBUTION FROM THE LAND GRANT PERMANENT FUNDS, TO REQUIRE A PORTION OF THE INCREASED DISTRIBUTION FROM THE PERMANENT SCHOOL FUND TO BE USED FOR EARLY CHILDHOOD EDUCATION PROGRAMS OPERATED BY THE PUBLIC SCHOOLS OR PURSUANT TO CONTRACTS BETWEEN THE STATE AND PRIVATE ENTITIES FOR THE BENEFIT OF NON-SCHOOL-AGE CHILDREN, TO INDEFINITELY EXTEND ANOTHER DISTRIBUTION, WITH THE REQUIREMENT THAT THE PORTION OF THE DISTRIBUTION FROM THE PERMANENT SCHOOL FUND BE USED TO IMPLEMENT AND MAINTAIN EDUCATIONAL REFORMS, TO PROVIDE AN ADDITIONAL DISTRIBUTION FOR THE SOLE BENEFIT OF THE PUBLIC SCHOOLS AND TO SUSPEND THE DISTRIBUTIONS IF THE AVERAGE VALUE OF THE FUNDS IS LESS THAN EIGHT BILLION DOLLARS ($8,000,000,000) OR IF THE LEGISLATURE, BY A VOTE OF THREE-FIFTHS OF THE MEMBERS ELECTED TO EACH HOUSE, VOTES TO SUSPEND THE DISTRIBUTION.".