SB728 eng

ENGROSSED
Senate Bill No. 728
(By Senators Craigo, Unger, Sharpe, Jackson, Chafin, Prezioso,
Plymale, Love, Helmick, Bowman, Anderson,
Edgell, Boley, Minear and Sprouse)
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[Originating in the Committee on Finance;
reported February 27, 2002.]
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A BILL to amend and reenact article twenty-six, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact section eighteen, article five, chapter eighteen of said code; and to further amend said article by adding thereto a new section, designated section forty-four, all relating to legislative findings; purposes; definitions; governor's cabinet on children and families; powers and duties of the cabinet; children-, youth- and family- related executive budget recommendations; children's fund; joint commission on children, youth and families; membership of commission; state wide masterplan for children, youth and families; interagency coordinated implementation plans; local coordinating councils; sunset provision; kindergarten programs; and early childhood education programs.

Be it enacted by the Legislature of West Virginia:

That article twenty-six, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; that section eighteen, article five, chapter eighteen of said code be amended and reenacted; and that said article be further amended by adding thereto a new section, designated section forty-four, all to read as follows:
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS, OFFICES, PROGRAMS, ETC.
ARTICLE 26. WEST VIRGINIA CHILDREN, YOUTH AND FAMILIES ACT.
§5-26-1. Legislative findings; statement of purpose.

(a) The Legislature finds that the early years of life are a critical developmental and educational stage in the total life cycle and declares that parents are the children's first teachers and have the primary responsibility for meeting the needs and addressing the development of their children. Therefore, social programs and services for children, youth and families shall be built upon respect for the integrity of the family and the belief in the strength and the ability of families to thrive and the ability of parents to nurture and provide for their children. However, families can experience severe crises which result in life-threatening situations to children or other family members or can have long-term negative impact on the child.

(b) It is in the best interests of children, youth and families to have access to crisis intervention and stabilization services, with the goal of providing for children's well-being in a permanent situation in the home environment or in the least restrictive setting as close to a home environment as possible.

(c) The Legislature intends to accomplish its goals relating to children, youth and families through a family-centered, comprehensive, community-based system that provides social services, programs and facilities for children, youth and families and is overseen by the highest levels of state government. This will require fundamental changes in the way state government responds to the needs of children, youth and their families.

(d) The Legislature hereby declares that one purpose of this article and the policy of the state is to achieve the coordination of programs and services to children, youth and families through a cabinet in the governor's office. The cabinet shall be independent from any state agency and act as an interagency cabinet. The Legislature intends that the cabinet nurture a flexible system that: (1) Provides for the comprehensive, unified, effective and efficient administration of programs and services to children, youth and families; (2) avoids fragmentation and duplication of programs and services; and (3) facilitates and promotes cooperation among state agencies, as well as regional, local and private service agencies.

(e) It is further the intent of the Legislature, through the cabinet, to emphasize preventive services to children, youth and families in order to avoid the human and financial costs to the state that results from individual and family instability and to benefit the state and society as a whole.

(f) The Legislature declares that participation in the programs authorized or required in this article shall be, as far as practicable, voluntary on the part of any child or family for whom the program is available unless participation is otherwise required under state or federal law or regulations. All outreach shall emphasize the positive nature of the programs. The service delivery system shall be seamless and driven by the needs and preferences of the child and family, shall reflect local community characteristics and resources, shall allow for local input and shall focus on prevention, education and early intervention. The service providers shall convey an attitude of support, compassion, understanding, friendliness and patience.

(g) The Legislature intends, by this article, to allow diversity and regional, cultural and ethnic sensitivity in the development of programs and services for children, youth and families. To the greatest extent possible, families are to be involved in all aspects of planning and delivery of services to that family and the community shall be involved in the service delivery system in that community. This is intended to foster strong family and community program ownership while maintaining clear parameters for program goals and purposes through the governor's cabinet on children and families.

(h) The Legislature further finds that there is a need for coordination of federal, state, local and private funds made available for helping children, youth and families and for holding providers of children, youth and families services accountable. Further, the Legislature finds that local coordinating councils for children, youth and families may be appropriate to coordinate cross-system efforts for improving the quality and efficiency of children, youth and family programs within the context of a statewide master plan. The Legislature intends that the additional coordination of funds and programs will result in both efficient and high quality programs for early care and education, child and family health care, public education, economic support for low- income families and safe and stable families.

(i) Additional findings of the Legislature on early care and education include the following:

(1) Recent research on brain development in young children shows that early experiences are important to future social, emotional, physical and cognitive development;

(2) Research shows a clear link between quality early care and education services and workforce recruitment and retention, high school completion, college-going rate and an educated and employable workforce;

(3) Investment in early care and education significantly reduces future costs of social programs, crime and remedial education;

(4) Research has established a clear and compelling connection between the quality of children's learning experiences and later success in school and in life;

(5) Children who receive high-quality early education are less likely to drop out of school, less likely to repeat grades, less likely to need special education and less likely to get into trouble with the law;

(6) On the average, children who participate in early childhood education are better prepared to start school and have higher grade point averages;

(7) As a result of welfare reform, more and more low-income families are required to enter the workforce when their children are young. An overwhelming number of those families need someone to care for their children while they work. For these families, safe, stable and affordable child care may make the difference between climbing out of poverty and falling deeper into it;

(8) The positive effects revealed in these studies have been calculated to yield a significant return on the initial investment. For every dollar invested in high-quality, comprehensive early care and education, society saves seven dollars and sixteen cents in welfare, special education and criminal justice costs; and

(9) Through this article, the Legislature intends to improve the quality of early care and education services, increase the accessibility of such services and create linkages to help families access services.
§5-26-2. Definitions.

(a) "Cabinet" means the governor's cabinet on children and families.

(b) "Early care and education" means the full range of services and programs used by families to educate and nurture their children from birth to kindergarten. These programs are funded and administered by a diverse range of public agencies and private providers.

(c) "Early childhood education" means programs for children who have attained the age of four prior to the first day of September of the school year in which the pupil enters the program established in section forty-four, article five, chapter eighteen of this code.

(d) "Executive director" means the executive director of the governor's cabinet on children and families.

(e) "Local service area" means a geographic area, as designated by the cabinet, in which all children, youth and family services are coordinated by a local coordinating council.

(f) "Partner agency" means any agency or department represented in the cabinet's membership and any other agency determined by the cabinet.
§5-26-3. Cabinet established.

(a) There is hereby continued the governor's cabinet on children and families, hereinafter referred to as the "cabinet".

(b) In addition to other administrative heads of government and private citizens, the cabinet shall include: (1) The secretary of the department of health and human resources; (2) the secretary of the department of military affairs and public safety; (3) the secretary of the department of administration or a designee; (4) the state superintendent of schools; (5) the attorney general; (6) one member of the Senate, to be appointed by the President of the Senate; and (7) one member of the House of Delegates, to be appointed by the Speaker of the House of Delegates. The legislative members shall serve in an advisory capacity only.

(d) The cabinet shall be chaired by the governor and shall convene at least quarterly. The cabinet shall establish bylaws which govern its decisionmaking.

(e) The governor may appoint an executive director to manage the cabinet's business. The executive director may hire and direct any additional staff necessary to carry out the duties and responsibilities of the cabinet .

§5-26-4. Powers and duties of cabinet generally.

It is the cabinet's primary duty to coordinate services and resources but not to become a provider of services. In addition to all other powers and duties assigned to the cabinet in this article and elsewhere by law, the cabinet shall have the power and the duty to:

(1) Analyze ways to best utilize the information and evaluations obtained through previously existing or ongoing programs for children, youth and families;

(2) Provide for the efficient coordination and administration of early care and education programs for families with young children including child care, head start, birth-to-three, public early childhood education programs, and other programs serving families with young children throughout the state;

(3) Provide for the efficient coordination and administration of publicly funded programs and services for all children, youth and families in other areas that the cabinet determines necessary;

(4) Promote the efficient and seamless service delivery of early prenatal care services for all pregnant women, comprehensive developmental screening and well-baby visits for all early childhood education children and primary and preventive health care and behavioral health services for all children;

(5) Assure the development of parenting education services and outreach efforts, promote awareness of child developmental stages, including the utilization of media and supportive activities for children and caregivers;

(6) Promote parental involvement in all areas of a child's education and development;

(7) Identify facilities and properties throughout the state that may be required or available for the effective and efficient provision of programs and services to children, youth and families, with an emphasis on utilizing available state facilities, such as public school facilities and facilities within the state system of higher education;

(8) Prepare a proposed budget for the operation of the cabinet to be recommended to the governor for inclusion in the executive budget to be submitted to the Legislature;

(9) Provide public information on services and programs available to children, youth and families;

(10) Address specifically the provision of programs and services to children, youth and families living in the rural areas of the state;

(11) Develop a performance based accountability system which includes the identification and regular reporting of performance measures for programs that serve children, youth and families. The performance based accountability system shall include, where applicable, federally defined standards, the regular monitoring and analysis of public expenditures for children, youth and families, the regular monitoring of key indicators of child and family well-being and annual reports and analysis of trends in expenditures and key indicators;

(12) Report annually to the Legislature and to such other units the cabinet considers appropriate on issues relating to children, youth and families;

(13) Negotiate written agreements and procedures between and among departments of state government and the cabinet which assure that children, youth and families are provided with health care, social services, appropriate education and vocational training and any other services to which they may be entitled under state and federal law;

(14) Develop and implement rules, regulations, standards and policies governing the internal operation and administration of the cabinet;

(15) Delegate any of the cabinet's powers, duties or functions as the cabinet may consider appropriate, expedient and effective;

(16) Solicit and accept proposals in furtherance of any program or service required by this article;

(17) Develop programmatic standards for early care and education programs;

(18) Develop and implement standards including, but not limited to, requiring early care and education services to be year- around, five days per week and ten hours per day, and requiring the services to be consistent with existing federal and state laws which govern early care and education services;

(19) Review any rules and regulations, including licensure requirements, to the extent that they impact on or create barriers to the provision of programs and services to children, youth and families;

(20) Develop and require the implementation of interdisciplinary and interagency standards for all children in the custody of the state, with the goal of providing for children's well-being in the home environment or the least restrictive setting;

(21) Solicit, accept and expend grants, gifts, bequests, donations and other funds made available to the cabinet: Provided, That all unrestricted grants, gifts, bequests and donations shall be deposited in the children's fund created pursuant to section six of this article;

(22) Establish or designate local service areas prior to the first day of January, two thousand three;

(23) For each local service area, establish a local coordinating council on children, youth and families, or designate an existing group to serve as the local coordinating council, which may be the governing board of the local family resource network: Provided, That no more than one local coordinating council may be designated as such for any given local service area and duplicative services and resources shall be realigned, reassigned or eliminated. The councils shall be established or designated prior to the first day of January, two thousand three;

(24) Support local coordinating councils in building community capacity and redesigning services in local communities in a manner consistent with the statewide master plan developed by the cabinet.

(25) For each local service area, conduct a needs assessment; survey existing programs; determine and report on gaps in service delivery; make recommendations on how to fill those gaps through realignment or reassignment of resources; and make recommendations for any necessary additional services or programs;

(26) Make recommendations for comprehensive programs for children birth through three using existing funding sources, as well as recommendations for any additional funding;

(27) By the first day of January, two thousand three, have in place in each local service area a functional "one-stop shop" capable of providing referrals to all necessary services for children, youth and families in that local service area;

(28) Provide or contract with any agencies or persons in this state and other states for any facilities, equipment or services necessary to achieve the purposes of this article ;

(29) Ensure, to the maximum extent feasible, the maximum use of federal, local and private funding so as to complement state funding;

(30) Review state laws and rules and report recommendations to the joint commission on children, youth and families on maximizing opportunities to blend funding and partner across programs to meet the goals outlined in the statewide master plan; and

(31) Exercise any and all other powers, including the adoption of an official seal and to charter public or quasi-public corporations, necessary for the discharge of the cabinet's duties and the implementation of the purposes of this article.

§5-26-5. Powers and duties relating to funding and budgetary needs for children and families.

(a) The executive director for the cabinet shall analyze the budgets of the departments of state government to the extent that they address or impact upon programs and services for children, youth and families, review budgetary needs and revenue sources, and make recommendations to the cabinet and the governor regarding the proposed budget and the redirection of resources prior to the first day of November of each year. Additionally, the executive director shall send copies of the recommendations to the chair of the Senate committee on finance and the chair of the House of Delegates committee on finance. The department of administration shall assist the executive director in analyzing the budgets of the departments of state government.

(b) In making such recommendations, the executive director shall:

(1) Compile and maintain information on federal, state, local and private funding, in areas directly benefitting children, youth and families;

(2) Determine if federal funding stream are currently maximized, and if not, how to access additional funding;

(3) Identify current sources of funding that could be redirected to support early care and education; and

(4) Estimate the cost of universal access to needed services for all families with children birth through kindergarten.

(c) Any legislation recommended by the cabinet to the joint commission on children, youth and families shall be accompanied by a proposal or plan for sufficient funding thereof. In exploring all aspects of funding possibilities, the cabinet shall analyze funding streams that support like or related services and propose the coordination or realignment of administrative structures to promote efficiency and maximize the use of multiple funding sources , consider innovative, flexible funding such as interagency funding, joint funding pools, cost allocation strategies that promote seamless service delivery, interagency reimbursement and funding by the families serviced based on ability to pay.

(d) Notwithstanding the provisions of section nineteen, article two, chapter five-a of this code or any other provision of law to the contrary, the cabinet shall have the ability to transfer funds among, between and within departments in accordance with rules for such purpose adopted by the cabinet notwithstanding the provisions of chapter twenty-nine-a of this code.

(e) The cabinet may develop fiscal incentives for the support of local coordinating councils on children, youth and families and for programs resulting in substantial cost savings, such as programs which avoid unnecessary out of home placement. Any savings resulting from the coordination of programs and services for children, youth and families shall be reinvested for expenditure in areas directly benefitting children, youth and families.
§5-26-6. Children's fund created; purpose.

(a) The cabinet shall establish a children's fund for the purpose of supporting programs and awarding grants, loans and loan guaranties for child abuse and neglect prevention activities and other activities that support and strengthen families. Gifts, bequests or donations for this purpose, in addition to appropriations to the fund, shall be deposited in the state treasury in a special revenue account that is independent from any executive or other department of government, other than the office of the governor.

(b) Each state taxpayer may voluntarily contribute a portion of the taxpayer's state income tax refund to the children's fund by so designating the contribution on the state personal income tax return form. The cabinet shall approve the wording of the designation on the income tax return form, which designation shall appear on tax forms. The tax commissioner shall determine by the first day of July of each year the total amount designated pursuant to this subsection and shall report that amount to the state treasurer, who shall credit that amount to the children's fund.

(c) All interest accruing from investment of moneys in the children's fund shall be credited to the fund. The legislative auditor shall conduct an audit of the fund before the first day of July, two thousand three, and at least every three fiscal years thereafter.

(d) Grants, loans and loan guaranties may be awarded from the children's fund by the cabinet for child abuse and neglect prevention activities.
§5-26-7. Legislative findings, purpose and intent; joint commission on children, youth and families created; reports.

(a) The Legislature hereby finds and declares:

(1) There are a multitude of programs and services in this state that are all intended to help children, youth and families, but these programs and services are provided or administered by different departments and agencies and there is insufficient coordination among or between these agencies or departments;

(2) Considerable budgetary resources of the state are dedicated to the worthwhile goal of helping children, youth and families, but there currently exists no systematic or comprehensive method for determining exactly how much money is being spent on these various services and programs, who is being served, whether the programs are effective and whether there is unnecessary duplication of effort or avoidable gaps in service delivery;

(3) Active review and involvement by the Legislature can and often does serve as a catalyst in helping to solve longstanding and seemingly intractable problems of impasse, inertia and interagency competition; and

(4) The purpose of this section is to establish accountability and foster collaboration, cooperation and coordination among and between the various departments and agencies exercising jurisdiction over the many programs and services intended to help West Virginia's children, youth and families and, further, to eliminate duplication of effort and ineffective expenditures of human and fiscal resources.

(b) It is the intention of the Legislature that the commission created by this section shall review all programs that specifically serve children, youth and families in this state and that all actions taken pursuant to this section serve the following core principles:

(1) That all programs for children, youth and families offered under the state's authority be coordinated to maximize efficiency and minimize waste, duplication of effort and competition among the agencies;

(2) That the various agencies and departments of state government whose programs serve children, youth and families cooperate and communicate with each other in a manner that serves to further the stated purpose and intent of this section;

(3) That programmatic and policy changes contemplated by the various agencies and departments serving children, youth and families and that would impact the statewide master plan or the interagency coordinated implementation plan be communicated in advance of implementation to the commission created in this section;

(4) That programmatic or policy changes necessitated by federal mandate that would impact the statewide master plan or the interagency coordinated implementation plan be communicated to the commission created in this section; and

(5) That in developing or implementing programs that are funded, in whole or in part, by federal grants or private funds, the various agencies and departments communicate with the commission created in this section in advance about the possible need for future state funding.

(d) The commission shall include a total of twelve members, with six members from the Senate and six members from the House of Delegates. The president of the Senate shall appoint the commission's Senate members and designate a Senate co-chair and the speaker of the House of Delegates shall appoint the commission's members from the House of Delegates and designate a House cochair. The composition of these appointments shall be broadly representative of the membership of the following legislative committees: The two committees on finance, the two committees on education, the two committees on health and human resources, the two committees on the judiciary and the two committees on government organization.

(e) The commission shall represent the Legislature in assisting the governor in ensuring that the cabinet created by this article is performing its duties and responsibilities in accordance with this article.

(f) The commission shall report to and advise the legislative oversight commission on education accountability and the legislative oversight commission on health and human resources accountability on matters within their respective jurisdictions and shall report annually to the Legislature on its continuing study and review of the various programs and services for children, youth and families in West Virginia.
§5-26-8. Statewide master plan for children, youth and families.

(a) The cabinet shall develop a statewide master plan for children, youth and families. The statewide master plan shall be a multiyear comprehensive strategic plan that will address all major areas of publicly funded services for children, youth and families, and to the extent possible, privately funded services, and shall include sections relating to early care and education; health and nutrition; family economic security; and safe communities, safe schools, and stable families. In developing the statewide master plan, the cabinet shall confer and work cooperatively with applicable federal and state agencies and pursue any necessary waivers or other agreements as may be appropriate to assure that federal, state and local programs are delivered in a nonduplicative and cost-effective manner.

(b) The statewide master plan shall be initially focused upon, but is not limited to, creating a seamless service delivery system for early care and education by:

(1) Making early care and education programs more available and accessible by coordinating the department of education's early childhood education programs with head start, the department of health and human resources child care and birth to three programs and any other early care and education programs identified by the cabinet;

(2) Implementing any new administrative structures and financing strategies that the cabinet determines are necessary; and

(3) Improving the collaboration and coordination between early care and education programs and the state's system of public and higher education ;

(4) Promoting positive relationships and sharing of resources between public schools and their communities; and

(5) Conducting and supporting public awareness and parent education campaigns to focus attention on the developmental needs of children and the importance of early care and education.

(c) Additionally, when focusing on early care and education, the statewide master plan should address at least the following:

(1) Which children and families would be served and if any phase-in or prioritization would occur such as implementing the early childhood education program for four-year-olds first and then extending services to other age groups;

(2) Whether the service delivery system would provide services to all children or broaden access to services among those families based on income or other guidelines;

(3) How the service delivery system would meet the goals of enhancing school readiness and providing work supports for parents;

(4) How comprehensive services would be provided to those families in need of them;

(5) How the service delivery system should promote education objectives and what standards would be required of participating providers and staff;

(6) How early care and education programs will be funded, including federal, state and private sector commitments; and

(7) How the programs and child outcomes will be evaluated.

(d) The cabinet and the partner agencies shall make monthly progress reports to the joint commission on children, youth and families, established by section seven of this article , and quarterly progress reports to the joint finance committee on the progress of the initial statewide master plan. The initial statewide master plan shall be completed and shall be communicated to the joint commission on children, youth and families and the joint finance committee on or before the first day of January, two thousand three . Additionally, any revision of the statewide master plan shall be reported to the joint commission on children, youth and families and the joint finance committee prior to the first day of January of the year after the statewide master plan is revised.

(e) The statewide master plan shall include, but not be limited to, the following:

(1) A detailed description of the agency and individual accountable for the programs of each partner agency;

(2) A detailed description of the performance-based accountability method for holding each partner agency accountable;

(3) A detailed outline of how the statewide master plan will be used to meet the goals and objectives outlined in this article which may include local demonstrations, community block grants, and/or pilot projects within limited geographic regions of the state; and

(4) Specific strategies for involving and collaborating with the state board of education, the public and private institutions of higher education, the department of health and human resources, the department of military affairs and public safety, the West Virginia head start association, the children's health insurance agency, the bureau of employment programs, the state workforce investment program, the state development office , the division of public transit of the department of transportation and any other state agencies and nongovernmental providers that may be appropriate to assure that a comprehensive system of quality service delivery to children, youth and families is developed for West Virginia.

(f) The statewide master plan for children, youth and families for the state shall be established for periods of not less than two nor more than five years and shall be revised periodically as necessary.

(g) The statewide master plan for children, youth and families for the state shall, in addition to the other requirements of this section, include the implementation for the early childhood education program established pursuant to section forty-four, article five, chapter eighteen of this code.

(h) As part of the statewide master plan, the cabinet should assess all needs and resources for early childhood education in the state including:

(1) Who is served with head start, early childhood education programs and child care funding; and

(2) What supports are available to each type of program and where are the gaps in services across the state.

§5-26-9. Interagency coordinated implementation plans required; review process.

(a) On or before the first day of January, two thousand three, each partner agency shall prepare an interagency coordinated implementation plan for submission to the cabinet. During the development of the initial interagency coordinated implementation plan, the cabinet and each partner agency shall make monthly progress reports to the joint commission on children, youth and families, established by section seven of this article , and quarterly progress reports to the joint finance committee on the progress of each interagency coordinated implementation plan. Not later than the first day of August of each year thereafter, each partner agency shall update their interagency coordinated implementation plan and report the updated interagency coordinated implementation plan to the joint commission on children, youth and families. When the process provided for in this section is completed, this interagency coordinated implementation plan shall form the agreement between the partner agency and the cabinet and, ultimately, between the partner agency and the children and families of West Virginia on how the partner agencies will use their resources to address the intent of the Legislature, goals and seamless service delivery system set forth in the statewide master plan in section eight of this article.

(b) The interagency coordinated implementation plan shall contain the following:

(1) A complete listing of all programs serving children, youth and families offered, administered or supported by the agency, together with a detailed account of each program's level of funding and funding source;

(2) A detailed outline of how the interagency coordinated implementation plan is aligned with and will be implemented in conjunction with the statewide master plan;

(3) A step-by-step process on how the agency will collaborate or coordinate with the other partner agencies to accomplish the vision, goals and objectives set forth by the statewide master plan. The step-by-step process shall be delineated by objectives and shall set forth a time line for achieving the objectives;

(4) Benchmarks to be used in determining progress toward meeting the goals in the statewide master plan. The benchmarks shall meet the following criteria:

(A) They shall be as objective as possible;

(B) They shall be directly linked to the goals in the statewide master plan;

(D) Where applicable, they shall be used to measure progress in geographic areas of responsibility; and

(5) Such other items, requirements or initiatives required by the cabinet and designed to accomplish the intent of the Legislature and the goals set forth in this article or other public policy goals established by the cabinet.

(c) Each interagency coordinated implementation plan shall be updated annually and shall follow the general guidelines contained in this section.

(d) Development and updating of the interagency coordinated implementation plans is subject to the following:

(1) The ultimate responsibility for developing and updating the interagency coordinated implementation plans resides with the respective partner agencies;

(2) The ultimate responsibility for adopting the final version of the interagency coordinated implementation plans resides with the cabinet;

(3) The cabinet shall review the initial interagency coordinated implementation plans and the annual updates and shall either adopt the plans or return them with specific comments for change or improvement. The cabinet shall continue this process as long as it considers advisable; and

(4) The cabinet shall, as far as practicable, establish uniform processes and forms for the development and submission of the interagency coordinated implementation plans.

(e) The cabinet shall propose rules for legislative approval in accordance with the provisions of article three-a, chapter twenty-nine-a of this code establishing indicators to measure the degree to which the goals and objectives set forth in this article are being addressed and met. The benchmarks established in this section shall be measured by these indicators. The legislative rule shall include, but not be limited to, the following:

(1) The indicators to be used to measure the degree to which the goals and objectives are being met;

(2) Uniform definitions for the various data elements to be used in establishing the indicators;

(3) Guidelines for the collection and reporting of data; and

(4) Sufficient detail within the benchmarks and indicators to:

(A) Provide measurable evidence that the programs targeting the needs of children, youth and families of the state are or are not advancing the objectives of the interagency coordinated implementation plans and the statewide master plan;

(B) Delineate the goals and benchmarks for programs so that the cabinet can measure the degree to which progress is being made toward achieving the goals provided in the statewide master plan;

(C) Distinctly identify specific goals within the statewide master plan or interagency coordinated implementation plan of a partner agency that are not being met, or for which sufficient progress is not being made.
§5-26-10. Local coordinating councils.

Local coordinating councils established or designated by the cabinet shall:

(1) Support local governance structures for the coordination and delivery of like services and programs including early care and education programs in a manner consistent with the statewide master plan;

(2) Develop and submit to the cabinet a local coordinating implementation plan designating specific local goals related to the statewide master plan and strategies for achieving the goals;

(3) Submit specific performance measures related to the local coordinating implementation plan that will be monitored and regularly reported to the cabinet in order to assess local progress and hold local coordinating councils accountable for results;

(4) Broadly represent the primary stakeholders within the local community including service providers, public education, parents, youth, consumers and other community members; and

(5) Allow for the efficient delivery of programs and services on a local or regional basis so that programs and services are provided in or as close to the local community level as possible in accordance with guidelines established by the cabinet;
§5-26-11. Termination date.

Pursuant to the provisions of article ten, chapter four of this code, the cabinet shall continue to exist until the first day of July, two thousand five: Provided, That the cabinet shall prepare an annual progress report and shall present the report to the joint commission on children, youth and families. The report shall detail the cabinet's compliance with its purposes, duties and responsibilities as set forth in sections one and four of this article, together with proposed plans for future compliance and proposed programs for the following year.
CHAPTER 18. EDUCATION.

ARTICLE 5. COUNTY BOARD OF EDUCATION.

§18-5-18. Kindergarten programs.
(a) County boards shall provide ~~by the school year one thousand nine hundred eighty-three--eighty-four, and continue thereafter,~~ kindergarten programs for all children who ~~shall~~ have attained the age of five prior to the first day of September of the school year in which the pupil enters ~~such~~ the kindergarten program and may, pursuant to the provisions of section forty-four of this article, establish kindergarten programs or early childhood education programs designed for children below the age of five. ~~Provided,~~ ~~That beginning with the school year one thousand nine hundred ninety-six--ninety-seven, such~~ The programs for children who shall have attained the age of five shall be full-day everyday programs. ~~Provided, however,~~ That nothing contained herein shall prevent the state superintendent from granting an extension to those counties currently with building or renovation projects that will provide adequate space or counties having at least two percent net enrollment increase over the previous five years. The county board must apply with the supporting data to meet the criteria for which they are eligible on or before the twenty-fifth day of March for the following school year. The state superintendent shall grant or deny the requested waiver on or before the fifteenth day of April of that same year.
(b) Persons employed as kindergarten teachers, as distinguished from paraprofessional personnel, shall be required to hold a certificate valid for teaching at the assigned level as prescribed by regulations established by the state board. The state board shall establish and prescribe guidelines and criteria setting forth the minimum requirements for all paraprofessional personnel employed in kindergarten programs established pursuant to the provisions of this section and no such paraprofessional personnel shall be employed in any kindergarten program unless he meets such minimum requirements.

(c) The state board with the advice of the state superintendent ~~of free schools~~ shall establish and prescribe guidelines and criteria relating to the establishment, operation and successful completion of kindergarten programs in accordance with the other provisions of this section. Guidelines and criteria so established and prescribed also are ~~also~~ intended to serve for the establishment and operation of nonpublic kindergarten programs and shall be used for the evaluation and approval of such programs by the state superintendent, provided application for such evaluation and approval is made in writing ~~to the state board~~ by proper authorities in control of such programs. The state superintendent, ~~of free schools at intervals not to exceed two~~ annually, ~~years~~ shall publish a list of nonpublic kindergarten programs, including Montessori kindergartens that have been approved in accordance with the provisions of this section. ~~and a list of~~ Montessori kindergartens established and operated in accordance with usual and customary practices for the use of the Montessori method which have teachers who have training or experience, regardless of additional certification, in the use of the Montessori method of instruction for kindergartens shall be ~~deemed~~ considered to be approved. ~~to teach in such kindergartens using the Montessori method without additional certification.~~
(d) Pursuant to such guidelines and criteria, and only pursuant to such guidelines and criteria, the county boards may establish programs taking kindergarten to the homes of the children involved, using educational television, paraprofessional personnel in addition to and to supplement regularly certified teachers, mobile or permanent classrooms and other means developed to best carry kindergarten to the child in its home and enlist the aid and involvement of its parent or parents in presenting the program to the child; or may develop programs of a more formal kindergarten type, in existing school buildings, or both, as such county board may determine, taking into consideration the cost, the terrain, the existing available facilities, the distances each child may be required to travel, the time each child may be required to be away from home, the child's health, the involvement of parents and such other factors as each county board may find pertinent. Such determinations by any county board shall be final and conclusive.

Funds for implementing the kindergarten programs during the fiscal year one thousand nine hundred seventy-two, and thereafter, shall be allocated to counties from a special appropriation to the state department from the general revenue fund: ~~Provided,~~ That except for expenditures from the general revenue funds for regional kindergarten demonstration centers, in no event shall any state money from the general fund be expended under the provisions of this section unless federal funds are available for the purposes of this section.
Allocations to counties will be made on the basis of approved kindergarten programs. The state board shall establish criteria and standards necessary to guide counties in developing approvable kindergarten programs and shall determine funding levels of said programs on local operating costs.
An additional appropriation shall be made to the state department from the general revenue fund to establish and operate during the fiscal year one thousand nine hundred seventy-two, regional kindergarten demonstration centers in educational regions three, four, five, six and seven, and thereafter in regions one through seven. Said funds shall be allocated to said regions for establishing and operating regional demonstration centers in accordance with criteria and standards established by the state board. Said regional centers shall be established to provide exemplary and innovative kindergarten programs, to provide laboratory experiences for preservice and in-service education for professional personnel and staff development programs for training paraprofessional personnel, to establish organizational and administrative machinery designed to promote cooperation between and among all agencies involved in the education and development of young children and to promote cooperation between counties in providing high cost supervisory, developmental, research and evaluative services not currently available to individual counties.
§18-5-44. Early childhood education programs.

(a) For the purposes of this section, "early childhood education" means programs for children who have attained the age of four prior to the first day of September of the school year in which the pupil enters the program created in this section.

(b) Findings.

(1) Among other positive outcomes, early childhood education programs have been determined to:

(A) Improve overall readiness when children enter school;

(B) Decrease behavioral problems;

(D) Increase scores on achievement tests;

(E) Decrease the percentage of students repeating a grade; and

(F) Decrease the number of students placed in special education programs.

(2) Quality early childhood education programs improve school performance and low-quality early childhood education programs may have negative effects, especially for at-risk children.

(3) West Virginia has the lowest percentage of its adult population with a college degree and the educational level of parents is a strong indicator of how their children will perform in school;

(4) West Virginia currently ranks forty-fourth among the fifty states in the percentage of school children eligible for free and reduced lunches and this percentage is a strong indicator of how the children will perform in school;

(5) For the school year two thousand one - two thousand two, six thousand eight hundred fifty-three students less than five years of age were enrolled in the public schools, a number equal to approximately thirty-three percent of the number of five-year-old students enrolled in kindergarten;

(6) Projections indicate that total student enrollment in West Virginia will decline by as much as eighteen percent, or by approximately fifty thousand students, by the school year two thousand twelve - two thousand thirteen.

(7) In part, because of the dynamics of the state aid formula, county boards will continue to enroll four-year-old students to offset the declining enrollments;

(8) West Virginia has a comprehensive kindergarten program for five-year olds but the program was established in a manner that resulted in unequal implementation among the counties which helped create deficit financial situations for several county school boards;

(9) Expansion of current efforts to implement a comprehensive early childhood education program should avoid the problems encountered in kindergarten implementation;

(10) Because of the dynamics of the state aid formula, counties experiencing growth are at a disadvantage in implementing comprehensive early childhood education programs; and

(11) West Virginia citizens will benefit from the establishment of quality comprehensive early childhood education programs.

(c) Beginning no later than the school year two thousand twelve - two thousand thirteen, and continuing thereafter, county boards shall provide early childhood education programs for all children who have attained the age of four prior to the first day of September of the school year in which the pupil enters the early childhood education program.

(d) The program shall meet the following criteria:

(1) It shall be voluntary, except, upon enrollment, the provisions of section one, article eight of this chapter shall apply to an enrolled student; and

(2) It may be for fewer than five days per week and may be less than full day.

(e) Enrollment of students in head start, or in any other program approved by the state superintendent as provided in subsection (k) of this section, shall be counted toward satisfying the requirement of subsection (c) of this section.

(f) For the purposes of implementation financing, all counties are encouraged to make use of funds from existing sources, including:

(1) Federal funds provided under the Elementary and Secondary Education Act pursuant to 20 U.S.C. § 6301, et seq.;

(2) Federal funds provided for head start pursuant to 42 U.S.C. § 9831, et seq.;

(3) Federal funds for temporary assistance to needy families pursuant to 42 U.S.C. § 601, et seq.;

(4) Funds provided by the school building authority pursuant to article nine-d of this chapter;

(5) In the case of counties with declining enrollments, funds from the state aid formula above the amount indicated for the number of students actually enrolled in any school year; and

(6) Any other public or private funds.

(g) Prior to the school year beginning two thousand four, each county shall develop a plan for implementing the program required by this section. The plan shall include the following elements:

(1) An analysis of the demographics of the county related to early childhood education program implementation;

(2) An analysis of facility and personnel needs;

(3) Financial requirements for implementation and potential sources of funding to assist implementation;

(4) Details of how the county board will cooperate and collaborate with other early childhood education programs, including, but not limited to, head start, to maximize federal and other sources of revenue;

(5) Specific time lines for implementation; and

(6) Such other items as the state board by policy may require.

(h) Prior to the school year beginning two thousand four, a county board shall submit its plan to the governor's cabinet on children and families for approval. The cabinet shall approve the plan if the following conditions are met:

(1) The county has maximized the use of federal and other available funds for early childhood programs;

(2) The county has provided for the maximum implementation of head start programs and other public and private programs approved by the state superintendent pursuant to the terms of subsection (k) of this section; and

(3) The county has complied substantially with the mandates of the master plan, if any, required by section nine, article twenty-six, chapter five of this code.

If the cabinet finds that the county has not met one or more of the requirements of this subsection, but that the county has acted in good faith and the failure to comply was not the primary fault of the county board, then the cabinet shall approve the plan. Any denial by the cabinet may be appealed to the circuit court of the county in which the county board is located.

(i) Prior to the school year beginning two thousand four, the county board shall submit its plan for approval to the state board. The state board shall approve the plan if the county board has complied substantially with the requirements of subsection (g) of this section and has obtained the approval required in subsection (h) of this section.

(j) Every county board shall submit its plan for reapproval by the governor's cabinet on children and families and by the state board at least every two years after the initial approval of the plan and until full implementation of the early childhood education program in the county. As part of the submission, the county board shall provide a detailed statement of the progress made in implementing its plan. The standards and procedures provided for the original approval of the plan apply to any reapproval.

(k) No county board may increase the total number of students enrolled in an early childhood program for the year in which its plan is submitted for approval or reapproval until approval from the governor's cabinet on children and families and the state board has been granted.

(l) The state board annually may grant a county board a waiver for total or partial implementation if the state board finds that all of the following conditions exist:

(1) The county board is unable to comply either because:

(A) It does not have sufficient facilities available; or

(B) It does not and has not had available funds sufficient to implement the program;

(2) The county has not experienced a decline in enrollment at least equal to the total number of students to be enrolled; and

(3) Other agencies of government have not made sufficient funds or facilities available to assist in implementation.

Any county seeking a waiver must apply with the supporting data to meet the criteria for which they are eligible on or before the twenty-fifth day of March for the following school year. The state superintendent shall grant or deny the requested waiver on or before the fifteenth day of April of that same year.

(m) The provisions of subsections (b), (c) and (d), section eighteen, article five of this chapter relating to kindergarten shall apply to early childhood education programs in the same manner in which they apply to kindergarten programs.

(n) On or before the first day of December, two thousand four, and each year thereafter, the state board shall report to the legislative oversight commission on education accountability on the progress of implementation of this section.

(o) During or after the school year beginning in two thousand four, and except as may be required by federal law or regulation, no county shall enroll students who will be less than four years of age prior to the first day of September for the year they enter school.

(p) Neither the state board nor the state department may provide any funds to any county for the purpose of implementing this section unless the county board has a plan approved pursuant to subsections (h), (i) and (j) of this section.

(q) The state board shall promulgate a rule, in accordance with the provisions of article three-b, chapter twenty-nine-a of this code, for the purposes of implementing the provisions of this section. The state board shall consult with the governor's cabinet on children and families in the preparation of the rule.