SENATE EDUCATION COMMITTEE SUBSTITUTE FOR
SENATE BILL 301
52nd legislature - STATE OF NEW MEXICO - first session, 2015
AN ACT
RELATING TO EARLY CHILDHOOD EDUCATION; CREATING THE EARLY CHILDHOOD ENDOWMENT FUND; REVISING THE USE OF THE EARLY CHILDHOOD CARE AND EDUCATION FUND; REVISING THE DUTIES OF THE STATE EARLY LEARNING ADVISORY COUNCIL; MAKING AN APPROPRIATION.
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. "endowment fund" means the early childhood endowment fund;
[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 DUTIES.--
A. The council is designated as the council required pursuant to the federal Improving Head Start for School Readiness Act of 2007. The council shall fulfill all of the duties required 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, 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 to the legislature on the most efficient and effective way to leverage state and federal funding for early childhood care and education, including 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. In developing its recommendations, the council shall:
(a) 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) consider how to provide a system of seamless transition from prenatal to early childhood programs to kindergarten;
(c) 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) examine ways to provide consumer education and accessibility to early childhood care and education resources;
(e) 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) 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) ensure that recommendations provide for effective collaboration with state and local child welfare programs and early childhood health and behavioral health programs;
(h) 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) focus on the diversity, cultural heritage and strengths of the families and communities of the state;
(j) consider the development of an aligned system of professional development for professionals providing early childhood care and education; and
(k) 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.
D. The council shall make an annual report to the legislative education study committee and the legislative health and human services committee on the council's work during the year preceding its report and on the council's recommendations and considerations as provided for in this section."
SECTION 4. Section 32A-23A-6 NMSA 1978 (being Laws 2011, Chapter 123, Section 6) is amended to read:
"32A-23A-6. EARLY CHILDHOOD ENDOWMENT FUND--EARLY CHILDHOOD CARE AND EDUCATION FUND--CREATED--PURPOSE--ADMINISTRATION--GRANT APPLICATIONS.--
A. The "early childhood endowment fund" is created as a nonreverting fund in the state treasury. The endowment fund consists of money that is credited to the endowment fund pursuant to Subsection C of this section, appropriations, money otherwise accruing to the endowment fund and income from investment of the endowment fund. At the end of each fiscal year, if the amount of income, if any, from that fiscal year's investment of the endowment fund equals five percent or less of the corpus of the endowment fund, that amount shall be applied to the corpus of the endowment fund, and the amount of income, if any, that exceeds five percent shall be distributed to the early childhood care and education fund.
[A.] B. The "early childhood care and education fund" is created as a nonreverting fund in the state treasury. The fund shall be administered by the department and shall consist of appropriations, distributions of investment income from the early childhood endowment fund, gifts, grants, donations and bequests made to the fund and money that is credited to the fund pursuant to Subsection C of this section. Money in the fund shall be disbursed on warrants signed by the secretary of finance and administration pursuant to vouchers signed by the secretary of children, youth and families or the secretary's authorized representative. [B.] Money in the fund is subject to appropriation by the legislature to the early childhood services program of the department [for awarding grants to the council and early childhood care and education providers] to provide for nonsectarian early childhood education services and home visitation services for the benefit of children who are prenatal through five years of age and for carrying out the provisions of the Early Childhood Care and Education Act.
C. Notwithstanding reversion provisions of general appropriation acts or other laws, at the end of each fiscal year, the balance of all agency general fund appropriations that are set for reversion shall be credited:
(1) first to the early childhood endowment fund, up to ten million dollars ($10,000,000) per year;
(2) then to the early childhood care and education fund, up to ten million dollars ($10,000,000) per year; and
(3) then to the general fund.
[C.] D. The department shall [adopt] promulgate any necessary rules [on qualifications for grants and specify the format, procedure and deadlines for grant applications. For grants to early childhood care and education providers, the council shall review all grant applications and submit those applications recommended for final approval to the secretary. D. Disbursements from the fund shall be made upon vouchers issued and signed by the secretary or the secretary's designee upon warrants drawn by the secretary of finance and administration] to carry out the purpose of the Early Childhood Care and Education Act."
SECTION 5. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2015.
- 8 -