HOUSE BILL 547
52nd legislature - STATE OF NEW MEXICO - first session, 2015
INTRODUCED BY
Stephanie Maez
AN ACT
RELATING TO STATE GOVERNMENT; CREATING THE EARLY LEARNING DEPARTMENT; PROVIDING POWERS AND DUTIES; TRANSFERRING FUNCTIONS, PERSONNEL, APPROPRIATIONS, MONEY, RECORDS, PROPERTY, CONTRACTUAL OBLIGATIONS AND STATUTORY REFERENCES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. [NEW MATERIAL] SHORT TITLE.--Sections 1 through 12 of this act may be cited as the "Early Learning Department Act".
SECTION 2. [NEW MATERIAL] FINDING AND PURPOSE.--
A. The legislature finds that research shows that an intense focus on young children age zero to five and early childhood learning reaps significant rewards in student achievement and taxpayer cost, including:
(1) substantial reading and mathematics gains when children enter elementary school, with students performing at or above grade level;
(2) less academic intervention and remediation;
(3) lower truancy rates;
(4) higher graduation rates; and
(5) higher attendance rates at colleges and universities or technical vocational institutes.
B. The purpose of the Early Learning Department Act is to provide that needed intense single-focus on children age zero to five to ensure that every child in New Mexico is given the best opportunity at the earliest time to succeed in school, career and life. The early learning department is responsible for early childhood services of the children, youth and families department, including child care, home visitation and pre-kindergarten, but not the licensing of child care facilities; and pre-kindergarten and the even start family literacy program from the public education department.
SECTION 3. [NEW MATERIAL] DEFINITIONS.--As used in the Early Learning Department Act:
A. "children" means children age zero to five years;
B. "department" means the early learning department; and
C. "secretary" means the secretary of early learning.
SECTION 4. [NEW MATERIAL] DEPARTMENT CREATED.--
A. The "early learning department" is created as a cabinet department pursuant to the Executive Reorganization Act and consists of the following divisions:
(1) administrative services;
(2) office of the secretary;
(3) child care; and
(4) pre-kindergarten education.
B. The secretary may reorganize the department. The secretary shall report the reorganization to the legislature.
SECTION 5. [NEW MATERIAL] SECRETARY OF EARLY LEARNING--APPOINTMENT.--
A. The chief executive and administrative officer of the department is the "secretary of early learning". The secretary shall be appointed by the governor with the consent of the senate. The secretary shall hold office at the pleasure of the governor and shall serve in the executive cabinet.
B. An appointed secretary shall serve and have all the duties, responsibilities and authority of that office during the period of time prior to final action by the senate confirming or rejecting the secretary's appointment.
SECTION 6. [NEW MATERIAL] SECRETARY--DUTIES AND GENERAL POWERS.--
A. The secretary is responsible to the governor for the operation of the department. It is the secretary's duty to manage all operations of the department and to administer and enforce the laws with which the secretary or the department is charged.
B. To perform the secretary's duties, the secretary has every power expressly enumerated in the law, whether granted to the secretary, the department or any division of the department, except when any division is explicitly exempted from the secretary's power by statute. In accordance with these provisions, the secretary shall:
(1) except as otherwise provided in the Early Learning Department Act, exercise general supervisory and appointing power over all department employees, subject to applicable personnel laws and rules;
(2) delegate power to subordinates as the secretary deems necessary and appropriate, clearly delineating such delegated power and the limitations to that power;
(3) organize the department into organizational units as necessary to enable it to function most efficiently, subject to any provisions of law requiring or establishing specific organizational units;
(4) within the limitations of available appropriations and applicable laws, employ and fix the compensation of those persons necessary to discharge the secretary's duties;
(5) take administrative action by issuing orders and instructions, not inconsistent with law, to assure implementation of and compliance with the provisions of law for which administration or execution the secretary is responsible and to enforce those orders and instructions by appropriate administrative action in the courts;
(6) conduct research and studies that will improve the operation of the department and the provision of services to the residents of the state;
(7) provide courses of instruction and practical training for employees of the department and other persons involved in the administration of programs with the objectives of improving the operations and efficiency of administration and of promoting comprehensive, coordinated, culturally sensitive services that address the whole child and early learning;
(8) prepare an annual budget for the department; and
(9) provide cooperation, at the request of administratively attached agencies and adjunct agencies, in order to:
(a) minimize or eliminate duplication of services and jurisdictional conflicts;
(b) coordinate activities and resolve problems of mutual concern; and
(c) resolve by agreement the manner and extent to which the department shall provide budgeting, recordkeeping and related clerical assistance to administratively attached agencies.
C. The secretary may apply for and receive, with the governor's approval, in the name of the department, any public or private funds, including United States government funds, available to the department to carry out its programs, duties or services.
D. The secretary may make and adopt such reasonable and procedural rules as may be necessary to carry out the duties of the department and its divisions. No rule promulgated by the director of any division in carrying out the functions and duties of the division shall be effective until approved by the secretary. Unless otherwise provided by statute, no rule affecting any person or agency outside the department shall be adopted, amended or repealed without a public hearing on the proposed action before the secretary or a hearing officer designated by the secretary. The public hearing shall be held in Santa Fe unless otherwise permitted by statute. Notice of the subject matter of the rule, the action proposed to be taken, the time and place of the hearing, the manner in which interested persons may present their views and the method by which copies of the proposed rule or proposed amendment or repeal of an existing rule may be obtained shall be published once at least thirty days prior to the hearing date in a newspaper of general circulation and mailed at least thirty days prior to the hearing date to all persons who have made a written request for advance notice of hearing. All rules shall be filed in accordance with the State Rules Act.
E. If the secretary certifies to the secretary of finance and administration and gives contemporaneous notice of such certification through the human services register that the department has insufficient state funds to operate any of the programs it administers and that reductions in services or benefit levels are necessary, the secretary may engage in interim rulemaking. Notwithstanding any provision to the contrary in the State Rules Act, interim rulemaking shall be conducted pursuant to Subsection D of this section, except:
(1) the period of notice of public hearing shall be fifteen days;
(2) the department shall send individual notices of the interim rulemaking and of the public hearing to affected providers and beneficiaries;
(3) rules promulgated under this subsection shall be in effect not less than five days after the public hearing;
(4) rules promulgated under this subsection shall not be in effect for more than ninety days; and
(5) if final rules are necessary to replace the interim rules, the department shall give notice of intent to promulgate final rules at the time of notice as provided in Subsection D of this section. The final rules shall be promulgated not more than forty-five days after the public hearing filed in accordance with the State Rules Act.
SECTION 7. [NEW MATERIAL] DEPARTMENT--ADDITIONAL DUTIES.--In addition to other duties provided by law or assigned to the department by the governor, the department shall:
A. develop priorities for department services and resources based on state policy and national best-practice standards and local considerations and priorities;
B. strengthen collaboration and coordination in state and local services for child care, home visitation and early learning by integrating critical functions as appropriate, including service delivery, and contracting for services across divisions and related agencies;
C. develop and maintain a statewide database, including client tracking of services for children;
D. develop standards of service within the department that focus on prevention, monitoring and outcomes;
E. analyze policies of other departments that affect children to encourage common contracting procedures, common service definitions and a uniform system of access;
F. develop reimbursement criteria for child care centers and home providers licensed by the children, youth and families department, establishing that accreditation by a children, youth and families department-approved national accrediting body is sufficient qualification for the child care center or home provider to receive the highest reimbursement rate paid by the department;
G. conduct biennial assessments of child care or early learning service gaps and needs and establish outcome measurements to address those service gaps and needs; and
H. fingerprint and conduct nationwide criminal history record searches on all department employees, staff members and volunteers whose jobs involve direct contact with department clients, including prospective employees and employees who are promoted, transferred or hired into new positions, and the superiors of all department employees, staff members and volunteers who have direct unsupervised contact with department clients.
SECTION 8. [NEW MATERIAL] CRIMINAL HISTORY RECORD INVESTIGATIONS--PROCEDURE--CONFIDENTIALITY--VIOLATION--PENALTY.--
A. The department shall submit fingerprints for each person required to be fingerprinted pursuant to the Early Learning Department Act to the department of public safety and the federal bureau of investigation. Child care facilities and pre-kindergarten programs are responsible for the cost of obtaining criminal histories on their employees and volunteers; provided that the facilities or programs may require the employees or volunteers to pay the costs.
B. Criminal histories obtained are confidential and shall be used only for the purpose of determining the suitability of an employee or volunteer or prospective employee or volunteer for employment or service by the department or a contractor or an employee of a contractor or prospective contractor; except that criminal histories may be released or disclosed to another agency or person only upon court order or with the written consent of the person who is the subject of the criminal history record.
C. A person who releases or discloses criminal history records or information contained in those records in violation of the provisions of this section is guilty of a misdemeanor and if convicted shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.
SECTION 9. [NEW MATERIAL] PROHIBITION ON EMPLOYMENT FOR PERSONS WITH SUBSTANTIATED ALLEGATIONS OF CHILD ABUSE OR NEGLECT--PROHIBITION ON CONVICTED FELONS--DISCIPLINARY ACTION--CONFIDENTIALITY OF ABUSE AND NEGLECT RECORDS.--
A. No employee, staff member or volunteer at the department or at a child care facility or pre-kindergarten program, including prospective employees and volunteers, having direct unsupervised contact with department clients, nor the superiors of any such employee, staff member or volunteer, shall have been the subject of a substantiated allegation of child abuse or neglect.
B. No employee, staff member or volunteer at the department who has direct unsupervised contact with department clients, or the superiors of an employee, staff member or volunteer at the department who has direct unsupervised contact with department clients, shall have been convicted of a felony offense that is directly related to the job duties of the employee by a court of this state, any other state or the United States.
C. Any employee or staff member subject to the Personnel Act who has been the subject of a substantiated allegation of abuse or neglect as investigated and determined by the department may be subject to increased supervision or disciplinary action under the Personnel Act. Upon appeal of a disciplinary action to the personnel board pursuant to this section, the personnel board shall defer to the record of the administrative hearing affirming a substantiated allegation of abuse or neglect, if one exists, in determining whether the action taken by the agency was with just cause.
D. An employee or a staff member of the department subject to dismissal under this section shall have no right to progressive discipline as a condition precedent to discipline under this section.
E. In any appeal of an employee or staff member to the personnel board as provided by the Personnel Act, records that are otherwise confidential pursuant to the Abuse and Neglect Act shall be discoverable by the parties and admissible as to any relevant fact; provided that any identifying information related to the reporting party, any other party providing information and information the department finds would be likely to endanger the life or safety of any person providing information to the department may be redacted.
SECTION 10. [NEW MATERIAL] ORGANIZATIONAL UNITS OF THE DEPARTMENT--POWERS AND DUTIES SPECIFIED BY LAW--ACCESS TO INFORMATION.--
A. Those organizational units of the department and the officers of those units specified by law shall have all of the powers and duties enumerated in the specific laws involved. However, the carrying out of those powers and duties shall be subject to the direction and supervision of the secretary, who shall retain the final decision-making authority and responsibility for the administration of any such laws as provided in Subsection B of Section 7 of the Early Learning Department Act.
B. The department shall have access to all records, data and information of other state departments that are not specifically held confidential by law.
SECTION 11. [NEW MATERIAL] DIVISION DIRECTORS.--The secretary may appoint, with the approval of the governor, "directors" of such divisions as are established within the department. Directors are exempt from the Personnel Act.
SECTION 12. [NEW MATERIAL] BUREAUS--CHIEFS.--The secretary may establish within each division such "bureaus" as the secretary deems necessary to carry out the provisions of the Early Learning Department Act. The secretary shall appoint a "chief" to be the administrative head of any such bureau. The chief and all subsidiary employees of the department shall be covered by the provisions of the Personnel Act.
SECTION 13. Section 22-13-3.1 NMSA 1978 (being Laws 2001, Chapter 168, Section 1) is amended to read:
"22-13-3.1. EVEN START FAMILY LITERACY PROGRAM--CREATED--GUIDELINES--BENCHMARKS, PERFORMANCE STANDARDS AND EVALUATIONS.--
A. The "even start family literacy program" is created in the early learning department [of education] to provide funding for preschool reading readiness and parenting education. The purpose of the program is to support the educational and developmental needs of [students] children in preschool or pre-kindergarten; address cultural diversity; and provide family support that leads to improved literacy, improved ability for students to succeed in school and economic self-sufficiency. Priority for funding shall be provided to those public schools that have the highest proportion of limited English proficient students, students living in poverty and Native American students.
B. The early learning department [of education] shall develop even start family literacy program benchmarks and performance standards, guidelines for program approval and funding approval criteria. The department shall disseminate the program information in all public schools and shall provide technical assistance to public schools in developing proposals.
C. The early learning department [of education] shall distribute money to public schools with approved even start family literacy programs that meet the specified criteria based upon actual program costs to ensure the implementation of performance-based budgeting measures.
D. Public schools that receive even start family literacy program funds shall annually evaluate and report to the early learning department [of education] the results of the program, including the number of children and families served, the services provided and the gains achieved by the children and their families.
E. If the early learning department [of education] determines that a local even start family literacy program is not meeting benchmarks and performance standards, the department shall notify the public school that continued failure to meet benchmarks and performance standards will result in cessation of funding for the program for the next school year.
F. The early learning department [of education] shall compile the results of the even start family literacy program and report annually to the legislative education study committee."
SECTION 14. Section 32A-22-1 NMSA 1978 (being Laws 2005, Chapter 64, Section 1) is amended to read:
"32A-22-1. "SHORT TITLE.--[This act] Chapter 32A, Article 22 NMSA 1978 may be cited as the "Children's Cabinet Act"."
SECTION 15. Section 32A-22-2 NMSA 1978 (being Laws 2005, Chapter 64, Section 2) is amended to read:
"32A-22-2. CHILDREN'S CABINET CREATED.--
A. The "children's cabinet" is created and is administratively attached to the office of the governor. The children's cabinet shall meet at least six times each year.
B. The children's cabinet shall consist of the following members:
(1) the governor;
(2) the lieutenant governor;
(3) the secretary of children, youth and families;
(4) the secretary of corrections;
(5) the secretary of human services;
(6) the secretary of [labor] workforce solutions;
(7) the secretary of health;
(8) the secretary of finance and administration;
(9) the secretary of economic development;
(10) the secretary of public safety;
(11) the secretary of aging and long-term services;
(12) the secretary of Indian affairs; [and]
(13) the secretary of public education; and
(14) the secretary of early learning.
C. Each year the children's cabinet shall select the governor or lieutenant governor to be the chairperson."
SECTION 16. 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 17. 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;]
B. "department" means the early learning department;
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 early childhood developmental readiness services or preschool special education, or is a public school, tribal program or head start program;
E. "pre-kindergarten" means a voluntary developmental readiness program for children who have attained their fourth birthday prior to September 1; and
F. "tribe" means an Indian nation, tribe or pueblo located in New Mexico."
SECTION 18. Section 32A-23-4 NMSA 1978 (being Laws 2005, Chapter 170, Section 4) is amended to read:
"32A-23-4. VOLUNTARY PRE-KINDERGARTEN--INTERAGENCY COOPERATION--CONTRACTS--CONTRACT MONITORING--RESEARCH.--
A. The [children, youth and families department and the public education] department shall [cooperate in the development and implementation of] develop and implement a voluntary program for the provision of pre-kindergarten services throughout the state. The pre-kindergarten program shall address the total developmental needs of preschool children, including physical, cognitive, social and emotional needs, and shall include health care, nutrition, safety and multicultural sensitivity.
B. The [departments shall collaborate on promulgating] department shall promulgate rules on pre-kindergarten services, including state policies and standards and shall review the process for contract awards and for the expenditure and use of contract funds.
C. The [departments] department shall monitor pre-kindergarten contracts to ensure the effectiveness of child-centered, developmentally appropriate practices and outcomes. The [departments] department shall assign staff to work on the development and implementation of the program, [and on] the monitoring of contract awards [The early childhood training and technical assistance programs of the children, youth and families department and assigned staff from the public education department staff shall provide] and the provision of technical assistance to eligible providers.
D. The [departments] department shall provide an annual report to the governor and the legislature on the progress of the state's voluntary pre-kindergarten program."
SECTION 19. 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] The department shall publish [a request for proposals or] a request for applications [that contains the same requested information] for pre-kindergarten services.
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 staff for each site;
(6) the plan for communicating with and involving parents in the pre-kindergarten program;
(7) how those services meet the state's continuum of services to children; and
(8) other relevant information requested by the [departments] department.
C. [Each] The department shall accept and evaluate [proposals or] applications for funding for pre-kindergarten.
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] department.
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 20. Section 32A-23-8 NMSA 1978 (being Laws 2005, Chapter 170, Section 8) is amended to read:
"32A-23-8. [FUNDS] FUND CREATED--ADMINISTRATION.--[A.] The "[public] pre-kindergarten fund" is created as a nonreverting fund in the state treasury. The fund shall consist of appropriations, 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. Disbursements from the fund shall be by warrant of the secretary of finance and administration upon vouchers signed by the secretary of [public education] early learning 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 of appropriations, 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. 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.]"
SECTION 21. Section 32A-23-9 NMSA 1978 (being Laws 2011, Chapter 126, Section 1) is amended to read:
"32A-23-9. EQUAL DIVISION OF APPROPRIATIONS.--Any money appropriated for pre-kindergarten programs shall be divided equally between [the] public [education department and the children, youth and families department] schools and private providers."
SECTION 22. 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 23. 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] early learning department;
C. "early childhood" means from prenatal to the age of five years;
D. "fund" means the early childhood care and education fund;
E. "pre-kindergarten" means a voluntary developmental readiness program for children who have attained their [fourth] third birthday prior to September 1; and
F. "secretary" means the secretary of [children, youth and families] early learning."
SECTION 24. Section 32A-23A-4 NMSA 1978 (being Laws 2011, Chapter 123, Section 4) is amended to read:
"32A-23A-4. STATE EARLY LEARNING ADVISORY COUNCIL CREATED--MEMBERSHIP.--
A. The "state early learning advisory council" is created. The council is attached to the department.
B. The council consists of fifteen members. The secretary of early learning or the secretary's designee, the secretary of public education or the secretary's designee, the secretary of children, youth and families or the secretary's designee and the director of the head start state collaboration office of the department shall serve ex officio. The remaining members shall be qualified electors and, if appointment is not otherwise provided for in this subsection, shall be appointed by the governor for four-year terms expiring on January 1 of the appropriate year. Council members appointed by the governor shall serve staggered terms as determined by the governor at the time of their initial appointment, and no more than five of the governor's appointees shall be from the same political party. Along with the ex-officio members, the council shall consist of the following members:
(1) one representative of an institution of higher education;
(2) one representative of a local educational agency;
(3) one representative from a head start or early head start organization;
(4) two providers of early care and education services, at least one of whom shall represent a privately owned provider;
(5) one representative of a state agency responsible for programs under Section 619 or Part C of the federal Individuals with Disabilities Education Act;
(6) one representative of the state agency responsible for children's health or mental health care issues;
(7) three members of the New Mexico business roundtable for educational excellence, appointed by and whose terms shall be set by the roundtable's board of directors; and
(8) two public members with knowledge and experience in early childhood care and education.
C. Annually, the members shall designate a chair and vice chair from the members of the council.
D. A majority of the members constitutes a quorum for the conduct of business. The council shall meet at the call of the chair, and the chair shall coordinate the activities of the council.
E. The council may form subcommittees or task forces needed to make recommendations to the council. Task force members may include [individuals] persons who are not members of the council but have an interest or expertise in early childhood education, health care or related matters.
F. Members of the council shall not be removed except for incompetence, neglect of duty or malfeasance in office. A vacancy in the membership of the council occurring other than by expiration of term shall be filled in the same manner as the original appointment, but for the unexpired term only.
G. Council members shall not be paid nor shall they receive per diem and mileage as provided in the Per Diem and Mileage Act."
SECTION 25. Section 32A-23B-1 NMSA 1978 (being Laws 2013, Chapter 118, Section 1) is amended to read:
"32A-23B-1. SHORT TITLE.--[This act] Chapter 32A, Article 23B NMSA 1978 may be cited as the "Home Visiting Accountability Act"."
SECTION 26. Section 32A-23B-2 NMSA 1978 (being Laws 2013, Chapter 118, Section 2) is amended to read:
"32A-23B-2. DEFINITIONS.--As used in the Home Visiting Accountability Act:
A. "culturally and linguistically appropriate" means taking into consideration the culture, customs and language of an eligible family's home;
B. "department" means the [children, youth and families] early learning department;
C. "eligible family" means a family that elects to receive home visiting and includes:
(1) a child, from birth until kindergarten entry; or
(2) a pregnant woman, an expectant father, a parent or a primary caregiver;
D. "home visiting" means a program strategy that:
(1) delivers a variety of informational, educational, developmental, referral and other support services for eligible families who are expecting or who have children who have not yet entered kindergarten and that is designed to promote child well-being and prevent adverse childhood experiences;
(2) provides a comprehensive array of services that promote parental competence and successful early childhood health and development by building long-term relationships with families and optimizing the relationships between parents and children in their home environments; and
(3) does not include:
(a) provision of case management or a one-time home visit or infrequent home visits, such as a home visit for a newborn child or a child in preschool;
(b) home visiting that is provided as a supplement to other services; or
(c) services delivered through an individualized family service plan or an individualized education program under Part B or Part C of the federal Individuals with Disabilities Education Act;
E. "home visiting program" means a program that:
(1) uses home visiting as a primary service delivery strategy; and
(2) offers services on a voluntary basis to pregnant women, expectant fathers and parents and primary caregivers of children from birth to kindergarten entry;
F. "home visiting system" means the infrastructure and programs that support and provide home visiting. A "home visiting system":
(1) provides universal, voluntary access;
(2) provides a common framework for service delivery and accountability across all home visiting programs;
(3) establishes a consistent statewide system of home visiting; and
(4) allows for the collection, aggregation and analysis of common data; and
G. "standards-based program" means a home visiting program that:
(1) is research-based and grounded in relevant, empirically based best practices and knowledge that:
(a) is linked to and measures the following outcomes: 1) babies that are born healthy; 2) children that are nurtured by their parents and caregivers; 3) children that are physically and mentally healthy; 4) children that are ready for school; 5) children and families that are safe; and 6) families that are connected to formal and informal supports in their communities;
(b) has comprehensive home visiting standards that ensure high-quality service delivery and continuous quality improvement; and
(c) has demonstrated significant, sustained positive outcomes;
(2) follows program standards that specify the purpose, outcomes, duration and frequency of services that constitute the program;
(3) follows a research-based curriculum or combinations of research-based curricula, or follows the curriculum of an evidence-based home visiting model or promising approach that the home visiting program has adopted pursuant to department rules defining "evidence-based model" and "promising approach";
(4) employs well-trained and competent staff and provides continual professional supervision and development relevant to the specific program or model being delivered;
(5) demonstrates strong links to other community-based services;
(6) operates within an organization that ensures compliance with home visiting standards;
(7) continually evaluates performance to ensure fidelity to the program standards;
(8) collects data on program activities and program outcomes; and
(9) is culturally and linguistically appropriate."
SECTION 27. TEMPORARY PROVISION--TRANSFERS OF FUNCTIONS, PERSONNEL, APPROPRIATIONS, MONEY, PROPERTY, CONTRACTUAL OBLIGATIONS AND REFERENCES.--
A. On July 1, 2015, all functions, personnel, appropriations, money, records, furniture, equipment, supplies and other property belonging to the children, youth and families department pertaining to early childhood care and education, including the following, shall be transferred to the early learning department:
(1) the child care services bureau, not including licensing of facilities;
(2) the headstart collaboration office;
(3) training and technical assistance programs;
(4) child care resource and referral;
(5) the early childhood higher education task force;
(6) home visitation programs;
(7) pre-kindergarten; and
(8) the office of child development as it pertains to children age zero to five years.
B. On July 1, 2015, all contractual obligations of the children, youth and families department pertaining to any of the functions delineated in Subsection A of this section shall be transferred to the early learning department. All contractual obligations of the public education department pertaining to the Pre-Kindergarten Act shall be transferred to the early learning department.
C. On July 1, 2015, all references in law to the children, youth and families department pertaining to any of the functions delineated in Subsection A of this section shall be deemed to be references to the early learning department. All references in law to the public education department pertaining to the even start family literacy program or pre-kindergarten shall be deemed to be references to the early learning department.
SECTION 28. REPEAL.--Sections 32A-23-7 and 32A-23A-7 NMSA 1978 (being Laws 2005, Chapter 170, Section 7 and Laws 2011, Chapter 123, Section 7) are repealed.
SECTION 29. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2015.
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