Early childhood education.

2018
STATE OF WYOMING
18LSO-0335
Numbered
1.3

SENATE FILE

NO.
SF0096

Early childhood education.

Sponsored by:
Senator(s) Rothfuss, Coe, Landen and Pappas and Representative(s) Bovee, Brown, Connolly, Kinner, Northrup, Paxton and Sommers

A BILL

for

AN ACT relating to early childhood education; providing that the department of education shall administer early childhood education services; transferring specified early childhood education programs and functions; mandating the governor make necessary transfers; requiring planning; requiring reports; transferring statutory authority regarding early childhood education programs; repealing an inapplicable provision; and providing for effective dates.

Be It Enacted by the Legislature of the State of Wyoming:

Section
1
.

(a)

On July 1, 2019
,
t
h
e

functions within the
department of family services,
department of health and department of workforce services that administer early childhood education programs are transferred to the department of education.
Early childhood education programs transferred to the department of education shall include

preschool services for children with developmental disabilities administered by the department of health, any early childhood ed
ucation grant
programs administered by the department of health, department of family services or department of workforce services and any department of health, department of family services or department of workforce service programs that coordinate the work
of
early childhood education programs in the state.

All positions, personnel,
appropriations,
property, equipment and authority in programs transferred to the department of education by this act are under the control of the department of education.

(b)

Notwithstanding any
conflicting provision of law
,
on July 1, 2019,
the governor shall transfer those
positions, personnel, appropriations, property and equipment
within the
department of family services,

department of health and the department of workforce services
to the department of education
as necessary to implement the provisions of this act. The governor shall report to the legislature not later than
July 31
, 2019 regarding
positions, personnel, appropriations, property and equipment

transferred
under this act
.

The department of education, department of health, department of family services and department of workforce services
shall work collaboratively to develop recommendations to the governor regarding which
positions, personnel, appropriations, property and equipment
shall be transferred to implement this act. The department of education shall report to the joint education interim committee regarding its recommendations no later than
November
1, 2018.

(c)

Additionally, no later than November 1, 2018, t
he department of education, department of health, department of family services and department of workforce services shall

report to the joint education
interim
committee
on:

(
i
) A
ny statutory amendments, rule and procedural amendments and other regulatory amendments necessary to
further implement the transfer of programs and functions as required by this act
;
and

(ii)

Any other issues or factors relevant to the transfer of programs and functions as required by this act.

(c)

The joint education interim committee shall consider the reports it receives under this section and
develop legislation it deems appropriate for consideration by the legislature in the 2019 general session.

(d)

The validity of any rule, regulation, contract, agreement or other obligation
relating to early childhood education
is not affected by this act.

Section 2
.

W.S. 9
‑
2
‑
102(a)
(intro)
, 14
‑
3
‑
204(a)(ix), 14
‑
3
‑
427(d)(v), 14
‑
6
‑
227(
d)(v), 21
‑
2
‑
202(a) by creating a new paragraph (xxxviii), 21
‑
2
‑
701(a)(
i
), 21
‑
2
‑
705(d) and 35
‑
1
‑
622(b) are amended to read:

9
‑
2
‑
102
.

Department of health; duties and responsibilities; state grants.

(a)

The department of health is the state mental health authority, the developmental disabilities authority and the substance abuse authority
, except that the department of health shall not be the state authority for the education of children with developmental disabilities before entering kindergarten
.

The department through its divisions has the following duties and responsibilities to:

14
‑
3
‑
204
.

Duties of local child protective agency.

(a)

The local child protective agency shall:

(ix)

Refer a child receiving department services who is under the age of six (6) years to the department of
health, division of

education's
developmental disabilities preschool program for educational and developmental screening and assessment; and

14
‑
3
‑
427
.

Predisposition studies and reports.

(d)

In addition to the persons listed in subsection (c) of this section, the court may appoint one (1) or more of the following persons to the multidisciplinary team:

(v)

If the
predispositional
study indicates a parent or child has special needs, an appropriate representative of the department of health's substance abuse, mental health or developmental disabilities division

or department of education's developmental disabilities
program
who has knowledge of the services available in the state's system of care that are pertinent to those identified needs;

14
‑
6
‑
227
.

Predisposition studies and reports.

(d)

In addition to the persons listed in subsection (c) of this section, the court may appoint one (1) or more of the following persons to the multidisciplinary team:

(v)

If the
predispositional
study indicates a parent or child has special needs, an appropriate representative of the department of health's substance abuse, mental health or developmental disabilities division

or department of education's developmental disabilities
program
who has knowledge of the services available in the
state's system of care that are pertinent to those identified needs;

21
‑
2
‑
202
.

Duties of the state superintendent.

(a)

In addition to any other duties assigned by law, the state superintendent shall:

(xxxviii)

Be the state authority
for
early childhood education programs
.
Th
e state superintendent
shall
:

(A)

Administer all state early childhood education programs;

(B)

To the extent permissible under federal law, administer early childhood education funding programs and coordinate early childhood education programs and funding with the goal of improving the quality of early childhood education in the state;

(C
)

Facilitate attainment of the goals of the
state's
public school system through
effective implementation of
early childhood education programs;

(
D
)

P
rovid
e
a

comprehensive
network of programs and facilities
to educate
children with developmental disabilities
;

(
E
)

Establish minimum standards
and approve policies and procedures
f
or
programs and facilities receiving state funds that educate
preschool
children with developmental disabilities
and other early childhood education programs
receiving state funds
;

(
F
)

Create a division or section within the department to assist in the administration of respon
sibilities under this paragraph
.

21
‑
2
‑
701
.

Definitions.

(a)

As used in this act:

(
i
)

"Division" means a division or section as assigned responsibilities for programs of
children with

developmental disabilities, department of
health

education
;

21
‑
2
‑
705
.

Fund allocation.

(d)

All funds received by the state from the federal government pursuant to section 619(c) and reserved by the state pursuant to section 619(f) of the federal Individuals with Disabilities Education Act shall be distributed by the

state department of education to the division. To the extent not prohibited by federal law, funds distributed under this subsection shall be expended in a manner jointly determined by the department of education and the
division for direct services to children with disabilities eligible for services under federal law.

35
‑
1
‑
622
.

Department; budget requests; purchase of service contracts; local match.

(b)

The department shall contract with community boards, public agencies and private agencies to purchase only those services funded by the legislature on a
statewide basis. Funds contracted for under this act
, other than funds for developmental preschool services,

shall not exceed ninety percent (90%) of the total nonfederal expenditures for human services programs by any com
munity board or public agency.

For developmental preschool services the local match requirement shall be three percent (3%).

Section
3
.

W.S. 21
‑
2
‑
70
3
(c) is repealed.

Section
4
.

(a)

Except as provided in subsection (b) of this section, t
his act is effective July 1, 201
9
.

(b)

Section
1
of this act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

1
SF0096