SB 22 — EARLY CHILDHOOD EDUCATION & CARE DEPT.

[NEW MATERIAL ] ASSISTANT SECRETARY--SECRETARY--APPOINTMENT--DUTIES.-- h , t, APPOINTMENT--DUTIES.-- e u g e b l A.

The secretary shall, with the consent of the e e h n d d i = = o h governor, appoint an assistant secretary for Native American l ] b ,d i a º e early education and care.

r i = r t e w d B.

m(1) abe nresponsible oto dthe msecretary :for the administration, coordination and oversight of Indian early childhood education and care programs;

b e d s º o t n = .213094.9 s k m e - 5 - e a n e d r e l u [ A d SRC/SB 22 (1) be responsible to the secretary for the administration, coordination and oversight of Indian early childhood education and care programs;

SRC/SB 22 Page 5 (4) provide assistance to school districts and educational agencies to expand appropriate Indian education programs for Native American infants, toddlers, children, youth h and families pursuant to the federal Indian Child Welfare Act u » r of 1978;

t h g e (5) assist with the delivery of culturally l i h r i s relevant education and care for Native American children;

h , e h (6) seek funding to establish and strengthen t u g e b l programs related to Native American infants, toddlers, e e , gh n d d i = = o h children, youth and families;

and l ] b ,d i a º r (7) help ensure that Native American language e r = t e w d and cultural considerations are included in programs madministered athrough nthe odepartment. d m :

b r e t º o t n = .213094.9 s k m e - 6 - e a n e d r e l u [ A d administered through the department.

[NEW MATERIAL] DEPARTMENT--DUTIES.--The department shall:

(1) include child care, pre-kindergarten, SFCº SECºearly pre-kindergarten,»SEC early pre-kindergarten,»SFCpre-kindergarten, home visitation, early head start, head start, early childhood special education and early intervention and family support;

and SRC/SB 22 Page 6 (2) provide New Mexico families with consistent access to appropriate care and education services;

develop standards for the department-sponsored h delivery of early childhood programs;

g o E.

cooperate with other state agencies that affect t hr g e i k children to develop common contracting procedures and service h r i s definitions and a uniform system of access to early childhood h , t, programs;

e u g e b l e e h F.

develop reimbursement criteria for child care n d d i = = o h centers and home providers licensed by the department;

l ] b ,d i a º e G.

conduct biennial assessments of child care or r i = r t e w d early learning service gaps and needs and establish plans to maddress athose nservice ogaps dand mneeds; :

b e d s º o t n = .213094.9 s k m e - 7 - e a n e d r e l u [ A d SRC/SB 22 address those service gaps and needs;

SRC/SB 22 Page 7 J.

h L.

ensure effective collaboration with state and g o local child welfare programs and early childhood health and t hr g e i k behavioral health programs;

h r i s M.

develop and manage effective data systems to h , t, support the necessary functions of a coordinated program;

e u g e b l e e h N.

develop an aligned system of workforce n d d i = = o h development for early childhood professionals;

and l ] b ,d i a º e O.

promote culturally and linguistically r i = r t e w d appropriate programming and provide equal education and care mopportunities ato nnon-English ospeaking dfamilies. m :

b e d s º o t n = .213094.9 s k m e - 8 - e a n e d r e l u [ A d opportunities to non-English speaking families.

[NEW MATERIAL] RECORDS AND CONFIDENTIALITY.--CONFIDENTIALITY.--The The department may access records and data of other state agencies that are not made expressly confidential by law.

[NEW MATERIAL ] FAMILY, INFANT, TODDLER PROGRAM.-- A.

(1) "early intervention programs" means SRC/SB 22 Page 8 programs, including physical development, communications development, adaptive development, social and emotional development and sensory development programs, designed to meet the developmental needs of eligible children;

(2) "eligible child" means a child from birth to age thirty-six months with developmental delay or who, according to department of health-established criteria, is at h risk of developmental delay;

and g o (3) "program" means the family, infant, t hr g e i k toddler program.

h r i s B.

The department is the lead state agency for the h , t, program.

Through the program, the department shall develop and e u g e b l e e h administer a statewide system of comprehensive, coordinated, n d d i = = o h multidisciplinary and interagency early intervention programs l ] b ,d i a º e to eligible children.

r i = r t e w d C.

The parent of an eligible child may choose mwhether ato nenroll othe dchild min :the program.

b e d s º o t n = .213094.9 s k m e - 9 - e a n e d r e l u [ A d SRC/SB 22 whether to enroll the child in the program.

The secretary shall comply with the federal SRC/SB 22 Page 9 Individuals with Disabilities Education Act, Part C, contingent on participation by the state, including by:

h (4) resolving complaints related to the g o program;

t hr g e i k (5) maintaining and expanding interagency and h r i s state and local coordination in implementing the program;

h , t, (6) identifying and coordinating resources for e u g e b l e e h delivering early intervention programs through the program;

and n d d i = = o h (7) establishing minimum requirements to l ] b ,d i a º e qualify personnel to deliver services through the program.

r i = r t e w d F.

The department is the custodian of money mreceived aby nthe ostate dfrom mthe :federal government for the purpose of implementing the federal Individuals with Disabilities Education Act, Part C.

b e d s º o t n = .213094.9 s k m e - 10 - e a n e d r e l u [ A d received by the state from the federal government for the purpose of implementing the federal Individuals with Disabilities Education Act, Part C.

[NEW MATERIAL ] EARLY CHILDHOOD PROGRAMS.-- A.

The department shall convene an advisory council consisting primarily of eligible providers, community organizations, employees who reflect the demographics of the SRC/SB 22 Page 10 current early childhood workforce throughout the state, employee representatives and representatives of the legislative finance committee and the department of finance and administration to:

(3) as part of the work of the council, a workforce development plan shall be developed to include a h career ladder, wage structure and professional development plan g o that applies to the full continuum of programs within the t hr g e i k department, as well as other items deemed appropriate by the h r i s secretary;

and h , t, (4) submit the plan by December 31, 2020 to e u g e b l the legislature and the governor.

e e h n d d i = = o h B.

By December 31 of each year, the department l ] b ,d i a º e shall develop and submit to the legislature and the governor an r i = r t e w d annual report on outcomes for children and families receiving mservices athrough nearly ochildhood dprograms mthat :includes:

b e d s º o t n = .213094.9 s k m e - 11 - e a n e d r e l u [ A d SRC/SB 22 services through early childhood programs that includes:

SRC/SB 22 Page 11 (2) the income levels of families served through those programs;

(7) the number and percentage of children h served through those programs who receive regular g o immunizations;

t hr g e i k (8) evidence that children served through h r i s those programs are served meals regularly;

h , t, (9) retention rates, wages and certification e u g e b l e e h and education levels of those programs' staff members;

and n d d i = = o h (10) evidence that families of children served l ] b ,d i a º e through those programs are engaged in the programs.

r i = r t e w d SECTION 12.

[NEW MATERIAL ] EARLY CHILDHOOD EDUCATION AND mCARE aFINANCE nPLAN.-- oA. d m :

bThe edepartment dshall sprepare ºand oupdate ta nfour-year =early .213094.9childhood seducation kand mcare efinance -plan to SRC/SB 22 Page 12 -provide ethe alegislature nand ethe dgovernor rwith edemographic linformation uon [at-risk Achildren, ddata CAREon FINANCEthe PLAN.--efficacy A.of early childhood education and care programs and recommendations for financing the early childhood education and care system.

The department shall prepare and update a four- year early childhood education and care finance plan to provide the legislature and the governor with demographic information on at-risk children, data on the efficacy of early childhood education and care programs and recommendations for financing the early childhood education and care system.

(c) the gaps between those needs and the programs that address those needs and the reasons for those h gaps;

and g o (d) the funding for each of the previous t hr g e i k four years for programs that address those needs and reduce h r i s those risks;

h , t, (2) an evaluation of the early childhood e u g e b l education and care system by service type;

e e h n d d i = = o h (3) an assessment of whether desired outcomes l ] b ,d i a º e have been reached for each of the previous four SRC/SB 22 Page 13 years;

and r(4) irecommendations =for rlegislation, tfunding eand wother dchanges (4)necessary recommendationsto forimprove legislation,that fundingsystem mand ato nclose othe dgaps min :those programs.

b e d s º o t n = .213094.9 s k m e - 13 - e a n e d r e l u [ A d SRC/SB 22 and other changes necessary to improve that system and to close the gaps in those programs.

h C.

printing and duplicating contracts involving g o materials that are required to be filed in connection with t hr g e i k proceedings before administrative agencies or state or federal h r i s courts;

h , t, D.

purchases of publicly provided or publicly e u g e b l e e h regulated gas, electricity, water, sewer and refuse collection n d d i = = o h services;

lSRC/SB ]22 bPage ,d14 i a º e E.

purchases of books, periodicals and training r i = r t e w d m a n o materials in printed or electronic format from the publishers dor mcopyright :holders thereof;

b e d s º o t n = .213094.9 s k m e - 14 - e a n e d r e l u [ A d or copyright holders thereof;

h K.

municipalities having adopted home rule charters g o and having enacted their own purchasing ordinances;

t hr g e i k L.

the issuance, sale and delivery of public h r i s securities pursuant to the applicable authorizing statute, withSRC/SB h22 ,Page t,15 with the exception of bond attorneys and general financial e u g e b l consultants;

e e h n d d i = = o h M.

contracts entered into by a local public body l ] b ,d i a º e with a private independent contractor for the operation, or r i = r t e w d provision and operation, of a jail pursuant to Sections 33-3-26 mand a33-3-27 nNMSA o1978; d m :

b e d s º o t n = .213094.9 s k m e - 15 - e a n e d r e l u [ A d SRC/SB 22 and 33-3-27 NMSA 1978;

contracts and expenditures for legal h subscription and research services and litigation expenses in u » r connection with proceedings before administrative agencies or t h g e state or federal courts, including experts, mediators, court l i h r i s reporters, process servers and witness fees, but not includingSRC/SB h22 ,Page e16 hincluding attorney contracts;

t u g e b l S.

contracts for service relating to the design, e e , gh n d d i = = o h engineering, financing, construction and acquisition of public l ] b ,d i a º r improvements undertaken in improvement districts pursuant to e r = t e w d Subsection L of Section 3-33-14.1 NMSA 1978 and in county mimprovement adistricts npursuant oto dSubsection mL :of Section 4-55A-12.1 NMSA 1978;

b r e t º o t n = .213094.9 s k m e - 16 - e a n e d r e l u [ A d improvement districts pursuant to Subsection L of Section 4-55A-12.1 NMSA 1978;

contracts entered into by a local public body with a person, firm, organization, corporation or association or a state educational institution named in Article 12, Section 11 of the constitution of New Mexico for the operation and maintenance of a hospital pursuant to Chapter 3, Article 44 NMSA 1978, lease or operation of a county hospital pursuant to the Hospital Funding Act or operation and maintenance of a hospital pursuant to the Special Hospital District Act;

hSRC/SB 22 Page 17 Y.

procurement by or through the public education g o department from the federal department of education relating to t hr g e i k parent training and information centers designed to increase h r i s parent participation, projects and initiatives designed to h , t, improve outcomes for students with disabilities and other e u g e b l projects and initiatives relating to the administration of e e h n d d i = = o h improvement strategy programs pursuant to the federal l ] b ,d i a º e Individuals with Disabilities Education Act;

provided that the r i = r t e w d exemption applies only to procurement of services not to exceed mtwo ahundred nthousand odollars d($200,000); m :

b e d s º o t n = .213094.9 s k m e - 17 - e a n e d r e l u [ A d SRC/SB 22 two hundred thousand dollars ($200,000);

contracts for investment advisory services, investment management services or other investment-related services entered into by the educational retirement board, the state investment officer or the retirement board created SRC/SB 22 Page 18 pursuant to the Public Employees Retirement Act;

h DD.

the purchase for resale by the state fair u » r commission of feed and other items necessary for the upkeep of t h g e livestock;

l i h r i s EE.

contracts entered into by the crime victims h , e h reparation commission to distribute federal grants to assist t u g e b l victims of crime, including grants from the federal Victims of e e , gh n d d i = = o h Crime Act of 1984 and the federal Violence Against Women Act of l ] b ,d i a º r 1994;

e r = t e w d FF.

procurement by or through the [children,early youthchildhood meducation aand ncare odepartment dof mearly :pre-kindergarten and pre-kindergarten services purchased pursuant to the Pre-Kindergarten Act;

b r e t º o t n = .213094.9 s k m e - 18 - e a n e d r e l u [ A d and families] early childhood education and care department of SFCºSECºearly pre-kindergarten and»SEC»SFC SFCºearly pre-kindergarten and»SFC pre-kindergarten services purchased pursuant to the Pre-Kindergarten Act;

CONSOLIDATED ADMINISTRATIVE FUNCTIONS-- BENEFIT.-- [A.A.

ByThe December 1, 2001, the publicly funded health care agencies, political subdivisions and other persons participating in the consolidated purchasing single process pursuant to the Health SRC/SB 22 Page 19 Care Purchasing Act shallmay cooperativelyenter studyinto anda providejoint apowers statusagreement reportpursuant onto the consolidationJoint ofPowers administrativeAgreements functionsAct towith the legislativepublicly funded health care agencies and humanpolitical servicessubdivisions committeeto determine assessments or provisions of resources to consolidate, standardize and administer the governor.consolidated purchasing single process and subsequent activities pursuant to the Health Care Purchasing Act.

h B.

By December 31, 2003, the publicly funded health g o care agencies, political subdivisions and other persons t hr g e i k participating in the consolidated purchasing single process h r i s pursuant to the Health Care Purchasing Act shall consolidate, h , t, standardize and administer the administrative functions that e u g e b l e e h those entities can effectively and efficiently administer as n d d i = = o h reflected in the study.

l ] b ,d i a º e C.] A.

The publicly funded health care agencies, r i = r t e w d political subdivisions and other persons participating in the m a n o d m :

b e d s º o t n = .213094.9 s k m e - 19 - e a n e d r e l u [ A d SRC/SB 22 consolidated purchasing single process pursuant to the Health Care Purchasing Act may enter into a joint powers agreement pursuant to the Joint Powers Agreements Act with the publicly funded health care agencies and political subdivisions to determine assessments or provisions of resources to consolidate, standardize and administer the consolidated purchasing single process and subsequent activities pursuant to the Health Care Purchasing Act.

[D.] B.

Each agency [will] shall retain its responsibility to determine policy direction of the benefit h plans, plan development, training and coordination with respect u » r to participants and its benefits staff, as well as to respond t h g e to benefits eligibility inquiries and establish and enforce l i h r i s eligibility rules.

h , e h [E.] C.

Notwithstanding Subsection [D] B of this t u g e b l section, publicly funded health care agencies, political esubdivisions eand ,other ghpersons nparticipating din dthe iconsolidated =purchasing =single oprocess hpursuant subdivisionsto andthe otherHealth personsCare participatingPurchasing inAct theshall lprovide ]coverage bfor ,dchildren, ifrom abirth ºthrough rthree consolidatedyears purchasingof singleage, processfor pursuantor tounder the Healthfamily, eSRC/SB r22 =Page t20 einfant, wtoddler dprogram Careadministered Purchasingby Actthe shallearly providechildhood coverageeducation forand children,care fromdepartment, mprovided eligibility criteria are met, for a nmaximum obenefit dof mthree :thousand five hundred dollars ($3,500) annually for medically necessary early intervention services provided as part of an individualized family service plan and delivered by certified and licensed personnel who are working in early intervention programs approved by the early childhood education and care department.

b r e t º o t n = .213094.9 s k m e - 20 - e a n e d r e l u [ A d birth through three years of age, for or under the family, infant, toddler program administered by the early childhood education and care department [of health], provided eligibility criteria are met, for a maximum benefit of three thousand five hundred dollars ($3,500) annually for medically necessary early intervention services provided as part of an individualized family service plan and delivered by certified and licensed personnel [as defined in 7.30.8 NMAC ] who are working in early intervention programs approved by the early childhood education and care department [of health].

The "Indian education advisory council" is h created and shall advise the [secretary ] secretaries of early g o childhood education and care and public education and the t hr g e i k assistant [secretary] secretaries for Native American early h r i s childhood education and care and for Indian education on h , t, implementation of the provisions of the Indian Education Act.

e u g e b l The council consists of sixteen members as follows:

e e h n d d i = = o h (1) four representatives from the Navajo l ] b ,d i a º e Nation;

rSRC/SB i22 =Page r21 t e w d (2) two representatives, one from the mMescalero aApache nTribe oand done mfrom :the Jicarilla Apache Nation;

b e d s º o t n = .213094.9 s k m e - 21 - e a n e d r e l u [ A d SRC/SB 22 Mescalero Apache Tribe and one from the Jicarilla Apache Nation;

Members shall be appointed by the secretary with input from New Mexico tribes and organizations involved in the education of tribal students for staggered terms so that the terms of the at-large members and of one-half of each of the tribal representatives end on December 31, 2009 and the terms h of the remaining members end on December 31, 2011.

Thereafter, g o appointments shall be for terms of four years.

The terms of t hr g e i k existing members shall expire on [the effective date of this h r i s 2007 act] June 15, 2007.

h , t, C.

A majority of the members of the Indian e u g e b l e e h education advisory council constitutes a quorum.

The advisory n d d i = = o h council shall elect a chair from its membership.

l ] b ,d i a º e D.

On a semiannual basis, representatives from all rSRC/SB i22 =Page r22 t e w d New Mexico tribes, members of the commission, the office of the mgovernor, athe nIndian oaffairs ddepartment, mthe :legislature, the secretary, the assistant secretary and the Indian education advisory council shall meet to assist in evaluating, consolidating and coordinating all activities relating to the education of tribal students.

b e d s º o t n = .213094.9 s k m e - 22 - e a n e d r e l u [ A d governor, the Indian affairs department, the legislature, the secretary, the assistant secretary and the Indian education advisory council shall meet to assist in evaluating, consolidating and coordinating all activities relating to the education of tribal students.

SHORT TITLE.--[ThisTITLE.--Chapter act ] Chapter 32A, Article 22 NMSA 1978 may be cited as the "Children's Cabinet Act"." SECTION 17.

The children's cabinet [shall consist ] consists hof: of [the following members]:

g o (1) the governor;

t hr g e i k (2) the lieutenant governor;

h r i s (3) the secretary of children, youth and h , t, families;

e u g e b l e e h (4) the secretary of early childhood educationSRC/SB n22 dPage d23 ieducation = = o h and care;

l ] b ,d i a º e [(4)] (5) the secretary of corrections;

r i = r t e w d [(5)] (6) the secretary of human services;

m(7) athe nsecretary oof dworkforce msolutions; :

b(8) e d s º o t n = .213094.9 s k m e - 23 - e a n e d r e l u [ A d SRC/SB 22 [(6)] (7) the secretary of [labor]health; workforce solutions;

[(7)](9) (8) the secretary of health;finance and administration;

[(8)](10) (9) the secretary of financeeconomic anddevelopment; administration;

[(9)](11) (10) the secretary of economicpublic development;safety;

[(10)](12) (11) the secretary of publicaging safety;and long-term services;

[(11)](13) (12) the secretary of agingIndian andaffairs; long- term services;

[(12)]and (13)(14) the secretary of Indianpublic affairs;education.

and [(13)] (14) the secretary of public education.

Each year, the [children's cabinet ] governor shall select [the governor or lieutenant governor to be the chairperson] a person to serve as chair of the cabinet." h SECTION 18.

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

t hr g e i k "32A-23-1.

SHORT TITLE.--[ThisTITLE.--Chapter act] Chapter 32A, Article h r i s 23 NMSA 1978 may be cited as the "Pre-Kindergarten Act"." hSECTION , t, SFCºSECºSECTION 19.

Section 32A-23-2 NMSA 1978 (being e u g e b l e e h Laws 2005, Chapter 170, Section 2) is amended to read:

n d d i = = o h "32A-23-2.

FINDINGSFINDINGS.--The [AND PURPOSE].--The legislature finds l ] b ,d i a º e that:

r i = r t e w d m a n o A.

special needs are present among the state's dpopulation mof :three- and four-year-old children and those needs warrant the provision of early pre-kindergarten and SRC/SB 22 Page 24 pre-kindergarten programs;

b e d s º o t n = .213094.9 s k m e - 24 - e a n e d r e l u [ A d population of three- and four-year-old children and those needs warrant the provision of early pre-kindergarten and pre- kindergarten programs;

["departments"] "department" means the [children, youth and families] early childhood education and h g care department;

[andC. the public education department acting o t hr jointly;

g"early epre-kindergarten iprogram" kmeans C.a statewide, voluntary developmental readiness program for children who have attained their third birthday prior to September 1 that delivers to eligible children programs that address their total developmental needs, including their physical, cognitive, social and emotional needs, and that supports their development in the areas of health care, nutrition and safety and multicultural awareness;

"earlySRC/SB childhood22 developmentPage specialist"25 meansD. h r i s h the adult responsible for working directly with four-year-old , t, e u g children in implementing pre-kindergarten services;] e b l e e h C.

"early"eligible pre-kindergartenchild" program" means a nperson dage dthree ior =four =on o h statewide, voluntary developmental readiness program for l ] b ,d i a º e r i = r children who have attained their third birthday prior to t e w d m a n o September 1 thatof deliversthe toearly eligiblepre-kindergarten childrenor programspre-kindergarten thatprogram dyear; m :

bE. e d s º o t n = .213094.9 s k m e - 25 - e a n e d r e l u [ A d SRC/SB 22 address their total developmental needs, including their physical, cognitive, social and emotional needs, and that supports their development in the areas of health care, nutrition, safety awareness and multicultural sensitivity;

D."eligible provider" means a person licensed by the department to provide early childhood developmental readiness services or preschool special education, or is a public provider or a tribal program or head start program;

"eligible child" means a person age three or four on September 1 of the early pre-kindergarten or pre- kindergarten program year;

[D.] E.

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

"mixed delivery programming" means the provision of pre-kindergarten programs through an equal distribution of funds to programs administered by the public schools and other h programs licensed by the department;

u » r t h [E.] G.

"pre-kindergarten program" means a g e l i statewide, voluntary developmental readiness program for h r i s children who have attained their fourth birthday prior to h , e h t u g September 1 that delivers to eligible children programs that e b l e e , gh address their total developmental needs, including their n d d i = = o h physical, cognitive, social and emotional needs, and that l ] b ,d i a º r e r = supports their development in the areas of health care, tnutrition eand w d m a n o nutrition, safety awareness and multicultural sensitivity;awareness;

dH. m :

b r e t º o t n = .213094.9 s k m e - 26 - e a n e d r e l u [ A d [and] H.

and [F.] I.

SRC/SB 22 Page 26 "32A-23-4.

[VOLUNTARY] EARLY PRE-KINDERGARTEN AND PRE-PRE-KINDERGARTEN KINDERGARTEN PROGRAMS--INTERAGENCY COOPERATION--CONTRACTS--COOPERATION--CONTRACTS--CONTRACT CONTRACT MONITORING--RESEARCH.-- A.

The [children, youth and families department and the public education] department shall [cooperate in the development and implementation of a voluntary] develop and implement an early pre-kindergarten program and a pre- kindergarten program [for the provision of pre-kindergarten servicesprogram. throughout the state.

The pre-kindergartendepartment programmay shalltransfer addressfunds to the totalpublic developmentaleducation needsdepartment offor preschoolan children,approved includingpublic physical,provider cognitive,or socialmay andcontract emotionalwith needs,any andother shalleligible includeprovider healthfor care,the nutrition,delivery safetyof andearly hpre-kindergarten gand multiculturalpre-kindergarten sensitivity].program services.

TheB. department may approve a o t hr public provider or contract with any other eligible provider g e i k for the delivery of early pre-kindergarten and pre-kindergarten h r i s h program services at the per-child rate paid to public , t, e u g elementary schools designated as Title I schools in that e b l e e h locality where the services are provided.

nThe ddepartment dshall iestablish =standards =and operformance hmeasures B.for the early pre-kindergarten and pre-kindergarten programs to ensure the delivery of high-quality, effective services that prepare participating children for kindergarten.

The department shall establish standards and lthe ]public beducation ,ddepartment ishall acooperate ºto ealign rstandards i = r performance measures for the early pre-kindergarten, pre-kindergarten and pre- t e w d m a n o kindergarten programsprograms. to ensure the delivery of high-quality, d m :

bThose edepartments dshall senter ºinto oan tagreement nto =share .213094.9data snecessary kto mreport eon -the 27early -pre-kindergarten eand apre-kindergarten nprograms' eperformance, dincluding rthe epercentage lof uprogram [participants Awho: d SRC/SB 22 effective services that prepare participating children for kindergarten.

The department and the public education department shall cooperate to align standards for early pre- kindergarten, pre-kindergarten and kindergarten programs.

Those departments shall enter into an agreement to share data necessary to report on the early pre-kindergarten and pre- kindergarten programs' performance, including the percentage of program participants who:

and SRC/SB 22 Page 27 (2) are retained in kindergarten or first, second or third grade.

The department shall coordinate with federal h g head start agencies to avoid duplication of effort and maximize o t hr the use of available resources in the implementation of the g e i k early pre-kindergarten and pre-kindergarten programs.

h r i s h [B.] D.

The [departments] department shall , t, e u g [collaborate on promulgating] promulgate rules on pre- e b l e e h kindergarten program services, including state policies and n d d i = = o h l ] b ,d standards defining length of service for pre-kindergarten and i a º e r i = r early pre-kindergarten programs, and shall review the process t e w d m a n o for making contract awards and for the expenditure and use of d m :

b e d s º o t n = .213094.9 s k m e - 28 - e a n e d r e l u [ A d contract funds.

[C.] E.

The [departments] department shall monitor activity under early pre-kindergarten and pre-kindergarten program contracts to ensure [the effectiveness of] adherence to child-centered, developmentally appropriate practices and outcomes.

The [departments 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 early childhood training and technical assistance to [eligible providers] contract award recipients.

[D.] F.

Each year, the [departments] department shall provide an annual report to the governor and the legislature on the [progress of the state's voluntary] early pre-kindergarten and pre-kindergarten [program] programs." SECTION 22.

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

h g "32A-23-6.

REQUESTS FOR PROPOSALS--CONTRACTS FOR o t hr SERVICES.-- g e i k A.

[Each] The department shall [publish] solicit h r i s h the delivery of full-day early pre-kindergarten and pre- , t, e u g kindergarten program services by publishing a request for e b l e e h proposals or a request for applications that contains the same n d d i = = o h requested information for pre-kindergarten services.

l ] b ,d i a º e r i = r B.

Eligible providers shall submit proposals [or t e w d m a n o applications for pre-kindergarten services to the appropriate d m :

b e d s º o t n = .213094.9 s k m e - 29 - e a n e d r e l u [ A d SRC/SB 22 department.

An eligible provider's proposal or application] to the department that shall include a description of the services that will be provided, including:

(1) how [those] the provider's services meet [children, youth and families department or public education] department standards;

(2) the number of [four-year-old] eligible children the [eligible] provider can serve;

(3) the provider's site and floor plans and a description of [the] its facilities;

(4) the revenue sources and [amounts other than state] non-state funding available for the [pre- kindergarten program] provider's delivery of services;

(5) a description of the qualifications and experience of the [early childhood development] provider's service-delivery staff for each site;

h g (6) the provider's plan for communicating with o t hr and involving parents of children in the early pre-kindergarten g e i k and pre-kindergarten [program] programs;

h r i s h (7) how [those] the provider's services meet , t, e u g the continuum of services to children;

and e b l e e h (8) other relevant information.

[requested by n d d i = = o h l ] b ,d the departments.] i a º e r i = r C.

[Each] The department shall accept and evaluate t e w d m a n o proposals or applications for [funding for] the delivery of d m :

b e d s º o t n = .213094.9 s k m e - 30 - e a n e d r e l u [ A d early pre-kindergarten and pre-kindergarten [D.

For funding purposes, applications and proposals shall be evaluated and priority given] program services by eligible providers.

InThe selectingdepartment amongshall proposalspromulgate andrules applicationson for the delivery of early pre-kindergarten and pre-kindergarten program services, theincluding departmentstate shallpolicies giveand prioritystandards todefining programslength inof communitiesservice withfor publicpre-kindergarten elementaryand schoolsearly [thatpre-kindergarten are]programs, designatedand asshall Titlereview [1]the Iprocess schoolsfor [andmaking thatcontract have]awards inand whichfor at least sixty-six percent of the childrenexpenditure servedand [living]use reside within the attendance zone of acontract Titlefunds. [1] I elementary school.

[Additional funding criteria include] It shall further consider:

(1) the number of [four-year-olds] eligible children residing in the community and the number of [four- year-olds] eligible children proposed to be served;

(2) the adequacy and capacity of pre- kindergarten facilities in the community;

(3) the availability of language and literacy services in the community;

h g (4) the cultural, historic and linguistic o t hr responsiveness to the community;

g e i k (5) the availability of parent education h r i s h services [available] for parents of [four-year-olds] eligible , t, e u g children in the community;

e b l e e h [(6) the qualifications of eligible providers n d d i = = o h in the community;

l ] b ,d i a º e r i = r (7)] (6) staff professional development plans;

t e w d m a n o [(8)] (7) the capacity of local organizations d m :

b e d s º o t n = .213094.9 s k m e - 31 - e a n e d r e l u [ A d SRC/SB 22 and persons interested in and involved in programs and services for [four-year-olds] eligible children and their commitment to work together;

[(9)] (8) the [extent] degree of local support for early pre-kindergarten and pre-kindergarten program services in the community;

and [(10)] (9) other relevant criteria specified by [joint] department rule [of the departments].

AThe contractdepartment [orshall agreement]monitor withactivity anunder eligible provider for early pre-kindergarten and pre-kindergarten program servicescontracts shallto [specifyensure andadherence ensure]to providechild-centered, thatdevelopmentally fundsappropriate [shall]practices notand beoutcomes. used for any religious, sectarian or denominational purposes, instruction or material." SECTION 23.

SectionThe 32A-23-9department NMSAshall 1978provide (beingearly Lawschildhood 2011,training Chapterand 126,technical Sectionassistance 1)to iscontract amendedaward torecipients. read:

"32A-23-9.F.

EQUALEach DIVISIONyear, OFthe APPROPRIATIONS.--Anydepartment money h appropriated for pre-kindergarten programs shall beprovide dividedan uannual »report rto tthe hgovernor equally between [the public education department and the glegislature eon l i children, youth and families department] programs administered h r i s by the publicearly schoolspre-kindergarten and otherpre-kindergarten programsprograms." licensed by the h , e h t u g department." e b l e e , gh SECTION 24.22.

A new section of the Pre-Kindergarten Act is n d d i = = o h enacted to read:

l ] b ,d i a º r e r = "[NEW MATERIAL] MIXED DELIVERY OF PRE-KINDERGARTEN t e w d m a n o PROGRAMS.--Any money appropriated for pre-kindergarten programs d m :

b r e t º o t n = .213094.9 s k m e - 32 - e a n e d r e l u [ A d shall be distributed for mixed delivery programming.

The public education department shall access funds from the early childhood education and care department to support pre-kindergarten in the public education system.

Pre- kindergarten funding transfers to public providers shall be processed through the public education department to those public providers that demonstrate adherence to standards developed by the department."»SEC SECºSECTION 19.

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

"32A-23-2.

FINDINGS [AND PURPOSE].--The legislature finds that:

A.

special needs are present among the state's population of three- and four-year-old children and those needs warrant the provision of pre-kindergarten programs;

B.

participation in quality pre-kindergarten has a positive effect on children's intellectual, emotional, social and physical development;

and C.

pre-kindergarten will advance governmental h g interests and childhood development and readiness." o t hr SECTION 20.

Section 32A-23-3 NMSA 1978 (being Laws 2005, g e i k Chapter 170, Section 3) is amended to read:

h r i s h "32A-23-3.

DEFINITIONS.--As used in the Pre-Kindergarten , t, e u g Act:

e b l e e h A.

"community" means an area defined by school n d d i = = o h district boundaries, tribal boundaries or joint boundaries of a l ] b ,d i a º e r i = r school district and tribe or any combination of school t e w d m a n o districts and tribes;

d m :

b e d s º o t n = .213094.9 s k m e - 33 - e a n e d r e l u [ A d SRC/SB 22 B.

"departments" means the [children, youth and families] early childhood education and care department and the public education department acting jointly;

C.

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

D.

"eligible provider" means a person licensed by the [children, youth and families] early childhood education and care 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 third or fourth birthday prior to September 1;

and F.

"tribe" means an Indian nation, tribe or pueblo h g located in New Mexico." o t hr SECTION 21.

Section 32A-23-4 NMSA 1978 (being Laws 2005, g e i k Chapter 170, Section 4) is amended to read:

h r i s h "32A-23-4.

VOLUNTARY PRE-KINDERGARTEN--INTERAGENCY , t, e u g COOPERATION--CONTRACTS--CONTRACT MONITORING--RESEARCH.-- e b l e e h A.

The [children, youth and families department and n d d i = = o h l ] b ,d the public education department] departments shall cooperate in i a º e r i = r the development and implementation of a voluntary program for t e w d m a n o the provision of pre-kindergarten services throughout the d m :

b e d s º o t n = .213094.9 s k m e - 34 - e a n e d r e l u [ A d state.

The pre-kindergarten program shall address the total developmental needs of preschool children, including physical, cognitive, social and emotional needs, and shall include health care, nutrition, safety and multicultural sensitivity.

B.

The departments shall collaborate on promulgating rules on pre-kindergarten services, including state policies and standards and shall review the process for contract awards and for the expenditure and use of contract funds.

C.

The departments shall coordinate with federal head start agencies to avoid duplication of effort and maximize the use of available resources in the implementation of pre- kindergarten.

[C.] D.

The departments shall monitor pre- kindergarten contracts to ensure the effectiveness of child- centered, developmentally appropriate practices and outcomes.

The departments shall assign staff to work on the development and implementation of [the program] statewide voluntary pre- kindergarten and on the monitoring of contract awards.

The h g [early childhood training and technical assistance programs of o t hr the children, youth and families department and assigned staff g e i k from the public education department] departments' staff shall h r i s h provide technical assistance to eligible providers.

, t, e u g [D.] E.

The departments shall provide an annual e b l e e h report to the governor and the legislature on the progress of n d d i = = o h the state's voluntary pre-kindergarten program." l ] b ,d i a º e r i = r SECTION 22.

Section 32A-23-5 NMSA 1978 (being Laws 2005, t e w d m a n o Chapter 170, Section 5, as amended) is amended to read:

d m :

b e d s º o t n = .213094.9 s k m e - 35 - e a n e d r e l u [ A d SRC/SB 22 "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 23.

REQUESTS FOR PROPOSALS--CONTRACTS FOR SRC/SB 22 Page 28 SERVICES.-- A.

EachThe department shall publishsolicit the delivery of both half-day and full-day early pre-kindergarten and pre-kindergarten program services by publishing a request for proposals or a request for applications that contains the same requested information for pre-kindergarten services.

Eligible providers shall submit proposals orto applicationsthe fordepartment pre-kindergartenthat servicesshall toinclude a description of the appropriateservices department.that will be provided, including:

An(1) eligiblehow the provider's proposalservices ormeet applicationdepartment shallstandards; include a description of [the] services, [that will be h g provided, including] facilities, staff education and o t hr experience, revenues and other information as follows:

g(2) ethe inumber kof (1)eligible howchildren [those]the providedprovider servicescan meetserve; h r i s h [children, youth and families] early childhood education and , t, e u g care department or public education department standards;

e(3) b l e e h (2) the numberprovider's ofsite three- and four-year-oldfloor nplans dand da idescription =of =its ofacilities; h l ] b ,d children the eligible provider can serve;

i(4) athe ºrevenue esources rand inon-state =funding ravailable (3)for sitethe andprovider's floordelivery plans and a description of tservices; e w d m a n o the facilities;

d(5) ma :description of the qualifications and experience of the provider's service-delivery staff for each site;

b(6) ethe dprovider's splan ºfor ocommunicating twith nand =involving .213094.9parents sof kchildren min ethe -early 36pre-kindergarten - e a n e d r e l u [ A d (4) revenue sources and amounts other than state funding available for the pre-kindergarten program;programs;

(5)(7) ahow description of the qualificationsprovider's andservices experiencemeet of the earlycontinuum childhoodof developmentservices staffto forchildren; each site;

(6)and theSRC/SB plan22 forPage communicating29 with(8) andother involvingrelevant parentsinformation. in the pre-kindergarten program;

(7) how [those] the services meet the continuum of services to children;

and (8) other relevant information requested by the departments.

EachThe department shall accept and evaluate proposals or applications for fundingthe fordelivery pre-kindergarten.of early pre-kindergarten and pre-kindergarten program services by eligible providers.

ForIn fundingselecting purposes,among applicationsproposals and proposalsapplications shallfor bethe evaluateddelivery of early pre-kindergarten and prioritypre-kindergarten givenprogram services, the department shall give priority to programs in communities with public elementary schools that are designated as Title 1I schools andin thatwhich have at least sixty-six percent of the children served livingreside within the attendance zone of a Title 1I elementary school.

AdditionalIt fundingshall criteriafurther hconsider: g include:

o t hr (1) the number of three-eligible andchildren four-year-olds g e i k residing in the community and the number of three-eligible orchildren four- h r i s h year-olds proposed to be served;

, t, e u g (2) the adequacy and capacity of pre-pre-kindergarten e b l e e h kindergarten facilities in the community;

n d d i = = o h (3) language and literacy services in the l ] b ,d i a º e r i = r community;

t e w d m a n o (4) the cultural, historic and linguistic d m :

b e d s º o t n = .213094.9 s k m e - 37 - e a n e d r e l u [ A d SRC/SB 22 responsiveness to the community;

(5) parent education services available for parents of three- and 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 three- and four-year-olds and their commitment to work together;

(9) the extent of local support for pre- kindergarten services in the community;

and (10) other relevant criteria specified by joint rule of the departments.

E.

A contract or agreement with an eligible provider shall specify and ensure that funds shall not be h g used for any religious, sectarian or denominational purposes, o t hr instruction or material." g e i k SECTION 24.

Section 32A-23-7 NMSA 1978 (being Laws h r i s h 2005, Chapter 170, Section 7) is amended to read:

, t, e u g "32A-23-7.

PROGRAM FUNDING.--The [children, youth and e b l e e h families] early childhood education and care department shall n d d i = = o h l ] b ,d reimburse eligible providers for programs that are not i a º e r i = r offered in [a] public [school] schools.

The public education t e w d m a n o department shall reimburse eligible providers that are public d m :

b e d s º o t n = .213094.9 s k m e - 38 - e a n e d r e l u [ A d school programs." SECTION 25.

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

"32A-23-8.

FUNDS CREATED--ADMINISTRATION.-- A.

The "public pre-kindergarten fund" is created as a nonreverting fund in the state treasury.

The fund shall consist of appropriations, income from investment of the fund, gifts, grants and donations.

The fund shall be administered by the public education department, and money in the fund is appropriated to the department to carry out the provisions of the Pre-Kindergarten Act.

Disbursements from the fund shall be by warrant of the secretary of finance and administration upon vouchers signed by the secretary of public education or the secretary's authorized representative.

The department may use up to ten percent of the money in the fund each year for administrative expenses.

B.

The "[children, youth and families] early childhood education and care pre-kindergarten fund" is created as a nonreverting fund in the state treasury.

The h g fund shall consist of appropriations, income from investment o t hr of the fund, gifts, grants and donations.

The fund shall be g e i k administered by the [children, youth and families] early h r i s h childhood education and care department, and money in the , t, e u g fund is appropriated to the department to carry out the e b l e e h provisions of the Pre-Kindergarten Act.

Disbursements from n d d i = = o h the fund shall be by warrant of the secretary of finance and l ] b ,d i a º e r i = r administration upon vouchers signed by the secretary of t e w d m a n o [children, youth and families] early childhood education and d m :

b e d s º o t n = .213094.9 s k m e - 39 - e a n e d r e l u [ A d SRC/SB 22 care or the secretary's authorized representative.

The department may use up to ten percent of the money in the fund each year for administrative expenses." SECTION 26.

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] early childhood education and care department.»SEC»SFC SFCº SECTION 19.

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

"32A-23-2.

FINDINGS [AND PURPOSE].--The legislature finds that:

A.

special needs are present among the state's population of three- and four-year-old children and those h g needs warrant the provision of early pre-kindergarten and o t hr pre-kindergarten programs;

g e i k B.

participation in quality early pre- h r i s h kindergarten and pre-kindergarten has a positive effect on , t, e u g children's intellectual, emotional, social and physical e b l e e h development;

and n d d i = = o h l ] b ,d C.

early pre-kindergarten and pre-kindergarten i a º e r i = r will advance governmental interests and childhood development t e w d m a n o and readiness." d m :

b e d s º o t n = .213094.9 s k m e - 40 - e a n e d r e l u [ A d SECTION 20.

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 and care 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;] C.

"early pre-kindergarten program" means a statewide, voluntary developmental readiness program for children who have attained their third birthday prior to September 1 that delivers to eligible children programs that h g address their total developmental needs, including their o t hr physical, cognitive, social and emotional needs, and that g e i k supports their development in the areas of health care, h r i s h nutrition SFCº, and»SFC safety SFCºawareness»SFC and , t, e u g multicultural SFCºsensitivity awareness»SFC;

e b l e e h D.

"eligible child" means a person age three or n d d i = = o h four on September 1 of the early pre-kindergarten or pre- l ] b ,d i a º e r i = r kindergarten program year;

t e w d m a n o [D.] E.

"eligible provider" means a person d m :

b e d s º o t n = .213094.9 s k m e - 41 - e a n e d r e l u [ A d SRC/SB 22 licensed by the [children, youth and families] department [that provides] to provide early childhood developmental readiness services or preschool special education, or is a public provider or a [public school] tribal program or head start program;

F.

"mixed delivery programming" means the provision of pre-kindergarten programs through an equal distribution of funds to programs administered by the public schools and other programs licensed by the department;

[E.] G.

"pre-kindergarten program" means a statewide, voluntary developmental readiness program for children who have attained their fourth birthday prior to September 1 that delivers to eligible children programs that address their total developmental needs, including their physical, cognitive, social and emotional needs, and that supports their development in the areas of health care, h nutrition SFCº, and»SFC safety SFCºawareness»SFC and u » r t h multicultural SFCºsensitivity awareness»SFC;

[and] g e l i H.

"public provider" means a school district or h r i s charter school;

and h , e h t u g [F.] I.

"tribe" means an Indian nation, tribe or e b l e e , gh pueblo located in New Mexico." n d d i = = o h SECTION 21.

Section 32A-23-4 NMSA 1978 (being Laws l ] b ,d i a º r e r = 2005, Chapter 170, Section 4) is amended to read:

t e w d m a n o "32A-23-4.

[VOLUNTARY] EARLY PRE-KINDERGARTEN AND PRE- d m :

b r e t º o t n = .213094.9 s k m e - 42 - e a n e d r e l u [ A d KINDERGARTEN PROGRAMS--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 a voluntary] develop and implement an early pre-kindergarten program and a pre- kindergarten program [for the provision of pre-kindergarten services throughout the state.

The pre-kindergarten program shall address the total developmental needs of preschool children, including physical, cognitive, social and emotional needs, and shall include health care, nutrition, safety and multicultural sensitivity].

SFCºThe department may approve a public provider or contract with any other eligible provider for the delivery of early pre-kindergarten and pre- kindergarten program services at the per-child rate paid to public elementary schools designated as Title I schools in that locality where the services are provided.»SFC SFCºThe department may transfer funds to the public education department for an approved public provider or may contract h with any other eligible provider for the delivery of early u » r t h pre-kindergarten and pre-kindergarten program services.»SFC g e l i B.

The department shall establish standards and h r i s performance measures for the early pre-kindergarten and pre- h , e h t u g kindergarten programs to ensure the delivery of high-quality, e b l e e , gh effective services that prepare participating children for n d d i = = o h kindergarten.

The department and the public education l ] b ,d i a º r e r = department shall cooperate to align standards for early pre- t e w d m a n o kindergarten, pre-kindergarten and kindergarten programs.

d m :

b r e t º o t n = .213094.9 s k m e - 43 - e a n e d r e l u [ A d SRC/SB 22 Those departments shall enter into an agreement to share data necessary to report on the early pre-kindergarten and pre- kindergarten programs' performance, including the percentage of program participants who:

(1) enter kindergarten:

(a) developmentally prepared for it;

(b) needing special services;

and (c) proficient in reading and mathematics;

and (2) are retained in kindergarten or first, second or third grade.

C.

The department shall coordinate with federal head start agencies to avoid duplication of effort and maximize the use of available resources in the implementation of the early pre-kindergarten and pre-kindergarten programs.

[B.] D.

The [departments] department shall h g [collaborate on promulgating] promulgate rules on pre- o t hr kindergarten program services, including state policies and g e i k standards defining length of service for pre-kindergarten and h r i s h early pre-kindergarten programs, and shall review the process , t, e u g for making contract awards and for the expenditure and use of e b l e e h contract funds.

n d d i = = o h l ] b ,d [C.] E.

The [departments] department shall i a º e r i = r monitor activity under early pre-kindergarten and pre- t e w d m a n o kindergarten program contracts to ensure [the effectiveness d m :

b e d s º o t n = .213094.9 s k m e - 44 - e a n e d r e l u [ A d of] adherence to child-centered, developmentally appropriate practices and outcomes.

The [departments 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 early childhood training and technical assistance to [eligible providers] contract award recipients.

[D.] F.

Each year, the [departments] department shall provide an annual report to the governor and the legislature on the [progress of the state's voluntary] early pre-kindergarten and pre-kindergarten [program] programs." SECTION 22.

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] solicit the delivery of SFCºboth half-day and»SFC full-day early h g pre-kindergarten and pre-kindergarten program services by o t hr publishing a request for proposals or a request for g e i k applications that contains the same requested information for h r i s h pre-kindergarten services.

, t, e u g B.

Eligible providers shall submit proposals [or e b l e e h applications for pre-kindergarten services to the appropriate n d d i = = o h department.

An eligible provider's proposal or application] l ] b ,d i a º e r i = r to the department that shall include a description of the t e w d m a n o services that will be provided, including:

d m :

b e d s º o t n = .213094.9 s k m e - 45 - e a n e d r e l u [ A d SRC/SB 22 (1) how [those] the provider's services meet [children, youth and families department or public education] department standards;

(2) the number of [four-year-old] eligible children the [eligible] provider can serve;

(3) the provider's site and floor plans and a description of [the] its facilities;

(4) the revenue sources and [amounts other than state] non-state funding available for the [pre- kindergarten program] provider's delivery of services;

(5) a description of the qualifications and experience of the [early childhood development] provider's service-delivery staff for each site;

(6) the provider's plan for communicating with and involving parents of children in the early pre- kindergarten and pre-kindergarten [program] programs;

h g (7) how [those] the provider's services meet o t hr the continuum of services to children;

and g e i k (8) other relevant information.

[requested h r i s h by the departments.] , t, e u g C.

[Each] The department shall accept and e b l e e h evaluate proposals or applications for [funding for] the n d d i = = o h l ] b ,d delivery of early pre-kindergarten and pre-kindergarten [D.

i a º e r i = r For funding purposes, applications and proposals shall be t e w d m a n o evaluated and priority given] program services by eligible d m :

b e d s º o t n = .213094.9 s k m e - 46 - e a n e d r e l u [ A d providers.

D.

In selecting among proposals and applications for the delivery of early pre-kindergarten and pre- kindergarten program services, the department shall give priority to programs in communities with public elementary schools [that are] designated as Title [1] I schools [and that have] in which at least sixty-six percent of the children served [living] reside within the attendance zone of a Title [1] I elementary school.

[Additional funding criteria include] It shall further consider:

(1) the number of [four-year-olds] eligible children residing in the community and the number of [four- year-olds] eligible children proposed to be served;

(2) the adequacy and capacity of pre- kindergarten facilities in the community;

h g (5) the availability of parent education o t hr services [available] for parents of [four-year-olds] eligible g e i k children in the community;

h(6) rstaff iprofessional sdevelopment hplans; [(6) the qualifications of eligible , t, e u g providers in the community;

eSRC/SB b22 lPage e30 e(7) hthe (7)]capacity (6)of stafflocal professionalorganizations developmentand npersons dinterested din iand =involved =in oprograms hand plans;services for eligible children and their commitment to work together;

l(8) ] b ,d i a º e r i = r [(8)] (7) the capacitydegree of local tsupport efor wearly dpre-kindergarten m a n o organizations and personspre-kindergarten interestedprogram inservices and involved in dthe mcommunity; :

b e d s º o t n = .213094.9 s k m e - 47 - e a n e d r e l u [ A d SRC/SB 22 programs and services(9) forother [four-year-olds]relevant eligiblecriteria childrenspecified andby theirdepartment commitmentrule. to work together;

[(9)] (8) the [extent] degree of local support for early pre-kindergarten and pre-kindergarten program services in the community;

and [(10)] (9) other relevant criteria specified by [joint] department rule [of the departments].

A contract [or agreement] with an eligible provider for early pre-kindergarten and pre-kindergarten program services shall [specify and ensure] provide that funds [shall] not be used for any religious, sectarian or denominational purposes, instruction or material." SECTION 23.

EQUAL DIVISION OF APPROPRIATIONS.--Any money appropriated for pre-kindergarten programs shall be divided h equally between [the public education department and the u » r t h children, youth and families department] programs g e l i administered by the public schools and other programs h r i s licensed by the department." h , e h t u g SECTION 24.

A new section of the Pre-Kindergarten Act e b l e e , gh is enacted to read:

n"MIXED d d i = = o h "[NEW MATERIAL] MIXED DELIVERY OF PRE-KINDERGARTEN l ] b ,d i a º r e r = PROGRAMS.--Any money appropriated for pre-kindergarten t e w d m a n o programs shall be distributed for mixed delivery programming.

dThe mpublic :education department shall access funds from the early childhood education and care department to support SRC/SB 22 Page 31 pre-kindergarten in the public education system.

bPre-kindergarten rfunding etransfers tto ºpublic oproviders tshall nbe =processed .213094.9through sthe k m e - 48 - e a n e d r e l u [ A d The public education department shallto accessthose fundspublic fromproviders thethat earlydemonstrate childhoodadherence education and care department to supportstandards pre-kindergartendeveloped inby the publicdepartment." educationSECTION system.25.

Pre-Section kindergarten32A-23A-1 fundingNMSA transfers1978 to(being publicLaws providers2011, shallChapter be123, processedSection through1) theis publicamended education department to thoseread: public providers that demonstrate adherence to standards developed by the department."»SFC SECTION SFCº SECº25.

27.»SEC 25.»SFC Section 32A-23A-1 NMSA 1978 (being Laws 2011, Chapter 123, Section 1) is amended to read:

SHORT TITLE.--[ThisTITLE.--Chapter act ] Chapter 32A, Article 23A NMSA 1978 may be cited as the "Early Childhood Care and Education Act"." SECTION SFCº26. SECº26.

28.»SEC 26.»SFC Section 32A-23A-2 NMSA 1978 (being Laws 2011, Chapter 123, Section 2) is amended to read:

[A.A.

"council""department" means the state early learningchildhood heducation advisoryand council;care department;

g o t hr B.

]"early A.childhood" means the period of a person's life from birth to age five;

"department"C. means the [children, youth g e i k and families] early childhood education and care department;

h"fund" rmeans ithe searly [C.childhood care and education fund;

]and B.D.

"early"secretary" childhood" means the periodsecretary of aearly hchildhood ,education t,and person'scare." lifeSECTION from27. [prenatal] birth to [the] age [of] five e u g e b l e e h [years];

nSection d32A-23B-1 dNMSA i1978 =(being =Laws o2013, hChapter [D.118, Section 1) is amended to read:

] C.

"fund" means the early childhood care and l ] b ,d i a º e education fund;

and r i = r t e w d m a n o [E.

"pre-kindergarten" means a voluntary d m :

b e d s º o t n = .213094.9 s k m e - 49 - e a n e d r e l u [ A d SRC/SB 22 developmental readiness program for children who have attained their fourth birthday prior to September 1;

and F.] D.

"secretary" means the secretary of [children, youth and families ] early childhood education and care." SECTION SFCºSECº27.

29.»SEC 27.»SFC Section 32A-23B-1 NMSA 1978 (being Laws 2013, Chapter 118, Section 1) is amended to read:

SHORT TITLE.--[ThisTITLE.--Chapter act ] Chapter 32A, Article 23B NMSA SRC/SB 22 Page 32 1978 may be cited as the "Home Visiting Accountability Act"." SECTION SFCº28. SECº28.

30.»SEC 28.»SFC Section 32A-23B-2 NMSA 1978 (being Laws 2013, Chapter 118, Section 2) is amended to read:

h A.

"culturally and linguistically appropriate" g o means appropriate when taking into consideration the culture, t hr g e i k customs and language of an eligible family's home;

h r i s B.

"department" means the [children, youth and h , t, families] early childhood education and care department;

e u g e b l e e h C.

"eligible family" means a family that elects n d d i = = o h to receive home visiting services and includes: