Restructuring of the State Early Childhood Advisory Council

There are administrative procedures (administrative law) that competent state actors and SECAC members or nominees agreeing to serve on any advisory council are just expected to know, study, learn, find out and adhere to that require more individual responsibility and duty than popularity.

Miss. Code Ann. § 25-43-1.101. Administrative Procedures Act. This chapter is intended to provide a minimum procedural code for the operation of all state agencies when they take action affecting the rights and duties of the public.

Miss. Code Ann. § 25-43-1.102. Definitions. (i) “Rule” means the whole or a part of an agency regulation or other statement of general applicability that implements, interprets or prescribes: (i) Law or policy, or (ii) The organization, procedure or practice requirements of an agency.  That would include identification of the quality scoring scales SECAC planned to use to expel MDHS child care providers from the CCDF program, but SECAC never identified or disclosed the scoring scales by which we would be evaluated. The collective conduct of the Council was both mentally cruel and blatantly unlawful. I have no confidence in the current SECAC membership as a result.

Miss. Code Ann. § 25-43-4.103. Small Business Regulatory Review Committee; duties, relation to Mississippi Development Authority, composition, terms, meetings, quorum. (b) Review any rule promulgated by a state agency for which notice has been given by the agency to the committee that the proposed rule has or may have an economic effect upon small business and make recommendations to the agency and or the Legislature regarding the need for a rule or legislation. https://www.sos.ms.gov/content/documents/reg_enf/admin/APA_Statute.pdf

Miss. Code Ann. § 37-21-53. Creation of Council; purpose; membership. (2) The membership of the State Early Childhood Advisory Council (SECAC) in accordance with Public Law 110-134, shall include the following members to be appointed by the Governor: (e) A representative of local providers of early childhood education and care services from each congressional district; https://codes.findlaw.com/ms/title-37-education/ms-code-sect-37-21-53.html

Part (e) was not originally in this legislation developed by Rachel Cantor.  Delta Licensed Providers, Child Care Directors Network, MLiCCI and Grassroots successfully worked with House Representatives Toby Barker and John Hines to include the language.

We were at the Capitol every day. We filled the gallery. Some discussions were pleasant. Some were not but we held our ground – we fought for and won a seat at the policy making table only to be stripped of this representation by Lori Smith and April May who recommended and appointed a provider who had been in business only seven months and others who participated in Building Blocks.

Those providers “kissed the ring” and never demanded identification of the quality scoring scales – but the state actors liked them!

Following suit, Holly Spivey is selecting her choice of nominations to move forward to the Governor. She has also left us one short. There are four Congressional Districts in Mississippi – not three!

It was the intent of John Hines and Toby Barker and legislators that we be allowed to recommend representatives from child care provider groups and that one be appointed from each Congressional District.

I am sure John Hines would like to hear from child care providers and that he would happily assist better representation for us. You can leave a message for him at the Capitol Switchboard. The number is (601) 359-3770.

Also ask SECAC Executive Director Andrea Sanders to accept a recommendation to amend the SECAC policies to include language requiring nominations from specific child care organizations we identify. You may write to her at andrea.sanders@mdcps.ms.gov .

Either way, we must insist that our work to have a voice is respected and not trampled on any further.

We are all in this time!

(We are fine with one nominee. She is privately owned and operated and serves as President of a great child care organization on the coast.)

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