Senate Study Bill 3128 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON APPROPRIATIONS BILL BY CHAIRPERSON DVORSKY) A BILL FOR An Act relating to the early childhood Iowa initiative, 1 modifying an appropriation, and including effective date and 2 retroactive applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5248XC (2) 86 rh/nh
S.F. _____ DIVISION I 1 EARLY CHILDHOOD IOWA INITIATIVE 2 Section 1. Section 135.106, subsection 4, Code 2016, is 3 amended to read as follows: 4 4. It is the intent of the general assembly that priority 5 for home visitation family support funding be given to 6 approaches using evidence-based or promising models for home 7 visitation family support . 8 Sec. 2. Section 256I.3, subsection 2, paragraph b, Code 9 2016, is amended to read as follows: 10 b. The governor’s appointees shall be selected from 11 individuals nominated by area boards. The nominations shall 12 reflect the range of interests represented on the area boards 13 so that the governor is able to appoint one or more members 14 each for early care, education, health, human services, 15 business, faith, and public interests. At least one of the 16 citizen members shall be a service consumer or the parent of a 17 service consumer. The term of office of the citizen members 18 is three years. A citizen member vacancy on the board shall be 19 filled in the same manner as the original appointment for the 20 balance of the unexpired term. 21 Sec. 3. Section 256I.4, subsection 8, Code 2016, is amended 22 to read as follows: 23 8. Develop and implement a levels of excellence rating 24 system for use with the state board’s designation process for 25 area boards. Allow for flexibility and creativity of area 26 boards in implementing area board responsibilities and provide 27 authority for the area boards to support the communities in the 28 areas served. The levels of excellence rating system shall 29 utilize a tiered approach for recognizing the performance of 30 an area board. The system shall provide for action to address 31 poor performing areas as well as higher performing areas. 32 Subject to the funding requirements and other requirements 33 established in law, if an area board achieves the highest 34 rating level, the state board may allow special flexibility 35 -1- LSB 5248XC (2) 86 rh/nh 1/ 12
S.F. _____ provisions in regard to the funding appropriated or allocated 1 for that area board. The state board shall determine how often 2 area boards are reviewed under the system. 3 Sec. 4. Section 256I.7, subsection 1, paragraph a, Code 4 2016, is amended to read as follows: 5 a. The early childhood Iowa functions for an area shall be 6 performed under the authority of an early childhood Iowa area 7 board. The members of an area board shall be elected officials 8 or members of the public who are not employed by a provider of 9 services to or for the area board. In addition, the membership 10 of an area board shall include representation from early 11 care, education, health, human services, business, and faith 12 interests, and at least one parent, grandparent, or guardian of 13 a child from zero through age five. However, not more than one 14 member shall represent the same entity or interest. 15 Sec. 5. Section 256I.8, subsection 1, paragraph c, Code 16 2016, is amended to read as follows: 17 c. Develop a comprehensive community plan for providing 18 services for children from zero through age five. At a 19 minimum, the plan shall do all of the following: 20 (1) Describe community and area needs for children from zero 21 through age five as identified through ongoing assessments. 22 (2) Describe the current and desired levels of community 23 and area coordination of services for children from zero 24 through age five, including the involvement and specific 25 responsibilities of all related organizations and entities 26 collaborative relationships between community providers . 27 (3) Identify all federal, state, local, and private funding 28 sources including funding estimates available in the early 29 childhood Iowa area that will be used to provide services to 30 children from zero through age five. 31 (4) Describe how funding sources will be used 32 collaboratively and the degree to which the sources can 33 be combined to provide necessary services to support young 34 children and their families. 35 -2- LSB 5248XC (2) 86 rh/nh 2/ 12
S.F. _____ (5) Identify the desired results and the community-wide 1 indicators the area board expects to address through 2 implementation of the comprehensive community plan. The plan 3 shall identify community-specific, quantifiable performance 4 measures to be reported in the area board’s annual report and 5 integration with the strategic plan adopted by the state board. 6 (6) Describe the current status of support services to 7 prevent the spread of infectious diseases, prevent child 8 injuries, develop health emergency protocols, help with 9 medication, and care for children with special health needs 10 that are being provided to child care facilities registered or 11 licensed under chapter 237A within the early childhood Iowa 12 area. 13 Sec. 6. Section 256I.9, subsection 3, paragraphs b and d, 14 Code 2016, are amended to read as follows: 15 b. (1) Family support services and parent education 16 programs promoted to parents of children from zero through 17 age five. Family support services shall include but are not 18 limited to home visitation and parent education . Of the state 19 funding that an area board designates for family support 20 programs, at least sixty percent shall be committed to programs 21 with a home visitation component. 22 (2) It is the intent of the general assembly that priority 23 for home visitation family support program funding be given 24 to programs using evidence-based or promising models for home 25 visitation family support . 26 d. Services to improve the quality and availability of 27 all types of child care. The services may include but are 28 not limited to making nurse consultants available to support 29 quality improvement. 30 Sec. 7. Section 256I.9, subsection 4, paragraphs a, b, and 31 c, Code 2016, are amended to read as follows: 32 a. A school ready children grant shall be awarded to an 33 area board annually, as funding is available. Receipt of 34 continued funding is subject to submission of the required 35 -3- LSB 5248XC (2) 86 rh/nh 3/ 12
S.F. _____ annual report data and the state board’s determination that 1 the area board is measuring making progress , through the use 2 of specific, quantifiable performance measures and locally 3 developed community-wide indicators , developed by the state 4 board with input from area boards, progress toward and is 5 achieving the desired results and other results identified 6 in the community plan. Each area board shall participate in 7 the levels of excellence rating system designation process to 8 measure the area’s success. If the use of performance measures 9 and community-wide indicators does not show that an area board 10 has made progress toward achieving the results identified in 11 the community plan, the state board shall may require a plan of 12 corrective action, provide technical assistance, withhold any 13 increase 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 designation . The grant moneys shall be adjusted 19 for other federal and state grant moneys to be received by the 20 area for services to children from zero through age five. 21 c. An area board’s readiness designation shall be determined 22 by evidence of successful collaboration among public and 23 private early care, education, health, and human services 24 interests in the area or a documented program design that 25 supports a strong likelihood of a successful collaboration 26 between these interests. Other criteria which may be used by 27 the state board to determine readiness and funding amounts for 28 an area include one or more of the following: 29 (1) The levels of excellence rating received by the area. 30 (2) Evidence of the area’s capacity to successfully 31 implement the services in the area’s community plan. 32 (3) Local public and private funding and other resources 33 committed to implementation of the community plan. 34 (4) The adequacy of plans for commitment of local funding 35 -4- LSB 5248XC (2) 86 rh/nh 4/ 12
S.F. _____ and other resources for implementation of the community plan. 1 Sec. 8. Section 256I.10, subsection 3, Code 2016, is amended 2 by striking the subsection. 3 Sec. 9. Section 256I.11, subsection 3, Code 2016, is amended 4 to read as follows: 5 3. Unless a different amount is authorized by law, up to 6 three five percent of the school ready children grant moneys 7 distributed to an area board may be used by the area board for 8 administrative costs. 9 Sec. 10. Section 256I.11, subsection 4, paragraph b, Code 10 2016, is amended by striking the paragraph. 11 Sec. 11. Section 256I.13, Code 2016, is amended to read as 12 follows: 13 256I.13 Home visitation Family support program —— funding 14 intent. 15 1. In order to implement the legislative intent stated in 16 sections 135.106 and 256I.9 , that priority for home visitation 17 family support program funding be given to programs using 18 evidence-based or promising models for home visitation family 19 support , it is the intent of the general assembly to phase in 20 the funding priority as follows: 21 a. By July 1, 2013, twenty-five percent of state funds 22 expended for home visiting programs are for evidence-based or 23 promising program models. 24 b. By July 1, 2014, fifty percent of state funds expended 25 for home visiting programs are for evidence-based or promising 26 program models. 27 c. By July 1, 2015, seventy-five percent of state funds 28 expended for home visiting programs are for evidence-based or 29 promising program models. 30 d. By that by July 1, 2016, ninety percent of state 31 funds expended for home visiting family support programs 32 are shall be used for evidence-based or promising program 33 models. The remaining ten percent of funds may be used for 34 innovative program models that do not yet meet the definition 35 -5- LSB 5248XC (2) 86 rh/nh 5/ 12
S.F. _____ of evidence-based or promising programs. 1 2. For the purposes of this section , unless the context 2 otherwise requires or unless otherwise provided under federal 3 law: 4 a. “Evidence-based program” means a program that is based 5 on scientific evidence demonstrating that the program model 6 is effective. An evidence-based program shall be reviewed 7 on site and compared to program model standards by the model 8 developer or the developer’s designee at least every five years 9 to ensure that the program continues to maintain fidelity 10 with the program model. The program model shall have had 11 demonstrated significant and sustained positive outcomes in an 12 evaluation utilizing a well-designed and rigorous randomized 13 controlled research design or a quasi-experimental research 14 design, and the evaluation results shall have been published in 15 a peer-reviewed journal. 16 b. “Family support programs” includes group-based parent 17 education or home visiting programs that are designed to 18 strengthen protective factors, including parenting skills, 19 increasing parental knowledge of child development, and 20 increasing family functioning and problem solving skills. A 21 family support program may be used as an early intervention 22 strategy to improve birth outcomes, parental knowledge, family 23 economic success, the home learning environment, family and 24 child involvement with others, and coordination with other 25 community resources. A family support program may have a 26 specific focus on preventing child maltreatment or ensuring 27 children are safe, healthy, and ready to succeed in school. 28 c. “Promising program” means a program that meets all of the 29 following requirements: 30 (1) The program conforms to a clear, consistent family 31 support model that has been in existence for at least three 32 years. 33 (2) The program is grounded in relevant empirically based 34 knowledge. 35 -6- LSB 5248XC (2) 86 rh/nh 6/ 12
S.F. _____ (3) The program is linked to program-determined outcomes. 1 (4) The program is associated with a national or state 2 organization that either has comprehensive program standards 3 that ensure high-quality service delivery and continuous 4 program quality improvement or the program model has 5 demonstrated through the program’s benchmark outcomes that the 6 program has achieved significant positive outcomes equivalent 7 to those achieved by program models with published significant 8 and sustained results in a peer-reviewed journal. 9 (5) The program has been awarded the Iowa family support 10 credential and has been reviewed on site at least every five 11 years to ensure the program’s adherence to the Iowa family 12 support standards approved by the state board or a comparable 13 set of standards. The on-site review is completed by an 14 independent review team that is not associated with the program 15 or the organization administering the program. 16 3. a. The data reporting requirements adopted by the 17 state board pursuant to section 256I.4 for the family support 18 programs targeted to families expecting a child or with newborn 19 and infant children through age five and funded through the 20 state board shall require the programs to participate in a 21 state-administered internet-based data collection system. The 22 data reporting requirements shall be developed in a manner to 23 provide for compatibility with local data collection systems. 24 The state board’s annual report submitted each January to 25 the governor and general assembly under section 256I.4 shall 26 include family support program outcomes beginning with the 27 January 2015 report . 28 b. The data on families served that is collected by the 29 family support programs funded through the early childhood 30 Iowa initiative shall include but is not limited to basic 31 demographic information, services received, funding utilized, 32 and program outcomes for the children and families served. The 33 state board shall adopt performance benchmarks for the family 34 support programs and shall revise the Iowa family support 35 -7- LSB 5248XC (2) 86 rh/nh 7/ 12
S.F. _____ credential to incorporate the performance benchmarks on or 1 before January 1, 2014. 2 c. The state board shall identify minimum competency 3 standards for the employees and supervisors of family support 4 programs funded through the early childhood Iowa initiative. 5 The state board shall submit recommendations concerning the 6 standards to the governor and general assembly on or before 7 January 1, 2014. 8 d. The state board shall adopt criminal and child abuse 9 record check requirements for the employees and supervisors of 10 family support programs funded through the early childhood Iowa 11 initiative. 12 e. The state board shall develop a plan to implement a 13 coordinated intake and referral process for publicly funded 14 family support programs in order to engage the families 15 expecting a child or with newborn and infant children through 16 age five in all communities in the state by July 1, 2015. 17 DIVISION II 18 APPROPRIATION —— 19 DEPARTMENT OF EDUCATION 20 Sec. 12. 2015 Iowa Acts, chapter 140, section 25, 21 subsections 9, 10, and 11, are amended by striking the 22 subsections and inserting in lieu thereof the following: 23 9. EARLY CHILDHOOD IOWA FUND 24 For deposit in the school ready children grants account of 25 the early childhood Iowa fund created in section 256I.11 for 26 general aid and for purposes of the school ready children grant 27 program created in section 256I.9: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 23,179,424 29 a. The early childhood Iowa office shall use no more than 30 5 percent of the moneys appropriated in this subsection to 31 provide for the early childhood Iowa state office, technical 32 assistance activities, and early childhood Iowa state board and 33 professional development activities for persons working with 34 early care, health, and education. 35 -8- LSB 5248XC (2) 86 rh/nh 8/ 12
S.F. _____ b. Moneys appropriated in this subsection shall be used by 1 early childhood Iowa area boards for programs and efforts to 2 improve the quality of early care, health, and education for 3 children zero through age five. Services that shall receive 4 support include all of the following: 5 (1) Preschool support services provided on a voluntary 6 basis to children deemed at risk. 7 (2) Family support services and parent education programs 8 promoted to parents of children zero through age five. 9 (3) Other services to support the community plan developed 10 by the area boards. 11 (4) Services to improve the quality and availability of all 12 types of child care. 13 Sec. 13. EFFECTIVE UPON ENACTMENT. This division of this 14 Act, being deemed of immediate importance, takes effect upon 15 enactment. 16 Sec. 14. RETROACTIVE APPLICABILITY. This division of this 17 Act applies retroactively to July 1, 2015. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 This bill relates to the early childhood Iowa initiative. 22 The early childhood Iowa (ECI) initiative was created 23 to empower individuals, communities, and the state to work 24 together to improve the efficiency and effectiveness of 25 early care, education, health, and human services systems 26 provided to families with children from zero through age five. 27 The ECI state board, ECI area boards, and other state and 28 local government agencies provide support, leadership, and 29 facilitation of the growth of individual, community, and state 30 responsibility in addressing the desired results for improving 31 the quality of life in this state for young children and their 32 families. 33 Division I of the bill eliminates the requirement that the 34 governor’s citizen member appointees to the state board be 35 -9- LSB 5248XC (2) 86 rh/nh 9/ 12
S.F. _____ selected from individuals nominated by ECI area boards and 1 removes references relating to a levels of excellence rating 2 system to be used in the state board’s designation process for 3 area boards. 4 The division eliminates the requirement that the composition 5 of an ECI area board include representation from early care 6 interests. “Early care” means the programs, services, support, 7 or other assistance made available to a parent or other person 8 who is involved with addressing the health and education 9 needs of a child from zero through age five. The bill also 10 makes changes to the duties of an ECI board relating to the 11 development of a comprehensive community plan for children from 12 zero through age five. 13 The division amends provisions relating to the school 14 ready children grant program. The division eliminates the 15 requirement that at least 60 percent of state funding that 16 an area board designates for family support programs must be 17 committed to programs with a home visitation component and also 18 eliminates the option that child care services funded by a 19 school ready children grant may include nurse consultants. 20 The division provides that once an ECI area board receives a 21 school ready children grant, receipt of continued funding by 22 the ECI area board is subject to submission of the required 23 annual report and the ECI state board’s determination that 24 the ECI area board is making progress, through the use of 25 specific, quantifiable performance measures and locally 26 developed community-wide indicators, toward achieving the 27 desired results and other results identified in the community 28 plan. Each ECI area board is required to participate in the 29 designation process established by the ECI state board to 30 measure the ECI area’s success. If the use of performance 31 measures and community-wide indicators does not show that an 32 ECI area board has made progress toward achieving the results 33 identified in the community plan, the state board may require a 34 corrective action plan, provide technical assistance, withhold 35 -10- LSB 5248XC (2) 86 rh/nh 10/ 12
S.F. _____ any increase in funding, or withdraw grant funding. 1 The division eliminates the requirement that grant moneys 2 be adjusted for other federal and state grant moneys to be 3 received by the area for services to children from zero through 4 age five. 5 The division provides that an ECI area board’s designation 6 shall be determined by evidence of successful collaboration 7 among public and private early care, education, health, and 8 human services interests in the area or a documented program 9 design that supports a strong likelihood of a successful 10 collaboration between these interests. 11 The division eliminates the requirement that the department 12 of management provide information to the ECI state board 13 regarding the extent and frequency of usage of the ECI internet 14 site or sites and that such information be included in the 15 board’s annual report. 16 The division increases the amount of school ready children 17 grant moneys that may be used by an ECI area board for 18 administrative costs from 3 percent to 5 percent. 19 The division eliminates the maximum funding amount an ECI 20 area is eligible to receive from the ECI programs grant account 21 for a fiscal year, determined by applying the area’s percentage 22 of the state’s average monthly family investment program 23 population in the preceding fiscal year to the total amount 24 credited to the account for the fiscal year. 25 References to “home visitation program” in Code chapter 256I 26 are replaced with references to “family support program”, and a 27 conforming Code change is made in Code section 135.106 (healthy 28 families programs). The division provides that it is the 29 intent of the legislature to give priority to family support 30 program funding using evidence-based or promising program 31 models, and in order to implement this legislative intent, the 32 division provides that, by July 1, 2016, 90 percent of state 33 funds expended for family support programs shall be used for 34 evidence-based or promising program models. 35 -11- LSB 5248XC (2) 86 rh/nh 11/ 12
S.F. _____ Division II of the bill amends language in appropriations 1 made from the general fund of the state to the department 2 of education for deposit in the school ready children grants 3 account of the early childhood Iowa fund for FY 2016-2017. The 4 division takes effect upon enactment and applies retroactively 5 to July 1, 2015. 6 -12- LSB 5248XC (2) 86 rh/nh 12/ 12