SB2878 HD1

PART I

PURPOSE

SECTION 1. The legislature reaffirms its findings in Act 51, Session Laws of Hawaii 2004, that:

[A]lthough many responsibilities are laid upon education, ultimately education must do no less than advance the endowment of human culture itself, so that each succeeding generation finds itself further along the road towards peace, social justice, and environmental sustainability in a society guided by creativity, compassion, and curiosity.

The legislature finds that Hawaii's children, starting at birth, need support and guidance from parents, caregivers, and teachers to reach their full potential as citizens. As a report released in 2007 by the National Scientific Council on the Developing Child, The Science of Early Childhood Development, Closing the Gap Between What We Know and What We Do, so aptly states:

The future of any society depends on its ability to foster the health and well-being of the next generation. Stated simply, today's children will become tomorrow's citizens, workers, and parents. When we invest wisely in children and families, the next generation will pay that back through a lifetime of productivity and responsible citizenship. When we fail to provide our children with what they need to build a strong foundation for healthy and productive lives, we put our future prosperity and security at risk.

Yet, many of Hawaii's children lack the fundamental skills they should have when they enter kindergarten, a problem for which our state, let alone society as a whole, cannot afford a delayed response. From Neurons to Neighborhoods, a report developed by a committee of seventeen national experts in the fields of education, psychiatry, neuroscience, economics, and public policy, found that:

[S]triking disparities in what children know and can do are evident well before they enter kindergarten. These differences are strongly associated with social and economic circumstances, and they are predictive of subsequent academic performance.

Research has confirmed that a large gap exists between the academic abilities of high- and low-income children by age six: the latter "lag further behind in acquiring more sophisticated reading and math knowledge and skills such as recognizing words by sight or solving simple addition and subtraction problems" (National Child Care Association, 2002).

The gap can be closed by building an early learning system for Hawaii. Decades of research have determined that investments in high-quality early learning systems, grounded on the collective involvement of parents, caregivers, and teachers, produce significant, long-term benefits for all children. These benefits include improved school success, reduced dropout rates, reduced crime, and increased workforce preparedness and productivity.

Thirty-six states now offer some type of publicly-funded preschool program. Two states, Oklahoma and Georgia, have established preschool systems for all four-year-olds statewide, and New York, Florida, and Illinois are in the process of establishing similar systems.

Hawaii is now one of only a few states in the nation that lacks a state-sponsored early learning system, despite the fact that it was one of the leaders in providing universal access for kindergarten and providing in 2001 a definition for "school readiness," which acknowledged the joint responsibility of families, schools, and communities in preparing children for lifelong learning. The legislature also acknowledges the significant milestones achieved thus far in promoting young children’s development and school readiness through public and private efforts:

(1) Hawaii’s healthy start program provides home visiting support to 2,400 at-risk children each year, and head start and early head start programs currently serve over 3,000 low-income children;

(2) Publicly-funded subsidies make private child care and early learning programs more accessible to many other children in need;

(3) Local philanthropic educational organizations, such as Kamehameha Schools, operate and otherwise contribute to a full spectrum of early learning services for children from birth until the time they enter kindergarten; and

(4) The United States Department of Defense has developed a nationally-renowned quality child care system that incorporates measures of accountability and offers technical support, and is available to share its expertise with local communities.

However, the current landscape of Hawaii’s early learning services remains highly fragmented and lacks cohesiveness. Act 77, Session Laws of 1997, created a public-private partnership to build a coordinated system of early childhood care and education, but lacked sufficient authority, resources, and accountability to reach its intended goal.

The current array of services and expertise form the basis for further development and integration into an early learning system that better serves Hawaii’s young children and their families. The legislature finds that the state needs a comprehensive, cohesive, and sustainable early learning system that ensures a spectrum of quality early learning opportunities for young children from birth until the time they enter kindergarten. It is vital that the early learning system be widely accessible and provide high-quality education and services that are preschool content standards-based and require accountability, all the while maintaining sensitivity to family choice and cultural elements.

In 2006, the 23^rd legislature passed Act 259, establishing the early learning educational task force, a diverse group of public and private stakeholders given the mission to develop a five-year plan for an early learning system. This Act takes into consideration the findings and recommendations of the task force.

The purpose of this Act is to help Hawaii's children succeed upon entry into kindergarten by:

(1) Establishing an early learning system to be known as keiki first steps;

(2) Creating the early learning council to develop and administer the state's early learning system; and

(3) Establishing the three- and four-year-old program.

PART II

EARLY LEARNING SYSTEM

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

“Chapter

eARLY LEARNING SYSTEM

§ -1 Definitions. As used in this chapter, unless the context otherwise requires:

"At-risk children" means children who, because of their home and community environment, are subject to language, cultural, economic, and other disadvantages that cause them to be at risk for academic failure, including children:

(1) Who are eligible for special education services;

(2) Who are English as a second language learners;

(3) Who reside within a public school district, established under chapter 302A, that is in need of improvement based on the criteria of the federal No Child Left Behind Act of 2001 (Public Law 107-110), as amended; or

(4) Whose family income is no more than two hundred fifty per cent of the federal poverty level.

"Center-based" describes programs in which early childhood education and care services are provided in a facility, including private preschools, child care centers, and head start programs, licensed by the department of human services.

"Council" means the early learning council established pursuant to this chapter.

"Family child care program" means a program in which a child is cared for in a family child care home, as defined in section 502C-1.

"Family-child interaction learning program" means a program attended by both a child and at least one of the child's family members, that facilitates family-child interactive learning experiences for children and educates the family member or members about how to encourage their child's learning.

§ -2 Early learning system; keiki first steps. There is established an early learning system, to be known as keiki first steps, that shall ensure a spectrum of quality early learning opportunities for children throughout the state, from birth until the time they enter kindergarten, to be developed and administered by the early learning council to the extent permissible by law. The early learning system shall:

(1) Be voluntary and widely accessible;

(2) Be a comprehensive system in which:

(A) All existing programs and services, whether publicly- or privately-run, which consist of a variety of early learning approaches, service deliveries, and settings, including center-based programs, family child care programs, family-child interaction learning programs, home-based instruction programs, and home visiting services designed to promote early childhood development and early learning, are coordinated;

(B) Public and private resources are maximized; and

(3) Provide high-quality early childhood development and early learning experiences with standards-based content, curriculum, and accountability, and sufficient numbers of well-qualified educators and administrators who are fairly compensated and have access to continuing professional development;

(4) Offer opportunities for parent and community engagement and parent education and support; and

(5) Be sensitive to family choice and cultural diversity.

§ -3 Early learning council. (a) There is established an early learning council which shall be attached to the department of education for administrative purposes only, notwithstanding any other law to the contrary. To the extent permissible by law, the council shall develop a comprehensive, cohesive, and sustainable early learning system of voluntary educational programs and services to benefit all children throughout the state, from birth until the time they enter kindergarten. In developing the early learning system, the council shall, among other things:

(1) Establish policies and procedures governing its operations;

(2) Develop a plan, with goals and objectives, for the early learning system, including the development, execution, and monitoring of a phased implementation plan;

(3) Coordinate, improve, and expand upon existing programs and services for children from birth until the time they enter kindergarten;

(4) Establish policies and procedures governing the inclusion and establish additional programs and services;

(5) Develop incentives to enhance the quality of programs and services within the early learning system;

(6) Coordinate efforts to develop a highly-qualified, stable, and diverse workforce, including:

(A) Ensuring that more early childhood educators and administrators, existing or potential, have opportunities to receive early childhood education degrees, including offering higher education scholarships;

(B) Increasing the availability of early childhood education coursework, including distance learning courses and community-based early childhood education training;

(D) Providing consultation on the social-emotional development of children;

(E) Establishing a system for awarding appropriate credentials to educators and administrators, as incentives to improve the quality of programs and services, relevant to the various early learning approaches, service deliveries, and settings, such as for experience or coursework or degrees completed; and

(F) Providing substitute teacher allowances;

(7) Develop and implement methods of maximizing the involvement of parents, caregivers, and teachers in the early learning system;

(8) Develop an effective, comprehensive, and integrated system to provide training and technical support to programs and services within the early learning system, and developing standards of accountability within the early learning system to ensure that quality standards are met;

(9) Determine the appropriate proportion of state funds that should be distributed to programs and services across the early learning system, to ensure the most effective and efficient allocation of fiscal resources within the early learning system;

(10) Collect, interpret, and release data relating to early learning in the state; and

(11) Promote awareness of early learning opportunities to families and the general public.

(b) The council shall consist of the following members:

(1) The superintendent of education or the superintendent's designee;

(2) The director of human services or the director's designee;

(3) The director of health or the director's designee;

(4) The president of the University of Hawaii or the president's designee;

(5) Two representatives of center-based child care program providers;

(6) A representative of non-center-based child care program providers;

(7) A representative of philanthropic organizations that support early learning; and

(8) Two representatives of the Association of Mayors.

Except for the superintendent of education, directors of state departments, and the president of the University of Hawaii, or their designees, the members shall be appointed by the governor.

In addition, the council shall invite the director of the head start collaboration office, the chief executive officer of the Kamehameha Schools, and the executive director of the Hawaii Association of Independent Schools, or their designees, to serve as members of the council.

(d) The council shall select a chairperson by a majority vote of its members; provided that the chairperson shall be a representative from the private sector. A majority of the council shall constitute quorum to do business. The concurrence of a majority of all the members to which the council is entitled shall be necessary to make any action of the council valid.

(e) Except for the superintendent of education, directors of state departments, and the president of the University of Hawaii, or their designees, members of the council shall serve staggered terms as follows:

(1) Of the two representatives of center-based child care program provides, one shall serve a two-year term and the other shall serve a three-year term;

(2) The representative of non-center-based child care program providers shall serve a three-year term;

(3) The representative of philanthropic organizations that support early learning shall serve a two-year term; and

(4) Of the two representatives of the Association of Mayors, one shall serve a two-year term and the other shall serve a three-year term.

(f) The council may form workgroups and subcommittees, including with individuals who are not council members, to:

(1) Obtain resource information from early learning professionals and other individuals as deemed necessary by the council;

(2) Make recommendations to the council; and

(3) Perform other functions as deemed necessary by the council to fulfill its duties and responsibilities.

The workgroups and subcommittees shall be exempt from chapter 92.

(g) Members of the council shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties.

(h) The council shall appoint, exempt from chapter 76, an executive director who shall serve at the pleasure of the council and whose duties shall be set by the council. The executive director may also appoint other personnel, exempt from chapters 76 and 89, to work directly for the executive director.

(i) The council may contract with any state agencies to administer various components, programs, and services of the early learning system.

(j) The council may require reports as necessary in the form specified by the council, from state agencies and programs and services of the early learning system.

(k) The council shall submit to the legislature no later than twenty days prior to the convening of each regular session, a report regarding:

(1) Its progress; and

(2) The status of the early learning system in the state.

§ -4 Three- and four-year-old program; establishment. (a) There is established the three- and four-year-old program, as part of keiki first steps, to be developed by the council and administered by the department of human services. The program shall focus on the coordination, improvement, and expansion of existing programs and services, with priority to underserved or at-risk children.

(b) Grants; eligibility criteria. The department of human services may award grants to early learning programs and services that serve three- and four-year-old children and meet the criteria developed by the council pursuant to this section.

The council shall develop criteria for the awarding of grants by the department of human services for three- and four-year-old program services and programs. Eligible programs and services may be publicly- or privately-run, and consist of a variety of early learning approaches, service deliveries, and settings, including center-based programs, family child care programs, family-child interaction learning programs, home-based instruction programs, and home visiting services designed to promote early childhood development and early learning.

The criteria shall include the requirement that programs and services meet certain standards of quality, including:

(1) The implementation of evidence-based and culturally responsive models of service delivery;

(2) Minimum scheduling requirements, as follows:

(A) For center-based prekindergarten programs: providing services for a full school day and full school year;

(B) For family child care programs: providing services for three hours daily for a full school year;

(C) For family-child interaction learning programs operating in classroom-like settings: providing early learning activities at least twice a week for a full school year, and for a minimum of three hours each day; and

(D) For home-based instruction programs: providing early learning activities for no fewer than weeks within a school year;

(3) The use of evidence-based curricula and methods;

(4) Staff-to-child ratios and group size that meet or exceed nationally recommended standards;

(5) The employment of teachers and administrators who meet the qualifications required by the council;

(6) The incorporation of preschool content standards or other early learning guidelines;

(7) The implementation of health and developmental screenings for children;

(8) Opportunities for parent or family engagement and parent education and support; and

(9) Activities for monitoring and data collection to evaluate programs and services and inform best practices.

(1) May offer technical support to; and

(2) Shall be responsible for monitoring to ensure accountability,

programs and services within the three- and four-year-old program, using the system developed by the council.

§ -5 Keiki first steps trust fund. There is established within the state treasury a trust fund to be known as the keiki first steps trust fund, to be administered by the department of education. All moneys received by the council in the form of fees, fines, grants, donations, or revenues regardless of their source, and earnings on moneys in the fund, shall be deposited into the fund. Moneys in the fund shall be used for the expenses of the council and early learning system."

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2008-2009 to support the early learning system and operations of the early learning council, including:

(1) The establishment of one full-time equivalent (1.00 FTE) permanent position for the executive director of the early learning council and full-time equivalent ( FTE) permanent support positions;

(2) Supplies; and

(3) Travel expenses.

The sum appropriated shall be expended by the early learning council for the purposes of this part.

SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2008-2009 for the three- and four-year-old program.

The sum appropriated shall be expended by the department of human services for the purposes of this part.

PART III

SECTION 5. Section 302A-410, Hawaii Revised Statutes, is repealed.

["~~§302A-410 Quality early education plan.~~ ~~(a) The department plan for quality early education shall focus on children from ages four up to six years.~~

(b) The board shall adopt standards and criteria for quality early education based on current national standards and the needs of Hawaii's children. The standards and criteria shall provide the basis upon which the early education plan shall be developed.

(c) The department of education shall work cooperatively with the department of human services, the department of health, college level education programs, early education organizations, parents of young children, and other appropriate organizations, in developing a quality early education plan. The plan shall include but not be limited to the following:

~~(1)~~ ~~Standards for curriculum, activities, facilities, and teacher training for early childhood education;~~

~~(2)~~ ~~Methods and materials designed to involve and educate parents and guardians in the education and development of their young children;~~

~~(3)~~ ~~A timetable and implementation schedule, approved by the board, to be submitted to the governor and the legislature;~~

~~(4)~~ ~~Costs for delivery of early childhood services, including how costs can be shared between the public and private sectors; and~~

~~(5)~~ ~~Assessment of training and certification capacity of teachers, including assurances by teacher training institutions to recruit and graduate qualified staff for early childhood education.~~

(d) Early education shall be delivered through private providers to the maximum extent possible, and provision shall be made to enable parents and guardians to opt for home care if they so choose by providing early childhood education resources in each school for in-home use.

(e) Beginning with the 1997-1998 school year, this section shall be interpreted as though the term "certification" read "licensing", as the term is used in part III, subpart D, and as circumstances require."]

PART IV

EARLY LEARNING FACILITIES

SECTION 6. Chapter 346, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§346- Early childhood education facilities; pre-plus. (a) There is established the pre-plus program within the department to expand access to affordable and quality early childhood education for three- to four-year-old children from low-income families, by allowing preschool programs to be set up on public school campuses through public-private partnerships. The department and the department of education shall work collaboratively to develop suitable pre-plus classrooms on department of education campuses statewide, including conversion charter school campuses, for programs in the early learning system established by chapter , serving children between birth until the time they enter kindergarten.

(b) The department, with the department of education, shall coordinate site selection for public school sites, with priority given to public school sites that serve at-risk children as defined in section -1."

SECTION 7. Section 302A-1506.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§302A-1506.5[]] Early childhood education facilities; identifying sites. (a) The department of education shall identify unused public school facilities for use by early childhood education programs. Suitable empty classrooms, as determined by the department, shall be inventoried for potential use in early childhood education programs. Priority shall be given to facilities on sites with sufficient space for three or more classrooms to be renovated or constructed.

(b) The department shall assist in the identification of possible construction sites for private providers to build early childhood education facilities.

(c) The department shall submit an annual report to the legislature no later than twenty days prior to the convening of each regular session on:

(1) The number of classrooms that would be suitable for programs in the early learning system established by chapter ; and

(2) The cost of renovating these classrooms to meet the standards of programs in the early learning system."

PART V

MISCELLANEOUS

SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 9. This Act shall take effect on July 1, 2020.

THE SENATE	S.B. NO.	2878
TWENTY-FOURTH LEGISLATURE, 2008		S.D. 2
STATE OF HAWAII		H.D. 1