SB0289

SENATE BILL 289

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Michael Padilla

AN ACT

RELATING TO EARLY CHILDHOOD EDUCATION; ENACTING THE EARLY CHILDHOOD EDUCATION DEPARTMENT ACT; CREATING THE EARLY CHILDHOOD EDUCATION DEPARTMENT; PROVIDING POWERS AND DUTIES; PROVIDING FOR VOLUNTARY PRESCHOOL PROGRAMS FOR CHILDREN FROM BIRTH TO AGE FIVE; PROVIDING FOR BACKGROUND CHECKS, EMPLOYMENT PROHIBITIONS AND CONFIDENTIALITY OF RECORDS; TRANSFERRING PROGRAMS, FUNCTIONS, PERSONNEL, APPROPRIATIONS, MONEY, RECORDS, PROPERTY, CONTRACTUAL OBLIGATIONS AND STATUTORY REFERENCES; REPEALING NONCONFORMING SECTIONS OF LAW; PRESCRIBING PENALTIES; MAKING AN APPROPRIATION.

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

SECTION 1. [NEW MATERIAL] SHORT TITLE.--Sections 1 through 17 of this act may be cited as the "Early Childhood Education Department Act".

SECTION 2. [NEW MATERIAL] EARLY CHILDHOOD EDUCATION DEPARTMENT CREATED.--The "early childhood education department" is created. The department is a cabinet department and consists of the:

A. administrative services division;

B. office of the secretary;

C. child care services division;

D. child development division; and

E. pre-school division, including the pre-kindergarten bureau.

SECTION 3. [NEW MATERIAL] FINDINGS AND PURPOSE.--

A. The legislature finds that an early childhood education system is vital to ensuring that every New Mexico child is eager to learn and ready to succeed by the time that child enters kindergarten, that the provision of high-quality early childhood education services has been proven to prepare children for success in school and later in life and that cost-benefit research demonstrates a high return on investment for money spent on early childhood education, especially for at-risk children.

B. The legislature finds further that to be successful, an early childhood education system should be:

(1) developmentally, culturally and linguistically appropriate and should include the implementation of program models, standards and curricula based on research and best practices;

(2) data-driven, including the identification and prioritization of communities most at risk while striving to make the system universally available to all those who wish to participate;

(3) accountable through developmentally appropriate methods of measuring, reporting and tracking a child's growth and development and the improvement of the system's programs;

(4) accessible, especially to those children most at risk for school failure;

(5) of the highest possible quality through the use of qualified practitioners who have completed specialized training in early childhood growth, development and learning that is specific to the practitioner's role in the system and the maintenance of quality rating methods for the programs in the system;

(6) fully aligned within each community to ensure the most efficient and effective use of resources by combining funding sources and supporting seamless transitions for children within the system and for children transitioning into kindergarten;

(7) family-centered by recognizing that parents are the first and most important teachers of their children and by providing the support and referrals necessary for parents to assume this critical role in their child's development; and

(8) a partnership between the state and persons with an interest or expertise in early childhood education.

C. The purpose of the Early Childhood Education Department Act is to:

(1) establish a comprehensive and voluntary early childhood education system to provide early childhood education statewide that improves the developmental, physical, nutritional, cognitive, social and emotional needs of children; and

(2) administer certain laws and functions of the children, youth and families department and the public education department pertaining to early childhood education.

SECTION 4. [NEW MATERIAL] DEFINITIONS.--As used in the Early Childhood Education Department Act:

A. "children" means persons from birth to age five, or older if a specific program requires;

B. "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;

C. "council" means the early childhood education council;

D. "culturally and linguistically appropriate" means taking into consideration the culture, customs and language of a participating family's home;

E. "department" means the early childhood education department;

F. "early childhood education" means programs that improve the brain development and school-readiness of children, including:

(1) home visiting;

(2) child care;

(3) preschool and pre-kindergarten; and

(4) parent and family involvement services;

G. "eligible provider" means a person certified by the department as qualified to provide early childhood education pursuant to a contract in accordance with the provisions of the Early Childhood Education Department Act and the Procurement Code. An eligible provider shall not provide early childhood education to children eligible for services from the New Mexico school for the blind and visually impaired or the New Mexico school for the deaf;

H. "fund" means the early childhood education fund;

I. "home visiting" includes the delivery of informational, educational, developmental, referral and other support services for a participating family to promote child well-being and prevent adverse childhood experiences that impair brain development and impede school readiness;

J. "participating family" means a family that elects to receive early childhood education for a child;

K. "preschool" means a structured, research-based and developmentally appropriate educational program for children before they enter kindergarten and includes pre-kindergarten for four-year-olds delivered the year before children enter kindergarten;

L. "secretary" means the secretary of early childhood education; and

M. "tribe" means an Indian nation, tribe or pueblo located in New Mexico.

SECTION 5. [NEW MATERIAL] SECRETARY--QUALIFICATIONS--APPOINTMENT--DUTIES--GENERAL POWERS.--

A. The chief executive and administrative officer of the department is the "secretary of early childhood education", who shall have at least ten years of experience studying, providing, supervising and administering the provision of early childhood education and serve in the executive cabinet after being appointed by the governor with the advice and consent of the senate.

B. An appointed secretary shall serve and have all of the duties, responsibilities and authority of that office during the period of time prior to final action by the senate confirming or rejecting the appointment.

C. 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.

D. 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.

E. The secretary shall:

(1) exercise general supervisory and appointing power over all department employees, subject to applicable personnel laws and regulations;

(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 for regular 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 and culturally sensitive services that address the whole child;

(8) prepare an annual budget for the department;

(9) provide cooperation, at the request of administratively attached agencies and adjunct agencies, 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; and

(10) administer the early childhood education fund.

F. 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.

G. The secretary shall make and adopt such reasonable and procedural rules as may be necessary to carry out the duties of the department.

H. If the secretary certifies to the secretary of finance and administration 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 of early childhood education may engage in interim rulemaking. Notwithstanding any provision to the contrary in the State Rules Act, interim rulemaking shall be conducted pursuant to Subsection E of this section, except that:

(1) the period of notice of public hearing shall be thirty days;

(2) the department shall send individual notices of the interim rulemaking and of public hearings to affected providers and beneficiaries;

(3) rules promulgated pursuant to the provisions of this subsection shall be in effect not less than five days after a 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 herein. The final rules shall be promulgated not more than forty-five days after a public hearing and filed in accordance with the State Rules Act.

SECTION 6. [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 7. [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 Childhood Education 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 8. [NEW MATERIAL] ORGANIZATIONAL UNITS OF THE DEPARTMENT--POWERS AND DUTIES SPECIFIED BY LAW--ACCESS TO INFORMATION.--Unless expressly exempted from the powers of the secretary by law, 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 Section 5 of the Early Childhood Education Department Act.

SECTION 9. [NEW MATERIAL] ADVISORY COMMITTEES.--

A. The secretary may create advisory committees. For purposes of this section, "advisory" means furnishing advice, gathering information, making recommendations and performing such other activities as may be instructed or delegated and as may be necessary to fulfill advisory functions or to comply with federal or private funding requirements and does not extend to administering a program or function or setting policy unless specified by law. Advisory committees shall be appointed in accordance with the provisions of the Executive Reorganization Act.

B. All members of advisory committees appointed under the authority of this section shall receive as their sole remuneration for services as an advisory committee member those amounts authorized under the Per Diem and Mileage Act.

SECTION 10. [NEW MATERIAL] DEPARTMENT--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 childhood education by integrating critical functions as appropriate, including service delivery;

C. develop and maintain a statewide database, including tracking of early childhood education provided by or through the state;

D. develop reimbursement criteria for eligible providers, including correlating the highest reimbursement rate with and establishing accreditation by a department-approved national accrediting body;

E. conduct biennial assessments of the provision of early childhood services to identify any gaps or unmet needs; and

F. collaborate with the public education department; children, youth and families department; and department of health for the research, identification and implementation of best practices for delivering services pursuant to the Early Childhood Education Department Act.

SECTION 11. [NEW MATERIAL] PROGRAMMATIC RULES.--The department shall adopt rules to:

A. 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;

B. 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;

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

D. establish the criteria and procedures for measuring and certifying the quality of early childhood provided by each eligible provider; and

E. detail 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 12. [NEW MATERIAL] HOME VISITING PROGRAMS-- ACCOUNTABILITY--EXCLUSIONS--CONTRACTING--REPORTING.--

A. The department shall provide home visiting services using a standards-based program that includes periodic home visits to improve the health, well-being and self-sufficiency of eligible families.

B. A home visiting program shall provide culturally and linguistically appropriate, face-to-face visits by nurses, social workers and other early childhood and health professionals or by trained and supervised lay workers.

C. A home visiting program shall do two or more of the following:

(1) improve child health outcomes;

(2) promote positive parenting practices;

(3) build healthy parent and child relationships;

(4) enhance children's social-emotional and language development;

(5) support children's cognitive and physical development;

(6) improve the health of eligible families;

(7) provide resources and supports that may help to reduce child maltreatment and injury;

(8) increase children's readiness to succeed in school; and

(9) improve coordination of referrals for, and the provision of, other community resources and supports for eligible families.

D. The department shall work with the council and develop internal processes to increase collaboration with other state agencies, local governments and private entities and share relevant home visiting data and information. The processes may include a uniform format for the collection of data relevant to each home visiting program.

E. When the department authorizes funds through payments, contracts or grants that are used for home visiting programs, it shall include language regarding home visiting in its funding agreement contract or grant that is consistent with the provisions of the Early Childhood Education Department Act and rules promulgated by the department.

SECTION 13. [NEW MATERIAL] ELIGIBLE PROVIDER REQUIREMENTS--REQUEST FOR PROPOSALS--CONTRACTS.--

A. Early childhood education shall be provided through a school district, 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. Before providing early childhood education through an eligible provider, the department shall 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 early childhood education;

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

(4) any other criteria required by rule of the department.

C. In response to a request for proposals, a person seeking certification as an eligible provider shall submit a proposal or application containing:

(1) a description of the early childhood education the person is qualified and prepared to deliver;

(2) a description of the methods for providing early childhood education programs;

(3) a description of the qualifications and experience of the person and the employees of the person;

(4) the number and ages of children the person is qualified and prepared to serve;

(5) site and floor plans and a description of the facilities where early childhood education shall be provided;

(6) a copy of the current declarations page of any applicable insurance policy;

(7) the amounts and the sources of revenue received in the past from state, federal or private funding sources; and

(8) any other information requested by the department.

D. After a person qualifies as an eligible provider, the eligible provider shall:

(1) comply with the rules of the early childhood education department and the public education department; and

(2) submit a written attestation, signed by the chief administrator of the eligible provider, that the eligible provider shall not use any distribution or payment from the fund for any religious, sectarian or denominational purpose, instruction or materials.

E. An eligible provider may deliver early childhood education to a child at any location permitted by the contract between the department and the eligible provider.

SECTION 14. [NEW MATERIAL] PUBLIC OUTREACH AND NOTICE--APPLICATION AND ENROLLMENT.--

A. The department shall publish notice of the availability and locations of early childhood education and information about how to apply for early childhood education on the department's website and in printed notices made available to:

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

(2) the offices of pediatricians in sufficient and replenished quantities; and

(3) public schools in sufficient and replenished quantities.

B. The department shall provide a standardized enrollment form to be used by a person applying for a child's enrollment for the receipt of early childhood education.

C. The department shall provide a standardized application form to be used by an eligible provider providing early childhood education.

SECTION 15. [NEW MATERIAL] BACKGROUND CHECKS--CRIMINAL HISTORY RECORD INVESTIGATIONS--PROCEDURE--CONFIDENTIALITY--VIOLATION--PROVIDING PENALTIES.--

A. The department shall:

(1) require fingerprints and nationwide criminal history record searches for any person who provides early childhood education pursuant to the provisions of the Early Childhood Education Department Act and department rule; and

(2) submit fingerprints for each person required to be fingerprinted pursuant to the Early Childhood Education Department Act to the department of public safety and the federal bureau of investigation.

B. Eligible providers 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.

C. 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; provided that criminal histories shall 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.

D. 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 16. [NEW MATERIAL] AUDIT--ACCOUNTABILITY--REPORTING.--

A. Each eligible provider shall be audited annually by the department.

B. By July 15 of each year, the department shall prepare and submit to the department of finance and administration, the legislative finance committee and the legislative education study committee the projected provision of early childhood education during the upcoming year, including a:

(1) description of the types of early childhood education to be provided that fiscal year;

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

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

(4) performance-based budget listing projected expenditures for early childhood education;

(5) description of performance targets, including the:

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

(b) expected numbers of children and families to be served in each community; and

(6) plan for reaching and enrolling children who may be eligible for early childhood education.

C. By August 31, 2019 and each year thereafter, the department 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 fund during the prior fiscal year by providing:

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

(2) a list of eligible providers that provided early childhood education, 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 number of children who received early childhood education services;

(4) the per-child cost, averaged according to the school district or region in which the child resides, of providing early childhood education services;

(5) geographic, economic and any other 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;

(7) the total expenditures from the fund for early childhood education services; and

(8) whether performance targets were established and met for the provision of early childhood education.

SECTION 17. [NEW MATERIAL] EARLY CHILDHOOD EDUCATION FUND--CREATION--PURPOSE.--

A. The "early childhood education fund" is created in the state treasury. The fund consists of appropriations, income from investment of the fund, gifts, grants, donations and bequests. The fund shall be administered by the department. Subject to legislative appropriation, money in the fund is appropriated to the department to carry out the purposes of the Early Childhood Education Department Act. Money shall be disbursed on warrant of the secretary of finance and administration pursuant to vouchers signed by the secretary of early childhood education or the authorized representative of the secretary of early childhood education. Money in the fund shall not revert to the general fund at the end of any fiscal year.

B. Money in the fund shall be used to supplement, and not supplant, existing revenue sources for early childhood education services, including other state funding and federal and private funding.

C. The fund shall be used for the following purposes:

(1) to provide early childhood education;

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

(3) to improve the quality of the provision of early childhood education.

D. If the early childhood education fund is created in another act of the first session of the fifty-third legislature, the administration of the fund shall be transferred to the department.

SECTION 18. Section 9-2A-8 NMSA 1978 (being Laws 1992, Chapter 57, Section 8, as amended) is amended to read:

"9-2A-8. 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 children, youth and families 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, youth and families;

D. develop standards of service within the department that focus on prevention, monitoring and outcomes;

E. analyze policies of other departments that affect children, youth and families to encourage common contracting procedures, common service definitions and a uniform system of access;

F. enact [regulations] rules to control disposition and placement of children under the Children's Code, including [regulations] rules to limit or prohibit the out-of-state placement of children, including those who have developmental disabilities or emotional, neurobiological or behavioral disorders, when in-state alternatives are available;

G. develop reimbursement criteria for licensed child care centers and licensed home providers establishing that accreditation by a department-approved national accrediting body is sufficient qualification for the child care center or home provider pursuant to the Children's Code and eligible provider pursuant to the Early Childhood Education Department Act to receive the highest reimbursement rate paid by the department;

H. assume and implement responsibility for children's mental health and substance abuse services in the state, coordinating with the human services department and the department of health;

I. assume and implement the lead responsibility among all departments for domestic violence services;

J. implement prevention and early intervention as a departmental focus;

K. conduct biennial assessments of service gaps and needs and establish outcome measurements to address those service gaps and needs, including recommendations from the governor's children's cabinet and the children, youth and families advisory committee;

L. ensure that behavioral health services provided, including mental health and substance abuse services for children, adolescents and their families, shall be in compliance with requirements of Section 9-7-6.4 NMSA 1978; and

M. 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 19. 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 20. 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 childhood education.

C. Each year the children's cabinet shall select the governor or lieutenant governor to be the [chairperson] chair."

SECTION 21. 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 22. 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"] "department" means the [children, youth and families] early childhood education 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 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 23. 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] department shall 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] four-year-old children, including physical, cognitive, social and emotional needs, and shall include health care, nutrition, safety and multicultural sensitivity.

B. To address the total development of four-year-old children participating in the pre-kindergarten program, the department shall implement program standards and performance measures to ensure the provision of high-quality and effective services so that children enter kindergarten prepared. The department and the public education department shall coordinate efforts to ensure alignment of program standards for pre-kindergarten and kindergarten, and each department shall certify the pre-kindergarten program and standards prior to implementation. The department and the public education department shall enter into an agreement to share data necessary to report on the performance of the program, including the percentage of pre-kindergarten participants entering kindergarten that meet total child development expectations, need special services, are proficient in reading and math and are retained in any grade through the third grade.

C. The department shall coordinate the pre-kindergarten program with federal head start agencies to avoid duplication of effort and to maximize the use of all available resources.

[B.] D. 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.] E. 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] department shall provide technical assistance to eligible providers.

[D.] F. 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 24. Section 32A-23-5 NMSA 1978 (being Laws 2005, Chapter 170, Section 5, as amended) is amended to read:

"32A-23-5. PRE-KINDERGARTEN--ELIGIBILITY.--Pre-kindergarten services may be provided by public schools or other eligible providers on a per-child reimbursement rate in communities with public elementary schools that are designated as Title 1 schools."

SECTION 25. 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, including for half-day and full-day programs.

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 in either half-day or full-day programs;

(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 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 26. 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] subject to appropriation 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 childhood 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 program support expenses. The remaining minimum ninety percent shall be distributed to eligible service providers.

[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.]

B. On July 1, 2017, money in the children, youth and families pre-kindergarten fund and the public education pre-kindergarten fund shall be transferred to the pre-kindergarten fund."

SECTION 27. 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] public school programs and private programs to the extent practicable."

SECTION 28. 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 29. 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 childhood education department;

C. "early childhood" means from [prenatal] birth 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 birthday prior to September 1; and

F. "secretary" means the secretary of [children, youth and families] early childhood education."

SECTION 30. Section 32A-23A-3 NMSA 1978 (being Laws 2011, Chapter 123, Section 3) is amended to read:

"32A-23A-3. FINDINGS AND PURPOSE.--

A. The legislature finds that an early childhood care and education system is vital [in] to ensuring that every New Mexico child is eager to learn and ready to succeed by the time that child enters kindergarten, that high-quality early learning experiences have been proven to prepare children for success in school and later in life and that cost-benefit research demonstrates a high return on investment for money spent on early childhood care and education for at-risk children.

B. The legislature further finds that, to be successful, an early childhood care and education system should be:

(1) developmentally, culturally and linguistically appropriate and should include the implementation of program models, standards and curriculum based on research and best practices;

(2) data-driven, including the identification and prioritization of communities most at risk, while striving to make the system universally available to all those who wish to participate;

(3) accountable through developmentally appropriate methods of measuring, reporting and tracking a child's growth and development and the improvement of the system's programs;

(4) accessible, especially to those children most at risk for school failure;

(5) of the highest possible quality through the [utilization] use of qualified practitioners who have completed specialized training in early childhood growth, development and learning that is specific to the practitioner's role in the system and the maintenance of quality rating methods for the programs in the system;

(8) a partnership between the state and private individuals or institutions with an interest or expertise in early childhood care and education.

C. The purpose of the Early Childhood Care and Education Act is to establish a comprehensive early childhood care and education system through an aligned continuum of state and private programs, including home visitation, early intervention, child care, early head start, head start, early childhood special education, family support and pre-kindergarten, and to maintain or establish the infrastructure necessary to support quality in the system's programs."

SECTION 31. 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] sixteen members. The secretary of public education or the secretary's designee, the secretary of [children, youth and families] early childhood education 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] two 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] an education-focused business organization; and

(8) [two] four public members, including 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 32. 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 and 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 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 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 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 services provided to pregnant women to early childhood programs to kindergarten;

(c) take into account [a parent's] the decisive role of parents 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 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; and

(3) make recommendations to the department and the legislature on:

(a) statewide coordination of early childhood care and education; and

(b) delineating and addressing the current gaps in child care programs and the early childhood care and education system, including child care home visitation, pre-kindergarten, head start and early head start."

SECTION 33. Section 32A-23B-3 NMSA 1978 (being Laws 2013, Chapter 118, Section 3) is amended to read:

"32A-23B-3. HOME VISITING PROGRAMS--ACCOUNTABILITY--EXCLUSIONS--CONTRACTING--REPORTING.--

A. The department shall provide statewide home visiting services using a standards-based program. The department shall adopt and promulgate rules by which the standards-based home visiting program shall operate. The department may prioritize funding for standards-based programs with strong evidence of effectiveness and high-risk populations.

B. The department shall fund only standards-based home visiting programs that include periodic home visits to improve the health, well-being and self-sufficiency of eligible families.

C. A home visiting program shall provide culturally and linguistically appropriate, face-to-face visits by nurses, social workers and other early childhood and health professionals or by trained and supervised lay workers.

D. A home visiting program shall do two or more of the following:

(1) improve prenatal, maternal, infant or child health outcomes, including reducing preterm births;

(2) promote positive parenting practices;

(3) build healthy parent and child relationships;

(4) enhance children's social-emotional and language development;

(5) support children's cognitive and physical development;

(6) improve the health of eligible families;

(7) provide resources and supports that may help to reduce child maltreatment and injury;

(8) increase children's readiness to succeed in school; and

(9) improve coordination of referrals for, and the provision of, other community resources and supports for eligible families.

E. The department shall work with the early learning advisory council and develop internal processes that provide for a greater ability to collaborate with other state agencies, local governments and private entities and share relevant home visiting data and information. The processes may include a uniform format for the collection of data relevant to each home visiting program.

F. When the department authorizes funds through payments, contracts or grants that are used for home visiting programs, it shall include language regarding home visiting in its funding agreement contract or grant that is consistent with the provisions of the Home Visiting Accountability Act.

G. The department and the providers of home visiting services, in consultation with one or more experts in home visiting program evaluation, shall:

(1) jointly develop an outcomes measurement plan to monitor outcomes for children and families receiving services through home visiting programs;

(2) develop indicators that measure each objective established pursuant to Subsection D of this section; and

(3) complete and submit the outcomes measurement plan by November 1, 2013 to the legislature, the governor and the early learning advisory council.

H. Beginning January 1, 2014 and annually thereafter, the department shall produce an annual outcomes report to the governor, the legislature and the early learning advisory council.

I. The annual outcomes report shall include:

(1) the goals and achieved outcomes of the home visiting system implemented pursuant to the Home Visiting Accountability Act; and

(2) data regarding:

(a) the cost per eligible family served;

(b) the number of eligible families served;

(d) the duration of participation by eligible families in the program;

(e) the number and type of programs that the department has funded;

(f) any increases in school readiness, child development and literacy;

(g) decreases in child maltreatment or child abuse;

(h) any reductions in risky parental behavior;

(i) the percentage of children receiving regular well-child exams, as recommended by the American academy of pediatrics;

(j) the percentage of infants on schedule to be fully immunized by age two;

(k) the number of children that received an ages and stages questionnaire and what percent scored age appropriately in all developmental domains;

(l) the number of children identified with potential developmental delay and, of those, how many began services within two months of the screening; and

(m) the percentage of children receiving home visiting services who are enrolled in high-quality licensed child care programs."

SECTION 34. TEMPORARY PROVISION--TRANSFERS OF FUNCTIONS, PERSONNEL, APPROPRIATIONS, MONEY, PROPERTY, CONTRACTUAL OBLIGATIONS AND REFERENCES.--

A. On July 1, 2017, all programs, functions, personnel, appropriations, money, records, furniture, equipment, supplies and other property belonging to the following departments shall be transferred to the early childhood education department:

(1) from the children, youth and families department, the early childhood services division; and

(2) from the public education department, the public pre-kindergarten program.

B. On July 1, 2017, all contractual obligations of the early childhood services division of the children, youth and families department or pre-kindergarten program of the public education department shall be deemed contractual obligations of the early childhood education department.

C. On July 1, 2017, all references in law to the early childhood services division of the children, youth and families department or the pre-kindergarten program of the public education department shall be deemed to be references to the early childhood education department.

SECTION 35. REPEAL.--Sections 9-2A-13, 32A-23-7, 32A-23-9 and 32A-23B-1 through 32A-23B-3 NMSA 1978 (being Laws 1992, Chapter 57, Section 13, Laws 2005, Chapter 170, Section 7, Laws 2011, Chapter 126, Section 1 and Laws 2013, Chapter 118, Sections 1 through 3, as amended) are repealed.

SECTION 36. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2017.

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