§407.51. Advisory Council

            A. The board shall establish an Advisory Council on Early Childhood Care and Education that shall consist of the following members:

            (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 the 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 the state board, 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 the state board.

            (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 the state board.

            (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 his designee.

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

            (11) One representative of a Louisiana business or community organization, selected by the state board.

            (12) One parent of a child currently enrolled in a publicly funded early learning center or prekindergarten program, selected by the state board.

            B. The council shall include nonvoting ex officio members who may advise and contribute to discussions pertaining to early childhood care and education, including but not limited to the following:

            (1) The chairmen of the House Committee on Education, Senate Committee on Education, House Committee on Health and Welfare, and Senate Committee on Health and Welfare, or their designees.

            (2) The secretary of the Department of Children and Family Services or his designee.

            (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 U.S.C. 1419, 1431 et seq.).

            (5) The director of the Maternal and Child Health Program at the Louisiana Department of Health.

            (6) The director of the Child and Adult Care Food Program at the Department of Education.

            (7) The Louisiana State Fire Marshal, or his designee.

            (8) A representative from the office of sanitarian services at the Louisiana Department of Health.

            (9) A representative from the Louisiana Workforce Commission.

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

            C. The council shall serve in an advisory capacity to the board and shall comply with the Open Meetings Law.

            D. The chair shall be elected by the voting members of the council.

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

            F. The department shall provide staff support for the council, including but not limited to the scheduling of meetings, providing public notice of scheduled meetings, and including information about the council and its meeting minutes on its website. Council meeting minutes shall be provided to the state board at its next regularly scheduled meeting.

            G. The council shall meet at least quarterly, with the meetings to be called by the chair or the state superintendent as needed. The chair shall set the agenda.

            H.(1) The council shall provide input and guidance to the board and the department on matters pertaining to the development and implementation of rules, regulations, bulletins, policies, or standards related to all early care and education programs, including early learning centers, enrollment in early learning centers, the Cecil J. Picard LA 4 Early Childhood Program, the Child Care and Development Fund Block Grant, the Child Care Assistance Program, Early Head Start, and Head Start.

            (2) Beginning July 2, 2022, the council shall regularly evaluate the implementation of the plan for early childhood care and education established by the Early Childhood Care and Education Commission and provide recommendations to support its implementation.

            I. Prior to its submission to the United States Department of Health and Human Services, the department shall consult and provide a draft of the state plan for the Child Care and Development Fund and its 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 reported to the state board.

            J. Prior to the board's consideration of any rule or standard related to early learning centers, enrollment in early learning centers, the Cecil J. Picard LA 4 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. Recommendations made by the council shall be reported to the state board prior to their adoption. The provisions of this Subsection shall not apply to the adoption of emergency rules. However, the department shall notify the council of any meetings of the State Board of Elementary and Secondary Education at which emergency rules pertaining to matters described in Subsection H of this Section will be considered. Such notification shall be given at the same time that public notice of the meeting is given and shall include a draft of the proposed emergency rule.

            K. The department shall provide quarterly reports on the implementation and progress, activities, and status of the Early Childhood Care and Education Network, including the creation and implementation of an accountability system for early care and education programs and the transition of the Child Care and Development Fund Block Grant and licensure to the department. Any recommendations by the council shall be reflected in meeting minutes.

            L. The department shall provide the council with reports not less than annually of the following activities, provided that data is available, pursuant to a schedule agreed upon by the chair and the state superintendent of education:

            (1) A description of each publicly funded early care and education program, including the eligibility criteria, the program requirements, average number of hours and days of the program, and the amount of total funding and source of funding for each program. The description shall also include a specific description of the fee structure for the Child Care Assistance Program.

            (2) The number of children served in each publicly funded early childhood care and education program in Louisiana, broken down by the age of the child and amount of public funding per child per program.

            (3) The number of early learning centers by each licensing type and at each quality level as determined by the accountability system then in place, and the number of children served at each age in each type at each quality level.

            (4) Description of the training and support provided to each program and the amount of funding for this by program and source of funds.

            (5) Description of unmet family demand for early care and education in Louisiana.

            (6) Description of the goals for the upcoming fiscal year for early care and education in Louisiana, including outcome indicators that will be used to measure progress, and a description of the progress made in achieving the previous year's goals.

            (7) Description and results of any evaluations of the early care and education programs in the state.

            (8) Description of the early care and education workforce, including an analysis of the status of the current early care and education workforce, including demographics, certifications and education levels, participation and level on any professional development ladder, and the participation in any teacher tax credits. The description shall also include information about salaries and benefits, and a comparison of these to similarly qualified employees in other but related fields, and an analysis of the workforce capacity necessary to meet the state's early care and education needs.

            M. Any reports provided by the department and any council recommendations shall be included in meeting minutes.

            Acts 2014, No. 868, §2, eff. Oct. 1, 2014; Acts 2015, No. 297, §1; Acts 2017, No. 97, §1; Acts 2018, No. 639, §1; Acts 2020, No. 180, §1, eff. June 11, 2020.