New Jersey is the first state in the nation to implement
a court-mandated public
preschool program. In the 1998 Abbott
v. Burke (Abbott V) decision, the New Jersey Supreme Court
ruled that the State is required to offer all three- and four-year-old children
in New Jersey’s lowest-income
school districts – now known as the Abbott districts – a “well-planned,
high quality” preschool program, as a part of its constitutional obligation
to provide every child with a “thorough and efficient” education
under
the New Jersey Constitution. Approximately one quarter of New Jersey’s
school children reside in one of the State's thirty-one Abbott districts and
are
therefore
eligible
for
the Abbott
preschool program.
Now in its seventh year of implementation, the Abbott preschool program has
become a model of high quality, state-funded preschool.
New Jersey's Abbott preschool
program is one of the highest quality pre-k programs in the nation. The basic quality standards are:
• Certified teacher and an assistant teacher for each class
• Maximum class size of 15 students
• Adequate facilities
• Transportation, health and other related services, as needed
• Developmentally appropriate preschool curriculum
• Adequate state funding for all programs
These standards are rooted in the New Jersey Supreme Court’s rulings
and implemented through comprehensive regulations and learning
standards.
Expert testimony presented by the plaintiffs in the Abbott case on the benefits
and components of high quality preschool provided the foundation for the Supreme
Court’s rulings. The Court recognized the critical importance of high
quality programs in preparing disadvantaged students to succeed in school and
accepted the standards presented by plaintiffs’ witness.
Abbott V mandated “well-planned, high quality” preschool, but provided
limited guidance on the specific standards to meet this mandate. The decision
also authorized the use of existing community childcare programs to implement
the preschool mandate. Initially, the State authorized Abbott districts to contract
with community childcare programs to provide preschool, but did not require
community programs to meet the same quality standards as district-run preschools.
In Abbott VI (2000), plaintiffs
returned to court challenging the disparities in quality between district-run
and community-based preschool programs, including the use of uncertified teachers
in community programs. Plaintiffs also challenged the State’s failure
to develop comprehensive preschool learning standards. The Supreme Court ordered
the State to eliminate the “two-tiered” system and detailed the
standards for the “well-planned, high quality” preschool education
that must be provided to all Abbott children in all preschool settings.
Abbott districts are required to utilize community childcare and Head Start programs to provide preschool,
but only if those programs are “able and willing” to meet the teacher
quality, class size and other program standards. These programs are an integral
part of the Abbott preschool program. During the 2002-03 school year, nearly
70 percent of all Abbott preschoolers were enrolled in a community childcare or Head Start program.
The State did not initially include children enrolled in Head Start in the
Abbott preschool program. Plaintiffs returned to court on a second enforcement
action in Abbott VIII (2002) seeking an order requiring the State to provide children
in a Head Start program with the same quality program as children in district-run
and community provider preschools. The Supreme Court ordered the State to include
Head Start in the Abbott program and to provide reasonable funds to help Head
Start and other community providers meet the program quality standards.
All teachers, whether in public schools, community childcare centers or Head
Start, must be state-certified to teach preschool through grade 3 (P-3). In
Abbott VI (2000), the Court set a deadline – September
2004 – for teachers in community programs to obtain a bachelor’s
degree and certification in early childhood education. In Abbott VIII (2002), the Court ordered the State to provide reasonable funds
to help Head Start and other community providers meet the standards for the
Abbott program, including funds to help retain qualified staff by raising teacher
salaries to that of public school districts. In June 2004, the Supreme Court
entered an order on the State’s motion granting a limited extension of the September 2004 teacher certification deadline to a small number of teachers
in community provider programs who had worked diligently to meet teacher certification
requirements, but were unable to do so.
The teacher certification requirement has created numerous challenges in quickly
developing a qualified preschool teacher workforce. The State’s efforts
are detailed and analyzed in the following reports:
Using Pressure and Support to Create a Qualified Workforce. Sharon Ryan and Debra J.
Ackerman, Rutgers University. Education Policy Analysis Archives. 13(23).
(March 2005).
Getting
Qualified: A Report on the Efforts of Preschool Teachers in New Jersey’s
Abbott Districts to Improve their Qualifications. Sharon Ryan & Debra J. Ackerman. National Institute for Early Education
Research (NIEER). (2004).
The 2004 Deadline: Support for Extension of Time for Abbott Teachers. Early
Care and Education Coalition Position Statement. (2003).
Abbott V required districts to implement a half-day program for all three- and four- year olds, but the Court left open the possibility for a full-day program, if the districts could demonstrate need. After the first year of implementation in 1999, State officials recognized that the only effective way to reach all children, especially those with working parents, was to offer a more extensive program, with extended hours. Under current State regulations, Abbott school districts are required to offer a "full-day,
full-year" program. This program provides preschool education for six-hours a day, 180 days per school year, and must offer "wraparound" services that allow programs to operate up to 10 hours a day, as well as summer and holiday hours.
All children living in the Abbott districts, regardless of income or parental
status, are eligible to enroll in the preschool program. During
the 2004-2005 school
year, 74% of eligible preschoolers were enrolled. The NJ Department
of Education approved funding for 84% of all Abbott preschoolers in 2005-2006.
Abbott districts are required to develop a plan
for full enrollment that includes
outreach and recruitment procedures, and are expected to enroll ninety
percent of
the eligible preschool universe by the 2005-2006 school year. Under the Supreme
Court’s ruling in Abbott
VIII (2002),
the State must work with a district to develop and implement a corrective action
plan to increase enrollment if the district fails to meet State enrollment
targets.
The Abbott VIII ruling also requires districts to have a plan for
temporary facilities to accommodate children seeking enrollment in the event
permanent
facilities are unavailable.
An analysis of enrollment data and a discussion of barriers to full enrollment
are presented in The Abbott Preschool Program: Fifth Year Report on Enrollment
and Budget.
Erain Applewhite & Lesley Hirsch. Education Law Center. (2003).
Prior to the ruling in Abbott V, New Jersey provided limited funding
for preschool education and did not require any district to offer preschool
for at-risk students.
In contrast, in the seven years since the Supreme Court’s preschool mandate,
New Jersey’s legislative and executive branches have embraced the Abbott
preschool program as a critical component of urban education reform and improvement,
and have been willing to appropriate substantial funding for the program.
The Abbott preschool program is fully
funded by the State in most
districts, although a few districts make up small gaps in state preschool aid
with local revenue. In Board of Educ. of City of
Millville v. NJ Dept. of Educ. (2005), the New Jersey Supreme Court ruled
that the State could require school districts to reallocate funding from
other programs to the preschool program only if the State assumed
responsibility for making up shortfalls in other programs, unless it could
demonstrate availability of district funds not needed by the other programs.
In order to direct reallocation of district funds to make up for shortfalls
caused by the State’s preschool funding formulas, the Court found the
Commissioner of Education must first prove that the reallocation will not
compromise any of the district’s educational programs.
The State's budget for the Abbott preschool program
increased by 47 percent, from $258 million to $380 million, between 2001-02
and 2002-03 . Annual funding for the program has increased each year since:
$407 million in 2003-04;
$447.7 million in 2004-05;
and $455 million in 2005-06. NIEER’s
national survey of state preschool programs found that “New
Jersey commits more money per child enrolled and more money per 3-year-old
statewide than any other state and ranks second in the nation on spending
per 4-year-olds.”
This funding, in turn, supports New Jersey’s high quality standards
and high student enrollment.
Adequate and safe preschool facilities have been the largest obstacle to full
implementation of the Abbott preschool program. The Supreme Court in Abbott
V directed the State to prioritize construction of “educationally adequate
facilities” for the preschool program at the same time it authorized the
use of community childcare providers to implement the preschool program. Following
the Abbott V ruling, however, no mechanism was established to assess the educational
adequacy of community provider and Head Start facilities. Consequently, there
is no information on the safety and adequacy of these programs and no plan to
upgrade buildings or construct new facilities for community providers or Head
Start programs, even though the majority of Abbott children attend preschool
in one of these settings. Moreover, State regulations exclude most community
provider and Head Start programs from access to State school facilities funding.
While the State has moved forward with school construction for district-run
preschool programs, the State lacks a policy on building and upgrading facilities
for community providers and Head Start programs. This failure has serious ramifications
for the safety and adequacy of preschool classrooms, since nearly seventy percent
of Abbott preschoolers attend a program in a community provider or Head Start
facility.
State policy on preschool facilities is discussed and analyzed in the following
reports:
New Jersey Department of Education Proposed Facilities Regulations: Analysis
of Preschool Issues.
Joan Ponessa & Ellen Boylan. Education Law Center. (2004).
Planning for Quality: Ensuring Adequacy for All Abbott Preschool Facilities. Cynthia
Rice (Association for Children of New Jersey) & Joan Ponessa (Education
Law Center). (2004).
A 2005 study by NIEER, The
Effects of New Jersey’s Abbott Preschool Program on Young Children’s School
Readiness, found marked improvement in the early language, literacy,
and math skills for 2,072 entering kindergarteners who had participated in
the Abbott pre-k program in 21 Abbott school districts. Specifically, the study
found that four-year-olds
who attended the Abbott pre-k program:
- Increased receptive vocabulary scores by an additional four months,
a particularly significant finding since this measure is strongly predictive
of general cognitive abilities.
- Increased scores on measures of early math skills by 24 percent over
the course of the year.
- Increased print awareness scores by 61 percent over the course of the
year -- children who attended the program know more letters, more letter-sound
associations, and are more familiar with words and book concepts at entry
to kindergarten.
The study measured gains for children who had attended the program at age
4, although the study’s authors note that results may in fact be an estimate
of two years of pre-k, since most children start the Abbott program at age
3. NIEER plans to address in subsequent reports the impact of two years
of preschool in the Abbott program.
Another report issued in 2005, Giant
Steps for the Littlest Children: Progress in the Sixth Year of the Abbott
Preschool Program, shows
the Abbott preschool program has made significant gains in classroom quality
and
student preparation for kindergarten. The report, prepared by the Early
Learning Improvement Consortium (ELIC), a partnership between the New Jersey
Department of Education and early childhood experts at several New Jersey
state colleges and universities, finds marked progress in classroom quality
from 1999-2000 to 2004-2005, as measured on a seven point rating scale
(Early Childhood Environment Rating Scale/Revised-ECERS-R). Additionally,
the report details the results of a new research design - "regression-discontinuity" statistical
design - that found the Abbott preschool program significantly improved language
and literacy skills for
entering kindergarteners.
The New Jersey Department of Education is undertaking a longitudinal study
of Abbott preschoolers.
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