Senate Study Bill 3139 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED GOVERNOR’S BILL) A BILL FOR An Act creating the early childhood Iowa initiative. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 5608XL (10) 83 jp/nh
S.F. _____ H.F. _____ DIVISION I 1 EARLY CHILDHOOD IOWA INITIATIVE 2 Section 1. NEW SECTION . 256I.1 Definitions. 3 For the purposes of this chapter, unless the context 4 otherwise requires: 5 1. “Department” means the department of education. 6 2. “Desired results” means the set of desired results for 7 improving the quality of life in this state for young children 8 and their families identified in section 256I.2. 9 3. “Early care” , “early care services” , or “early care 10 system” means the programs, services, support, or other 11 assistance made available to a parent or other person who is 12 involved with addressing the health and education needs of a 13 child from zero through age five. “Early care” , “early care 14 services” , or “early care system” includes but is not limited to 15 public and private efforts and formal and informal settings. 16 4. “Early childhood Iowa area” means a geographic area 17 designated in accordance with this chapter. 18 5. “Early childhood Iowa area board” or “area board” 19 means the board for an early childhood Iowa area created in 20 accordance with this chapter. 21 6. “Early childhood Iowa state board” or “state board” means 22 the early childhood Iowa state board created in section 256I.3. 23 Sec. 2. NEW SECTION . 256I.2 Desired results —— purpose and 24 scope. 25 1. It is intended that through the early childhood Iowa 26 initiative every community in Iowa will develop the capacity 27 and commitment for using local, informed decision making to 28 achieve the following set of desired results for improving the 29 quality of life in this state for young children and their 30 families: 31 a. Healthy children. 32 b. Children ready to succeed in school. 33 c. Safe and supportive communities. 34 d. Secure and nurturing families. 35 -1- LSB 5608XL (10) 83 jp/nh 1/ 29
S.F. _____ H.F. _____ e. Secure and nurturing early learning environments. 1 2. The purpose of creating the early childhood Iowa 2 initiative is to empower individuals, communities, and state 3 level partners to achieve the desired results. The desired 4 results will be achieved as private and public entities work 5 collaboratively. This initiative creates a partnership between 6 communities and state level partners to support children zero 7 through age five and their families. The role of the early 8 childhood Iowa state board, area boards, and other state and 9 local government agencies is to provide support, leadership, 10 and facilitation of the growth of individual, community, and 11 state responsibility in addressing the desired results. 12 3. To achieve the desired results, the initiative’s primary 13 focus shall be on the efforts of the state and communities to 14 work together to improve the efficiency and effectiveness of 15 early care, education, health, and human services provided to 16 families with children from zero through age five. 17 Sec. 3. NEW SECTION . 256I.3 Early childhood Iowa state 18 board created. 19 1. The early childhood Iowa state board is created to 20 promote a vision for a comprehensive early care, education, 21 health, and human services system in this state. The board 22 shall oversee state and local efforts. The vision shall be 23 achieved through strategic planning, funding identification, 24 guidance, and decision-making authority to assure collaboration 25 among state and local early care, education, health, and human 26 services systems. 27 2. a. The board shall consist of nine voting members with 28 three citizen members and six state agency members. A citizen 29 member shall not be an elected official, public employee, or 30 paid staff member of an agency receiving funding through the 31 early childhood Iowa initiative. The six state agency members 32 shall be the directors or their designee of the following 33 departments: economic development, education, human rights, 34 human services, public health, and workforce development. The 35 -2- LSB 5608XL (10) 83 jp/nh 2/ 29
S.F. _____ H.F. _____ designees of state agency directors shall be selected on an 1 annual basis. The citizen members shall be appointed by the 2 governor, subject to confirmation by the senate. 3 b. The governor’s citizen member appointees shall be 4 selected from individuals nominated by early childhood Iowa 5 area boards. The term of office of the citizen members is 6 three years. A citizen member vacancy on the board shall be 7 filled in the same manner as the original appointment for the 8 balance of the unexpired term. 9 3. Citizen members shall be reimbursed for actual and 10 necessary expenses incurred in performance of their duties. 11 Citizen members shall be paid a per diem as specified in 12 section 7E.6. 13 4. In addition to the voting members, the state board shall 14 include four members of the general assembly with not more than 15 one member from each chamber being from the same political 16 party. The two senators shall be appointed one each by the 17 majority leader of the senate and by the minority leader of 18 the senate. The two representatives shall be appointed one 19 each by the speaker of the house of representatives and by the 20 minority leader of the house of representatives. Legislative 21 members shall serve in an ex officio, nonvoting capacity. A 22 legislative member is eligible for per diem and expenses as 23 provided in section 2.10. 24 5. The governor shall select a chairperson from the state 25 board’s voting members. The state board may select other 26 officers from the voting members as determined to be necessary 27 by the board. The board shall meet regularly as determined by 28 the board, upon the call of the board’s chairperson, or upon 29 the call of a majority of voting members. The board shall meet 30 at least quarterly. 31 Sec. 4. NEW SECTION . 256I.4 Early childhood Iowa state 32 board duties. 33 The state board shall perform the following duties: 34 1. Provide oversight of early childhood Iowa areas. 35 -3- LSB 5608XL (10) 83 jp/nh 3/ 29
S.F. _____ H.F. _____ 2. Manage and coordinate the provision of grant funding and 1 other moneys made available to early childhood Iowa areas by 2 combining all or portions of appropriations or other revenues 3 as authorized by law. 4 3. Approve the geographic boundaries for the early 5 childhood Iowa areas throughout the state and approve any 6 proposed changes in the boundaries. 7 4. Create a strategic plan that supports a comprehensive 8 system of early care, education, health, and human services. 9 The strategic plan shall be annually updated and disseminated 10 to the public. Specific items to be addressed in the strategic 11 plan shall include but are not limited to all of the following: 12 a. Provisions to strengthen the state structure including 13 interagency levels of collaboration, coordination, and 14 integration. 15 b. Provisions for building public-private partnerships. 16 c. Provisions to support consolidating, blending, and 17 redistributing state-administered funding streams and the 18 coordination of federal funding streams. The strategic plan 19 shall also address integration of services provided through 20 area boards, other state and local commissions, committees, 21 and other bodies with overlapping and similar purposes which 22 contribute to redundancy and fragmentation in early care, 23 education, health, and human services programs provided to the 24 public. 25 d. Provisions for improving the efficiency of working with 26 federally mandated bodies. 27 e. Identification of indicators that measure the success of 28 the various strategies that impact communities, families, and 29 children. The indicators shall be developed with input from 30 area boards. 31 5. Adopt common performance measures and data for services, 32 programs, and activities provided by area boards. Data from 33 common performance measures shall be included in the state 34 board’s annual report. 35 -4- LSB 5608XL (10) 83 jp/nh 4/ 29
S.F. _____ H.F. _____ 6. Develop and implement a levels of excellence rating 1 system for use with the state board’s designation process for 2 area boards. Allow for flexibility and creativity of area 3 boards in implementing area board responsibilities and provide 4 authority for the area boards to support the communities in the 5 areas served. The levels of excellence rating system shall 6 utilize a tiered approach for recognizing the performance of 7 an area board. The system shall provide for action to address 8 poor performing areas as well as higher performing areas. If 9 an area board achieves the highest rating level, the state 10 board shall allow special flexibility provisions in regard to 11 the funding appropriated or allocated for that area board. The 12 state board may determine how often area boards are reviewed 13 under the system. 14 7. Adopt rules pursuant to chapter 17A as necessary for the 15 designation, governance, and oversight of area boards and the 16 administration of this chapter. The state board shall provide 17 for area board input in the rules adoption process. 18 8. Develop guidelines for recommended insurance or other 19 liability coverage and take other actions to assist area boards 20 in acquiring such coverage at a reasonable cost. Moneys 21 expended by an area board to acquire necessary insurance or 22 other liability coverage shall be considered an administrative 23 cost. 24 9. In January each year, submit an annual report to the 25 governor and general assembly that includes but is not limited 26 to all of the following: 27 a. Any updates to the strategic plan. 28 b. The status and results of the early childhood Iowa 29 initiative efforts to engage the public regarding the early 30 care, education, health, human services, and other needs of 31 children zero through age five. 32 c. The status and results of the efforts to develop and 33 promote private sector involvement with the early care system. 34 d. The status of the early childhood Iowa initiative and 35 -5- LSB 5608XL (10) 83 jp/nh 5/ 29
S.F. _____ H.F. _____ the overall early care system in achieving the set of desired 1 results. 2 e. The data and common performance measures addressed by 3 the strategic plan, which shall include but is not limited to 4 funding amounts. 5 f. The indicators addressed by the strategic plan along with 6 associated data trends and their source. 7 10. Integrate statewide quality standards and results 8 indicators adopted by other boards and commissions into the 9 state board’s funding requirements for investments in early 10 care, health, education, and human services. 11 11. Ensure alignment of other state departments’ activities 12 with the strategic plan. 13 12. Develop and keep current memoranda of agreements 14 between the state agencies represented on the state board to 15 promote system development and integration and to clarify the 16 roles and responsibilities of partner agencies. 17 13. Work with the early childhood coordination center 18 in building public-private partnerships for promoting the 19 collaborative early care, education, health, and human services 20 system. 21 14. Support and align the early childhood Iowa internet site 22 with other agencies and improve internet communication. 23 Sec. 5. NEW SECTION . 256I.5 Early childhood coordination 24 center. 25 1. The department is the lead agency for implementation 26 of the early childhood Iowa initiative and for support of 27 the state board and the comprehensive early care, education, 28 health, and human services system. 29 2. a. The early childhood coordination center is 30 established as a work unit of the department to provide a 31 center for facilitation, communication, and coordination for 32 early childhood Iowa activities and funding and for improvement 33 of the individual early care, education, health, and human 34 services systems and the comprehensive system. 35 -6- LSB 5608XL (10) 83 jp/nh 6/ 29
S.F. _____ H.F. _____ b. Staffing for the center shall be provided by a project 1 director, a deputy, a family support coordinator, and a first 2 years first coordinator. Dedicated fiscal staff and support 3 staff may be designated, subject to an appropriation made for 4 this purpose. The center shall submit reports to the governor, 5 state board, and the general assembly. The project director 6 shall provide primary staffing to the board, coordinate state 7 technical assistance activities and implementation of the 8 technical assistance system, and oversee other communication 9 and coordination functions. 10 3. The director of the department of education may 11 designate additional staff, as part of the early childhood Iowa 12 initiative, to work with the center in providing coordination 13 and other support to the state’s comprehensive early care, 14 education, health, and human services system. 15 4. The director of the department shall establish a 16 technical assistance team to work with the center. The team 17 shall consist of staff from the state agencies represented on 18 the state board. 19 5. The center shall work with the state and area boards to 20 provide leadership for comprehensive system development. The 21 center shall also do all of the following: 22 a. Enter into memoranda of agreement with the departments of 23 economic development, education, human rights, human services, 24 public health, and workforce development to formalize the 25 respective departments’ commitments to collaborating with and 26 integrating a comprehensive early care, education, health, 27 and human services system. Items addressed in the memoranda 28 shall include but are not limited to data sharing and providing 29 staffing to the technical assistance team. 30 b. Work with private businesses, foundations, and nonprofit 31 organizations to develop sustained funding. 32 c. Maintain the internet site in accordance with section 33 256I.10. 34 d. Propose any needed revisions to administrative rules 35 -7- LSB 5608XL (10) 83 jp/nh 7/ 29
S.F. _____ H.F. _____ based on stakeholder input. 1 e. Provide technical support to the state and area boards 2 and to the early childhood Iowa areas through staffing services 3 made available through the state agencies that serve on the 4 state board. 5 f. Develop, collect, disseminate, and provide guidance for 6 common performance measures for the programs receiving funding 7 under the auspices of the area boards. 8 g. If a disagreement arises within an early childhood Iowa 9 area regarding the interests represented on the area’s board, 10 board decisions, or other disputes that cannot be locally 11 resolved, upon request, provide state or regional technical 12 assistance as deemed appropriate by the center to assist the 13 area in resolving the disagreement. 14 Sec. 6. NEW SECTION . 256I.6 Early childhood Iowa areas. 15 1. The purpose of an early childhood Iowa area is to enable 16 local citizens to lead collaborative efforts involving early 17 care, education, health, and human services on behalf of 18 the children, families, and other citizens residing in the 19 area. Leadership functions may include but are not limited 20 to strategic planning for and oversight and managing of such 21 programs and the funding made available to the early childhood 22 Iowa area for such programs from federal, state, local, and 23 private sources. The focus of the area shall be to achieve the 24 desired results and to improve other results for families with 25 young children. 26 2. An early childhood Iowa area shall be designated by using 27 existing county boundaries to the extent possible. 28 3. The designation of an early childhood Iowa area 29 boundaries and the creation of an area board are both subject 30 to the approval of the state board. The state board shall 31 determine if a proposed area board can efficiently and 32 effectively administer the responsibilities and authority of 33 the area to be served. The state board may apply additional 34 criteria for designating areas and approving area boards, but 35 -8- LSB 5608XL (10) 83 jp/nh 8/ 29
S.F. _____ H.F. _____ shall apply all of the following minimum criteria: 1 a. An area cannot encompass more than four counties. 2 b. The counties encompassing a multicounty area must have 3 contiguous borders. 4 c. A single county area shall have a minimum population 5 of children zero through age five in excess of five thousand, 6 based on the most recent population estimates issued by the 7 United States bureau of the census. 8 4. If the state board determines exceptional circumstances 9 exist, the state board may waive any of the criteria otherwise 10 specified in subsection 3. 11 Sec. 7. NEW SECTION . 256I.7 Early childhood Iowa area 12 boards created. 13 1. a. The early childhood Iowa functions for an area 14 shall be performed under the authority of an early childhood 15 Iowa area board. The membership of an area board shall 16 consist of elected officials in the area and citizen members 17 who reside in the area. A citizen member shall not be an 18 employee of or otherwise represent education, health, or 19 human services agencies or be a paid staff member of an 20 agency receiving funding through the early childhood Iowa 21 initiative. In addition, the membership of an area board shall 22 include representation from education, health, human services, 23 business, and faith interests, and at least one parent, 24 grandparent, or guardian of a child from zero through age five. 25 The education, health, and human services agencies represented 26 on an area board may receive funding from the area board. 27 b. Terms of office of area board members shall be not more 28 than three years and the terms shall be staggered. 29 2. An area board may designate an advisory council 30 consisting of persons employed by or otherwise paid to 31 represent an entity listed in subsection 1 or other provider 32 of service. 33 3. An area board shall elect a chairperson from among the 34 members who are citizens or elected officials. 35 -9- LSB 5608XL (10) 83 jp/nh 9/ 29
S.F. _____ H.F. _____ 4. An area board is a unit of local government for purposes 1 of chapter 670, relating to tort liability of governmental 2 subdivisions. For purposes of implementing a formal 3 organizational structure, an area board may utilize recommended 4 guidelines and bylaws established for this purpose by the state 5 board. 6 5. All meetings of an area board or any committee or other 7 body established by an area board at which public business 8 is discussed or formal action taken shall comply with the 9 requirements of chapter 21. An area board shall maintain its 10 records in accordance with chapter 22. 11 Sec. 8. NEW SECTION . 256I.8 Early childhood Iowa area board 12 duties. 13 1. An early childhood Iowa area board shall do all of the 14 following: 15 a. Designate a public agency of this state, as defined in 16 section 28E.2, a community action agency as defined in section 17 216A.91, an area education agency established under section 18 273.2, or a nonprofit corporation, to be the fiscal agent for 19 grant moneys or for other moneys administered by the area 20 board. 21 b. Administer early childhood Iowa grant moneys available 22 from the state to the area board as provided by law and other 23 federal, state, local, and private moneys made available to 24 the area board. Eligibility for receipt of early childhood 25 Iowa grant moneys shall be limited to those early childhood 26 area boards that have developed an approved community plan in 27 accordance with this chapter. An early childhood area board 28 may apply to the state board for any private moneys received 29 by the early childhood Iowa initiative outside of a state 30 appropriation. 31 c. Develop a comprehensive community plan for providing 32 services for children from zero through age five. At a 33 minimum, the plan shall do all of the following: 34 (1) Describe community and area needs for children from zero 35 -10- LSB 5608XL (10) 83 jp/nh 10/ 29
S.F. _____ H.F. _____ through age five as identified through ongoing assessments. 1 (2) Describe the current and desired levels of community 2 and area coordination of services for children from zero 3 through age five, including the involvement and specific 4 responsibilities of all related organizations and entities. 5 (3) Identify all federal, state, local, and private funding 6 sources including funding estimates available in the early 7 childhood Iowa area that will be used to provide services to 8 children from zero through age five. 9 (4) Describe how funding sources will be used 10 collaboratively and the degree to which the sources can be 11 combined to provide necessary services to young children and 12 their families. 13 (5) Identify the desired results and the community-wide 14 indicators the area board expects to address through 15 implementation of the comprehensive community plan. The plan 16 shall identify community-specific, quantifiable performance 17 measures to be reported in the area board’s annual report and 18 integration with the strategic plan adopted by the state board. 19 (6) Describe the current status of support services to 20 prevent the spread of infectious diseases, prevent child 21 injuries, develop health emergency protocols, help with 22 medication, and care for children with special health needs 23 that are being provided to child care facilities registered or 24 licensed under chapter 237A within the early childhood Iowa 25 area. 26 d. Submit an annual report on the effectiveness of the 27 community plan in addressing school readiness and children’s 28 health and safety needs to the state board and to the local 29 government bodies in the area. The annual report shall 30 indicate the effectiveness of the area board in addressing 31 state and locally determined goals. 32 e. Function as a coordinating body for services offered 33 by different entities directed to similar purposes within the 34 area. 35 -11- LSB 5608XL (10) 83 jp/nh 11/ 29
S.F. _____ H.F. _____ f. Assume other responsibilities established by law or 1 administrative rule. 2 2. An area board may do any of the following: 3 a. Designate one or more committees to assist with area 4 board functions. 5 b. Utilize community bodies for input to the area board and 6 implementation of services. 7 Sec. 9. NEW SECTION . 256I.9 School ready children grant 8 program. 9 1. The state board shall develop and promote a school ready 10 children grant program which shall provide for all of the 11 following components: 12 a. Identify the performance measures that will be used to 13 assess the effectiveness of the school ready children grants. 14 b. Identify guidelines and a process to be used for 15 determining the readiness of an early childhood Iowa area board 16 for administering a school ready children grant. 17 c. Provide for technical assistance concerning funding 18 sources, program design, and other pertinent areas. 19 2. The state board shall provide maximum flexibility to 20 grantees for the use of the grant moneys included in a school 21 ready children grant. 22 3. A school ready children grant shall, to the extent 23 possible, be used to support programs that meet quality 24 standards identified by the state board. At a minimum, a grant 25 shall be used to provide all of the following: 26 a. Preschool services provided on a voluntary basis to 27 children deemed at risk. 28 b. Family support services and parent education programs 29 promoted to parents of children from zero through age five. 30 Family support services shall include but are not limited to 31 home visitation. 32 c. Other services to support the strategic plan developed 33 by the state board. 34 4. a. A school ready children grant shall be awarded to 35 -12- LSB 5608XL (10) 83 jp/nh 12/ 29
S.F. _____ H.F. _____ an area board annually, as funding is available. Receipt of 1 continued funding is subject to submission of the required 2 annual report and the state board’s determination that the area 3 board is measuring, through the use of performance measures and 4 community-wide indicators developed by the state board with 5 input from area boards, progress toward and is achieving the 6 desired results and other results identified in the community 7 plan. Each area board shall participate in the levels of 8 excellence rating system to measure the area’s success. If the 9 use of performance measures and community-wide indicators does 10 not show that an area board has made progress toward achieving 11 the results identified in the community plan, the state board 12 may request a plan of corrective action, withhold any increase 13 in funding, or withdraw grant funding. 14 b. The state board shall distribute school ready children 15 grant moneys to area boards with approved comprehensive 16 community plans based upon a determination of an early 17 childhood Iowa area’s readiness to effectively utilize the 18 grant moneys. The grant moneys shall be adjusted for other 19 federal and state grant moneys to be received by the area for 20 services to children from zero through age five. 21 c. An area board’s readiness shall be determined by 22 evidence of successful collaboration among public and private 23 early care, education, health, and human services interests 24 in the area or a documented program design that supports a 25 strong likelihood of a successful collaboration between these 26 interests. Other criteria which may be used by the state board 27 to determine readiness and evaluate the funding flexibility for 28 an area include one or more of the following: 29 (1) The levels of excellence rating received by the area. 30 (2) Experience or other evidence of the area’s capacity to 31 successfully implement the services in the area’s community 32 plan. 33 (3) Local public and private funding and other resources 34 committed to implementation of the community plan. 35 -13- LSB 5608XL (10) 83 jp/nh 13/ 29
S.F. _____ H.F. _____ (4) The adequacy of plans for commitment of local funding 1 and other resources for implementation of the community plan. 2 d. The provisions for distribution of school ready children 3 grant moneys shall be determined by the state board. 4 e. The amount of school ready children grant funding an area 5 board may carry forward from one fiscal year to the succeeding 6 fiscal year shall not exceed twenty percent of the grant amount 7 for the fiscal year. All of the school ready children grant 8 funds received by an area board for a fiscal year which remain 9 unencumbered or unobligated at the close of a fiscal year shall 10 be carried forward to the succeeding fiscal year. However, the 11 grant amount for the succeeding fiscal year shall be reduced 12 by the amount in excess of twenty percent of the grant amount 13 received for the fiscal year. 14 Sec. 10. NEW SECTION . 256I.10 Early childhood Iowa internet 15 site. 16 1. The department shall provide for the operation of an 17 internet site for purposes of widely distributing information 18 regarding early care, education, health, and human services and 19 other information provided by the departments represented on 20 the state board and the public and private agencies addressing 21 the comprehensive system for such services. 22 2. Information provided on the internet site shall include 23 but is not limited to all of the following: 24 a. Information about the early childhood Iowa initiative for 25 state and local use. 26 b. A link to a special internet site directed to parents, 27 including parent-specific information on early care, education, 28 health, and human services and links to other resources 29 available on the internet and from other sources. 30 c. Program standards for early care, education, health, and 31 human services that have been approved by state agencies. 32 3. The department shall provide to the state board 33 information regarding the extent and frequency of usage of the 34 internet site or sites and this information shall be included 35 -14- LSB 5608XL (10) 83 jp/nh 14/ 29
S.F. _____ H.F. _____ in the board’s annual report to the governor and general 1 assembly. 2 Sec. 11. NEW SECTION . 256I.11 Early childhood Iowa fund. 3 1. An early childhood Iowa fund is created in the state 4 treasury. The moneys credited to the fund are not subject to 5 section 8.33 and moneys in the fund shall not be transferred, 6 used, obligated, appropriated, or otherwise encumbered except 7 as provided by law. Notwithstanding section 12C.7, subsection 8 2, interest or earnings on moneys deposited in the fund shall 9 be credited to the fund. 10 2. A school ready children grants account is created in the 11 fund under the authority of the director of the department of 12 education. Moneys credited to the account shall be distributed 13 by the department in the form of grants to early childhood Iowa 14 areas pursuant to criteria established by the state board in 15 accordance with law. 16 3. Unless a different amount is authorized by law, up 17 to five percent of the school ready children grant moneys 18 distributed to an area board may be used by the area board for 19 administrative costs. 20 4. a. An early childhood programs grants account is 21 created in the fund under the authority of the director of 22 the department of education. Moneys credited to the account 23 under the auspices of the department of human services are 24 appropriated to and shall be distributed by the department 25 of education in the form of grants to early childhood Iowa 26 areas pursuant to criteria established by the state board in 27 accordance with law. The criteria shall include but are not 28 limited to a requirement that an early childhood Iowa area must 29 be designated by the state board in order to be eligible to 30 receive an early childhood programs grant. 31 b. The maximum funding amount an early childhood Iowa area 32 is eligible to receive from the early childhood programs grant 33 account for a fiscal year shall be determined by applying 34 the area’s percentage of the state’s average monthly family 35 -15- LSB 5608XL (10) 83 jp/nh 15/ 29
S.F. _____ H.F. _____ investment program population in the preceding fiscal year to 1 the total amount credited to the account for the fiscal year. 2 c. An early childhood Iowa area receiving funding from 3 the early childhood programs grant account shall comply with 4 any federal reporting requirements associated with the use 5 of that funding and other results and reporting requirements 6 established by the state board. The early childhood 7 coordination center shall provide technical assistance 8 in identifying and meeting the federal requirements. The 9 availability of funding provided from the account is subject to 10 changes in federal requirements and amendments to Iowa law. 11 d. The moneys distributed from the early childhood programs 12 grant account shall be used by early childhood Iowa areas 13 for the purposes of enhancing quality child care capacity in 14 support of parent capability to obtain or retain employment. 15 The moneys shall be used with a primary emphasis on low-income 16 families and children from zero to age five. Moneys shall be 17 provided in a flexible manner and shall be used to implement 18 strategies identified by the early childhood Iowa area to 19 achieve such purposes. The department of education may use a 20 portion of the funding appropriated to the department under 21 this subsection for provision of technical assistance and 22 other support to the early childhood Iowa areas developing and 23 implementing strategies with grant moneys distributed from the 24 account. 25 e. Moneys from a federal block grant that are credited 26 to the early childhood programs grant account but are not 27 distributed to an early childhood Iowa area or otherwise remain 28 unobligated or unexpended at the end of the fiscal year shall 29 revert to the fund created in section 8.41 to be available for 30 appropriation by the general assembly in a subsequent fiscal 31 year. 32 5. A first years first account is created in the fund under 33 the authority of the department of education. The account 34 shall consist of gift or grant moneys obtained from any source, 35 -16- LSB 5608XL (10) 83 jp/nh 16/ 29
S.F. _____ H.F. _____ including but not limited to the federal government. Moneys 1 credited to the account are appropriated to the department to 2 be used for the early childhood-related purposes for which the 3 moneys were received. 4 Sec. 12. REPEALS. 5 1. Chapter 28, Code and Code Supplement 2009, is repealed. 6 2. Section 135.173, Code Supplement 2009, is repealed. 7 3. Section 135.174, Code 2009, is repealed. 8 Sec. 13. IMPLEMENTATION OF ACT. Section 25B.2, subsection 9 3, shall not apply to this Act. 10 Sec. 14. TRANSITION. 11 1. Effective on or after July 1, 2010, as determined by 12 the early childhood Iowa state board created pursuant to this 13 Act, the designations granted by the Iowa empowerment board 14 to community empowerment areas and community empowerment area 15 boards under chapter 28, Code 2009, are withdrawn. However, 16 subject to the approval of the early childhood Iowa state 17 board in accordance with the area board designation criteria 18 established by this Act, all or a portion of the membership of 19 a community empowerment area board may be redesignated to serve 20 as the membership of the initial early childhood Iowa area 21 board for the relevant early childhood Iowa area to be served. 22 Subject to rules to be adopted by the state board addressing 23 redesignation of community empowerment areas as early childhood 24 Iowa areas, existing multicounty community empowerment area 25 boards may choose to be redefined as early childhood Iowa area 26 boards. 27 2. Effective on or after July 1, 2010, as determined by the 28 early childhood Iowa state board, any school ready children 29 grant or other state or federal funds in the possession 30 of a community empowerment area remaining unobligated or 31 unexpended shall be returned to the department of education. 32 The department shall credit funds received to the school ready 33 children grant account or other corresponding account of the 34 early childhood Iowa fund. The moneys credited shall be 35 -17- LSB 5608XL (10) 83 jp/nh 17/ 29
S.F. _____ H.F. _____ redisseminated to an early childhood Iowa area or areas that 1 correspond geographically to the boundaries of the community 2 empowerment area that returned the funds. 3 3. Until the early childhood Iowa state board has adopted 4 administrative rules to implement the provisions of chapter 5 256I, as enacted by this Act, the department of education shall 6 apply the relevant rules adopted to implement the community 7 empowerment initiative under chapter 28, Code 2009, in place 8 of the state agency or agencies designated to administer 9 the relevant rules. The state board shall also adopt rules 10 addressing transition of contracts entered into by community 11 empowerment area boards that include provisions in effect on 12 or after July 1, 2010. 13 DIVISION II 14 CONFORMING AMENDMENTS 15 Sec. 15. Section 135.106, subsection 3, Code 2009, is 16 amended to read as follows: 17 3. It is the intent of the general assembly to provide 18 communities with the discretion and authority to redesign 19 existing local programs and services targeted at and assisting 20 families expecting babies and families with children who 21 are newborn through five years of age. The Iowa department 22 of public health, department of human services, department 23 of education, and other state agencies and programs, as 24 appropriate, shall provide technical assistance and support 25 to communities desiring to redesign their local programs and 26 shall facilitate the consolidation of existing state funding 27 appropriated and made available to the community for family 28 support services. Funds which are consolidated in accordance 29 with this subsection shall be used to support the redesigned 30 service delivery system. In redesigning services, communities 31 are encouraged to implement a single uniform family risk 32 assessment mechanism and shall demonstrate the potential for 33 improved outcomes for children and families. Requests by local 34 communities for the redesigning of services shall be submitted 35 -18- LSB 5608XL (10) 83 jp/nh 18/ 29
S.F. _____ H.F. _____ to the Iowa department of public health, department of human 1 services, and department of education, and are subject to the 2 approval of the early childhood Iowa empowerment state board 3 in consultation with the departments, based on the practices 4 utilized with community empowerment early childhood Iowa areas 5 under chapter 28 256I . 6 Sec. 16. Section 135.119, subsection 2, paragraph d, Code 7 Supplement 2009, is amended to read as follows: 8 d. The program plan shall incorporate a multiyear, 9 collaborative approach for implementation of the plan. The 10 plan shall address how to involve those who regularly work 11 with parents and persons responsible for the care of a 12 child, including but not limited to child abuse prevention 13 programs, child care resource and referral programs, child 14 care providers, family support programs, programs receiving 15 funding through the community empowerment early childhood 16 Iowa initiative, public and private schools, health care 17 providers, local health departments, birth centers, and 18 birthing hospitals. 19 Sec. 17. Section 135.159, subsection 3, paragraph i, Code 20 Supplement 2009, is amended to read as follows: 21 i. For children, coordinate with and integrate guidelines, 22 data, and information from existing newborn and child health 23 programs and entities, including but not limited to the healthy 24 opportunities for parents to experience success healthy 25 families Iowa program, the community empowerment program early 26 childhood Iowa initiative , the center for congenital and 27 inherited disorders screening and health care programs, 28 standards of care for pediatric health guidelines, the office 29 of multicultural health established in section 135.12, the oral 30 health bureau established in section 135.15, and other similar 31 programs and services. 32 Sec. 18. Section 142A.4, subsection 8, Code Supplement 33 2009, is amended to read as follows: 34 8. Assist with the linkage of the initiative with child 35 -19- LSB 5608XL (10) 83 jp/nh 19/ 29
S.F. _____ H.F. _____ welfare and juvenile justice decategorization projects, 1 education programming, community empowerment early childhood 2 Iowa areas, and other programs and services directed to youth 3 at the state and community level. 4 Sec. 19. Section 142A.8, subsection 2, Code 2009, is amended 5 to read as follows: 6 2. A community partnership area shall encompass a 7 county or multicounty area, school district or multischool 8 district area, economic development enterprise zone that 9 meets the requirements of an urban or rural enterprise 10 community under Title Tit. XIII of the federal Omnibus Budget 11 Reconciliation Act of 1993, or community empowerment early 12 childhood Iowa area, in accordance with criteria adopted by 13 the commission for appropriate population levels and size of 14 geographic areas. 15 Sec. 20. Section 216A.140, subsection 5, paragraph j, Code 16 Supplement 2009, is amended to read as follows: 17 j. Office of community empowerment in the department 18 of management Early childhood coordination center in the 19 department of education . 20 Sec. 21. Section 217.42, subsection 1, Code 2009, is amended 21 to read as follows: 22 1. The organizational structure to deliver the department’s 23 field services shall be based upon service areas. The service 24 areas shall serve as a basis for providing field services to 25 persons residing in the counties comprising the service area. 26 The service areas shall be those designated by the department 27 effective January 1, 2002. In determining the service areas, 28 the department shall consider other geographic service areas 29 including but not limited to judicial districts and community 30 empowerment early childhood Iowa areas. The department shall 31 consult with the county boards of supervisors in a service 32 area with respect to the selection of the service area manager 33 responsible for the service area who is initially selected for 34 the service area designated effective January 1, 2002, and any 35 -20- LSB 5608XL (10) 83 jp/nh 20/ 29
S.F. _____ H.F. _____ service area manager selected for the service area thereafter. 1 Following establishment of the service areas effective January 2 1, 2002, if a county seeks to change the boundaries of a 3 service area, the change shall only take place if the change is 4 mutually agreeable to the department and all affected counties. 5 If it is necessary for the department to significantly modify 6 its field operations or the composition of a designated service 7 area, or if it is necessary for the department to change the 8 number of offices operating less than full-time, the department 9 shall consult with the affected counties prior to implementing 10 such action. 11 Sec. 22. Section 232.188, subsection 4, paragraph c, Code 12 2009, is amended to read as follows: 13 c. A decategorization governance board shall coordinate 14 the project’s planning and budgeting activities with the 15 departmental service area manager for the county or counties 16 comprising the project area and the community empowerment early 17 childhood Iowa area board or boards for the community 18 empowerment early childhood Iowa area or areas within which the 19 decategorization project is located. 20 Sec. 23. Section 237A.21, subsection 3, paragraph n, Code 21 Supplement 2009, is amended to read as follows: 22 n. One designee of the community empowerment office of the 23 department of management early childhood coordination center 24 in the department of education . 25 Sec. 24. Section 237A.21, subsection 3, paragraph q, Code 26 Supplement 2009, is amended to read as follows: 27 q. One person who represents the early childhood Iowa 28 council state board created in section 135.173 256I.3 . 29 Sec. 25. Section 237A.22, subsection 1, paragraph j, Code 30 Supplement 2009, is amended to read as follows: 31 j. Advise and assist the early childhood Iowa council state 32 board in developing the strategic plan required pursuant to 33 section 135.173 256I.4 . 34 Sec. 26. Section 237A.26, subsection 8, Code 2009, is 1 -21- LSB 5608XL (10) 83 jp/nh 21/ 29
S.F. _____ H.F. _____ amended to read as follows: 2 8. For purposes of improving the quality and consistency 3 of data collection, consultation, and other support to child 4 care home and child development home providers, a resource and 5 referral services agency grantee shall coordinate and assist 6 with publicly and privately funded efforts administered at 7 the community level to provide the support. The support and 8 efforts addressed by a grantee may include but are not limited 9 to community-funded child care home and child development home 10 consultants. Community members involved with the assistance 11 may include but are not limited to the efforts of a community 12 empowerment an early childhood Iowa area board under chapter 13 28 256I , and of community representatives of education, health, 14 human services, business, faith, and public interests. 15 Sec. 27. Section 237A.30, subsection 1, Code 2009, is 16 amended to read as follows: 17 1. The department shall work with the community empowerment 18 office of the department of management early childhood 19 coordination center in the department of education established 20 in section 28.3 256I.5 and the state child care advisory 21 council in designing and implementing a voluntary quality 22 rating system for each provider type of child care facility. 23 Sec. 28. Section 256C.3, subsection 3, paragraph e, Code 24 2009, is amended to read as follows: 25 e. Collaboration with participating families, early care 26 providers, and community partners including but not limited to 27 community empowerment early childhood Iowa area boards, head 28 start programs, shared visions and other programs provided 29 under the auspices of the child development coordinating 30 council, licensed child care centers, registered child 31 development homes, area education agencies, child care resource 32 and referral services provided under section 237A.26, early 33 childhood special education programs, services funded by 34 Title Tit. I of the federal Elementary and Secondary Education 35 Act of 1965, and family support programs. 1 -22- LSB 5608XL (10) 83 jp/nh 22/ 29
S.F. _____ H.F. _____ Sec. 29. Section 256C.3, subsection 4, paragraph a, Code 2 2009, is amended to read as follows: 3 a. Methods of demonstrating community readiness to 4 implement high-quality instruction in a local program 5 shall be identified. The potential provider shall submit 6 a collaborative program proposal that demonstrates the 7 involvement of multiple community stakeholders including 8 but not limited to, and only as applicable, parents, the 9 school district, accredited nonpublic schools and faith-based 10 representatives, the area education agency, the community 11 empowerment early childhood Iowa area board, representatives 12 of business, head start programs, shared visions and other 13 programs provided under the auspices of the child development 14 coordinating council, center-based and home-based providers 15 of child care services, human services, public health, and 16 economic development programs. The methods may include but are 17 not limited to a school district providing evidence of a public 18 hearing on the proposed programming and written documentation 19 of collaboration agreements between the school district, 20 existing community providers, and other community stakeholders 21 addressing operational procedures and other critical measures. 22 Sec. 30. Section 256C.4, subsection 2, paragraph b, Code 23 2009, is amended to read as follows: 24 b. The enrollment count of eligible students shall not 25 include a child who is included in the enrollment count 26 determined under section 257.6 or a child who is served by 27 a program already receiving state or federal funds for the 28 purpose of the provision of four-year-old preschool programming 29 while the child is being served by the program. Such preschool 30 programming includes but is not limited to child development 31 assistance programs provided under chapter 256A, special 32 education programs provided under section 256B.9, school ready 33 children grant programs and other programs provided under 34 chapter 28 256I , and federal head start programs and the 35 services funded by Title Tit. I of the federal Elementary and 1 -23- LSB 5608XL (10) 83 jp/nh 23/ 29
S.F. _____ H.F. _____ Secondary Education Act of 1965. 2 Sec. 31. Section 279.60, Code 2009, is amended to read as 3 follows: 4 279.60 Kindergarten assessment —— access to data —— reports. 5 Each school district shall administer the dynamic indicators 6 of basic early literacy skills kindergarten benchmark 7 assessment or other kindergarten benchmark assessment adopted 8 by the department of education in consultation with the early 9 childhood Iowa empowerment state board to every kindergarten 10 student enrolled in the district not later than the date 11 specified in section 257.6, subsection 1. The school district 12 shall also collect information from each parent, guardian, 13 or legal custodian of a kindergarten student enrolled in the 14 district, including but not limited to whether the student 15 attended preschool, factors identified by the early care 16 staff childhood coordination center pursuant to section 17 28.3 256I.5 , and other demographic factors. Each school 18 district shall report the results of the assessment and 19 the preschool information collected to the department of 20 education in the manner prescribed by the department not 21 later than January 1 of that school year. The early care 22 staff designated pursuant to section 28.3 early childhood 23 coordination center in the department of education shall 24 have access to the raw data. The department shall review 25 the information submitted pursuant to this section and shall 26 submit its findings and recommendations annually in a report to 27 the governor, the general assembly, the early childhood Iowa 28 empowerment state board, and the community empowerment early 29 childhood Iowa area boards. 30 Sec. 32. Section 915.35, subsection 4, paragraph b, Code 31 Supplement 2009, is amended to read as follows: 32 b. A child protection assistance team may also consult 33 with or include juvenile court officers, medical and mental 34 health professionals, physicians or other hospital-based health 35 professionals, court-appointed special advocates, guardians ad 1 -24- LSB 5608XL (10) 83 jp/nh 24/ 29
S.F. _____ H.F. _____ litem, and members of a multidisciplinary team created by the 2 department of human services for child abuse investigations. A 3 child protection assistance team may work cooperatively with 4 the local community empowerment early childhood Iowa area 5 board established under section 28.6 chapter 256I . The child 6 protection assistance team shall work with the department 7 of human services in accordance with section 232.71B, 8 subsection 3, in developing the protocols for prioritizing 9 the actions taken in response to child abuse reports and for 10 law enforcement agencies working jointly with the department 11 at the local level in processes for child abuse reports. The 12 department of justice may provide training and other assistance 13 to support the activities of a child protection assistance 14 team. 15 EXPLANATION 16 This bill relates to the state and local system for early 17 care by replacing the community empowerment initiative 18 administered for state purposes through the department 19 of management with the early childhood Iowa initiative 20 administered through the department of education. The bill is 21 organized into divisions. 22 DIVISION I —— EARLY CHILDHOOD IOWA INITIATIVE. This 23 division enacts the early childhood Iowa initiative in new Code 24 chapter 256I to replace the community empowerment initiative in 25 Code chapter 28, which is repealed. 26 New Code section 256I.1 provides definitions. 27 New Code section 256I.2 states a set of desired results 28 for the early childhood Iowa initiative, which is essentially 29 the same as the set of desired results under the community 30 empowerment initiative. In addition, the section outlines the 31 purpose of the initiative and the roles of the state agencies 32 and communities involved with the initiative. 33 New Code section 256I.3 creates the early childhood Iowa 34 state board charged to promote the vision of a comprehensive 35 early care, education, health, and human services system 1 -25- LSB 5608XL (10) 83 jp/nh 25/ 29
S.F. _____ H.F. _____ achieved through assuring collaboration and other coordination 2 efforts directed to the individual state and local systems 3 connected with the state agencies. The voting membership 4 consists of six state agency staff and three public members 5 and also includes four members of the general assembly serving 6 as ex officio, nonvoting members. The six state agencies 7 represented are from the departments of economic development, 8 education, human rights, human services, public health, and 9 workforce development. 10 New Code section 256I.4 outlines the duties of the state 11 board, including authority to manage grant funding, approve 12 boundaries of early childhood Iowa areas, designate early 13 childhood Iowa area boards, implement a levels of excellence 14 rating system for use in designating area boards, and create a 15 strategic plan that implements a comprehensive system of early 16 care, education, health, and human services. 17 New Code section 256I.5 designates the department of 18 education as the lead agency for implementation of the 19 initiative and for support of the state board and the 20 comprehensive system. The early childhood coordination center 21 is created in the department with specified staff, authority 22 for designation of additional staff, and inclusion of a 23 technical assistance team consisting of staff from the other 24 state departments represented on the state board. The center 25 duties include entering into memoranda of agreement with state 26 departments and working with stakeholders to implement the 27 initiative and resolve disputes. 28 New Code section 256I.6 addresses designation of early 29 childhood Iowa areas throughout the state and includes 30 a statement of purpose, authority of the state board in 31 designating areas, criteria for designating boundaries, and 32 authority to waive the criteria. 33 New Code section 256I.7 provides for the functions of an 34 early childhood Iowa area to be performed by an area board, 35 outlines membership and other requirements, provides tort 1 -26- LSB 5608XL (10) 83 jp/nh 26/ 29
S.F. _____ H.F. _____ liability protection, and requires compliance with laws 2 relating to open meetings and public records. 3 New Code section 256I.8 addresses the required duties 4 and optional authority for area boards. The duties include 5 designating a public entity or nonprofit corporation to serve 6 as fiscal agent, administering grant funding, developing a 7 comprehensive community plan, and submitting an annual report 8 on the effectiveness of the plan. The optional authority 9 relates to designating committees and using other community 10 bodies to provide input. 11 New Code section 256I.9 provides for development of a school 12 ready grant program. The requirements are similar to those 13 under the school ready children grant program implemented 14 under the community empowerment initiative, including the 15 requirements for providing preschool services for at-risk 16 children, and family support and parent education services 17 for parents with very young children, approval requirements, 18 evaluation components, and a limitation on authority to carry 19 forward unused funding to the succeeding fiscal year. 20 New Code section 256I.10 requires the department of 21 education to implement an early childhood Iowa internet site to 22 disseminate information concerning the early care, education, 23 health, and human services systems and other information and a 24 link to a special internet site for parents. 25 New Code section 256I.11 creates the early childhood Iowa 26 fund and the school ready children grants account, early 27 childhood programs grants account, and first years first 28 account, as part of the fund. The department of education has 29 authority over the fund and the accounts. 30 Code chapter 28, relating to the community empowerment 31 initiative, and Code section 135.173, relating to the early 32 childhood Iowa council, are repealed. 33 The bill may include a state mandate as defined in Code 34 section 25B.3. The bill makes inapplicable Code section 25B.2, 35 subsection 3, which would relieve a political subdivision from 1 -27- LSB 5608XL (10) 83 jp/nh 27/ 29
S.F. _____ H.F. _____ complying with a state mandate if funding for the cost of 2 the state mandate is not provided or specified. Therefore, 3 political subdivisions are required to comply with any state 4 mandate included in the bill. 5 A transition section addresses transition of community 6 empowerment initiative provisions to the early childhood Iowa 7 initiative beginning on July 1, 2010, including transition 8 of community empowerment area boards to early childhood Iowa 9 area boards, state or federal funding possessed by community 10 empowerment area boards, and administrative rules. 11 DIVISION II —— CONFORMING AMENDMENTS. This division 12 makes conforming amendments to replace references to the Iowa 13 empowerment initiative, Iowa empowerment board, community 14 empowerment areas, and Code chapter 28 with references to the 15 early childhood Iowa initiative, early childhood Iowa state 16 board, early childhood Iowa areas, and Code chapter 256I, 17 respectively. 18 The following Code sections are amended: section 135.106, 19 healthy opportunities for parents to experience success (HOPES) 20 —— healthy families Iowa (HFI) program; section 135.119, 21 shaken baby syndrome prevention program; section 135.159, 22 medical home system and advisory council; section 142A.4, 23 commission on tobacco use prevention and control; section 24 142A.8, community partnership public agencies or nonprofit 25 organizations implementing the tobacco use prevention and 26 control initiative in a local area; section 217.42, department 27 of human services field service organization; section 232.188, 28 decategorization of the child welfare and juvenile justice 29 funding initiative; section 237A.21, state child care advisory 30 council; section 237A.22, duties of state child care advisory 31 council and department of human services; section 237A.26, 32 child care resource and referral agency coordination with 33 related community efforts; section 237A.30, provisions for 34 department of human services working with early childhood Iowa 35 staff in implementing the voluntary quality rating system 1 -28- LSB 5608XL (10) 83 jp/nh 28/ 29
S.F. _____ H.F. _____ for all types of child care providers; section 256C.3, local 2 collaboration requirements for the statewide preschool program 3 for four-year-old children; section 256C.4, a prohibition 4 against including certain children involved in other state 5 and federally funded preschool programs in the enrollment 6 count for the statewide preschool program for four-year-old 7 children; section 279.60, providing access to kindergarten 8 assessment data to early childhood Iowa staff; and section 9 915.35, allowing child protection assessment teams to work 10 cooperatively with early childhood Iowa boards. 11 -29- LSB 5608XL (10) 83 jp/nh 29/ 29