North Carolina § 143B-168 - 4. Child Care Commission - members; selection; quorum.

§ 143B-168. 4. Child Care Commission - members; selection; quorum.

The Child Care Commission of the Department of Health and Human Services shall consist of 17 members. Nine of the members shall be appointed by the Governor and eight by the General Assembly, four upon the recommendation of the President Pro Tempore of the Senate, and four upon the recommendation of the Speaker of the House of Representatives. Four of the members appointed by the Governor, two by the General Assembly on the recommendation of the President Pro Tempore of the Senate, and two by the General Assembly on the recommendation of the Speaker of the House of Representatives, shall be members of the public who are not employed in, or providing, child care and who have no financial interest in a child care facility. Two of the foregoing public members appointed by the Governor, one of the foregoing public members recommended by the President Pro Tempore of the Senate, and one of the foregoing public members recommended by the Speaker of the House of Representatives shall be parents of children receiving child care services. Of the remaining two public members appointed by the Governor, one shall be a pediatrician currently licensed to practice in North Carolina. Three of the members appointed by the Governor shall be child care providers, one of whom shall be affiliated with a for-profit child care center, one of whom shall be affiliated with a for-profit family child care home, and one of whom shall be affiliated with a nonprofit facility. Two of the members appointed by the Governor shall be early childhood education specialists. Two of the members appointed by the General Assembly on the recommendation of the President Pro Tempore of the Senate, and two by the General Assembly on recommendation of the Speaker of the House of Representatives, shall be child care providers, one affiliated with a for-profit child care facility, and one affiliated with a nonprofit child care facility. None of the members may be employees of the State. Members shall be appointed as follows: Of the Governor's initial appointees, five shall be appointed for terms expiring June 30, 2020, and four shall be appointed for terms expiring June 30, 2021. Of the General Assembly's initial appointees appointed upon recommendation of the President Pro Tempore of the Senate, two shall be appointed for terms expiring June 30, 2020, and two shall be appointed for terms expiring June 30, 2021. Of the General Assembly's initial appointees appointed upon recommendation of the Speaker of the House of Representatives, two shall be appointed for terms expiring June 30, 2020, and two shall be appointed for terms expiring June 30, 2021. A vacancy occurring during a term of office is filled: By the Governor, if the Governor made the initial appointment; By the General Assembly, if the General Assembly made the initial appointment in accordance with G.S. 120-122. Appointments by the General Assembly shall be made in accordance with G.S. 120-121. After the initial appointees' terms have expired, all members shall be appointed to serve two-year terms. Any appointment to fill a vacancy on the Commission created by the resignation, dismissal, death, or disability of a member shall be for the balance of the unexpired term. At its first meeting the Commission members shall elect a Chair to serve a term expiring June 30, 2020. A successor Chair shall be elected for two-year terms thereafter. The same member may serve as Chair for two consecutive terms. Commission members may be removed pursuant to G.S. 143B-13(d). Commission members may be reappointed and may succeed themselves for a maximum of four consecutive terms. The Commission shall meet quarterly, and at other times at the call of the Chair or upon written request of at least six members. The members of the Commission shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 138-5 . A majority of the Commission shall constitute a quorum for the transaction of business. All clerical and other services required by the Commission shall be supplied by the Secretary of Health and Human Services. History (1985, c. 757, s. 155(a); 1987 (Reg. Sess., 1988), c. 896; 1989, c. 342; 1995, c. 490, s. 10; 1997-443, s. 11A.118(a); 1997-506, s. 57; 2011-145, s. 10.7(c); 2013-360, s. 12B.1(h); 2013-363, s. 4.2; 2019-32, s. 3.) NC Pre-K Program. - Session Laws 2013-360, s. 12B.1(a)-(g), provides: "(a) Eligibility. - The Department of Health and Human Services, Division of Child Development and Early Education, shall continue implementing the prekindergarten program (NC Pre-K). The NC Pre-K program shall serve children who are four years of age on or before August 31 of the program year. In determining eligibility, the Division shall establish income eligibility requirements for the program not to exceed seventy-five percent (75%) of the State median income. Up to twenty percent (20%) of children enrolled may have family incomes in excess of seventy-five percent (75%) of median income if those children have other designated risk factors. Furthermore, any age-eligible child who is a child of either of the following shall be eligible for the program: (i) an active duty member of the Armed Forces of the United States, including the North Carolina National Guard, State military forces, or a reserve component of the Armed Forces who was ordered to active duty by the proper authority within the last 18 months or is expected to be ordered within the next 18 months or (ii) a member of the Armed Forces of the United States, including the North Carolina National Guard, State military forces, or a reserve component of the Armed Forces who was injured or killed while serving on active duty. Eligibility determinations for prekindergarten participants may continue through local education agencies and local North Carolina Partnership for Children, Inc., partnerships. "(b) Multiyear Contracts. - The Division of Child Development and Early Education shall require the NC Pre-K contractor to issue multiyear contracts for licensed private child care centers providing NC Pre-K classrooms. "(c) Programmatic Standards. - All entities operating prekindergarten classrooms shall adhere to all of the policies prescribed by the Division of Child Development and Early Education regarding programmatic standards and classroom requirements. "(d) NC Pre-K Committees. - The Division of Child Development and Early Education shall establish a standard decision-making process to be used by local NC Pre-K committees in awarding prekindergarten classroom slots and student selection. "(e) SEEK. - All prekindergarten classrooms shall be required to participate in the Subsidized Early Education for Kids (SEEK) accounting system to streamline the payment function for these classrooms with a goal of eliminating duplicative systems and streamlining the accounting and payment processes among the subsidy reimbursement systems. Prekindergarten funds transferred may be used to add these programs to SEEK. "(f) Pilot Program. - The Division of Child Development and Early Education shall create a pilot program that provides funding for NC Pre-K classrooms on a per classroom basis. The pilot program shall include three different NC Pre-K contractual regions that are geographically diverse. The local NC Pre-K administrator shall contract with the provider for operation of a classroom established pursuant to the pilot program. The Division shall provide a report on the status of the pilot program to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division no later than January 31, 2014. The report shall include the following: "(1) The number of students served. "(2) The amount of funds paid for each classroom. "(3) The amount of funds paid per student. "(4) The attendance information on students in the pilot program as compared to those students in a classroom having a traditional funding structure. "(5) Information on the number of students and students' families using the Subsidized Early Education for Kids (SEEK) system. "(6) A cost comparison of the classroom pilots to the average cost per student through the per student funding methodology. "(g) Reporting. - The Division of Child Development and Early Education shall submit an annual report no later than March 15 of each year to the Joint Legislative Commission on Governmental Operations, the Joint Legislative Oversight Committee on Health and Human Services, the Office of State Budget and Management, and the Fiscal Research Division. The report shall include the following: "(1) The number of children participating in the NC Pre-K program by county. "(2) The number of children participating in the NC Pre-K program who have never been served in other early education programs such as child care, public or private preschool, Head Start, Early Head Start, or early intervention programs. "(3) The expected NC Pre-K expenditures for the programs and the source of the local contributions. "(4) The results of an annual evaluation of the NC Pre-K program." Session Laws 2015-241, s. 12B.1, as amended by Session Laws 2016-94, s. 12B.1, provides: "(a) Eligibility. - The Department of Health and Human Services, Division of Child Development and Early Education, shall continue implementing the prekindergarten program (NC Pre-K). The NC Pre-K program shall serve children who are four years of age on or before August 31 of the program year. In determining eligibility, the Division shall establish income eligibility requirements for the program not to exceed seventy-five percent (75%) of the State median income. Up to twenty percent (20%) of children enrolled may have family incomes in excess of seventy-five percent (75%) of median income if those children have other designated risk factors. Furthermore, any age-eligible child who is a child of either of the following shall be eligible for the program: (i) an active duty member of the Armed Forces of the United States, including the North Carolina National Guard, State military forces, or a reserve component of the Armed Forces who was ordered to active duty by the proper authority within the last 18 months or is expected to be ordered within the next 18 months or (ii) a member of the Armed Forces of the United States, including the North Carolina National Guard, State military forces, or a reserve component of the Armed Forces who was injured or killed while serving on active duty. Eligibility determinations for prekindergarten participants may continue through local education agencies and local North Carolina Partnership for Children, Inc., partnerships. "Other than developmental disabilities or other chronic health issues, the Division shall not consider the health of a child as a factor in determining eligibility for participation in the NC Pre-K program. "(b) Multiyear Contracts. - The Division of Child Development and Early Education shall require the NC Pre-K contractor to issue multiyear contracts for licensed private child care centers providing NC Pre-K classrooms. "(b1) Building Standards. - Notwithstanding G.S. 110-91(4), private child care facilities and public schools operating prekindergarten classrooms shall meet the building standards for preschool students as provided in G.S. 115C-521.1. "(c) Programmatic Standards. - Except as provided in subsection (b1) of this section, entities operating prekindergarten classrooms shall adhere to all of the policies prescribed by the Division of Child Development and Early Education regarding programmatic standards and classroom requirements. "(d) NC Pre-K Committees. - Local NC Pre-K committees shall use the standard decision-making process developed by the Division of Child Development and Early Education in awarding prekindergarten classroom slots and student selection. "(e) Reporting. - The Division of Child Development and Early Education shall submit an annual report no later than March 15 of each year to the Joint Legislative Oversight Committee on Health and Human Services, the Office of State Budget and Management, and the Fiscal Research Division. The report shall include the following: "(1) The number of children participating in the NC Pre-K program by county. "(2) The number of children participating in the NC Pre-K program who have never been served in other early education programs such as child care, public or private preschool, Head Start, Early Head Start, or early intervention programs. "(3) The expected NC Pre-K expenditures for the programs and the source of the local contributions. "(4) The results of an annual evaluation of the NC Pre-K program. "(f) Audits. - The administration of the NC Pre-K program by local partnerships shall be subject to the financial and compliance audits authorized under G.S. 143B-168.14(b)." Session Laws 2017-57, s. 11B.1(a)-(f), provides: "(a) Eligibility. - The Department of Health and Human Services, Division of Child Development and Early Education, shall continue implementing the prekindergarten program (NC Pre-K). The NC Pre-K program shall serve children who are four years of age on or before August 31 of the program year. In determining eligibility, the Division shall establish income eligibility requirements for the program not to exceed seventy-five percent (75%) of the State median income. Up to twenty percent (20%) of children enrolled may have family incomes in excess of seventy-five percent (75%) of median income if those children have other designated risk factors. Furthermore, any age-eligible child who is a child of either of the following shall be eligible for the program: (i) an active duty member of the Armed Forces of the United States, including the North Carolina National Guard, State military forces, or a reserve component of the Armed Forces who was ordered to active duty by the proper authority within the last 18 months or is expected to be ordered within the next 18 months, or (ii) a member of the Armed Forces of the United States, including the North Carolina National Guard, State military forces, or a reserve component of the Armed Forces who was injured or killed while serving on active duty. Eligibility determinations for NC Pre-K participants may continue through local education agencies and local North Carolina Partnership for Children, Inc., partnerships. "Other than developmental disabilities or other chronic health issues, the Division shall not consider the health of a child as a factor in determining eligibility for participation in the NC Pre-K program. "(b) Multiyear Contracts. - The Division of Child Development and Early Education shall require the NC Pre-K contractor to issue multiyear contracts for licensed private child care centers providing NC Pre-K classrooms. "(b1) Building Standards. - Notwithstanding G.S. 110-91(4), private child care facilities and public schools operating NC Pre-K classrooms shall meet the building standards for preschool students as provided in G.S. 115C-521.1. "(c) Programmatic Standards. - Except as provided in subsection (b1) of this section, entities operating NC Pre-K classrooms shall adhere to all of the policies prescribed by the Division of Child Development and Early Education regarding programmatic standards and classroom requirements. "(d) NC Pre-K Committees. - Local NC Pre-K committees shall use the standard decision-making process developed by the Division of Child Development and Early Education in awarding NC Pre-K classroom slots and student selection. "(e) Reporting. - The Division of Child Development and Early Education shall submit an annual report no later than March 15 of each year to the Joint Legislative Oversight Committee on Health and Human Services, the Office of State Budget and Management, and the Fiscal Research Division. The report shall include the following: "(1) The number of children participating in the NC Pre-K program by county. "(2) The number of children participating in the NC Pre-K program who have never been served in other early education programs such as child care, public or private preschool, Head Start, Early Head Start, or early intervention programs. "(3) The expected NC Pre-K expenditures for the programs and the source of the local contributions. "(4) The results of an annual evaluation of the NC Pre-K program. "(f) Audits. - The administration of the NC Pre-K program by local partnerships shall be subject to the financial and compliance audits authorized under G.S. 143B-168.14(b)." Editor's Note. - Session Laws 2013-360, s. 12B.1(j), as added by Session Laws 2013-363, s. 4.3, provides: "The Department of Health and Human Services, Division of Child Development and Early Education, may exempt from licensure requirements public classrooms currently participating in the NC Pre-K program that are not yet licensed by the Division. In making its decision to exempt a public classroom from the licensure requirements, the Division shall review the available capacity of other licensed facilities in the geographic area. All public classrooms participating in the NC Pre-K program shall be licensed by the Division no later than July 1, 2014." Session Laws 2013-360, s. 12B.1(k), as added by Session Laws 2014-100, s. 12B.6, provides: "(k) The administration of the NC Pre K program by local partnerships shall be subject to the biennial financial and compliance audits authorized under G.S. 143B-168.14(b)." Session Laws 2013-360, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2013.'" Session Laws 2013-360, s. 38.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2013-2015 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2013-2015 fiscal biennium." Session Laws 2013-360, s. 38.5, is a severability clause. Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'" Session Laws 2015-241, s. 33.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium." Session Laws 2015-241, s. 33.6, is a severability clause. Session Laws 2016-94, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2016.'" Session Laws 2016-94, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2016-2017 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2016-2017 fiscal year." Session Laws 2016-94, s. 39.7, is a severability clause. Session Laws 2017-57, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2017.'" Session Laws 2017-57, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2017-2019 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2017-2019 fiscal biennium." Session Laws 2017-57, s. 39.6, is a severability clause. Session Laws 2019-32, s. 7, provides: "This act becomes effective July 1, 2019. All rules, regulations, and decisions made by the predecessor boards and authorities reconstituted in this act shall remain in full force and effect until and unless duly modified by the successor entities." Effect of Amendments. - Session Laws 2011-145, s. 10.7(c), effective July 1, 2011, in subsection (a), in the first sentence, substituted "17 members" for "15 members," in the second sentence, substituted "10" for "eight" and twice substituted "five" for "four," and added the next-to-last sentence. Session Laws 2013-360, s. 12B.1(h), effective July 1, 2013, substituted "2015" for "1986" and "2016" for "1987" in subsection (b). Session Laws 2013-363, s. 4.2, effective July 1, 2013, inserted "Pro Tempore" in subdivision (b)(2); and substituted "three" for "two" in subdivisions (b)(2) and (b)(3). Session Laws 2019-32, s. 3, in subsection (a), substituted "nine" for "seven", "eight" for "10", and "four" for "five" in the second sentence, inserted the seventh sentence, deleted the former ninth sentence, and inserted "of the members" preceding "may be employees" in the last sentence; in subsection (b), substituted "2020" for "2015" and "2021" for "2016" throughout; in subdivision (b)(1), substituted "five" for "four" and "four" for "three"; substituted "two" for "three" in subdivisions (b)(2) and (b)(3); in subsection (c), substituted "Chair" for "chairman" throughout, substituted "term expiring June 30, 2020. A successor Chair shall" for "two-year term. Chairman shall", and added the second paragraph of (c); and made minor stylistic changes. For effective date and applicability, see editor's note.