MISSISSIPPI LEGISLATURE
2020 Regular Session
To: Education
By: Senator(s) Turner-Ford
AN ACT TO ESTABLISH AN OFFICE OF EARLY CHILDHOOD WITHIN THE STATE DEPARTMENT OF EDUCATION TO COORDINATE AND INTEGRATE CHILD CARE AND EARLY CHILDHOOD EDUCATION PROGRAMS IN THE STATE IN ORDER TO ADMINISTER PROGRAMS AND FUNDING AS EFFICIENTLY AS POSSIBLE; TO PRESCRIBE THE RESPONSIBILITIES OF THE OFFICE OF EARLY CHILDHOOD; TO PROVIDE FOR A DIRECTOR OF EARLY CHILDHOOD AND PRESCRIBE HIS POWERS AND RESPONSIBILITIES; TO AMEND SECTIONS 37-21-51 AND 43-20-8, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) There is hereby established an Office of Early Childhood ("the office"). The office is vested with all powers and duties transferred to it under this law and such other powers and duties as may be authorized by law. The office shall be within the State Department of Education for administrative and budget purposes.
(2) The Office of Early Childhood shall be headed by the Director of Early Childhood who shall be appointed within three (3) months of the effective date of this act with the advice and consent of the Senate, for a term concurrent with that of the Governor.
(3) The primary duties of the Office of Early Childhood are to coordinate and integrate child care, early childhood, and early care and learning programs in the State of Mississippi in order to administer programs and funding as efficiently as possible. The office's duties shall include, but are not limited to:
(a) The delivery of services to young children and their families to ensure optimal health, safety and learning for each young child;
(b) Developing and implementing an early childhood information system. Such early childhood information system shall facilitate and encourage the sharing of data between and among early childhood service providers by tracking:
(i) The health, safety and school readiness of all young children receiving early care and education services from any local or regional board of education or school readiness program;
(ii) The characteristics of the existing and potential workforce serving such children; and
(iii) The characteristics of such programs serving such children;
(c) Developing and reporting on the early childhood accountability plan. Such plan shall:
(i) Identify and define appropriate population indicators and program and system performance measures of the health, safety and readiness of children to enter kindergarten, and early school success of children, and shall identify any new or improved data required for such purposes; and
(ii) Include aggregate information on the characteristics of children and programs tracked by the early childhood information system established by paragraph (b) of this subsection;
(iii) The characteristics of such programs serving such children;
(d) Implementing a communications strategy for outreach to families, service providers and policymakers;
(e) Not later than six (6) months from the effective date of this act, beginning a statewide longitudinal evaluation of the school readiness program examining the educational progress of children from Prekindergarten programs through Grade 4;
(f) Developing, coordinating and supporting public and private partnerships to aid early childhood initiatives;
(g) Developing and implementing a statewide developmentally appropriate kindergarten assessment tool that measures a child's level of preparedness for kindergarten, but shall not be used as a measurement tool for program accountability;
(h) Creating a unified set of reporting requirements for the purpose of collecting the data elements necessary to perform quality assessments and longitudinal analysis;
(i) Comparing and analyzing data collected pursuant to reporting requirements created under paragraph (h) of this subsection with the data collected in statewide public school information systems to enable population-level analysis of children and families and the impacts of supported programs;
(j) Continually monitoring and evaluating all early care and education and child development programs and services, focusing on program outcomes in satisfying the health, safety, developmental and educational needs of all children, while retaining distinct separation between quality improvement services and child day care licensing services;
(k) Coordinating home visitation services across programs for young children;
(l) Providing information and technical assistance to persons seeking early care and education and child development programs and services;
(m) Assisting state agencies and municipalities in obtaining federal funding for early care and education and child development programs and services, including to maximize federal dollars coming into the State of Mississippi for federally funded meals, home visiting, and other early childhood programs;
(n) Providing technical assistance to providers of early care and education programs and services to obtain licensing and improve program quality;
(o) Establishing a quality rating and improvement system that covers home-based, center-based and school-based early child care and day care;
(p) Maintaining an accreditation facilitation initiative to assist early childhood care and education and day care program and service providers in achieving national standards and program improvement;
(q) Managing early childhood care and education and day care licensing to the extent such is under state jurisdiction;
(r) Ensuring a coordinated and comprehensive statewide system of professional development for providers and staff of early childhood care and education, child development, and day care programs and services;
(s) Developing early learning and development standards to be used by early childhood care and education and day care providers;
(t) Providing families with opportunities for choice in services including quality child care and community-based family-centered services;
(u) Integrating early childhood care and education and special education services;
(v) Promoting universal access to early childhood care and education; and
(w) Performing any other activities that will assist in the provision of early care and education and child development programs and services.
(4) The Director of Early Childhood shall be responsible for implementing the policies and directives of the Office of Early Childhood. The director may seek and shall be entitled to receive from other state agencies such assistance as may be required to perform such director's duties pursuant to this subsection.
(a) The director may appoint such officers, employees, agents and consultants as he or she may deem necessary.
(b) To the extent practicable, the director shall appoint the officers, employees, agents and consultants for the Office of Early Childhood from among the existing officers and employees of existing agencies and departments currently housing early childhood programs, as supervision for those programs is moved into the Office of Early Childhood.
SECTION 2. Section 37-21-51, Mississippi Code of 1972, is amended as follows:
37-21-51. (1) As used in this section:
(a) "Preschool or prekindergarten children" means any children who have not entered kindergarten but will have obtained four (4) years of age on or before September 1 of a school year.
(b) An "early learning collaborative" is a district or countywide council that writes and submits an application to participate in the voluntary prekindergarten program. An early learning collaborative is comprised, at a minimum, of a public school district and/or a local Head Start affiliate if in existence, private or parochial schools, or one or more licensed child care centers. Agencies or other organizations that work with young children and their families may also participate in the collaborative to provide resources and coordination even if those agencies or organizations are not prekindergarten providers.
(c) A "prekindergarten provider" is a public, private or parochial school, licensed child care center or Head Start center that serves prekindergarten children and participates in the voluntary prekindergarten program.
(d) A "lead partner" is a public school district or other nonprofit entity with the instructional expertise and operational capacity to manage the early learning collaborative's prekindergarten program as described in the collaborative's approved application for funds. The lead partner serves as the fiscal agent for the collaborative and shall disburse awarded funds in accordance with the collaborative's approved application. The lead partner must facilitate a professional learning community for the teachers in the prekindergarten program and lead the collaborative. The lead partner ensures that the collaborative adopts and implements curriculum and assessments that align with the comprehensive early learning standards. The public school district shall be the lead partner if no other qualifying lead partner is selected.
(e)
"Comprehensive early learning standards" are standards adopted by the * * * Office of Early
Childhood established under this act that address the highest level of
fundamental domains of early learning to include, but not be limited to,
physical well-being and motor development, social/emotional development,
approaches toward learning, language development and cognition and general
knowledge. The comprehensive early learning standards shall also include
standards for emergent literacy skills, including oral communication, knowledge
of print and letters, phonological and phonemic awareness, and vocabulary and
comprehension development.
(f) A "research-based curriculum" is an age-appropriate curriculum that is based on the findings of current research and has been found to be effective in improving student learning.
(2) To ensure that all children have access to quality early childhood education and development services, the Legislature finds and declares the following:
(a) Parents have the primary duty to educate their young preschool children;
(b) The State of Mississippi can assist and educate parents in their role as the primary caregivers and educators of young preschool children;
(c) There is a need to explore innovative approaches and strategies for aiding parents and families in the education and development of young preschool children; and
(d) There exists a patchwork of prekindergarten entities but no coordination of services and there needs to be a coordination of these services.
(3) (a) This subsection shall be known and may be cited as the "Early Learning Collaborative Act of 2013."
(b) Effective with the 2013-2014 school year, the Mississippi State Department of Education in consultation with the Office of Early Childhood established under this act shall establish a voluntary prekindergarten program, which shall be a collaboration among the entities providing prekindergarten programs including Head Start, licensed child care facilities and licensed public, parochial and private school prekindergarten programs. This program shall be implemented no later than the 2014-2015 school year. Enrollment in the prekindergarten program shall be coordinated with the Head Start agencies in the local areas and shall not be permitted to cause a reduction in children served by the Head Start program. Under this program, eligible entities may submit an application for funds to (i) defray the cost of additional and/or more qualified teaching staff, appropriate educational materials and equipment and to improve the quality of educational experiences offered to four-year-old children in early care and education programs, and/or to (ii) extend developmentally appropriate education services at such programs currently serving four-year-old children to include practices of high quality instruction, and to (iii) administer, implement, monitor and evaluate the programs, and to (iv) defray the cost of professional development and age-appropriate child assessment.
(c) Subject to the availability of funds appropriated therefor, the State Department of Education in consultation with the Office of Early Childhood shall administer the implementation, monitoring and evaluation of the voluntary prekindergarten program, including awards and the application process.
(i) The department shall establish a rigorous and transparent application process for the awarding of funds. Lead partners shall submit the applications on behalf of their early learning collaborative.
(ii) The department will establish monitoring policies and procedures that, at a minimum, will include at least one (1) site visit a year.
(iii) The department will provide technical assistance to collaboratives and their providers to improve the quality of prekindergarten programs.
(iv) The department will evaluate the effectiveness of each early childhood collaborative and each prekindergarten provider. If the State Department of Education adopts a statewide kindergarten screening that assesses the readiness of each student for kindergarten, the State Department of Education shall adopt a minimum rate of readiness that each prekindergarten provider must meet in order to remain eligible for prekindergarten program funds. Each parent who enrolls his or her child in the prekindergarten program must submit the child for the statewide kindergarten screening, regardless of whether the child is admitted to kindergarten in a public school.
(d) Prekindergarten program funds shall be awarded to early childhood collaboratives whose proposed programs meet the program criteria. The criteria shall include:
(i) Voluntary enrollment of children;
(ii) Collaboration among prekindergarten providers and other early childhood programs through the establishment of an early learning collaborative;
(iii) Qualifications of master teachers, teachers and assistants, which must conform to guidelines in Section 37-21-3;
(iv) At least fifteen (15) hours of annual professional development for program instructional staff, including professional development in early literacy;
(v) The use of state-adopted comprehensive early learning standards;
(vi) The use of a research-based curriculum that is designed to prepare students to be ready for kindergarten, with emphasis in early literacy, and is aligned with the comprehensive early learning standards;
(vii) The use of age-appropriate assessments aligned to the comprehensive early learning standards;
(viii) Teacher/child ratios of one (1) adult for every ten (10) children with a maximum of twenty (20) children per classroom and a minimum of five (5) children per classroom;
(ix) The provision of at least one (1) meal meeting state and federal nutrition guidelines for young children;
(x) Plans to screen and/or refer children for vision, hearing and other health issues;
(xi) Parent involvement opportunities;
(xii) Plans to serve children with disabilities as indicated under IDEA;
(xiii) The number of instructional hours to be provided, which shall equal no less than five hundred forty (540) instructional hours per school year for half-day programs and one thousand eighty (1,080) instructional hours per school year for full-day programs; and
(xiv) A budget detailing the use of funds for allowed expenses.
Participating child care centers shall: (a) meet state child care facility licensure requirements unless exempted under Section 43-20-5, Mississippi Code of 1972, and (b) select and utilize a nationally recognized assessment tool, approved by the State Department of Education, designed to document classroom quality, which must be in place not later than July 1, 2016, as certified by the State Department of Education.
Within the prekindergarten program, a prekindergarten provider must comply with the antidiscrimination requirements applicable to public schools. A prekindergarten provider may not discriminate against a parent or child, including the refusal to admit a child for enrollment in the prekindergarten program, in violation of these antidiscrimination requirements. However, a prekindergarten provider may refuse to admit a child based on the provider's standard eligibility guidelines, provided that these guidelines do not violate the antidiscrimination requirements. Consistent with the Legislature's recognition of the primacy of a parent's role in the education of a preschool-age child and the related recognition of the state in assisting and educating parents in that role, if the State Department of Education adopts a statewide kindergarten screening that assesses the readiness of each student for kindergarten, the State Department of Education shall recognize each child's unique pattern of development when adopting a minimum rate of readiness that prekindergarten providers must meet in order to remain eligible for prekindergarten program funds. Each parent who enrolls his or her child in the prekindergarten program may submit the child for the statewide kindergarten screening, regardless of whether the child is admitted to kindergarten in a public school.
The State Department of Education in consultation with the Office of Early Childhood may add program criteria not inconsistent with these requirements and shall develop policies and procedures to implement and enforce these criteria.
(e) The State Department of Education shall ensure that early learning collaboratives provide each parent enrolling a child in the voluntary prekindergarten program with a profile of every prekindergarten provider participating in the collaborative's geographic catchment area. The State Department of Education shall prescribe the information to be included in each profile as well as the format of the profiles. At a minimum, the profiles must include the prekindergarten provider's services, curriculum, instructor credentials and instructor-to-student ratio.
(f) A teacher, assistant teacher or other employee whose salary and fringe benefits are paid from state funds under this act shall only be classified as a state or local school district employee eligible for state health insurance benefits or membership in the Public Employees' Retirement System, if the person's employer is already an agency or instrumentality of the state, such as a school district, and the employee would be eligible for such benefits in the normal course of business.
(g) Funding shall be provided for this program beginning with the 2014 fiscal year subject to appropriation by the Legislature as provided in paragraph (h) of this subsection. The department shall make an annual report to the Legislature and the Governor regarding the effectiveness of the program. The PEER Committee shall review those reports and other program data and submit an independent evaluation of program operation and effectiveness to the Legislature and the Governor on or before October 1 of the calendar year before the beginning of the next phased-in period of funding.
(h) (i) The Legislature shall appropriate funds to implement the Early Education Collaborative Act of 2013 on a phased-in basis as follows:
1. The first phase shall be based on an annual state appropriation of not more than Eight Million Dollars ($8,000,000.00) and shall serve approximately three thousand five hundred (3,500) children through five (5) to eight (8) early learning collaboratives and their prekindergarten providers;
2. The second phase shall be based on an annual state appropriation of not more than Sixteen Million Dollars ($16,000,000.00) and shall serve approximately seven thousand (7,000) children through ten (10) to fifteen (15) early learning collaboratives and their prekindergarten providers;
3. The third phase shall be based on an annual state appropriation of not more than Thirty-three Million Nine Hundred Fifty Thousand Dollars ($33,950,000.00) and shall serve approximately fifteen thousand (15,000) children through twenty (20) to twenty-five (25) early learning collaboratives and their prekindergarten providers.
(ii) Future phases shall be based on interest in the program and the effectiveness of the program as determined by the school readiness of participants. Each phase shall last for at least three (3) years but no more than five (5) years. The State Department of Education in consultation with the Office of Early Childhood shall determine when to move to a new phase of the program, within the timeline provided herein.
(iii) Funding shall be provided to early learning collaboratives on the basis of Two Thousand One Hundred Fifty Dollars ($2,150.00) per student in a full-day program and One Thousand Seventy-five Dollars ($1,075.00) per student in a half-day program proposed in the collaborative's approved application. Once an early learning collaborative's plan is approved and funded, the collaborative and/or its prekindergarten providers shall receive funds on an ongoing basis unless the collaborative and/or its prekindergarten providers no longer meet the criteria to participate in the program.
(iv) Early learning collaboratives shall match state funds on a 1:1 basis. Local matching funds may include local tax dollars, federal dollars as allowed, parent tuition, philanthropic contributions, or in-kind donations of facilities, equipment and services required as part of the program such as food service or health screenings.
(v) The State Department of Education shall reserve no more than five percent (5%) of the appropriation in any year for administrative costs. Funds remaining after awards to early learning collaboratives and the department's administrative needs are met may be carried over in the following year. In the first year of implementation of the program, the department may delay the awarding of funds until the 2014-2015 school year should time not be sufficient to establish the program's operation prior to the 2013-2014 school year.
(vi) In the initial phase of implementation, the State Department of Education shall award state funds under the Early Learning Collaborative Act of 2013 based on a community's capacity, commitment and need. To determine capacity, commitment and need, the State Department of Education shall require evidence of existing strong local collaborations of early education stakeholders. Such evidence shall include, but not be limited to, collaborations resulting from any of the following:
1. Participation in Excel By 5;
2. Participation in supporting Partnerships to Assure Ready Kids (SPARK);
3. Participation in the Gilmore Early Learning Initiative (GELI); or
4. Participation in the Mississippi Building Blocks.
In determining community need, the department shall consider low academic achievement within the public school districts participating in an applicant early learning collaborative and the number and percentage of children without quality prekindergarten options.
(vii) All authority granted to the State Department of Education and the Office of Early Childhood to establish program rules is subject to the public processes established in the provisions of the Mississippi Administrative Procedures Law, including, but not limited to, filing notice of the proposed rules, public hearings and any economic impact statement with the Office of the Secretary of State before presenting such information to the State Board of Education and the Office of Early Childhood for final approval.
SECTION 3. Section 43-20-8, Mississippi Code of 1972, is amended as follows:
43-20-8. (1) The licensing agency shall have powers and duties as set forth below, in addition to other duties prescribed under this chapter:
(a) Promulgate rules and regulations in consultation with the Office of Early Childhood established under this act concerning the licensing and regulation of child care facilities as defined in Section 43-20-5;
(b) Have the authority to issue, deny, suspend, revoke, restrict or otherwise take disciplinary action against licensees as provided for in this chapter;
(c) Set and collect fees and penalties as provided for in this chapter; any increase in the fees charged by the licensing agency under this paragraph shall be in accordance with the provisions of Section 41-3-65; and
(d) Have such other powers as may be required to carry out the provisions of this chapter.
(2) Child care facilities shall assure that parents have welcome access to the child care facility at all times and shall comply with the provisions of Chapter 520, Laws of 2006.
(3) Each child care facility shall develop and maintain a current list of contact persons for each child provided care by that facility. An agreement may be made between the child care facility and the child's parent, guardian or contact person at the time of registration to inform the parent, guardian or contact person if the child does not arrive at the facility within a reasonable time.
(4) Child care facilities shall require that, for any current or prospective caregiver, all criminal records, background and sex offender registry checks and current child abuse registry checks are obtained. In order to determine the applicant's suitability for employment, the applicant shall be fingerprinted. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Department of Public Safety to the FBI for a national criminal history record check.
(5) The licensing agency shall require to be performed a criminal records background check and a child abuse registry check for all operators of a child care facility and any person living in a residence used for child care. The Department of Human Services shall have the authority to disclose to the State Department of Health any potential applicant whose name is listed on the Child Abuse Central Registry or has a pending administrative review. That information shall remain confidential by all parties. In order to determine the applicant's suitability for employment, the applicant shall be fingerprinted. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Department of Public Safety to the FBI for a national criminal history record check.
(6) The licensing agency shall have the authority to exclude a particular crime or crimes or a substantiated finding of child abuse and/or neglect as disqualifying individuals or entities for prospective or current employment or licensure.
(7) The licensing agency and its agents, officers, employees, attorneys and representatives shall not be held civilly liable for any findings, recommendations or actions taken under this section.
(8) All fees incurred in compliance with this section shall be borne by the child care facility. The licensing agency is authorized to charge a fee that includes the amount required by the Federal Bureau of Investigation for the national criminal history record check in compliance with the Child Protection Act of 1993, as amended, and any necessary costs incurred by the licensing agency for the handling and administration of the criminal history background checks.
(9) From and after January 1, 2008, the State Board of Health shall develop regulations to ensure that all children enrolled or enrolling in a state licensed child care center receive age-appropriate immunization against invasive pneumococcal disease as recommended by the Advisory Committee on immunization practices of the Centers for Disease Control and Prevention. The State Board of Health shall include, within its regulations, protocols for children under the age of twenty-four (24) months to catch up on missed doses. If the State Board of Health has adopted regulations before January 1, 2008, that would otherwise meet the requirements of this subsection, then this subsection shall stand repealed on January 1, 2008.
SECTION 4. This act shall take effect and be in force from and after July 1, 2020.