La. Admin. Code tit. 28 § CLXVII-1101

Current through Register Vol. 50, No. 11, November 20, 2024

Section CLXVII-1101 - Early Childhood Care and Education Advisory Council

A. Functions. The function of an advisory council is to advise the board, directly or through its committees, in the discharge of its policymaking, supervisory control, and budgetary duties and responsibilities. Specific functions of the advisory council are determined by the establishing law or policy. The advisory council deals exclusively with matters referred by the board or the LDE. Matters referred to advisory councils require external input regarding funding decisions, policy matters that need to be reviewed for local impact, bulletin revisions containing policies or supervisory controls, and matters particular to a council for which it was created. The LDE staff provides the board with a statewide and nationwide perspective on certain issues, while advisory councils respond from a local or community perspective.

1. The council shall provide input and guidance to the board and the LDE on matters pertaining to the development and implementation of rules, regulations, bulletins, policies, or standards for publicly-funded early care and education programs, including early learning centers, enrollment in early learning centers, the Cecil J. Picard LA4 Early Childhood Program, the Child Care and Development Fund Block Grant, the Child Care Assistance Program, Early Head Start, and Head Start.

2. Prior to board consideration of any rule or standard regarding early learning centers, enrollment in early learning centers, the Cecil J. Picard LA4 Early Childhood Program, the Child Care and Development Fund Block Grant, or the Child Care Assistance Program, the department shall consult with and provide a draft of the proposed rules to the council, and provide an opportunity for the council to make recommendations.

3. Prior to submission to the United States Department of Health and Human Services, LDE shall consult and provide a draft of the state plan for the Child Care and Development Fund and budget, and any amendments to the state plan including budget revisions, and provide an opportunity for the council to make recommendations. Recommendations made by the council shall be submitted to BESE.

4. The council shall produce required quarterly and annual reports.

B. Composition. The council shall consist of no fewer than seventeen voting members as follows:

1. Two representatives of Type III early learning centers, selected by the state superintendent of education.

2. One representative of a Type II early learning center, selected by the state superintendent of education;

3. One representative of a Type I early learning center; selected by state superintendent of education.

4. Two representatives of Head Start programs, one of which shall be operated by a local education agency and selected by BESE, and one of which shall be operated by a nonlocal education agency and selected by the state superintendent of education from a list of three persons nominated by the Louisiana Head Start Association;

5. Two representatives of local education agencies operating publicly funded early childhood programs other than Head Start, selected by BESE.

6. Two representatives of Louisiana nonprofit advocacy organizations having a focus on early childhood education, selected by the state superintendent.

7. Two representatives of approved nonpublic schools with publicly funded early childhood care and education programs, selected by BESE.

8. One professional or faculty member having child development or early childhood education expertise from a Louisiana post-secondary education institution, selected by the commissioner of higher education.

9. The president of the Louisiana Chapter of the American Academy of Pediatrics, or designee.

10. One representative of an advocacy or service organization that focuses on serving children with disabilities, selected by the state superintendent of education.

11. One representative of a Louisiana business or community organization, selected by BESE.

12. One parent of a child currently enrolled in a publicly-funded early learning center or prekindergarten program, selected by BESE.

C. The council shall include an additional thirteen nonvoting ex-officio members, or designee, who may advise and contribute to discussions pertaining to early childhood care and education, including but not limited to the following:

1. The chairpersons of the House Committee on Education, Senate Committee on Education, House Committee on Health and Welfare, and Senate Committee on Health and Welfare.

2. The secretary of the Department of Children and Family Services.

3. The state director of the Louisiana State Head Start Collaboration Project.

4. A representative of the state agency responsible for programs under Section 619 or Part C of the Individuals with Disabilities Education Act (20 25 U.S.C. 1419, 1431 et seq.).

5. The director of the Maternal and Child Health Program at the Department of Health and Hospitals.

6. The director of the Child and Adult Care Food Program at the LDE.

7. The Louisiana State Fire Marshal.

8. A representative from the office of sanitarian services at the Department of Health and Hospitals.

9. A representative from the Louisiana Workforce Commission.

10. A representative from the Louisiana State Police Bureau of Criminal Identification and Information.

D. General Council Membership Information

1. Terms. Members shall serve a term of three years at the pleasure of the appointing authority. Persons appointed by organizations and agencies other than BESE shall be ratified by the board. A council member may be removed without cause by the recommending agency at any time. Appointees must maintain employment and qualifications appropriate to the organizational category being represented. Once a member retires, becomes employed in a different capacity, or otherwise fails to maintain eligibility, the member shall become ineligible to continue to serve and shall be replaced. A current council appointee, whose term has expired, may remain in place until a replacement is recommended or approved by the appointing authority and subsequently ratified by BESE.

2. Vacancies. A vacancy in an appointed position shall occur if an appointee, for any reason, is unable to serve the full extent of the term. Appointments to fill vacancies shall be considered interim appointments. Interim appointments shall be made by the superintendent of education or the BESE president. At the conclusion of a membership term, LDE and BESE shall publish a request for applications and select nominees for the subsequent term from the pool of applicants.

3. Expenses. Council members shall not receive compensation or a per diem for services or attendance at council meetings.

4. Proxy. Any person serving on an advisory council who cannot attend a scheduled meeting may designate a person to attend as proxy, contingent upon consent of the appointing authority, and shall notify the council chair and the LDE council liaison.

5. Quorum. A quorum is a simple majority of the total membership. In the absence of a quorum, the advisory council may take unofficial action, but minutes submitted to the board shall indicate that the recommendations are being presented without the required quorum. When it is known prior to an agenda being posted that a quorum is unlikely, the council chair shall be so notified, and the meeting may be canceled. Proxies cannot be included for the purpose of establishing a quorum.

6. Action/Quorum. Official council action requires that matters submitted to the council by motion are duly seconded. The chair states the motion and calls for discussion and public comment. All official actions of the council shall require the favorable vote of a majority of the members present.

7. Voting. All voting shall be by voice vote, except when taken by roll call vote or when a member requests that his/her vote be recorded in the official record. A roll call vote shall be taken on any motion if requested by the chair. Roll call votes shall be taken alphabetically, except that the presiding officer or chair shall have the option of voting last or may exercise the right to refrain from voting. Proxies do not retain voting privileges.

8. Attendance Policy

a. Appointed members are expected to attend all scheduled meetings of an advisory body. Unless otherwise provided, if a member is unable to attend a meeting, a request for an excused absence should be submitted to the council chair or the LDE council liaison one week prior to the meeting. A proxy may be named by the appointed member to serve for a total of three meetings. A council member shall be removed and his/her seat declared vacant if the member is no longer a legal resident of Louisiana, fails to remain active in or is no longer employed by the organization or agency appointed to represent, or misses more than two meetings, unless excused prior to the meeting by the council chair.

b. The appointing authority for each member shall be notified immediately following each scheduled meeting indicating nonattendance of the appointee. The notification should include:

i. name of the council member and council on which serving;

ii. date of the meeting; and

iii. board policy on attendance.

E. Chair

1. The council shall have one chair and one vice-chair annually elected by the voting members of the council at the first convening meeting of the fiscal year.

2. The chair shall preside at all meetings of the council and perform such duties as may be required by the council. The elected vice-chair shall serve in the absence of the chair and perform other duties as assigned by the chair.

F. Meetings

1. Advisory councils shall meet as scheduled in order to consider referrals from the board or the LDE. Special meetings shall be by call of the board, and emergency meetings may be called at the discretion of the LDE council liaison.

2. Regular meeting dates shall be scheduled one year in advance and shall be determined by the LDE council liaison.

3. Agendas of council meetings shall be distributed to council members by the LDE council liaison at least seven days in advance of a meeting. All council meetings shall be conducted in accordance with the Louisiana open meetings law R.S. 42:11 et seq.

4. In accordance with R.S. 42:19, the agenda may be amended upon unanimous approval of the members present at a meeting and subject to other provisions of the statute.

5. Except where listed herein, the business in advisory councils shall be conducted in accordance with Robert's Rules of Order.

6. Motions passed by an advisory council shall be made as a main motion and must be duly seconded. All motions must be voted upon, and roll call votes may be requested by any of the membership in attendance at a meeting.

7. Requests from advisory councils for data or reports must be made in the form of a motion, requesting that the board direct the LDE or BESE staff to provide such information to the council making the request.

8. The minutes and reports of each advisory council shall be presented to the BESE executive director for referral to the board. Actions taken in response to referrals shall be forwarded to the appropriate committee. A committee, after consideration of the recommendations of the advisory council, shall report recommendations to the board for final action.

9. All meetings of advisory councils shall be considered official functions of the board to assist in the execution of board responsibilities and duties.

La. Admin. Code tit. 28, § CLXVII-1101

Promulgated by the Board of Elementary and Secondary Education, LR 482092 (8/1/2022).

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:6.1 and R.S. 17:407.51