COMMITTEE ON EDUCATION AND WORKFORCE 
DEVELOPMENT 
 
 
BILL NO. 
35-0098 
 
Thirty- Fifth Legislature of the Virgin Islands 
 
 
 
June 12, 2023 
 
 
 
An Act amending title 3 Virgin Islands Code by adding a new chapter 7A establishing the 
Virgin Islands Office of Early Childhood 
 
 
 
PROPOSED BY: 
 
 
Senator Marise C. James  
Be it enacted by the Legislature of the Virgin Islands:  
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SECTION 1.  Title 3 Virgin Islands Code is amended by adding a new chapter 7A to 
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read as follows: 
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“Chapter 7A. Office of Early Childhood 
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§ 105. Office of Early Childhood; Director; responsibilities; successor  
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(a) 
There is established an Office of Early Childhood. The office  is under the direction 
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of the Director of Early Childhood, whose appointment shall be made by the Governor. The 
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Director  is responsible for implementing the policies and directives of the Office. The director  
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may designate any employee as  an agent to exercise all or part of the authority, powers, and 
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duties of the director in  the director’s absence.  The Office is within the Department of 
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Education for administrative purposes only. 
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(b) 
The Office is responsible for: 
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(1) 
Delivering services to young children from birth to eight years of age and 
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their families to ensure optimal health, safety, and learning for each young child. 
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(2) 
Developing and implementing the early childhood information system, in 
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accordance with the provisions of section 105c of this chapter. 
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(3) 
Developing and reporting on the early childhood accountability plan, in 
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accordance with the provisions of section 105d of this chapter. 
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(4) 
Implementing a communications strategy for outreach to families, service 
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providers, and policymakers; 
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(5) 
Beginning a territory-wide longitudinal evaluation of the school readiness 
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program, examining the educational progress of children from prekindergarten programs 
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to grade four, inclusive;  
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(6) 
Developing, coordinating, and supporting public and private partnerships to 
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aid early childhood initiatives;  
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(7) 
Developing a territory-wide developmentally appropriate kindergarten 
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entrance inventory that measures a child's level of preparedness for kindergarten, but 
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shall not be used as a measurement tool for program accountability;  
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(8) 
Creating a unified set of reporting requirements for the purpose of collecting 
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the data elements necessary to perform quality assessments and longitudinal analysis;  
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(9) 
Comparing and analyzing data collected pursuant to reporting requirements 
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created under subdivision of this subsection with the data collected in the territory-wide 
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public school information system, for population-level analysis of children and families; 
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(10) Continually monitoring and evaluating all early care and education and child 
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development programs and services, focusing on program outcomes in satisfying the 
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health, safety, developmental, and educational needs of all children, while retaining 
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distinct separation between quality improvement services and licensing services for 
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childcare centers;  
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(11) Coordinating home visitation services across programs for young children; 
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(12) Providing information and technical assistance to persons seeking early care 
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and education and child development programs and services; 
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(13) Assisting departments and agencies in obtaining available federal funding for 
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early care and education and child development programs and services;  
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(14) Providing technical assistance to providers of early care and education 
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programs and services to obtain licensing and improve program quality; 
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(15) Establishing a quality rating and improvement system developed by the 
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Office that covers home-based, center-based and school-based early childcare and 
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learning; 
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(16) Maintaining an accreditation facilitation initiative to assist early childhood 
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care and education program and service providers in achieving national standards and 
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program improvement; 
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(17) Administering any programs assigned to the Office administratively by the 
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Governor pursuant to his or her powers or any programs for which the Governor 
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designates the Office as the lead agency in the territory for a federal program; 
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(18) Ensuring a coordinated and comprehensive territory-wide system of 
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professional development for providers and staff of early care and education and child 
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development programs and services; 
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(19) Providing families with opportunities for choice in services including quality 
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childcare and community-based family-centered services; 
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(20) Integrating early childhood care and education and special education 
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services; 
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(21) Promoting universal access to early childhood care and education; 
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(22) Ensuring nonduplication of monitoring and evaluation; 
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(23) Performing any other activities that will assist in the provision of early care 
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and education and child development programs and services; 
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(24) Developing early learning and development standards to be used by early 
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care and education providers; 
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(25) Developing and implementing a performance-based evaluation system to 
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evaluate licensed childcare centers; and  
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(26) Promoting the delivery of services to infants and toddlers to ensure optimal 
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health, safety, and learning of children from birth to three years of age. 
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(c) 
The Office of Early Childhood may enter into memoranda of agreement with and 
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accept donations from non-profit and philanthropic organizations to accomplish the purposes 
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of this section. 
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(d) 
The commissioners of Education, Health, and Human Services, with the 
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concurrence of the Governor,  may transfer programs relating to early childhood education 
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from their respective departments to the Office of Early Childhood, as long as such programs 
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are not expressly assigned to their department by statute. 
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(e) 
The Head Start Office  must be based in the Office of Early Childhood. 
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§ 105a.  Cooperation and coordination with other agencies and departments 
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It is the duty of all other departments, agencies, officers, and employees to assure the 
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most effective coordination and use of territorial resources, personnel, and facilities for the 
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benefit of children and youths and to assist the Office of Early Childhood in effectuating the 
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purposes of this chapter by making available to the Office upon request of the director and to 
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the extent permissible by law the services, resources, personnel, and facilities of their 
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respective departments and agencies. 
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§ 105b. Office authorized to establish non-profit corporation; requirements; annual 
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report  
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(a) 
The Office of Early Childhood may incorporate a non-profit corporation that could 
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qualify as a public foundation under Section 501(c)(3) of the Internal Revenue Code to aid the 
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department in carrying out any of its powers and in accomplishing any of its purposes. Any 
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non-profit corporation created pursuant to this power must be  organized pursuant to title 13, 
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chapter 3, and the Lieutenant Governor  may accept such filing. 
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(b) 
Any non-profit corporation created pursuant to this section  is subject to the 
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following provisions:  
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(1) 
In accordance with the laws of the Virgin Islands, no governmental functions 
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or regulatory powers  may conducted by any such non-profit corporation;  
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(2) 
Upon dissolution of any such non-profit corporation incorporated by the 
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Office, any assets must revert to the Office or to any successor to the Office or, failing 
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such succession, to the Territory of the Virgin Islands;  
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(3) 
As used in this paragraph, the term "direct employee costs" means salary, 
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benefits, and travel expenses. To avoid the appearance of undue influence on regulatory 
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functions by donors, no donations to any such non-profit corporation from private 
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sources shall be used for direct employee costs of the Office;  
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(4) 
Any such non-profit corporation  be subject to all laws relating to open 
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meetings and the inspection of public records; 
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(5) 
The Office  is not liable for the action or omission to act of any such non-
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profit corporation; 
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(6) 
No debts, bonds, notes, or other obligations incurred by any such non-profit 
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corporation  may constitute an indebtedness or obligation of the Territory of the Virgin 
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Islands nor may any act of any such non-profit corporation constitute or result in the 
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creation of an indebtedness of the Government of the Virgin Islands. No holder or holders 
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of any such bonds, notes, or other obligations shall ever have the right to compel any 
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exercise of the taxing power of the  Government of  the Virgin Islands nor to enforce the 
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payment thereof against the  Government of the Virgin Islands; and 
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(7) 
Any non-profit corporation created pursuant to this section   may not acquire 
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or hold a fee simple interest in real property by any method, including but not limited to 
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gift, purchase, condemnation, devise, court order, and exchange. 
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(c) 
Pursuant to this section, the Office may establish a non-profit corporation to be 
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designated as the “Virgin Islands Foundation for Early Care and Education” to promote public-
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private partnerships between businesses, non-profit organizations, institutions of higher 
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education, local school systems, public schools, and early care and education programs for the 
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purpose of supporting educational excellence for children and families. Funds received by the 
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foundation may be awarded through a competitive grant process administered by the Office. 
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The Virgin Islands Legislature may appropriate funds for purposes of this foundation. 
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(d) 
Any non-profit corporation created pursuant to this section shall make public and 
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provide an annual report showing the identity of all donors and the amount each person or 
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entity donated as well as all expenditures or other disposal of money or property donated. 
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§ 105c. Early childhood information system  
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(a) 
The Office of Early Childhood shall develop and implement an early childhood 
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information system. Such early childhood information system shall facilitate and encourage 
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the sharing of data between and among early childhood service providers by tracking  
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(1) 
The health, safety and school readiness of all young children receiving early 
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care and education services from  
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(A) any school readiness program; or  
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(B) any program receiving public funding, 
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(2) 
The characteristics of the existing and potential workforce serving such 
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children,  
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(3) 
The characteristics of such programs serving such children, and 
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(4) 
Data collected from the preschool experience survey. 
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(b) 
Any school readiness program or any child care center, licensed by the  Department 
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of Education or the Office of Early childhood, shall ensure that all children and all staff of a 
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school under the jurisdiction of such program or center are entered into the early childhood 
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information system.  
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§ 105d. Early childhood accountability plan; report cards. Report  
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(a) 
Not later than December 31, 2023, the Office of Early Childhood shall develop an 
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early childhood accountability plan. Such plan  must  
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(1) 
identity and define appropriate population indicators and program and system 
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performance measures of the health, safety and readiness of children to enter 
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kindergarten, and early school success of children, and  must identity any new or 
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improved data required for such purposes; and  
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(2) 
include aggregate information on the characteristics of children and programs 
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tracked by the early childhood information system, developed pursuant to this section 
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including, but not limited to, family income, whether the families of such children receive 
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assistance through temporary assistance for needy families, or a similar program, and the 
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communities in which such children reside using a performance measurement 
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accountability framework. 
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(b) 
Not later than 2024, and annually thereafter, the Ofice shall develop report cards 
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containing the indicators and performance measures identified in the early childhood 
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accountability plan. 
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(c) 
Not later than 2024, the Office of Early Childhood shall  
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(1) 
submit the early childhood accountability plan; and  
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(2) 
annually report on the results of such plan and report cards to the Committee 
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of the Legislature having cognizance of matters relating to education and appropriations.  
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§ 105e. Creation of document regarding developmental milestones. Posting of document  
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(a) 
Not later than January 1, 2024, the Office of Early Childhood shall create a one-
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page document that  
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(1) 
lists important developmental milestones experienced by children ages birth 
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to five years; and  
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(2) 
contains notice that any parent or guardian who is concerned that such parent 
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or guardian's child has not met one or more such developmental milestones may access 
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the Office of Early Childhood Child Development Infoline for information concerning 
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appropriate services. The Office shall make such document available on its website. 
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(b) 
On and after February 1, 2024, each operator of a childcare center, shall post a copy 
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of the document developed pursuant to subsection (a) of this section in a conspicuous place on 
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the premises of such child care center. 
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§ 105f. Preschool experience survey 
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On or before March 1, 2024, the Director of Early Childhood, in consultation with the 
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Department of Education, shall develop a preschool experience survey that  must be included 
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in kindergarten registration materials provided to parents or guardians of children enrolling in 
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kindergarten.  The board shall use such survey to collect information regarding (i) whether the 
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child enrolling in kindergarten has participated in a preschool program, and (ii) if such child 
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has participated in a preschool program, the nature, length and setting of such preschool 
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program, or (iii) if the child has not participated in a preschool program, the reasons why such 
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child did not participate in a preschool program, including, but not limited to, financial 
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difficulty, lack of transportation, parental choice regarding enrollment, limitations related to 
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the hours of operation of available preschool programs and any other barriers to participation 
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in a preschool program. No parent or guardian of such child shall be required to complete such 
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survey as a condition of such child's enrollment in kindergarten. 
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§ 105g. Competitive grants for schools  
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The Office of Early Childhood, in collaboration with the Department of Education, may 
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offer from funds  that may originate from public, private, federal or philanthropic sources, a 
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competitive grant for up to three schools to develop and implement a strategy to promote the 
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social and emotional well-being and health of preschool children from age three to children in 
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third grade, with a focus on instructional tools and family engagement. Up to five per cent of 
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the grant funds provided under this section for any fiscal year may be used to pay for 
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administrative costs. 
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§ 105h.  Assigned to the Department of Education for administrative purposes 
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(a) 
The Office of Early Childhood is assigned to the Department of Education for 
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administrative purposes only and shall:  
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(1) 
exercise any quasi-judicial, rule-making or regulatory authority, licensing 
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and policy-making functions  that it may have independent of  the Department of 
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Education and without approval or control of the  Department of Education  
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(2) 
prepare its budget, if any, and submit its budgetary requests through the 
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Department of Education ; and  
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(3) 
hire its own personnel or enter into contracts, if authorized bylaw. 
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(b) 
The Department of Education to which the Office of Early Childhood is assigned 
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for administrative purposes only shall:  
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(1) 
provide record keeping, reporting, and related administrative and clerical 
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functions for the Office to the extent determined necessary by the Commissioner of 
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Education;  
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(2) 
disseminate for the Office any required notices, rules or orders adopted, 
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amended or repealed by the Office;  
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(3) 
provide statistics for the Office subject to the provisions of subparagraph (3) 
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of subsection(a) of this section; and  
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(4) 
include in the Departmental budget the Office’s budgetary request, if any, as 
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a separate part of said budget and exactly as prepared and submitted to the Department 
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by the Office. 
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(c) 
The Office shall hire personnel, including but not limited to specialist, analysts, 
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coordinators, administrative and clerical staff based on practices and procedures set forth in 
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title 3, chapter 25 and title 24, chapter 14 of the Virgin Islands Code, and other practices and 
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procedures of the Government of the Virgin Islands.” 
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SECTION 2. (a) The sum of $ _____________is appropriated from the General Fund of 
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the Government of the Virgin Islands in the fiscal year ending 2023, for the initial funding of 
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the Virgin Islands Office of Early Childhood, and to secure the services of the BUILD initiative 
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to help develop systems, programs, services, and policies on the territorial level that help 
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children to succeed. 
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(b) 
The sum appropriated in subsection (a) remains available until expended. 
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BILL SUMMARY 
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This Bill amends title 3 of the Virgin Islands Code by adding a new Chapter 7A creating 
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the Virgin Islands Office of Early Childhood. The new chapter is divided into nine sections. 
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Section 105 establishes the Director as head of the Office and lists it responsibilities. It further 
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mandates that Head Start will be based within the Office. Section 105a outlines the necessary 
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cooperation and coordination with other Agencies and Departments. Section 105b authorizes 
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the Office to establish a non-profit corporation.  Section 105c details the development and 
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implementation of an early childhood information system, and section 105d. details the 
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development of an early childhood accountability plan. Section 105e provides for the creation 
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of a one-page document that lists important developmental milestones experienced by children 
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ages birth to five years. Section 105f establishes the development a preschool experience 
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survey that shall be included in kindergarten registration materials provided to parents or 
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guardians of children enrolling in kindergarten. Section 105g provides for the awarding of a 
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competitive grant for up to three schools to develop and implement a strategy to promote the 
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social and emotional well-being and health of preschool children from age three to children in 
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third grade.  Finally, Section 105h establishes that the Office of Early Childhood is assigned to 
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the Department of Education for administrative purposes only. 
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BR23-0256/February 6, 2023/LMW  
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