Senate Bill No. 695
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[Originating in the Committee on Education;

reported March 2, 1999.]
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A BILL to amend chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article thirty-three, relating to creating the West Virginia educare program; setting forth legislative findings and purpose; defining term; requiring appointment of the board; setting forth the powers of the board; requiring the board to promulgate legislative rules; and establishing severability of provisions.

Be it enacted by the Legislature of West Virginia:
That chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated article thirty-three, to read as follows:
ARTICLE 33. WEST VIRGINIA EDUCARE PROGRAM.
§18-33-1. Title.
This article shall be known and may be cited as the "West Virginia Educare Program".
§18-33-2. Legislative findings and purpose.
The Legislature finds that:
(a) Recent research on brain development in young children shows that early experiences lay the foundation for future social, emotional, physical and cognitive development;
(b) Public education, for the most part, does not focus on these early years;
(c) The West Virginia study commission on services for young children was created by the Legislature in the year one thousand nine hundred ninety-seven to study programs for children under the age of five; and
(d) It is the purpose of the West Virginia educare program, as recommended by the West Virginia study commission on services for young children, to improve preschool opportunities for children under the age of five.
§18-33-3. Definition.
"Board" means the board of the West Virginia educare program.
§18-33-4. Appointment of board of the West Virginia educare program; compensation; proceedings generally.
(a) There is created the board of the West Virginia educare program within the department of education and the arts.
(b) The board of the West Virginia educare program consists of seven members, and shall include the secretary of education and the arts, ex officio, or his or her designee, the secretary of health and human resources, ex officio, or his or her designee, the state superintendent of schools, ex officio, or his or her designee, and four members appointed by the governor from each of the following four categories:
(1) A local or regional director of head start which is operated by a community action program;
(2) A recognized college faculty member with expertise in early childhood education;
(3) A teacher in an existing early childhood program; and
(4) A citizen member with an interest in early childhood education.
(c) Appointed members shall serve a term of four years and may be reappointed at the expiration of their terms. In the event of a vacancy among appointed members, the governor shall appoint a person representing the same interests to fill the unexpired term. A person appointed to fill a vacancy shall be appointed only for the remainder of that term and shall be eligible for reappointment. Unless a vacancy occurs due to death, resignation or removal pursuant to subsection (e) of this section, an appointed member of the board shall continue to serve until a successor has been appointed and qualified as provided for in subsection (a) of this section. Of the initial appointments, the governor shall appoint one member to a one-year term, one member to a two-year term, one member to a three-year term, and one member to a four-year term. Thereafter, all terms shall be for four years.
(d) Appointed Mmembers of the board shall serve without compensation, but shall be reimbursed by the office of the secretary of education and the arts for expenses, including travel expenses, actually incurred by a member in the official conduct of the business of the board at the same rate as is paid the employees of the state.
(e) The secretary of education and the arts or his or her designee is the chairman and presiding officer of the board. A majority of the members of the board constitute a quorum for the transaction of the board's business.
(f) The members appointed by the governor may be removed by the governor for official misconduct, incompetence, neglect of duty or gross immorality, and then only in the manner prescribed by law for the removal by the governor of the state elective officers in accordance with section five, article six, chapter six of this code.
§18-33-5. Powers of the board.
In addition to the powers granted by any other provision of this article, the board has the powers necessary or convenient to carry out the purposes and provisions of this article and the powers delegated by any other law of the state or any executive order of the state including, but not limited to, the following express powers:
(a) To adopt and amend bylaws;
(b) To propose legislative rules for promulgation in accordance with the provisions of article three-a, chapter twenty- nine-a of this code to effectuate the purposes of this article: Provided, That the board shall not promulgate emergency rules;
(c) To invest any of its funds at the board's discretion, with the West Virginia investment management board in accordance with the provisions of article six, chapter twelve of this code. Any investments made under this article shall be made with the care, skill, prudence and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims. Fiduciaries shall diversify plan investments to the extent permitted by law so as to minimize the risk of large losses, unless under the circumstances it is clearly prudent not to do so;
(d) To execute contracts and other necessary instruments;
(e) To contract for necessary goods and services, to employ necessary personnel and to engage the services of private persons for administrative and technical assistance in carrying out the responsibilities of the educare program;
(f) To solicit and accept gifts, including bequests or other testamentary gifts made by will, trust or other disposition, grants, loans and other aids from any source or to participate in any other way in any federal, state or local governmental programs in carrying out the purposes of this article;
(g) To implement standards and establish certification standards that apply consistently to all providers; and
(f) To establish other policies, procedures and criteria necessary to implement and administer the provisions of this article.
§18-33-6. Board rules.
The board shall promulgate legislative rules pursuant to article three-a, chapter twenty-nine-a of this code. At a minimum, the rules shall:
(1) Require the formation of written collaborative agreements among different qualified programs to maximize existing resources. The agreement or agreements shall include audit of existing resources and programs, detail the operational issues and the role of existing service providers under the collaborative agreements;
(2) Devise programs so as to avoid duplication and disruptive competition with qualified existing programs and services;
(3) Require the maximum utilization of federal, local and private funding so as to complement state funding;
(4) Develop education, child, and family care programs at high standards of service and performance;
(5)Develop programs making full use of existing programs and services that meet relevant standards;
(6) Implement the most cost effective options that are consistent with the adopted standards;
(7) Approve any county's early childhood or educare plan prior to the authorization and receipt of funding; and
(8) Develop an implementation plan for the reasonable implementation of the provisions of the rule.
§18-33-7. Severability.
If any provision of this article or the application of the article shall for any reason be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not invalidate the remainder of the article, but shall be confined in its operation to the provision directly involved in the controversy in which such judgment shall have been rendered, and the applicability of the provision to other persons or circumstances shall not be affected.