SENATE BILL 259
51st legislature - STATE OF NEW MEXICO - second session, 2014
INTRODUCED BY
Sue Wilson Beffort
FOR THE LEGISLATIVE FINANCE COMMITTEE
AN ACT
RELATING TO CHILDREN; REVISING THE STATE EARLY LEARNING ADVISORY COUNCIL'S POWERS AND DUTIES; DEFINING THE EARLY CHILDHOOD CARE AND EDUCATION SYSTEM; REQUIRING REPORTING; MAKING APPROPRIATIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 32A-23A-1 NMSA 1978 (being Laws 2011, Chapter 123, Section 1) is amended to read:
"32A-23A-1. SHORT TITLE.--[This act] Chapter 32A, Article 23A NMSA 1978 may be cited as the "Early Childhood Care and Education Act"."
SECTION 2. Section 32A-23A-2 NMSA 1978 (being Laws 2011, Chapter 123, Section 2) is amended to read:
"32A-23A-2. DEFINITIONS.--As used in the Early Childhood Care and Education Act:
A. "council" means the state early learning advisory council;
B. "department" means the children, youth and families department;
C. "early childhood" means from prenatal to the age of five years;
D. "early childhood care and education system" means a system that provides child care, information or assistance to children from prenatal through five years of age and to their families;
[D.] E. "fund" means the early childhood care and education fund;
[E.] F. "pre-kindergarten" means a voluntary developmental readiness program for children who have attained their fourth birthday prior to September 1; and
[F.] G. "secretary" means the secretary of children, youth and families."
SECTION 3. Section 32A-23A-5 NMSA 1978 (being Laws 2011, Chapter 123, Section 5) is amended to read:
"32A-23A-5. COUNCIL AND DEPARTMENT--POWERS AND DUTIES.--
A. The council is designated as the council required [pursuant to] by the federal Improving Head Start for School Readiness Act of 2007. The council shall fulfill all of the duties required of it under the federal act for early childhood care and education. The council shall also lead the development or enhancement of a high-quality, comprehensive system of early childhood development and care that ensures statewide coordination and collaboration among the wide range of early childhood programs and services within the state, including child care, home visitation, early head start, head start, federal Individuals with Disabilities Education Act programs for preschool, infants and families and pre-kindergarten programs and services.
B. The council and department may apply for and accept gifts, grants, donations or bequests for the fund from any source, public or private, and enter into contracts or other transactions with any federal or state agency, any private organization or any other source in furtherance of the purpose of the Early Childhood Care and Education Act.
C. In addition to the duties assigned to the council [under] pursuant to federal law, the council shall:
(1) make recommendations to the department and the legislature on the most efficient and effective way to leverage state and federal funding for early childhood care and education, including recommendations on grant applications made by the department to benefit the fund; [and]
(2) make recommendations to the department and the legislature on how to coordinate and align an early childhood care and education system to include child care, pre-kindergarten, home visitation, early head start, head start, early childhood special education, early intervention and family support and to provide New Mexico families with consistent access to appropriate care and education services; and
(3) make recommendations to the department on funding strategies to improve the state's early childhood work force capacity.
D. In developing and making recommendations, the council shall:
[(a)] (1) consider how to consolidate and coordinate resources and public funding streams for early childhood care and education and ensure the accountability and coordinated development of all early childhood care and education services;
[(b)] (2) consider how to provide a system of seamless transition from prenatal to early childhood programs to kindergarten;
[(c)] (3) take into account a parent's decisive role in the planning, operation and evaluation of programs that aid families in the care and education of children;
[(d)] (4) examine ways to provide consumer education and accessibility to early childhood care and education resources;
[(e)] (5) consider the advancement of quality early childhood care and education programs [in order] to support the healthy development of children and [preparation] to prepare them for [their] success in school;
[(f)] (6) consider the development of a seamless service delivery system with local points of entry for early childhood care and education programs administered by local, state and federal agencies;
[(g)] (7) ensure effective collaboration with state and local child welfare programs and early childhood health and behavioral health programs;
[(h)] (8) consider how to develop and manage effective data collection systems to support the necessary functions of a coordinated system of early childhood care and education and to track children through the education system from prenatal to early childhood to kindergarten to higher education, in order to enable accurate evaluation of the impact of early childhood care and education;
[(i)] (9) focus on the diversity, cultural heritage and strengths of the families and communities of the state;
[(j)] (10) consider the development of an aligned system of professional development for professionals providing early childhood care and education; and
[(k)] (11) consider the establishment of an administrative framework to promote the development of high-quality early childhood care and education services that are staffed by well-qualified professionals and are available in every community for all families that express a need for them.
E. The council shall develop and submit to the legislature by November 1, 2014 a legislative proposal for a statewide early childhood care and education system. The proposal shall include:
(1) a definition of "high-quality child care";
(2) the purpose of the early childhood care and education system;
(3) performance and accountability measures, pursuant to the Accountability in Government Act, to be used by the department to collect and report information to the legislature related to children served by early childhood care and education providers;
(4) requirements for licensure of programs providing early childhood care and education; and
(5) recommendations for administration of the early childhood care and education program."
SECTION 4. APPROPRIATIONS.--
A. Five hundred thousand dollars ($500,000) is appropriated from the general fund to the children, youth and families department for expenditure in fiscal years 2015 and 2016 for high-quality child care pilot program planning grants. Any unexpended or unencumbered balance remaining at the end of fiscal year 2016 shall revert to the general fund.
B. Five hundred thousand dollars ($500,000) is appropriated from the general fund to the higher education department for expenditure in fiscal years 2015 and 2016 for the expansion of the state's early childhood care and education work force capacity through the state's institutions of higher education. The higher education department shall consult with the children, youth and families department and the public education department to ensure that money is distributed consistently with the recommendations of the state early learning advisory council. Any unexpended or unencumbered balance remaining at the end of fiscal year 2016 shall revert to the general fund.
C. One hundred thousand dollars ($100,000) is appropriated from the general fund to the children, youth and families department for expenditure in fiscal year 2015 for the early learning advisory council to develop recommendations on how to increase the state's early childhood care and education work force capacity and to prepare a legislative proposal for a statewide early childhood care and education program. Any unexpended or unencumbered balance remaining at the end of fiscal year 2015 shall revert to the general fund.
D. Five hundred thousand dollars ($500,000) is appropriated from the general fund to the children, youth and families department for expenditure in fiscal years 2015 and 2016 to improve the quality of child care services by in-home registered child care providers. Any unexpended or unencumbered balance remaining at the end of fiscal year 2016 shall revert to the general fund.
E. Seven hundred thousand dollars ($700,000) is appropriated from the general fund to the children, youth and families department for expenditure in fiscal year 2015 and subsequent fiscal years for training and education advancement of early childhood care and education providers. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.
F. Five hundred thousand dollars ($500,000) is appropriated from the general fund to the children, youth and families department for expenditure in fiscal year 2015 to provide increases in reimbursements made to child care providers who are participating in the state's child care quality rating pilot program and who are providing program services at level three, four or five. Any unexpended or unencumbered balance remaining at the end of fiscal year 2015 shall revert to the general fund.
SECTION 5. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2014.
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