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Overview

Early childhood research plays a critical role in the effort to establish the legal right to preschool. Scientific studies show that such programs provide children with skills essential to school success, and can help close the achievement gap between low-income children and their more affluent peers. Findings on the benefits of preschool have proved pivotal in court cases and other advocacy efforts. Such evidence, for example, persuaded New Jersey’s Supreme Court to order funding for preschool in its 30 lowest-income school districts, as a way of lifting students’ language and cognitive skills in those districts, so the children would be better prepared for school. In Massachusetts, a trial court judge cited similar evidence in recommending state funding for preschool, as well as research showing benefits to the larger community, including lower rates of crime and a more educated, productive workforce. While the research has historically focused on economically disadvantaged children, a growing body of literature also shows that many middle class children can benefit from high quality preschool. This evidence will help lawyers develop legal arguments to expand preschool as a legal remedy for not just low-income children, but also for middle income preschoolers, who are unserved by Head Start and most state’s targeted preschool programs. Evidence on the benefits for middle income children is particularly useful to policy-makers and advocates working to create universal access to preschool and support for other publicly funded early education programs.

Legal Cases

New Jersey's Abbott v. Burke case and Massachusetts' Hancock v. Driscoll trial court decision show how central early childhood research can be in winning a favorable court ruling. Although the Massachusetts Supreme Judicial Court (SJC) in Hancock overturned the trial court’s finding that the school funding system was unconstitutional and, in the process, rejected that trial court’s recommendation that the state fund a preschool program for at-risk children, the trial court’s detailed factual findings and proposed remedy on preschool illustrate how plaintiff’s proofs at trial can influence a favorable court ruling.

Both Abbott and Hancock challenged the states' school finance systems, charging the state failed to provide high-poverty school districts with the resources necessary for students to get a constitutionally adequate public education - one that would help prepare students for their roles as citizens and competitors in a global workforce. Thus, the children in those districts, who have the greatest educational needs due to their low socioeconomic status, are disadvantaged when compared with their peers in more affluent districts. The New Jersey Supreme Court in Abbott and the Massachusetts trial court in Hancock adopted the states' established curriculum standards as the guideline for an adequate education. The courts then accepted scientific studies as evidence that preschool could serve as a remedy, helping disadvantaged children to arrive in kindergarten with the same skills as their more advantaged peers from other districts, thereby ready to master the curriculum standards and attain a constitutionally adequate education. In New Jersey, the Supreme Court found the evidence so compelling that it mandated "well-planned, high quality" preschool for every 3- and 4-year-old living in the 30 lowest-income districts, now known as the Abbott districts. New Jersey thus became the first state to establish a constitutional duty on the part of the state to provide preschool education. The Massachusetts trial court judge similarly recommended preschool as a remedy for three- and four-year-olds at-risk for school failure, defined by the judge as low-income students, special education students and English language learners. The SJC ultimately rejected the trial court’s finding of an unconstitutional school funding system and this recommended remedy.

The Supreme Court in Abbott and the trial court in Hancock found the testimony of Dr. Steve Barnett, director of the National Institute for Early Education Research (NIEER) at Rutgers University to be particularly persuasive. As a leading educational economist, Barnett detailed the ways that preschool can help children from low income families with language, cognitive, social and even emotional skills so that they start school on par with their more affluent peers. The courts adopted Dr. Barnett’s testimony on the benefits of high quality preschool for disadvantaged children, citing the potential for such programs to improve children’s school readiness, socialization skills and school performance, as well as the potential for such programs to reduce the need for remedial programs or special education for disadvantaged children. The trial court in Massachusetts also cited Dr. Barnett’s testimony on the long-term benefits, including increased high school graduation rates and college attendance, better employment and reduced crime among children who graduate from good preschool programs. Of equal importance, the Supreme Court in Abbott and trial court in Hancock also adopted Dr. Barnett’s testimony that preschool education programs must be high quality if they are to be effective. Research-based standards for high quality, as found by the courts in both cases, include college-educated teachers certified in early education, small classes, and high standards for learning and teaching.

Support For State Initiatives

Governors, state lawmakers, business leaders and grassroots activists seeking to expand and improve public preschool initiatives also find the scientific evidence extremely helpful. California lawmakers used the specific finding that “[e]arly childhood education programs for children of low-income families have been shown to increase high school graduation rates and college entry rates, to reduce the need for special education and grade level retention, and to reduce high school dropout rates” when they launched a state-funded preschool program for at-risk children. Similarly, the Arkansas legislature cited research on school achievement when creating its state preschool program: “Low-income children who receive high-quality early care and education score significantly higher on tests of reading and math from their primary years through middle adolescence.” In establishing the Department of Early Learning in 2006, the state of Washington acknowledged that “[r]esearch across disciplines now demonstrates that what happens in the earliest years makes a critical difference in children's readiness to succeed in school and life” and found that “the early years of a child's life are critical to the child's healthy brain development and that the quality of caregiving during the early years can significantly impact the child's intellectual, social, and emotional development.”

A number of governors have cited research evidence of the benefits of preschool education to support pre-k initiatives in recent State of the State or budget addresses. Gov. Timothy Kaine of Virginia urged expansion of pre-k and other early childhood initiatives in 2006, commenting that “[r]esearch demonstrates that children with access to pre-kindergarten have greater success in school, and throughout life, and require fewer social services, special education, or criminal justice intervention.” Gov. Rod R. Blagojevich of Illinois pointed to specific achievement and economic outcomes when announcing his “Preschool for All” initiative in 2006: “Countless studies demonstrate the benefits of early learning in preschool. Students who begin reading at age three or four do better throughout their academic careers. Students who attend preschool are 20 percent more likely to graduate high school, 41 percent less likely to need special education and 42 percent less likely to be arrested for committing a violent crime. Studies also show that for every dollar spent on early childhood education, society saves at least $7 through decreased reliance on social services.” Similar scientific evidence, particularly the results of the High/Scope Perry Preschool study, also encouraged Gov. Mike Rounds of South Dakota to include state funding for four-year-old preschool education as part of his “2010 Education Initiative” in 2006. In calling for increased funding to serve 3000 more children in high quality preschool programs, Gov. Linda Lingle of Hawaii stated, “[s]tudy after study has shown that early childhood education is a key to success later in life.” Similarly, Gov. Kathleen Blanco of Louisiana called on the legislature to provide an additional $20 million to expand that state’s LA-4 pre-k program: "Study after study shows that reaching and teaching children at an early age equals success in school and later in life.”

Support for High Standards

The scientific studies are also key because they show that only high quality programs are effective in preparing 3- and 4-year old children for academic and social success. There is also evidence that disadvantaged children, who are at the greatest risk for school failure, are more strongly influenced by a high quality preschool program. A research review conducted by Dr. Barnett at NIEER, along with other surveys and research conducted by Dr. Barnett, reveal the following components of quality preschool programs:

Small class size and low child-teacher ratio; the best practice is no more than 15 students, with a teacher and an aide.

Highly-qualified lead teachers with at least a bachelor’s degree and specialized training in early education.

• Curricula must be developmentally appropriate, intellectually rich and sufficiently broad to address children’s needs in all learning domains.

• Adequate resources and technical assistance to support best practices, professional development and ongoing evaluation and accountability.

• Partnership with parents, and programming that accommodates diverse family needs, including extended hours, summer and holiday care.

• Well-equipped, safe facilities suited to the needs of young children.

A recent report from the National Prekindergarten Study, Who's Teaching Our Youngest Students?, creates the first national portrait of the average prekindergarten teacher in state programs. The study finds that one in four prekindergarten teachers do not have a bachelor's degree and that it is not uncommon for prekindergarten teachers to lack the basic credentials required by their state.

Benefits for Children

There are now many studies detailing the benefits of high quality preschool for economically disadvantaged children, but three are considered the most authoritative: the Chicago Longitudinal Study, conducted at Chicago Parent Child Centers in Illinois, the Carolina Abecedarian Project and the High Scope/Perry Preschool Project. All three are rigorous, long-term studies, which report increased high school graduation and college attendance rates among the graduates of high quality preschool programs.

a. High/Scope Perry Preschool Program: This study evaluates the effects of the Perry preschool curriculum on low-income 3- and 4- year-old children at-risk of school failure who attended the Ypsilanti, Michigan program from 1962-1967. Among the findings: Participants were significantly more likely to graduate from high school (65% vs. 45%) and outperformed the non-program group on various academic measures throughout childhood and continued to exceed them in literacy tests as adults. The most recent findings show that at age 40, the long-term benefits have continued. Participants had median annual incomes approximately $5,000 higher and were far more likely to have a savings account and own their own home. Moreover, the program group had significantly fewer arrests than non-participants.

b. The Carolina Abecedarian Project: This study evaluates the effects of a high quality early education program provided to low income children ages 0 to 5 in a North Carolina child care setting. Among the findings for the program: Participants have higher cognitive test scores from toddler years to age 21. They also have more years of education and higher college attendance rate.

c. Chicago Longitudinal Study: This study, started in 1986, tracks the effects of the Chicago Parent Centers’ early childhood intervention program that emphasizes parent involvement and the development of literacy skills. Studies show that participants who started the program in their preschool years tend to have higher achievement in school, higher rates of schooling through age 20, lower rates of school dropout, lower rates of juvenile arrest for violent and non-violent offenses, and less need for school remedial services.

Dr. Steve Barnett of NIEER presents an overview of these three studies and other research evidence of how low-income children benefit from preschool in a book chapter Early Childhood Education, Chapter 1 in the book School Reform Proposals: The Research Evidence. (Information Age Publishing, 2002), edited by Alex Molnar.

A growing body of literature shows that preschool can provide significant benefit to many middle-income children as well. A study by NIEER of the effects of state-funded, high-quality pre-k programs in five states -- Michigan, New Jersey, Oklahoma, South Carolina and West Virginia - found that children in each of these states showed significant gains in early language, literacy, and mathematical development. School readiness gains were significant for all children, regardless of ethnicity or economic background. Similarly, the most recent study of the Oklahoma preschool program found that the benefits of high quality preschool went across all socio-economic groups. The Oklahoma study also suggests that the most disadvantaged children tend to gain more benefits in a program that includes middle-income children. This research can be particularly helpful in promoting universal access to high quality preschool education.

A policy report by NIEER, The Benefits of Prekindergarten for Middle-Income Children, analyzes the research on access to and gains made in high quality preschool programs for children from middle-income families and finds that the need for such programs does not stop at the eligibility limits for Head Start and state targeted programs, but rather proceeds on a continuum up the income scale. The report concludes that many middle-income children, particularly those at the lower end of middle income, do not have the opportunity to attend high quality preschool programs, and as a result, start school unprepared. The report recommends expansion of publicly funded preschool programs to include middle-income children and the strengthening of quality standards for existing childcare and early education programs.

Another NIEER policy brief, Who Goes to Preschool and Why Does it Matter?, found that preschool enrollment is lowest among children from middle income families making up to $50,000 per year. Further discussion of the emerging evidence on school readiness deficits for middle-income students and the benefits of high quality preschool for these children is available in NIEER’s policy brief, The Universal v. Targeted Debate: Should the United States Have Preschool for All?

Economic Benefits for Society

The scientific evidence also shows that quality preschool provides a high return to society. With graduates of preschool more highly educated, communities spend less money on remedial services, special education and criminal justice. This research is particularly useful in the legislative and public policy arenas, where public officials are concerned about long-term costs and benefits. The trial judge in the Driscoll case cited some of these long-range benefits in her report. In its Abbott V ruling, the New Jersey Supreme Court also recognized preschool funding as an “investment” rather than an expense, based on studies that show how preschool boosts student achievement, saving the state the costs of remedial and special education programs.

Recent papers on the economic benefits of preschool education include:

The Cost and Benefits of Universal Preschool in California. RAND Corporation. (March 2005). Unlike other studies that have explored the economic benefits of preschool for economically disadvantaged children, this study is the first to provide a detailed cost analysis for universal preschool in California, open to every 4-year-old without regard to income. Study concludes that state would yield more than $2 in economic benefit for every $1 spent by reducing the number of students held back in school, increasing the number of high school graduates and cutting the number of children who enter the juvenile justice system.

The Productivity Argument for Investing in Young Children. James Heckman & Dimitriy Masterov. Committee for Economic Development. (2004). Working paper presents data showing that over 20 percent of American workers are functionally illiterate and innumerate, making the U.S. less competitive in the global economy. According to the authors, illiteracy and innumeracy are more predominant in minority populations on which America must depend for growth in its future work force. The authors argue for investment in high quality early childhood education programs as an economic strategy to combat these negative labor and economic trends, citing solid research demonstrating that such programs have a strong track record of promoting short- and long-term achievement for disadvantaged children and economic benefits for society.

Early Childhood Development: Economic Development with a High Public Return.
Art Rolnick & Rob Grunewald. Federal Reserve Bank of Minneapolis (March 2003). This paper reveals that early childhood education programs yield a higher return than most traditional economic development strategies. The study estimates a 16% total return on investment, with the majority (12%) of the return benefiting society as a whole.

The Economics of Education: Public Benefits of High-Quality Preschool Education for Low-Income Children. Jerrold Oppenheim & Theo MacGregor, Entergy (2003). This paper includes an analysis of the benefits and costs of quality preschool for low-income 3- and 4-year-olds. The authors conclude high-quality preschool yields nine dollars for every five spent.

A Benefit-Cost Analysis of the Abecedarian Early Childhood Intervention Project. Leonard N. Masse and W. Steven Barnett, National Institute for Early Education Research (2002). This analysis of the Abecedarian Project concludes taxpayers received a four-to-one return on their investment in the early childhood program. In addition, the researchers found that both the graduates of the program and their mothers earned significantly more from employment over their lifetimes than peers who did not attend preschool.

Additional studies of the general economic benefits of preschool can be found at the websites for the three major studies – Chicago Parent Child, High/Scope Perry Preschool and Abecedarian.



Table of Contents
Overview
Legal Cases
Support For State Initiatives
Support for High Standards
Benefits for Children
Economic Benefits for Society
Role of Research and Experts in Litigation
Finding the Experts
Starting at 3, a project of Education Law Center, is supported by a grant from The Pew Charitable Trusts