HB2543 HD1.DOC

PART I. INTRODUCTION

SECTION 1. The purpose of this Act is to:

(1) Expand the capacity, resources, affordability, and flexibility of childcare facilities licensed by the department of human resources to significantly increase affordable and accessible childcare choices for Hawaii's families, especially those in financial need and in lesser-served areas of the State;

(2) Expand the capacity, resources, and availability of state-financed preschool programs;

(3) Offset the cost of living for Hawaii families by subsidizing both childcare and preschool;

(4) Clarify the coordination of the continuum of early learning and preschool programs throughout the State; and

(5) Build the infrastructure and develop the resources necessary to achieve the objective of providing the capacity to serve fifty per cent of all otherwise unserved children who are three to four years of age, or will not be at least five years of age on or before July 31 of the current school year, with access to learning by the year 2025, and providing the capacity to serve one hundred per cent of those children within the same age group with access to learning by the year 2030.

This Act is part of the State's early childhood plan to increase access to child care and early learning opportunities for children in the State.

PART II. DEPARTMENT OF EDUCATION

SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding two new sections to subpart C of part IV to be appropriately designated and to read as follows:

"§302A-A Standardized assessment for students entering kindergarten. (a) The board of education shall adopt a student assessment model pursuant to section 302A-1101(a) to assess all students entering kindergarten.

(b) Within the first thirty days of each school year, the department shall assess all kindergarten students with the student assessment model; provided that any assessment administered pursuant to this subsection shall be conducted in either English or Hawaiian.

(c) The department shall share the information gathered pursuant to this section with the department of human services, executive office on early learning, early learning coordinator, and public charter school commission to the extent not otherwise prohibited by administrative rule or law.

§302A-B Prior early learning programs attendance disclosure. (a) At least one parent or guardian of each child entering kindergarten shall disclose to the department the name and address of the early learning program that the child attended during the previous academic year. The department may also require the disclosure of any other information not otherwise prohibited by law that would assist the department, the department of human services, and the executive office on early learning in developing, assessing, and implementing strategies to meet the early learning needs of children in the State. The department and the executive office on early learning shall use the information to assist the early learning coordinator in determining the levels of prekindergarten attendance and need for child care in geographic regions of the State and identify the highest priority regions requiring prekindergarten programs and child care to meet the needs of unserved or underserved eligible children.

(b) The department may include a request for the information required by subsection (a) on a kindergarten enrollment form or any other appropriate form.

SECTION 3. Chapter 302D, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"§302D-A Standardized assessment for students entering kindergarten. (a) The board of education shall adopt a student assessment model pursuant to section 302A-1101(a) to assess all charter school students entering kindergarten.

(b) Within the first thirty days of each school year, the state public charter school commission shall assess all charter school kindergarten students with the student assessment model; provided that any assessment administered pursuant to this subsection shall be conducted in either English or Hawaiian.

(c) The state public charter school commission shall share the information gathered pursuant to this section with the department of education, department of human services, executive office on early learning, and early learning coordinator to the extent not otherwise prohibited by administrative rule or law.

§302D-B Prior early learning programs attendance disclosure. (a) At least one parent or guardian of each child entering kindergarten shall disclose to the state public charter school commission the name and address of the early learning program that the child attended during the previous academic year. The state public charter school commission may also require the disclosure of any other information not otherwise prohibited by law that would assist the department, the department of human services, and the executive office on early learning in developing, assessing, and implementing strategies to meet the early learning needs of children in the State. The department and the executive office on early learning shall use the information to assist the early learning coordinator in determining the levels of prekindergarten attendance and need for child care in geographic regions of the State and identify the highest priority regions requiring prekindergarten programs and child care to meet the needs of unserved or underserved eligible children and shall provide the information to the department of human services.

(b) The state public charter school commission may include a request for the information required by subsection (a) on a kindergarten enrollment form or any other appropriate form.

SECTION 4. Section 302L-1.6, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:

"(b) The board shall consist of the following voting members:

(1) A representative of center-based program providers or the representative's designee;

(2) A representative of family child care program providers;

(3) A representative of family-child interaction learning program providers;

(4) A representative of philanthropic organizations that support early learning or the representative's designee;

(5) A representative from a head start provider agency;

(6) A representative from the Hawaii Early Intervention Coordinating Council;

(7) A parent representative;

(8) A representative from the Hawaii chapter of the American Academy of Pediatrics;

(9) A representative of home-visiting program providers;

(10) A representative of Hawaiian medium early learning providers; and

(11) A representative of the Hawaii Council of Mayors, or the representative's designee.

The superintendent of education, director of human services, director of health, early learning coordinator, and president of the University of Hawaii shall serve as ex officio, nonvoting members of the board.

The board shall invite the chief executive officer of Kamehameha Schools and the executive director of the Hawaii Association of Independent Schools, or their designees, to serve as voting members of the board.

(c) Except for the early learning coordinator, superintendent of education, directors of state departments, president of the University of Hawaii, chief executive officer of Kamehameha Schools, and the executive director of the Hawaii Association of Independent Schools, or their designees, the members of the board shall serve staggered terms as follows:

(1) The representative of center-based program providers shall serve a two-year term;

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

(3) The representative of family-child interaction learning program providers shall serve a three-year term;

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

(5) The representative from a head start provider agency shall serve a three-year term;

(6) The representative from the Hawaii Early Intervention Coordinating Council shall serve a three-year term;

(7) The parent representative shall serve a two-year term;

(8) The representative from the Hawaii chapter of the American Academy of Pediatrics shall serve a two-year term;

(9) The representative of home-visiting program providers shall serve a three-year term;

(10) The representative of Hawaiian medium early learning providers shall serve a two-year term; and

(11) The representative of the Hawaii Council of Mayors shall serve a three-year term."

SECTION 5. Section 302L-5, Hawaii Revised Statutes, is amended to read as follows:

"§302L-5 Early learning [~~trust fund.~~] special fund. (a) There is established within the state treasury the early learning [~~trust fund,~~] special fund, to be administered by the executive office on early learning, into which shall be deposited all moneys received by the office in the form of:

(1) Fees;

(2) Grants;

(3) Donations;

(4) Appropriations made by the legislature to the fund; and

(5) Revenues regardless of their source,

and earnings on moneys in the fund. Moneys in the fund shall be used for the early learning system. Expenditures from the fund may be made by the office without appropriation or allotment.

(b) The office shall submit an annual report to the legislature, no later than August 31, on the sources of moneys deposited into the fund and expenditures of the moneys in the fund."

SECTION 6. Section 302L-7, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (a) to read:

"(a) There is established within the early learning system an early childhood education program to be known as the executive office on early learning public prekindergarten program and to be administered by the office pursuant to rules adopted by the office. The program shall:

(1) Be provided through the executive office on early learning, which shall partner with the department of education [~~and state public charter school commission~~] through either a memorandum of agreement or memorandum of understanding pursuant to the requirements of this section;

(2) Prepare children for school and active participation in society through the use of either of the State's two official languages; and

(3) Provide access to high-quality early learning that addresses children's physical, cognitive, linguistic, social, and emotional development."

2. By amending subsections (o) and (p) to read:

"(o) The office shall collect data with assistance from the department of education [~~and state public charter school commission~~], based on a schedule to be determined by the office, to:

(1) Evaluate the services provided;

(2) Inform policy; and

(3) Make any improvements to the program.

(p) The department of education [~~and any public charter school existing pursuant to chapter 302D,~~] may use available classrooms for public preschool programs statewide. [~~The office shall give priority to public charter schools that serve high populations of underserved or at-risk children.~~] Preschool classrooms established pursuant to this section shall be in addition to any classrooms used for the pre-plus program established pursuant to section 302L-1.7."

SECTION 7. 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 2020-2021 for the executive office on early learning to support early learning programs in accordance with this Act.

The sum appropriated shall be expended by the executive office on early learning for the purposes of this Act.

SECTION 8. 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 2020-2021 for the department of education to modify and expand its information technology system for the purpose of managing the information collected pursuant to this Act and for permanent full-time ( .0 FTE) positions to carry out that modification and expansion.

The sum appropriated shall be expended by the department of education for the purpose of this Act.

SECTION 9. 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 2020-2021 for the removal of the public charter school prekindergarten program from the administrative authority of the executive office on early learning.

The sum appropriated shall be expended by the public charter school commission for the purpose of this Act.

PART III. DEPARTMENT OF HUMAN SERVICES

SECTION 10. Chapter 346, Hawaii Revised Statutes, is amended by adding four new sections to subpart D of part VIII to be appropriately designated and to read as follows:

"§346- Preschool open doors special fund. (a) There is established within the state treasury the preschool open doors special fund, to be administered by the department's child care assistance program, into which shall be deposited all moneys received by the department's child care assistance program in the form of:

(1) Fees;

(2) Grants;

(3) Donations;

(4) Appropriations made by the legislature to the fund; and

(5) Revenues regardless of their source,

and earnings on moneys in the fund. Moneys in the fund shall be used for the preschool open doors program. Expenditures from the fund may be made by the department without appropriation or allotment.

(b) The department shall submit an annual report to the legislature, no later than August 31, on the sources of moneys deposited into the fund and expenditures of moneys in the fund.

§346- Preschool grant program special fund; established. (a) There is established within the state treasury the preschool grant special fund, into which shall be deposited:

(1) Donations to the special fund;

(2) Appropriations made by the legislature to the fund;

(3) Revenues regardless of their source; and

(4) Earnings on moneys in the fund.

(b) The department shall expend moneys in the special fund to award grants to private entities for the establishment of new preschools or expansion of existing preschools at the private entity's place of business.

(d) Any grant awarded pursuant to this section or expenditure of funds for the administration of the preschool open doors program shall be exempt from chapters 103D and 103F. The department shall adopt rules pursuant to chapter 91 to effectuate the grant program.

(g) The department shall submit an annual report to the legislature, no later than August 31, on the sources of moneys deposited into the fund and expenditures of moneys in the fund.

§346- Preschool open doors program; provider accreditation. (a) Each service provider of the preschool open doors program shall be accredited or shall obtain accreditation within three calendar years of first receiving any funds from the preschool open doors program; provided that any existing service provider unaccredited on July 1, 2020, shall obtain accreditation by July 1, 2023.

(b) Accreditation under this section shall be obtained from one or more of the following national early learning accrediting organizations:

(1) National Association for the Education of Young Children;

(2) National Early Childhood Program Accreditation;

(3) National Association of Family Child Care; or

(4) An accrediting organization approved by the director.

§346- Preschool open doors; procurement exemption. Any expenditure of funds by the department to implement, operate, or expand the preschool open doors program may be made without regard to chapters 103D and 103F."

SECTION 11. Chapter 346, Hawaii Revised Statutes, is amended by adding a new section to part VIII to be appropriately designated and to read as follows:

"§346- Prior early learning program information. (a) The department shall establish or augment an existing database to collect and analyze information it receives from the department of education pursuant to sections 302A-A, and 302A-B and the state public charter school commission pursuant to sections 302D-A and 302D-B and any other information the department may collect on all children in the State who are three to four years old and children who will not be at least five years of age on or before July 31 of the current school year. The early learning coordinator shall have access to the database and use the information to determine the levels of prekindergarten attendance and need for child care in geographic regions of the State and identify the highest priority regions requiring prekindergarten programs and child care to meet the needs of unserved or underserved eligible children.

(b) To the extent not prohibited by administrative rule or law, the department, department of education, public charter school commission, executive office on early learning, and early learning coordinator shall share any information gathered pursuant to 302A-A, 302A-B, 302D-A, 302D-B, with each other along with any other information the department may collect on all children in the State who are three to four years old and children who will not be at least five years of age on or before July 31 of the current school year.

SECTION 12. Section 346-181, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:

"(b) Subject to the availability of funds, the program shall serve three- and four-year-old children[,] who are in the two years prior to kindergarten entry pursuant to section 302A‑411, with priority extended [~~to:~~] in the following order to any:

[~~(1)~~ Children who are not eligible to attend public school kindergarten in the calendar year in which they turn five years of age because their birth date occurs after the kindergarten eligibility date pursuant to section 302A-411; and

~~(2)~~] (1) Underserved or at-risk [~~children,~~] four-year-old child who was previously served as a three-year old child, as defined by rules adopted by the department[.];

(2) Four-year-old child who was previously served as a three-year-old child;

(3) Four-year-old child;

(4) Underserved or at-risk three-year-old child, as defined by rules adopted by the department; and

(5) Three-year-old child.

(c) Enrollment in the program shall be voluntary. A parent or guardian of a child enrolled in the program [~~shall~~] may share in the costs of the program through a copayment according to a sliding fee scale that is based on need pursuant to rules adopted by the department."

SECTION 13. 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 2020-2021 for permanent full-time ( .0 FTE) positions for the preschool open doors program.

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

SECTION 14. 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 2020-2021 for the department of human services to expand its information technology system for the purpose of managing the information collected pursuant to this Act.

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

SECTION 15. 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 2020-2021 for the department of human services to contract for and operate preschool and child care programs without regard to chapters 103D and 103F, Hawaii Revised Statutes, to carry out the purposes of this Act.

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

SECTION 16. 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 2020-2021 for deposit into the preschool grant special fund.

PART IV. OFFICE OF THE GOVERNOR

SECTION 17. Chapter 26, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part . Early learning

§26- Position of early learning coordinator; established; benchmarks; duties. (a) There is established within the office of the governor an early learning coordinator position. The governor, without regard to chapter 76, shall appoint the early learning coordinator. The early learning coordinator may be removed from office by the governor.

(b) The salary of the early learning coordinator shall be fixed by the governor. The early learning coordinator shall be a member of the state employees' retirement system and shall be included under the operations of the federal social security program or any other state or federal employee benefit program generally applicable to employees of the State.

(c) The early learning coordinator may employ and retain employees as may be necessary to carry out the duties of the early learning coordinator. The employees may be hired without regard to chapter 76, shall serve at the pleasure of the early learning coordinator, and shall be included in any benefit program generally applicable to employees of the State.

(d) The early learning coordinator shall ensure access to learning through preschool programs that meet or exceed the following benchmarks:

(1) Fifty per cent of all otherwise unserved children who are three to four years of age, or will not be at least five years of age on or before July 31 of the current school year, shall be enrolled in a preschool program by December 31, 2025; and

(2) One hundred per cent of all children who are three to four years of age, or will not be at least five years of age on or before July 31 of the current school year, shall be enrolled in a preschool program by December 31, 2030.

The early learning coordinator shall submit an annual report to the legislature, no later than August 31 of each year, on the progress toward achieving the benchmarks until all children who are three to four years of age, or will not be at least five years of age on or before July 31 of the current school year, are enrolled in a preschool program.

(e) The early learning coordinator:

(1) May develop and implement strategies and programs that can offset the cost of child care and school readiness programs for high priority workforce needs;

(2) May create a flexible, expandable, and focused funding and budgeting approach that will encourage public and private partnerships to implement school readiness programs;

(3) Shall identify the need for child care and early learning in geographic regions of the State and consider using public facilities including schools, libraries, and the university of Hawaii system as locations for child care and early learning programs;

(4) May create programs and private sector delivery systems that can pose the essential information and policy questions, monitor the progress of the implementation of this part, and generate timely detailed reports to the extent allowable by law;

(5) Shall facilitate and support data sharing among public and private entities to the extent not otherwise prohibited by law or rule; and

(6) Shall support the department of human services and the executive office on early learning to expand access to quality child care and early learning.

§26- Access to learning special fund. (a) There is established within the state treasury the access to learning special fund, to be administered by the early learning coordinator, into which shall be deposited all moneys received by the early learning coordinator in the form of:

(1) Fees;

(2) Grants;

(3) Donations;

(4) Appropriations made by the legislature to the fund; and

(5) Revenues regardless of their source,

and earnings on moneys in the fund. Moneys in the fund shall be used to fulfill the duties of the early learning coordinator. Expenditures from the fund may be made by the early learning coordinator without appropriation or allotment.

(b) Any law to the contrary notwithstanding, the governor may authorize expenditures from the fund of any donation, grant, bequest, and devise of money from any private institution, person, firm, or corporation for the purposes of funding or augmenting the salaries of the early learning coordinator and any employee of the early learning coordinator. If all or any portion of any salary of the early learning coordinator or any employee of the early learning coordinator is funded pursuant to this subsection, the report pursuant to subsection (c) shall include information detailing the use of any funds authorized under this subsection.

(c) The early learning coordinator shall submit an annual report to the legislature, no later than August 31, on the sources of moneys deposited into the fund and expenditures of moneys in the fund."

SECTION 18. Section 27-7, Hawaii Revised Statutes, is amended to read as follows:

"[[]§27-7[]] Departmental data sharing. (a) The department of education, the University of Hawaii, the department of labor and industrial relations, and other state agencies, as appropriate, shall share data to support research that will improve educational and workforce outcomes and meet the longitudinal data requirements of the federal American Recovery and Reinvestment Act of 2009, as amended. The data to be shared shall be determined jointly by the department of education, the University of Hawaii, the department of labor and industrial relations, and other state agencies, as appropriate, and shall be shared no less than annually.

(b) The department of education, the University of Hawaii, the department of labor and industrial relations, and other state agencies, as appropriate, shall share data in a manner that safeguards the confidentiality of student education records, as defined by the federal Family Educational Rights and Privacy Act, and workforce data, as provided by applicable federal and state laws, rules, and regulations.

(c) All data shared by or with the department of human services, department of education, public charter school authorizers, public charter schools, executive office on early learning, the early learning coordinator, and other entities as required by statute shall be subject to any administrative rule regarding privacy adopted by the department or agency that collected the data.

[~~(c)~~] (d) The department of education, the University of Hawaii, the department of labor and industrial relations, and other state agencies, as appropriate, shall establish a data governance and access committee that meets on a quarterly basis to determine protocols to:

(1) Prioritize analyses and research questions that will provide information to improve educational and workforce outcomes and policies; and

(2) Approve requests for access to data provided by the department of education, the University of Hawaii, the department of labor and industrial [[]relations[]], and other state agencies, as appropriate.

[~~(d)~~] (e) All state agency directors shall consider sharing data for the statewide longitudinal data system."

SECTION 19. 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 2020-2021 for the early learning coordinator position and employees of the early learning coordinator.

The sum appropriated shall be expended by the office of the governor for the purposes of this Act.

PART V. HAWAIIAN LANGUAGE IMMERSION

SECTION 20. 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 2020-2021 for the purpose of assisting Ka Haka Ula O Keelikolani, in partnership with the Imiloa astronomy center and other public or private partners as appropriation or required by law, to build two or more classrooms for Hawaiian language medium education pre-kindergarten programs that shall be used to establish a pathway for the development of other Hawaiian language medium education and Hawaiian language immersion classes.

The sum appropriated shall be expended by the university of Hawaii at Hilo for the purposes of this Act.

PART VI. LIBRARIES

SECTION 21. Chapter 312, Hawaii Revised Statutes, is amended by adding a new section to be appropriated designated and to read as follows:

"§312- Early learning classrooms and services on public library property; authorized. (a) The Hawaii state public library system, in consultation and partnership with the department of human services or the executive office on early learning, may establish new early learning classrooms and contract for early learning services at any library under the jurisdiction of the Hawaii state public library system; provided that the entity with which the Hawaii state public library system partners to establish a new early learning classroom shall be the same entity responsible for the administration and operation of that early learning classroom.

(b) The planning, constructing, equipping, and operating of new early learning classrooms and the contracting of early learning services shall not be subject to chapters 103D or 103F."

SECTION 22. 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 2020-2021 for the purpose of building two or more early learning services classrooms on property under the jurisdiction of the public library system.

The sum appropriated shall be expended by the department of accounting and general services for the purposes of this Act.

PART VII. MISCELLANEOUS PROVISIONS

SECTION 23. In codifying the new sections added by sections 2 and 3 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 24. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 25. This Act shall take effect on July 1, 2022; provided that sections 2, 3, and 11 shall take effect on July 1, 2021.

HOUSE OF REPRESENTATIVES	H.B. NO.	2543
THIRTIETH LEGISLATURE, 2020		H.D. 1
STATE OF HAWAII