SB 452 Text

Senate Bill No. 452
(By Senators Plymale, Prezioso, Edgell, White, Chafin, Jenkins, Unger, McCabe, Foster, Kessler and Hunter)
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[Introduced February 5, 2007; referred to the Committee on Education; then to the Committee on Government Organization; and then to the Committee on Finance.]
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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 and §18-31-6, 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 education; 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 those duties for programs of the West Virginia Department of Education; and limiting implementation of West Virginia Kids First.

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 and §18-31-6, 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 from greater economic productivity;
(5) A study conducted by the Marshall University Center for Business and Economic Research (CBER) found an estimated five dollars and 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 for the purpose of improving the quality and accountability of early childhood education 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 both ex-officio members and members appointed by the Governor by and with the advice and consent of the Senate.
(c) The ex-officio members of the board include:
(1) The Secretary of the Department of Health and Human Resources, or his or her designee;
(2) The State Superintendent, or his or her designee;
(3) The Chancellor for Higher Education, or his or her designee; and
(4) The Chancellor of Community and Technical College Education, or his or her designee.
(d) By and with the advice and consent of the Senate, the Governor shall appoint to the board:
(1) A former member of the West Virginia Legislature with an appropriate level of knowledge about early childhood development;
(2) A representative of a nationally accredited early childhood development program operating in West Virginia;
(3) A person experienced in business management, finance and economic development;
(4) A representative of a not for profit organization with expertise in early childhood development policy;
(5) Two lay citizens; and
(6) A person with expertise in the area of early childhood development, who may be a nonresident of the state.
(e) No more than four of the appointed members may be members of the same political party. No more than two appointed members may be from the same congressional district except that if the person appointed with the expertise in the area of early childhood development is a resident of this state, three of the appointed members may be from one of the three congressional districts. Appointed members shall serve for a term of four years, and are eligible for reappointment. Annually, the board shall elect one of the appointed members as chairperson.
(f) 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.
(g) Six members of the board constitutes 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:
(a) To establish, organize, promote, manage and oversee the activities of West Virginia Kids First;
(b) 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;
(c) To distribute funds through contracts, grants and other necessary instruments for necessary goods and services;
(d) 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;
(e) 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;
(f) To develop and implement 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, and are based on standards to be adopted by the board;
(g) 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;
(h) 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;
(i) To assure provision of technical assistance from individuals or entities with appropriate education and professional experience relative to early childhood development; and
(j) 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) 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 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. 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, for the programs of the West Virginia Department of Education, the board's duties are limited to integration and coordination of those programs with other programs in the early childhood development system.
§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.

NOTE: The purpose of this bill is to create a program entitled West Virginia Kids First for the purpose of improving the quality and accountability of early childhood education.

§18-31-1, §18-31-2, §18-31-3, §18-31-4, §18-31-5 and §18-31-6 are new; therefore, strike-throughs and underscoring have been omitted.

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