LAC 28:CLXVII.1101. Early Childhood Care and Education Advisory Council

A. Functions. 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. 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. At the conclusion of a membership term, LDOE and BESE shall publish a request for applications and select nominees for the subsequent term from the pool of applicants. 3. Proxy. Any person serving on an advisory council who cannot attend a scheduled meeting may designate a person to attend as proxy. 4. Quorum. A quorum is a simple majority of the total membership. 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. 5. 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. 6. 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. 7. Attendance Policy a. Appointed members are expected to attend all scheduled meetings of an advisory body. 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 resigns. E. Chair 1. The council shall have one chair and one vice-chair annually elected by the voting members of the council. 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. The council shall meet as scheduled in order to consider referrals from the board or the LDOE. 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.