HB0451

HOUSE BILL 451

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

W. Ken Martinez

AN ACT

RELATING TO EDUCATION; PROVIDING THE MEANS TO INCREASE THE NUMBER AND QUALITY OF PRE-KINDERGARTEN PROGRAMS; PROVIDING POWERS AND DUTIES; PROVIDING FOR APPLICATIONS AND GRANTS; CREATING A FUND; PROVIDING FOR FUND TRANSFERS; MAKING AN APPROPRIATION.

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

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

"32A-23-1. SHORT TITLE.--[This act] Chapter 32A, Article 23 NMSA 1978 may be cited as the "Pre-Kindergarten Act"."

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

"32A-23-2. FINDINGS AND PURPOSE.--

A. The legislature finds that:

[A.] (1) special needs are present among the state's population of four-year-old children and those needs warrant the provision of pre-kindergarten programs;

[B.] (2) participation in quality pre-kindergarten has a positive effect on children's intellectual, emotional, social and physical development; and

[C.] (3) pre-kindergarten will advance governmental interests and childhood development and readiness.

B. The purpose of the Pre-Kindergarten Act is to provide the means for quality pre-kindergarten programming so that children who attend pre-kindergarten will be prepared to begin kindergarten."

SECTION 3. Section 32A-23-3 NMSA 1978 (being Laws 2005, Chapter 170, Section 3) is amended to read:

"32A-23-3. 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. "departments" means the children, youth and families department and the public education department acting jointly;

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

D. "eligible provider" means a person licensed by the children, youth and families department [that provides] to provide early childhood developmental readiness services or preschool special education, or is a public school, tribal program or head start program;

E. "grant" means a pre-kindergarten quality improvement grant;

[E.] F. "pre-kindergarten" means a voluntary developmental readiness program for children who have attained their [fourth] third birthday prior to September 1; [and]

G. "professional development council" means a council established by a school district and a qualifying professional development organization consisting of one-half school district-appointed members and one-half nonmanagerial early childhood development specialists appointed by the qualifying professional development organization;

H. "qualifying professional development organization" means a nonprofit entity that has existed for more than five years, has experience in providing quality, research-based professional development to pre-kindergarten or kindergarten teachers and early childhood specialists, is democratically controlled by members, has successfully negotiated an agreement that includes compensation requirements for early childhood specialists and is not dominated by advocates for employers or government interest;

I. "quality improvement fund" means the public pre-kindergarten quality improvement fund; and

[F.] J. "tribe" means an Indian nation, tribe or pueblo located in New Mexico."

SECTION 4. Section 32A-23-6 NMSA 1978 (being Laws 2005, Chapter 170, Section 6, as amended) is amended to read:

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

A. Each department shall publish a request for proposals or a request for applications that contains the same requested information for pre-kindergarten services. The request for proposals or request for applications shall include the selection criteria and the methodology for ranking and prioritizing proposals or applications.

B. Eligible providers shall submit proposals or applications for pre-kindergarten services to the appropriate department. An eligible 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 specialist 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. Each department shall accept and evaluate proposals or applications for funding for pre-kindergarten submitted to it. Each department shall notify all proposers or applicants of its decision regarding which proposals or applications were accepted for funding within five days of its decision.

D. For funding purposes, applications and proposals shall be evaluated 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 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 or agreement with an eligible provider shall specify and ensure that funds shall not be used for any religious, sectarian or denominational purposes, instruction or material."

SECTION 5. Section 32A-23-8 NMSA 1978 (being Laws 2005, Chapter 170, Section 8) is amended to read:

"32A-23-8. FUNDS CREATED--ADMINISTRATION.--

A. The "public pre-kindergarten fund" is created [as a nonreverting fund] in the state treasury. The fund [shall consist] consists of appropriations, federal funds for public pre-kindergarten programming, income from investment of the fund, gifts, grants and donations. The fund shall be administered by the public education department, and money in the fund is appropriated to the department to carry out the provisions of the Pre-Kindergarten Act. Any unexpended or unencumbered balance remaining in the fund at the end of a fiscal year shall be transferred to the public pre-kindergarten quality improvement fund. Disbursements from the fund shall be by warrant of the secretary of finance and administration upon vouchers signed by the secretary of public education or the secretary's authorized representative. The department may use up to ten percent of the money in the fund each year for administrative expenses.

B. The "children, youth and families pre-kindergarten fund" is created [as a nonreverting fund] in the state treasury. The fund [shall consist] consists of appropriations, federal funds for private pre-kindergarten programming, income from investment of the fund, gifts, grants and donations. The fund shall be administered by the children, youth and families department, and money in the fund is appropriated to the department to carry out the provisions of the Pre-Kindergarten Act. Any unexpended or unencumbered balance remaining in the fund at the end of a fiscal year shall be transferred to the public pre-kindergarten quality improvement fund. Disbursements from the fund shall be by warrant of the secretary of finance and administration upon vouchers signed by the secretary of children, youth and families or the secretary's authorized representative. The department may use up to ten percent of the money in the fund each year for administrative expenses.

C. The "public pre-kindergarten quality improvement fund" is created as a nonreverting fund in the state treasury. The fund consists of appropriations, federal funds for improving pre-kindergarten programming, transfers from the public pre-kindergarten fund and the children, youth and families pre-kindergarten fund, income from investment of the fund, gifts, grants and donations. The fund shall be administered by the public education department, and money in the fund is appropriated to the department to provide grants to school districts to expand public pre-kindergarten opportunities for four-year-old children, giving priority to those children living in communities with public elementary schools that are designated as Title 1 schools and that have at least sixty-six percent of children served living within the attendance zone of a Title 1 elementary school and to fund professional development and mentoring for eligible providers and early childhood development specialists to improve the quality of pre-kindergarten programming in the state. Disbursements from the fund shall be on warrant of the secretary of finance and administration pursuant to vouchers signed by the secretary of public education or the secretary's designated representative."

SECTION 6. A new section of the Pre-Kindergarten Act is enacted to read:

"[NEW MATERIAL] PRE-KINDERGARTEN QUALITY IMPROVEMENT GRANTS.--

A. The departments shall cooperate in the development and implementation of a program to increase the number and improve the quality of pre-kindergarten program offerings statewide by awarding grants to school districts throughout the state to contract with eligible providers to offer pre-kindergarten programs.

B. The public education department shall promulgate rules to award grants from the pre-kindergarten quality improvement grant fund, including the process for awards and the use of money from awards.

C. School districts that are unable to meet pre-kindergarten benchmarks as provided in Subsection D of Section 32A-23-6 NMSA 1978 may apply for a grant from the pre-kindergarten quality improvement fund to allow it to contract with private eligible providers for pre-kindergarten services in the school district.

D. The departments shall monitor school districts and pre-kindergarten programs that receive funding from quality improvement grants to ensure the effectiveness of the pre-kindergarten programs, including implementation of all the requirements in this section and Section 7 of this 2015 act. The departments shall assign staff to work on the development and implementation of the program and on the monitoring of grant awards. The early childhood training and technical assistance programs of the children, youth and families department and assigned staff from the public education department shall provide technical assistance to school districts and eligible providers."

SECTION 7. A new section of the Pre-Kindergarten Act is enacted to read:

"[NEW MATERIAL] GRANT AWARDS.--

A. The departments shall jointly accept and evaluate grant proposals from school districts for quality improvement grants.

B. A school district grant application shall:

(1) demonstrate the number of children that will be served through a universal admissions policy; provided that the application may include provisions for a staggered expansion, and where it does, the application shall outline the admissions criteria the school district will use before achieving universal access;

(2) establish that the eligible providers with which a school district partners shall meet the following qualifications no later than one year after having entered into an agreement with the school district to provide pre-kindergarten services under a quality improvement grant:

(a) offer care services to children from birth to four years old and pre-kindergarten services to four-year-old children;

(b) offer at least forty-five hours of professional development per year and have a mentor program for its early childhood development specialists;

(c) participate in training programs that have a focus on transitions to kindergarten that are coordinated by a qualifying professional development organization and taught by teachers with a New Mexico teaching license in early childhood education; and

(d) provide at least two of the following by the first day of school: 1) at least five paid sick days to all of its employees; 2) at least three days of paid family or medical leave to all of its employees; 3) affordable health insurance to all of its employees; provided that a health insurance plan is affordable if the employee's required contribution for coverage for the employee and the employee's dependents does not exceed five percent of the employee's household income; and 4) participates in or runs a substitute teacher program;

(3) demonstrate that it has established a professional development council or has a plan to establish a council no later than January of the succeeding year;

(4) demonstrate how the school district and eligible providers will meet quality benchmarks on the following criteria, as administered through department rules that reflect research-based standards for early childhood education regarding:

(a) class size;

(b) staff-to-child ratios;

(d) screening, referral and support services, including dental and vision services;

(e) implementation and staff training on a curriculum consistent with New Mexico early learning guidelines and approved by the departments;

(f) services for dual language learners and children with disabilities;

(g) family engagement and student recruitment, including parent education on child care subsidy eligibility; and

(h) pre-kindergarten staff qualifications and pay parity;

(5) include a schedule for reporting to the departments on how and how many of the quality benchmarks each of its contract pre-kindergarten programs meets annually;

(6) include a budget detailing projected grant expenditures;

(7) include a plan for professional development delivery;

(8) include a description of the qualifications and experience of the pre-kindergarten staff;

(9) include a plan for communicating in an appropriate language with and involving parents in the pre-kindergarten program;

(10) include a list of school district staff responsible for coordinating with the eligible providers with whom the school district partners;

(11) include a description of the curriculum the school district's contractors will use;

(12) include a description of revenue sources and amounts other than grant funding available for the pre-kindergarten program;

(13) include a plan to transfer a pre-kindergartner's work portfolio, or some such similar example of a student's work, to the kindergarten program of the public school;

(14) include any school district selection criteria for eligible providers used in addition to the qualifications provided in this section; and

(15) assure that funds will not be used for any religious, sectarian or denominational purposes, instruction or material."

SECTION 8. A new section of the Pre-Kindergarten Act is enacted to read:

"[NEW MATERIAL] PROFESSIONAL DEVELOPMENT COUNCIL--DUTIES.--The school district and the eligible providers with which the school district contracts shall form a "professional development council" to oversee and make formal recommendations to the school district and eligible providers regarding:

A. the in-service professional development available to early childhood development specialists employed by either the school district or a qualifying eligible provider;

B. the curricula used throughout pre-kindergarten services; and

C. other matters that positively affect and could improve pre-kindergarten professions, service coordination and enhanced kindergarten student preparation."

SECTION 9. A new section of the Pre-Kindergarten Act is enacted to read:

"[NEW MATERIAL] QUALITY IMPROVEMENTS REPORT.--The departments shall provide an annual report to the governor and the legislature on the progress of the departments' goals to increase the number and improve the quality of pre-kindergarten programs. The report shall include documentation on:

A. which school districts received grant awards, how much they received, how many contracts with eligible providers they had and how many four-year-olds they served in pre-kindergarten;

B. quantitative and qualitative measures used to determine identified improvements in each pre-kindergarten program;

C. the types and amount of professional development and mentoring provided to early childhood development specialists from all sources, and in particular the amount of time teachers, instructional staff or administrators of the school district assisted the eligible providers;

D. the type and amount of technical assistance the departments provided to school districts and eligible providers;

E. the number of early childhood development specialists from which eligible providers were enrolled in associate, bachelor or graduate degree programs in early childhood education; and

F. any other information the departments determine to be relevant and helpful to education policymakers."

SECTION 10. APPROPRIATIONS.--

A. Twenty-six million dollars ($26,000,000) is appropriated from the general fund to the public pre- kindergarten quality improvement fund in fiscal year 2016 and subsequent fiscal years to increase the number and quality of pre-kindergarten programs. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.

B. Four million dollars ($4,000,000) is appropriated from the general fund to the children, youth and families department for expenditure in fiscal year 2016 to fund additional teacher scholarships to allow early childhood employees to pursue post-secondary educational degrees in early childhood education. Any unexpended or unencumbered balance remaining at the end of fiscal year 2016 shall revert to the general fund.

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