COMMITTEE SUBSTITUTE
FOR
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 452
(By Senators Plymale, Prezioso, Edgell, White, Chafin, Jenkins,
Unger, McCabe, Foster, Kessler and Hunter)
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[Originating in the Committee on Government Organization;
reported February 22, 2007.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §18-31-1, §18-31-2,
§18-31-3, §18-31-4, §18-31-5, §18-31-6 and §18-31-7, all
relating to the West Virginia Kids First Act; legislative
findings; creating West Virginia Kids First for the purpose of
improving the quality and accountability of early childhood
development; creating a board to govern West Virginia Kids
First; setting forth powers of the board effective only upon
the effective date of required legislative rules; setting
forth duties of the board; limiting the board's authority for
programs of the West Virginia Department of Education; requiring that the department be consulted about any education
component of programs for children zero to three; limiting
implementation of West Virginia Kids First; and providing for
the sunset of the board.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §18-31-1, §18-31-2,
§18-31-3, §18-31-4, §18-31-5, §18-31-6 and §18-31-7, all to read as
follows:
ARTICLE 31. WEST VIRGINIA KIDS FIRST.
§18-31-1. Title.
This article shall be known and may be cited as West Virginia
Kids First Act.
§18-31-2. Legislative findings; and definition.
(a) The Legislature finds that:
(1) According to the two thousand census, West Virginia has
the lowest median family income of any state in the nation;
(2) Decades of brain research indicates that the most
important time to educate children, especially children from
low-income families, is during their early years;
(3) A number of studies confirm the importance of giving all
young children, especially those at risk, the best possible start
in life;
(4) Three studies that show significant long-term benefits to children and society include the Perry Preschool Program, the
Abecedarian Project and the Chicago Child-Parent Centers. These
studies indicate that when at-risk children participate in
high-quality early education programs, the benefits are:
(A) Higher IQ's;
(B) Less grade retention;
(C) Fewer special education needs;
(D) Lower crime rates;
(E) Higher income levels;
(F) Higher education attainment; and
(G) Lower costs for education, public assistance and
incarceration and greater economic productivity;
(5) A study conducted by the Marshall University Center for
Business and Economic Research (CBER) found an estimated five
dollars twenty cents return for every one dollar West Virginia
invests in good early childhood education programs; and
(6) Therefore, quality early childhood education improves not
only the welfare of each individual child, but also the future
health and prosperity of the entire state.
(b) "Board" means the West Virginia Kids First Board.
(c) "Early Childhood Development System" means the range of
programs in which a child zero to eight spends regular time with
other children in the care of adults other than the child's
parents.
§18-31-3. West Virginia Kids First.
(a) A program entitled West Virginia Kids First is created to
enhance and build on the successes of the currently emerging system
for the purpose of improving the quality and accountability of
early childhood development for children zero to eight in West
Virginia.
(b) West Virginia Kids First shall be governed by a West
Virginia Kids First Board consisting of fifteen members appointed
by the Governor, by and with the advice and consent of the Senate,
as follows:
(1) The Governor, or his or her designee, who shall serve as
chair;
(2) The Secretary of the Department of Health and Human
Resources, or his or her designee;
(3) The State Superintendent of Schools, or his or her
designee;
(4) The Chancellor for Higher Education, or his or her
designee;
(5) The Chancellor of Community and Technical College
Education, or his or her designee;
(6) The West Virginia Head Start State Collaboration Director;
(7) The Secretary of Commerce, or his or her designee;
(8) A former member of the West Virginia Legislature with an
appropriate level of knowledge about early childhood development;
(9) A representative of a nationally accredited early
childhood development program operating in West Virginia;
(10) A person experienced in business management, finance and
economic development;
(11) A representative of a not for profit organization with
expertise in early childhood development policy;
(12) A person with expertise in the area of early childhood
development, who may be a nonresident of the state;
(13) A member of the Partners Implementing an Early Care and
Education System (PIECES) Advisory Council who is not an employee
of the state; and
(14) Two lay citizens.
(c) No more than four of the appointed members may be members
of the same political party. No more than three appointed members
may be from the same congressional district. Appointed members
shall serve for a term of four years and are eligible for
reappointment.
(d) Members of the board are not entitled to compensation for
their services, but shall be reimbursed for all necessary expenses
actually incurred in connection with the performance of their
duties as members.
(e) Seven of the members of the board constitute a quorum and
the affirmative vote of the majority of members present at a
meeting of the board shall be necessary and sufficient for any action taken by the board.
§18-31-4. Powers of the West Virginia Kids First Board.
Effective at the time of the effective date of the rules
required by section five of this article, the board has the powers
necessary or convenient to carry out the purposes and provisions of
this article, including, but not limited to, the power:
(1) To establish, organize, promote, manage and oversee the
activities of West Virginia Kids First;
(2) To enter into a memorandum of understanding with the West
Virginia Department of Education and the Department of Health and
Human Resources relating to how they will work collaboratively to
support West Virginia Kids First and its efforts to enhance the
system of early childhood development. Any memorandum of
understanding entered into pursuant to this subdivision shall be
reported to the Legislative Oversight Commission on Education
Accountability, created by article three-a, chapter twenty-nine-a
of this code, and the Legislative Oversight Commission on Health
and Human Resources Accountability, created by article twenty-nine-
e, chapter sixteen of this code, for their review;
(3) To invest 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 shall be made with the care, skill, prudence and
diligence under the circumstances then prevailing that as a prudent person acting in a like capacity and familiar with investment
matters would use in the conduct of an enterprise of a like
character and with like aims;
(4) To distribute funds through contracts, grants and other
necessary instruments for necessary goods and services;
(5) To employ necessary personnel, including a Director of
West Virginia Kids First, and to engage the services of private
persons for administrative and technical assistance in carrying out
the board's purposes;
(6) 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;
(7) To develop and recommend standards and methods for the
implementation of those standards that apply to all qualified
providers of early childhood development, are consistent with
existing federal regulations and state policies and procedures,
which govern early childhood development;
(8) To annually evaluate, monitor and ensure compliance with
West Virginia Kids First policies and procedures, including, but
not limited to, authority to withhold payment to providers;
(9) To develop and implement procedures to assess the
effectiveness of West Virginia Kids First programs, which includes, as funding permits, appropriate assessments of children, follow-up
of children on indicators of school success and assessments of
program quality;
(10) To assure provision of technical assistance from
individuals or entities with appropriate education and professional
experience relative to early childhood development; and
(11) To establish other policies, procedures and criteria
necessary to implement and administer the provisions of this
article.
§18-31-5. Duties of the West Virginia Kids First Board.
(a) The West Virginia Kids First Board shall:
(1) Review existing early childhood development programs;
(2) Ensure that the preparation of detailed financial plans
for implementing the program over a specified period of time is
completed;
(3) Suggest funding opportunities, which may include a
dedicated funding source;
(4) Develop a funding model that will ensure quality through
significant new investments and more efficient use of existing
federal and state funding;
(5) Consider a coordinated governance structure that includes
the Department of Education and the Department of Health and Human
Resources;
(6) Meet with the Partners Implementing an Early Care and Education System (PIECES) Advisory Council as needed to inform the
council of the issues that the board is considering and seek advice
from the council relating to those issues;
(7) On or before the first day of October, two thousand
seven, propose rules for legislative approval in accordance with
the provisions of article three-a, chapter twenty-nine-a of this
code to develop and implement a plan for West Virginia's early
childhood development system. In addition to submitting the rule
to the Legislative Oversight Commission on Education Accountability
as required by article three-a, chapter twenty-nine-a of this code,
the rule also shall be submitted to the Legislative Oversight
Commission on Health and Human Resources Accountability, created in
article twenty-nine-e, chapter sixteen of this code, for its
review. In developing this rule, the board shall consider the work
of and collaborate with policymakers, child advocates and business
leaders engaged in determining the status of West Virginia's early
childhood development system in comparison with the national gold
standard for more than one hundred early child development policies
entitled policy domain framework developed by the National Center
for Children and Families, Teachers College, Columbia University
and engaged in the process of identifying the policies that will
help West Virginia get the largest return on its investment in
early childhood development. Furthermore, in developing the rule,
the board also shall collaborate with the PIECES Advisory Council and may consider other generally accepted standards. The rule
shall address at least the following areas:
(A) Quality;
(B) Professional and workforce development;
(C) Informed families and informed public;
(D) Accountability and results orientation;
(E) Adequate early childhood education financing;
(F) Governance and coordination;
(G) Education in the early grades; and
(H) Health, oral health and mental health.
(b) Notwithstanding any other provision of this section to the
contrary:
(1) For the programs of the West Virginia Department of
Education, the board's authority is limited solely to integration
and coordination of those programs with other programs in the early
childhood development system; and
(2) The West Virginia Department of Education shall be
consulted about any education component of programs for children
zero to three.
§18-31-6. Limit on implementation of program.
No part of West Virginia Kids First may be implemented unless
and until the legislative rule required in
section
five of this
article is promulgated by the Legislature.
§18-31-7. Termination of board.
The
West Virginia Kids First Board
shall be terminated
pursuant to the provisions of article ten, chapter four of this
code on the first day of July, two thousand nine, unless sooner
terminated, continued or reestablished pursuant to the provisions
of such article.
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