Bill Text: HI HB719 | 2011 | Regular Session | Introduced

Hawaii House Bill 719 (Prior Session Legislation)

Introduced

Bill Title: Early Childhood Education

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-01-26 - (H) This measure has been deleted from the meeting scheduled on Thursday 01-27-11 9:00AM in conference room 329. [HB719 Detail]

Download: Hawaii-2011-HB719-Introduced.html

HOUSE OF REPRESENTATIVES	H.B. NO.	719
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO EARLY CHILDHOOD EDUCATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that Act 77, Session Laws of Hawaii 1997 (Act 77), was enacted in response to the demand for an agency that focused exclusively on the needs of young children. Act 77 authorized the State to contract with the nonprofit Good Beginnings Alliance and established the nonprofit corporation's public counterpart, the interdepartmental council. The public-private partnership created by Act 77 was charged with the responsibility to improve early childhood outcomes through the development of quality early childhood education and care and related family support services. As enacted, Act 77 was scheduled to be repealed on June 30, 2001.

In 2000, the joint legislative committee on early childhood education and care, established by House Concurrent Resolution No. 120, 1998, found that the components of a quality system of early childhood education and care were in place, and that the Good Beginnings Alliance was truly the link and focal point for policy development, disbursement of public funds, and implementation of early childhood community plans. The joint legislative committee recommended that, among other things, the legislature make the Good Beginnings Alliance a permanent coordinating structure that cuts across existing social service systems to coordinate early childhood services for families with young children.

Act 60, Session Laws of Hawaii 2000 (Act 60), amended Act 77 by expanding the representation of the Good Beginnings Alliance board of directors, expanding the membership of the interdepartmental council, and extending Act 77 to June 30, 2010.

While legislative measures were introduced to further delay the repeal of Act 77 beyond June 30, 2010, none were enacted. As a result, Act 77, as amended by Act 60, was repealed on June 30, 2010.

The American Recovery and Reinvestment Act of 2009 (ARRA), Pub. L. No. 111-5, made $100,000,000 in federal funding available to states to improve coordination and collaboration among early childhood education and care programs and services. The funding appropriated by ARRA was for one-time start-up grants to develop and implement the plans of the state advisory council.

Hawaii has been allocated $500,000 for its state advisory council. To be eligible for an applicable grant under ARRA, the governor was required to designate or establish a state advisory council. Acting pursuant to sections 26-41 and 29-13, Hawaii Revised Statutes, on April 12, 2010, the governor signed Executive Order No. 10-06, which:

(1) Established and continued the interdepartmental council as a temporary commission, with the same members, duties, and responsibilities as set forth in Act 77, as amended by Act 60;

(2) Established the Hawaii state advisory council as a temporary commission to provide advice and public input to the interdepartmental council;

(3) Provided that the Hawaii state advisory council shall consist of the members of the interdepartmental council and one member from an institution of higher education located in the State, one member from a local provider of early childhood education, one member from a head start provider agency located in the State, and the state director of the head start collaboration project;

(4) Set forth the duties and responsibilities of the Hawaii state advisory council; and

(5) Provided for the termination of the interdepartmental council and the Hawaii state advisory council upon the completion of their respective duties and responsibilities, but no later than the last day of the legislature's regular session of 2012 or beyond the period required to receive federal grants-in-aid, whichever occurs later.

The legislature finds that the public-private partnership created by Act 77, as amended by Act 60, is still needed to enhance, develop, and coordinate quality early childhood education and care services. The purpose of this Act is to legislatively reestablish the Good Beginnings Alliance and interdepartmental council as they existed before Act 77 was repealed on June 30, 2010, and to expand the membership of the interdepartmental council.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"CHAPTER

HAWAII EARLY EDUCATION AND CARE

§ -1 Hawaii early education and care; designation; duties. (a) Any state agency may contract with a private nonprofit corporation that has tax exempt status in accordance with section 501(c)(3) of the Internal Revenue Code of 1986, as amended, for the purposes of coordinating policy, disbursing public funds, and implementing community plans related to the provision of early childhood education and care services. The corporation, as a condition for receiving public funds, shall be subject to this chapter and be organized to:

(1) Develop policy recommendations concerning all aspects of a coordinated early childhood education and care system, including coordination strategies, resource development, and advocacy more particularly described in the good beginnings early childhood education and care master plan as developed under the auspices of the office of the governor;

(2) Provide the recommendations developed in accordance with paragraph (1) to the interdepartmental council established under section -4 and other appropriate agencies;

(3) Disburse public funds in the manner authorized by law; and

(4) Perform other duties as delineated in this chapter.

(b) No powers or duties assigned to the corporation within this chapter shall be construed to designate the corporation as a state agency or public entity.

§ -2 Board of directors; established; composition. (a) A corporation may qualify under section -1; provided that the board of directors of the corporation shall consist of not more than fourteen members, selected as follows:

(1) One member appointed by the interdepartmental council established under section -4 shall serve as an ex-officio voting member;

(2) One member shall represent each county of the State, except the county of Kalawao, to represent the various community councils established in a respective county under section -3;

(3) One member representing the general business community;

(4) One member representing the general philanthropic community;

(5) One member representing the early childhood education and care professional community;

(6) One member representing consumers of early childhood education and care services;

(7) One member representing the University of Hawaii;

(8) One member representing the American Academy of Pediatrics;

(9) One member representing the early intervention community;

(10) One member representing an early childhood resource and referral agency; and

(11) One member representing head start.

(b) The members of the board shall possess knowledge of the educational and developmental needs of young children as well as the support needs of their families.

(c) Vacated positions shall be filled in the same manner through which the member whose position has been vacated was appointed.

§ -3 Community councils. (a) The corporation shall oversee the establishment and implementation of not less than four community councils; provided that each county in the State, except the county of Kalawao, shall be represented by a community council. The community councils shall reflect the cultural make-up of the community and shall consist of representatives from groups or organizations that may be in a designated service delivery area, including but not limited to:

(1) Families;

(2) Organizations representing parents with young children;

(3) Public or private nonprofit health, human services, and education agencies; and

(4) Providers of early childhood education and care services, the business community, and local governments.

(b) Each community council shall be responsible for developing and implementing a community plan that includes:

(1) A description of incremental and collaborative community strategies to provide early childhood education and care services to children and families in a designated service delivery area; and

(2) A description of new local financial resources which can be used to enhance services in that community, outcomes to be achieved, and steps to ensure compliance with fiscal accountability requirements established by the corporation and the interdepartmental council.

(c) The community councils shall be given the maximum flexibility and discretion practicable in developing their community plans and shall submit their community plan to the corporation for review prior to the approval process required under section -5.

(d) No powers or duties assigned to the community councils by this chapter shall be construed to designate any community council as a state agency or public entity.

§ -4 Interdepartmental council. There shall be a temporary interdepartmental council convened by the office of the governor for the special purpose of assisting the corporation in the implementation of its duties as delineated in the good beginnings early childhood education and care master plan. The governor shall appoint:

(1) The superintendent of education;

(2) The director of human services;

(3) The director of health;

(4) The director of labor and industrial relations;

(5) The governor's special assistant for children and youth;

(6) The director of business, economic development, and tourism;

(7) One member from the general business community;

(8) One member from the general philanthropic community;

(9) One member from an institution of higher education located in the State;

(10) One member that is a local provider of early childhood education and development services;

(11) One member from a Head Start provider agency located in the State; and

(12) The state director of Head Start Collaboration,

to serve as members of the interdepartmental council. The governor's special assistant for children and youth shall serve as the presiding chairperson.

The appointments shall not be subject to section 26-34, and shall not be subject to senate confirmation.

§ -5 Approval of community plans; allocation of funding. (a) Subject to the availability of funds, the corporation and the interdepartmental council, in the spirit of a public and private partnership, shall jointly review and approve the community plan presented by a community council and determine funding levels for each community council. The interdepartmental council shall suggest the disbursement of public funds through the appropriate departments represented on the council.

(b) The corporation and the interdepartmental council shall jointly submit an annual report to the governor and the legislature, twenty days prior to the convening of each regular session, that describes the activities and accomplishments of the corporation and the interdepartmental council, fund balances and expenditures, and the purpose of the expenditures."

SECTION 3. This Act shall take effect upon its approval and shall be repealed on June 30, 2014.

INTRODUCED BY:	_____________________________

Report Title:

Early Childhood Education

Description:

Authorizes state agencies to contract with private nonprofit corporations to carry out certain tasks related to the provision of early childhood education and care services. Establishes requirements necessary for a corporation to receive public funds, including the composition of its board of directors. Establishes community councils and the interdepartmental council. Requires the corporation and interdepartmental council to jointly review and approve community plans and determine funding levels for each community council. Takes effect upon approval and sunsets on 6/30/14.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.