By Senators Escott-Russell, Figures, Smith, and Little (T)
Enrolled, An Act,
To create the Office of School Readiness as a department of the executive branch of government to administer such programs and services as may be necessary for the operation and management of a voluntary pre-kindergarten program; and to provide for the employment of a director and such other personnel as are necessary to administer the pre-kindergarten program and to provide for the operation of the office.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. The Office of School Readiness is created as a department of the executive branch of state government. The office shall have the duties, responsibilities, functions, powers, and authority set forth in this act and otherwise provided by law.
Section 2. As used in this act, the following terms shall have the following meanings:
(1) DIRECTOR. The Director of the Office of School Readiness.
(2) OFFICE. The Office of School Readiness.
Section 3. (a) The chief administrative and executive officer of the office shall be the director, who shall be appointed by and serve at the pleasure of the Governor. The director shall be responsible for the performance and exercise of the duties, responsibilities, functions, powers, and authority imposed upon the director and the office by law. The director shall be in the unclassified service of the State Merit System and shall receive a salary in an amount to be determined by the Governor.
(b) The director may employ all personnel of the office, subject to the state merit system, or if the employee is to be employed in a supervisory capacity, without regard to the provisions thereof.
Section 4. The Office of School Readiness shall have all of the following powers and duties:
(1) To establish criteria and administer such programs and services as may be necessary for the operation and management of a voluntary pre-kindergarten program.
(2) To administer such programs and services as may be necessary for the operation and management of preschool and certain child development programs.
(3) To ensure that the pre-kindergarten program provides a developmentally appropriate preschool program emphasizing growth in language and literacy, math concepts, science, arts, physical development, and personal and social competence.
(4) To receive any funds appropriated to the office from the Legislature or allocated pursuant to the Alabama Education Lottery Act for the establishment, operation, and administration of the pre-kindergarten program.
(5) To act as the agent of the federal government in conformity with this act and the administration of any federal funds granted to the state to aid in the furtherance of any functions of the office; provided, however, any federal funds distributed to existing programs on the effective date of this act shall not be affected by the provisions of this act; provided, further, that the aforementioned shall not be construed to preclude such programs from participation in any programs administered by the office.
(6) To assist local units of administration in this state so as to assure the proliferation of services under this act.
(7) To establish a regulatory division for the licensing of child care centers participating on a voluntary basis in the program and/or for the administration of the United States Child and Adult Care Food Programs at the child care centers participating in the pre-kindergarten program.
(8) To issue annual reports to the Governor, the Legislature, and the Alabama Education Lottery Corporation Legislative Oversight Committee concerning the administration and operation of the pre-kindergarten program.
(9) To promulgate rules and regulations and establish procedures to carry out this act. The promulgation of rules is exempt from the Alabama Administrative Procedure Act, Chapter 22 (commencing with Section 41-22-1) of Title 41 of the Code of Alabama 1975.
Section 5. (a) The following entities may voluntarily participate in the programs and services administered by the Office of School Readiness:
(1) Public schools.
(2) Private schools.
(3) Churches.
(4) Existing public pre-kindergarten programs.
(5) Existing private pre-kindergarten programs.
(6) Existing non-profit pre-kindergarten programs.
(7) Any other entities or programs approved by the office.
(b) The office shall ensure that local school districts be given the first opportunity to offer preschool programs. Providers other than local public schools shall plan their preschool programs to assure students smooth transition to kindergarten programs offered in local public schools.
Section 6. This act shall become effective immediately upon its passage and approval by the Governor or upon its otherwise becoming an act, and shall be implemented only upon ratification by the voters of Alabama of the Constitutional Amendment as contained in House Bill 73 of the 1999 Regular Session of the Alabama Legislature. In the event the Constitutional Amendment contained in House Bill 73 of the 1999 Regular Session of the Legislature is not ratified by the voters, then this act shall become null and void.