Overview

The Georgia Pre-Kindergarten Program was established in 1993.  In 1995, it became the first state preschool program in the country to offer universal voluntary enrollment to all four-year-olds in the state.  The full-day program, which is funded by the state lottery, is offered in public schools, Head Start agencies and private childcare and preschool centers. State funding for the program is awarded on a competitive grant basis. Public schools and other preschool providers are not required to participate in the program, although a program is offered in every school district in the state. Funding levels have not been sufficient to serve all of the children who want to enroll in the program and school districts and other preschool providers maintain waiting lists. At Gov. Sonny Perdue's recommendation, funding was increased by $12 million for 2006-2007 to serve an additional 1000 new students (for a total of 75,000) and raise teacher salaries by 4%. According to the National Institute for Early Education Research, Georgia served 51% of its four-year-olds in the program in 2005-2006 with funding of $3,977 per child.

In May 2004, the Georgia legislature created a new department, the Department of Early Care and Learning, also known as “Bright from the Start,” to coordinate and streamline all of the state's early childhood programs. The new department’s duties include administering the Georgia Pre-Kindergarten Program.

State Policy

Georgia was the first state in the country to make a state-funded preschool program available to all four-year-olds.  The state’s literature on the Georgia Pre-Kindergarten Program recognizes that high-quality preschool helps children develop social and pre-academic skills that will enable them to succeed in kindergarten and throughout their educational experiences.

Eligibility Criteria 

Program Length/Duration

Georgia's preschool program operates free of charge for 6-½ hours per day, five days per week, 180 days per year, following the public school calendar year.  Extended day services and extracurricular activities may be available at a cost to parents.  All children, regardless of whether in a public school, Head Start or other community childcare program, must receive the same instructional opportunities during the 6-½ hour program day.

Funding

Georgia's preschool program is funded by proceeds from the state lottery program.  The amount of funding is class-specific and depends on class size, geographic location, teacher credentials and the number of children who are Category One eligible based on participation in a federal assistance program.  For example, classes with enrollment of fewer than 20 students receive reduced funding and a class with a teacher certified in early childhood education is reimbursed at a higher rate than a class with a teacher with a four-year degree.  Failure to comply with the state's quality standards may also result in a decrease in funding.  Preschool providers may not charge Category One eligible children fees for transportation, health services and meals, but may charge other children reasonable fees for these services. No fees may be charged to any child for services needed to operate the instructional program, such as registration, field trips, curriculum fees, and classroom supplies.

Quality Standards

In a national survey of quality standards, the National Institute for Early Education Research (NIEER) gave Georgia's preschool program a rating of 8 out of 10.  Georgia pre-kindergarten programs must meet the state's program content standards and use a Bright from the Start approved curriculum. Pre-kindergarten programs must have a maximum class size of 20 children and a staff-child ratio of 1:10, both of which meet NIEER’s benchmark.  However, lead teachers in the pre-kindergarten program are not required to have a bachelor's degree, and assistant teachers are not required to have a CDA or equivalent, thus failing to meet the NIEER standard. The NIEER benchmark for specialized training is met by the requirement for teachers to have either a degree in Early Childhood Education or Montessori credentials. The state does require teachers to participate in annual training for fifteen hours a year, also meeting NIEER’s recommendation.

The Georgia Pre-Kindergarten Program also satisfies NIEER’s standards for vision, hearing and health screening, family support services, meals, and site visits. Preschool programs may offer transportation services for all children and provide Resource Coordination (RC) services to Category One children (those children who participate in a federal public assistance program).

Each pre-kindergarten provider is required to maintain a portfolio for each child documenting by a variety of means specific skills learned by the child.  For 2006-2007, the state implemented the Georgia’s Pre-K Assessment to track each child’s progress based on work samples and observations, correlated with the Georgia Pre-K Content Standards. Programs are subject to an on-site evaluation by Bright from the Start consultants who use a Program Quality Assessment instrument to evaluate program compliance with state requirements. In addition, Bright from the Start staff is required to make unannounced visits to providers throughout the year to monitor and evaluate program progress.  Programs that have unresolved deficiencies may have their contracts cancelled.  Bright from the Start is required to adopt procedures and policies for a performance-based pre-kindergarten accountability assessment program.  In 2005, the legislature created the Joint Early Learning Initiative Commission to make recommendations regarding statewide early learning efforts, alignment of early learning standards, expansion of pre-k for at-risk three-year-olds, and other early learning issues.

Legal Framework

Education Clause in State Constitution

The Georgia state constitution provides that "an adequate public education for the citizens shall be a primary obligation of the State of Georgia."  The authority to establish and maintain public schools is granted to county and area boards of education.  The board of education of each school system is required to annually certify to its fiscal authority "a school tax not greater than 20 mills per dollar for the support and maintenance of education."

Summary of Case Law on School Finance System

Although the Georgia Supreme Court recognized in McDaniel v. Thomas that there were significant disparities in educational opportunities in Georgia and that school finance issues were justiciable, it upheld the state's school funding system under the equal protection clause of the State Constitution.  The Court found that education is not a fundamental right and there was a rational basis for the disparities. In September 2004, a new lawsuit was filed against the State on behalf of 51 rural school districts seeking adequate and equitable school funding under the Georgia Constitution. The suit includes a claim for additional state funding for preschool education.

Constitutional Provisions on Public Education  

GA Const. Art. 8, § 1, ¶ I

The provision of an adequate public education for the citizens shall be a primary obligation of the State of Georgia. Public education for the citizens prior to the college or postsecondary level shall be free and shall be provided for by taxation. The expense of other public education shall be provided for in such manner and in such amount as may be provided by law.

 GA Const. Art. 8, § 5, ¶ I
 
Authority is granted to county and area boards of education to establish and maintain public schools within their limits. Existing county and independent school systems shall be continued, except that the General Assembly may provide by law for the consolidation of two or more county school systems, independent school systems, portions thereof, or any combination thereof into a single county or area school system under the control and management of a county or area board of education, under such terms and conditions as the General Assembly may prescribe; but no such consolidation shall become effective until approved by a majority of the qualified voters voting thereon in each separate school system proposed to be consolidated. No independent school system shall hereafter be established.

GA Const. Art. 8, § 6, ¶ I

(a)    The board of education of each school system shall annually certify to its fiscal authority or authorities a school tax not greater than 20 mills per dollar for the support and maintenance of education. Said fiscal authority or authorities shall annually levy said tax upon the assessed value of all taxable property within the territory served by said school system, provided that the levy made by an area board of education, which levy shall not be greater than 20 mills per dollar, shall be in such amount and within such limits as may be prescribed by local law applicable thereto.

(b) School tax funds shall be expended only for the support and maintenance of public schools, public vocational-technical schools, public education, and activities necessary or incidental thereto, including school lunch purposes.

Case Law on the Right to Public Education and Preschool

Is Education a Fundamental Right under the State Constitution?

McDaniel v. Thomas, 248 Ga. 632, 647, 285 S.E.2d 156, 167 (1981)

“While the determination of the U.S. Supreme Court that education is not a ‘fundamental right' does not bind state courts to make the same determination, . . . we hold that education per se is not a ‘fundamental right' and that the Georgia public school finance system must stand if it satisfies the ‘rational relationship' test.” 

School Finance Cases in Favor of Plaintiffs:

None, but see the trial court’s 2005 order denying the State’s motion to dismiss in Consortium for Adequate School Funding in Georgia v. State of Georgia, discussed below under Pending School Finance Cases.

Standard for a Constitutionally Adequate Education:

None. In the pending school finance case, Consortium for Adequate School Funding in Georgia v. State of Georgia, on November 21, 2006, the trial court issued an order to explain the standard it will follow to determine whether the State has fulfilled its obligation to provide an adequate education for Georgia’s students. The plaintiffs will need to “produce evidence that shows that current State funding for public education is so low that ‘it deprives students in any particular school district of basic educational opportunities[.]’”

School Finance Cases against Plaintiffs:

McDaniel v. Thomas, 248 Ga. 632, 648, 285 S.E.2d 156, 168 (1981)

The Georgia Supreme Court held that the state's public school finance system did not violate the equal protection clause of the state constitution because there was a rational basis for the disparities in funding.  The Court stated, however, that its ruling should not be interpreted as “an endorsement . . . of the status quo.”  It further acknowledged, “[p]laintiffs have shown that serious disparities in educational opportunities exist in Georgia and that legislation currently in effect will not eliminate them.  It is clear that a great deal more can be done and needs to be done to equalize educational opportunities in this state.” 

Decisions Ruling School Finance Issues Were Non-Justiciable:

McDaniel v. Thomas, 248 Ga. 632, 633, 285 S.E.2d 156, 157 (1981)

The Georgia Supreme Court rejected outright the argument that “the question of how public education can be funded is nonjusticiable” and is “more suitably handled by other branches of government,” stating that to “refus[] to adjudicate plaintiffs' claim of constitutional infringement [would be] an abdication of our constitutional duties.” See also the trial court decision on the State’s motion to dismiss in Consortium for Adequate School Funding in Georgia v. State of Georgia, discussed below under Pending School Finance Cases.

Cases Related to State-Funded Preschool:

There are no court decisions concerning state-funded preschool; however, the pending school finance case, Consortium for Adequate School Funding in Georgia v. State of Georgia, discussed below, includes a claim for increased funding for preschool.

Pending School Finance Cases:

Consortium for Adequate School Funding in Georgia v. State of Georgia, Superior Court of Fulton, State of Georgia (filed September 14, 2004)

Case filed in September 2004 by the Consortium for Adequate School Funding in Georgia (CASFG) -- a consortium of 51 rural school systems -- and 5 of its member systems and students and parents in these systems. The complaint seeks adequate funding for Georgia's schools under the education and equal protections clauses of the Georgia constitution. Specifically, plaintiffs seek an increased level of state financing for the basic education program for all of Georgia's schools in order to meet higher educational standards and new systems of accountability; increased funding for programs for students at risk for academic failure; funding for capital construction; and increased state funding for special education and preschool education.

In October 2005, the trial court denied the State’s motion to dismiss the complaint. Citing McDaniel v. Thomas, the court rejected the State’s argument that the separation of powers doctrine precluded the court from hearing the case. Referring to language in the Georgia Constitution providing that "[t]he provision of an adequate public education for the citizens shall be a primary obligation of the State of Georgia," the trial court also rejected the argument that the State could not be held accountable for the inadequacy of the school finance system because education is solely a local responsibility. The trial court dismissed plaintiffs’ claim that the education funding system violated the state equal protection clause, again citing McDaniel, which held that the equal protection clause did not impose a duty on the State to equalize every student’s opportunity to obtain an adequate education.

In January 2006, the Georgia Supreme Court denied the State’s motion for interlocutory review of the trial court’s denial of the motion to dismiss.

A copy of plaintiffs’ complaint, plaintiffs’ brief in opposition to the motion to dismiss, the trial court’s ruling on the motion, and other legal documents relating to the case are available on CASFG’s website.

Statutes, Regulations and Guidance Documents on State Preschool Program

Official Code of Georgia Annotated (O.C.G.A.) § 20-1A, Department of Early Care and Learning

Note: The Department of Early Care and Learning, also known as “Bright from the Start,” was formed in the summer of 2004 to replace the Office of School Readiness (OSR).

Official Code of Georgia Annotated (O.C.G.A.) § 50-27-1 et seq., Georgia Lottery for Education Act

Georgia Administrative Code (GA ADC) 591-1-1 et seq., Child Care Learning Centers

Georgia Administrative Code (GA ADC) 591-2-1 et seq., Georgia's Pre-K Program

Georgia's Pre-K Program 2006-2007 School Year Pre-K Providers' Operating Guidelines

Note: Most of the standards governing Georgia's pre-kindergarten program are in  the Pre-K Provider’s Operating Guidelines, which do not have the force and effect of statute or regulation.

Georgia’s Pre-K Program Content Standards (revised July 2006)

Georgia Early Learning Standards (Birth Through Age 3) (2006)

Provisions Expressing State Policy on Preschool:

Georgia Pre-K Program, Bright from the Start website, About Pre-K: How Does the Program Impact Early Childhood Education?  The Georgia Prekindergarten Program is successfully preparing children for school by providing an opportunity for them to develop school readiness skills in an environment that encourages children to have fun while learning.  An evaluation by Georgia State University found that children who attended prekindergarten had higher academic and social ratings by their kindergarten teachers and better kindergarten attendance than children who did not attend preschool programs.  Participation in a high-quality preschool program also helps children develop social and preacademic skills that will help them succeed in kindergarten and throughout their educational experiences.  Other studies have shown that children who enter kindergarten ready to learn are much more likely to succeed in school.

Eligibility Criteria for State Preschool Program:

GA ADC 591-2-1-.01

(1) ... all four-year-old children and eligible five-year-old children (five-year-old children who did not previously participate in Georgia's Pre-K Program).

Georgia's Pre-K Program 2006-2007 School Year Pre-K Providers' Operating Guidelines

2.1 Age Requirement

Children must be four years of age on September 1, 2006, based on acceptable documentation, such as birth certificates, passports, official medical documents, or official documents from other countries. Only age-eligible children whose birthdates are from September 2, 2001 through September 1, 2002 are eligible for participation in the 2006-2007 school year. Proof-of-age eligibility must be on file the day the child begins the Pre-K Program. Payments will be reduced for children without age documentation beginning with the first day of school.

Children who are five years of age on September 1, 2006, and have late birthdays (birthdays in June, July, and August) or have delayed language and/or social skills or small physical size which would impact their readiness for school may enroll in the Pre-K program at the request of their parents IF they did not attend the Pre-K Program as four-year-olds. Parents and teachers are encouraged to consider the child's date of birth, physical maturity, emotional maturity, and prior experiences when making the decision about whether to enroll the child in the Pre-K program at age four or five. Parents of five-year-old children will be asked to sign a Parent Acknowledgement Form (included in Appendix F) indicating that the child did not previously attend Georgia's Pre-K program. Providers may copy this form on company and/or location letterhead.

Children are eligible to attend Georgia's Pre-K for one year only. Parents must choose to enroll the child at age four or five. Children who attend Pre-K will transition to public school kindergarten the following year. Bright from the Start will review requests for children to repeat Pre-K on a case-by-case basis . . . .

2.2 Residency Requirement

The child must be a Georgia resident. For purposes of this program, Georgia resident is defined as a child who resides in the state of Georgia. Proof of residency should be part of a child’s on-site file.

2.3 Parent Requirement

A parent must agree to send the child to the Pre-K Program for 6.5 hours of instructional time, five days per week, 180 days per year. A child who is chronically tardy or absent can be disenrolled from the program. A child who is not enrolled in the extended day program and is not picked up at the end of the Pre-K day on a regular basis can be disenrolled. ...

2.4 Age-ineligible Children

Bright from the Start requires that Pre-K providers operate full programs with age-eligible children. In the event a full class of age-eligible children is not attainable, Bright from the Start may approve placement of no more than three children per class, of certain younger or older children at provider's/parent's expense . . . .

2.5 Category One Definition

Category One child eligibility is defined as the child's participation in one of the following: Food Stamps, SSI, Medicaid, Temporary Assistance to Needy Families (TANF), CAPS program, or PeachCare for Kids. Documentation of the child's participation must be verified and kept on file for review. Children who participate in the free and reduced meal program through the center/school in which they attend may also be counted if income eligibility is verified on each child and kept on file for review.

2.6 Category Two Definition

Category Two children are those who do not meet the requirements for Category One eligibility.

3.1 Open Enrollment

Enrollment for the program must be open and nondiscriminatory. Enrollment based on a first-come, first-served policy is an acceptable option. Providers will develop written policies to meet the needs of children and families in the community. The written enrollment policies should be kept on-site and available to parents (at their request). The definition and implementation of such policies are determined by individual providers. Providers cannot require immunization or a Certificate of Eye, Ear and Dental Examinations (EED) as a condition of initial enrollment. Providers cannot require upfront payment of meal fees or participation in summer programs as a condition of enrollment. A child cannot be denied participation in the program pending verification of his/her status related to Category One or extended day services. Children cannot be denied participation on the basis of race, color, or national origin (Title VI of the Civil Rights Act of 1964); sex (Title IX of the Educational Amendments of 1972 and Title II of the Vocational Education Amendments of 1976); or disability (Section 504 of the Rehabilitation Act of 1973 and The Americans with Disabilities Act of 1990) in educational programs.

3.2 Waiting Lists

A waiting list shall be maintained at the site level for all children who complete a registration form but are not attending due to lack of space. …

3.4 Local School Attendance Zones

A child who resides within the local school system, but not within the attendance zone of the specific school providing the Pre-K program, may not be denied service, but may be placed on a waiting list until all children who do reside within the attendance zone of the specific school are enrolled. A child who resides within another local school system's attendance zone may not be denied service, but may be placed on a waiting list until all children who do reside within the district are enrolled, and may be required to pay out-of-district tuition depending on local board of education policies.

Program Length/Duration:

GA ADC 591-2-1-.01

(1) . . . Providers are to conduct a full day (6 1/2 hours of instructional services), five days per week, for 36 weeks (180 days) per year of appropriate educational/instructional services . . . .

Georgia's Pre-K Program 2006-2007 School Year Pre-K Providers' Operating Guidelines

1.1 Purpose

. . . full day (6.5 hours of instructional services), five days per week, 36 weeks (180 days) per year of appropriate educational/instructional services to eligible four-year-old children.

1.2 Dates of Service

The 2006-2007 school year Pre-K program shall operate within the dates stated in your contract.

1.3 Days of Service

Pre-K programs shall operate instructional and resource coordination (RC) programs (if applicable) for children and families for a minimum of 180 days.

6.2 Program Delivery

The Pre-K program shall provide 6.5 hours of instructional time, five days per week, 180 days per year for eligible children. A calendar or list of Pre-K school holidays shall be given to each family.

6.8 Program/Staff Hours

The 6.5 hours of instructional time shall begin no earlier than 7:30 a.m. with hours of operation as delineated in the original approved application. The remaining 1.5 hours of the lead teacher and teacher assistant eight hour day should be used for Pre-K program activities, such as parent conferences, meetings with RCs, instructional planning, etc. Using Pre-K staff during the eight hour Pre-K day to supervise children not enrolled in Georgia's Pre-K program is unacceptable. Using Pre-K staff paid by the Pre-K grant (during the eight hour funded Pre-K day) to supervise children whose parents pay private fees or for whom the provider receives subsidies is an inappropriate use of Pre-K funds.

6.10 Extended Day (Before and After School Care)

Bright from the Start does not require or provide extended day services. Extended day services for Pre-K children may be provided at the parent's expense and choice. Income eligible families may receive services through the Division of Family and Children Services (DFCS) subsidized child care programs (CAPS). These arrangements should be made between the center, parents and local DFCS office. Bright from the Start and DFCS have entered into an agreement ensuring that eligible Pre-K families will not be placed on waiting lists. This is the extent of Bright from the Start involvement in extended day services. Payment reimbursement for DFCS funded slots will be contingent upon DFCS standards for individual counties. ...

Fees for all Pre-K children participating in extended day services should be reasonable. Bright from the Start recommends that fees for extended day services not exceed $35-$75 per week.

Scope of State's Responsibility to Provide Preschool:

O.C.G.A. § 20-1A-4: The Department of Early Care and Learning shall have the following powers and duties:

   (1) To administer such programs and services as may be necessary for the operation and management of voluntary pre-kindergarten, which shall be known as "Georgia's Pre-K Program";

   (2) To administer such programs and services as may be necessary for the operation and management of preschool and child development programs . . . .

GA ADC 591-2-1-.01

(1) [Georgia's Pre-K Program] is designed to provide grant funding to licensed or government child care centers, local school systems, and Head Start organizations ...

... (6) . . . Contracts are awarded to Pre-K providers through a competitive process . . . .

Scope of State's Responsibility to Fund Preschool:

GA ADC 591-2-1-.01

…(2) General Terms and Conditions: Contract recipients agree to use the awarded funds to provide a developmentally appropriate educational program for the children. Providers may also be granted funds to coordinate comprehensive services for the family. The funds may be used to provide salaries and benefits for lead teachers, assistant teachers, resource coordinators, and limited support staff; materials and equipment to support an appropriate early education program; Category 1 eligible child and family transportation costs; staff travel to required training; and the purchase of other materials and services necessary to implement the program.

... (6) Criteria for Grant Award: Contracts are awarded to Pre-K providers through a competitive process, subject to funding availability, previous program compliance (for continuation programs), and identified regional population needs . . . .

... (7) Calculation of Payment: Each Pre-K provider must submit detailed class rosters three times during the school year, which includes teacher's name, Social Security Number and teaching information . . . . The enrollment and teacher credentials reported are applied to the Pre-K rate model to determine the amount of the monthly Pre-K payment.

8.1 Instructional Program Fees

All children must receive the same instructional opportunities during the 6.5-hour instructional program day. Fees may not be charged to Category One or Category Two families during this time. Field trips are a part of the instructional program. Therefore, field trips made during the day must be free and available to all children. Parents who participate in field trips may be charged a fee. Pre-K funds may be used to provide field trips or other appropriate activities to the children. For example, if dance, art, or computer classes are included in the 6.5-hour day, they must be free and available to all Pre-K children.

No fees may be charged to any child for services needed to operate the instructional program, such as registration, field trips, curriculum fees, classroom supplies, etc. Bright from the Start recommends that providers not solicit "donations" of materials and supplies as most parents will consider it a mandate instead of a donation.

8.2 Extracurricular Activities

Families will choose whether or not to participate in "extracurricular activities" such as school photographs, T-shirts, etc. Families may be charged fees for these extracurricular activities.

8.3 Fee Structure

Written documentation explaining the fee structure for non-Pre-K Program days (holiday/vacation times) for Category One and Category Two children, transportation (optional) and/or food services for Category Two children shall be given to each family. Copies of this documentation should be kept on file. Bright from the Start may request copies of individual Pre-K provider fee structure policies. While not required, it is recommended that providers explain and have parents sign a statement that they understand charges for non-Pre-K program days.

8.4 Category One Fees

The Pre-K provider may not charge Category One children any fees for health services (e.g., Health Checks), transportation services (if provided) or any services or activities coordinated under resource coordination or instructional services components of the program during the 180 days.

Pre-K providers may not charge Category One children fees for food services. Pre-K funds may be used to purchase food if no Child and Adult Care Food Program (CACFP) funding is received.

8.5 Category Two Fees

The Pre-K provider may charge reasonable fees for health services (e.g., Health Checks), food services and/or transportation services (if provided) to Category Two children/families. It is recommended that fees for food to Category Two families not exceed $20 per week in private programs serving breakfast and lunch. The cost should be less than $20 if breakfast is not served. Pre-K funds may be used to purchase food. Pre-K providers may not charge Category Two families fees for food for any child for whom CACFP reimbursement is received.  

15.3 Class Budget

Classes with enrollments of 20 students will receive full funding. Funding for classes with fewer than 20 students will be reduced by 1/20th for each child below 20.

Note: This reduction is applied to all salary and non-salary funding components beginning with the October payment.

Classes with less than 17 students are subject to cancellation at the discretion of Bright from the Start.

15.5 Multi-County and Multi-Program Pre-K Providers

Bright from the Start will issue one operating contract containing separate funding amounts for each site. Funds are class-specific; therefore, Pre-K providers must spend the required minimum levels for teacher salaries and supplies at each site.

15.6 Funding Calculation

Payments are calculated at the class level summing the instructional and non-instructional components for the class and then prorating the summed amount by the number of eligible children being served. The number of eligible children is calculated on a half-month convention based on submitted roster data.

15.7 Start-Up/Operating Contracts

Start-up/operating contracts will be issued upon Bright from the Start approval. One contract will contain specific dollar amounts for new/expansion classroom start-up equipment, materials, and supplies, and another contract will contain specific dollar amounts for Pre-K classroom operations. Start-up funds for new/expansion programs will be available before August 1, 2006 to providers with executed start-up contracts. The first of 10 operating payments will be made by August 14, 2006 to providers with executed contracts.

17.2 Start-Up Funds

Providers will receive a one-time lump sum payment of $8,000 for each new or expansion class to purchase equipment, supplies, and materials for the class. …

17.3 Enrollment Requirements for Funding

Pre-K providers are expected to maintain the class enrollment levels specified in their contracts. Enrollments below 20 students will reduce payments.

17.6 Calculation of Payments

Payment calculations will be based on student enrollment and the lead teacher credential for each class as reported on the submitted roster.

•           August 2006 and September 2006 payments will be based on your executed contract.

•           If the enrollment reported on each of the three required rosters remains consistent with your approved contract, no funding adjustment will be made.

•           Roster data is critical to the payment calculation. As students leave the class or new students are added, current and prior payments will recalculate the total number of eligible children served each month using a half-month convention to retroactively recover overpayments or pay additional amounts for each class. ...

•           Lead teacher credentials and the number of enrolled children will be monitored. Documentation is required to be submitted to validate each lead teacher credential. If this documentation cannot be provided or is different from the contract awarded credential or the credential reported on the roster, payments will be adjusted to the appropriate credential level that can be validated. Payments will be retroactively adjusted for changes in teacher credentials. …

Source of Funding for Preschool Program:

O.C.G.A. § 50-27-2

(1) ... [N]et proceeds of lottery games conducted pursuant to this chapter shall be used to support improvements and enhancements for educational purposes and programs and that such net proceeds shall be used to supplement, not supplant, existing resources for educational purposes and programs . . . .

O.C.G.A. § 50-27-3

…(8) "Educational purposes and programs" means . . . voluntary pre-kindergarten. . . ..

Scope of Child's Right to Attend Preschool:

Georgia's Pre-K Program 2006-2007 School Year Pre-K Providers' Operating Guidelines

3.1 Open Enrollment

Enrollment for the program must be open and nondiscriminatory. Enrollment based on a first-come, first-served policy is an acceptable option. Providers will develop written policies to meet the needs of children and families in the community. The written enrollment policies should be kept on-site and available to parents (at their request). The definition and implementation of such policies are determined by individual providers. Providers cannot require immunization or a Certificate of Eye, Ear and Dental Examinations (EED) as a condition of initial enrollment. Providers cannot require upfront payment of meal fees or participation in summer programs as a condition of enrollment. A child cannot be denied participation in the program pending verification of his/her status related to Category One or extended day services. Children cannot be denied participation on the basis of race, color, or national origin (Title VI of the Civil Rights Act of 1964); sex (Title IX of the Educational Amendments of 1972 and Title II of the Vocational Education Amendments of 1976); or disability (Section 504 of the Rehabilitation Act of 1973 and The Americans with Disabilities Act of 1990) in educational programs.

3.2 Waiting Lists

A waiting list shall be maintained at the site level for all children who complete a registration form but are not attending due to lack of space. …

3.4 Local School Attendance Zones

A child who resides within the local school system, but not within the attendance zone of the specific school providing the Pre-K program, may not be denied service, but may be placed on a waiting list until all children who do reside within the attendance zone of the specific school are enrolled. A child who resides within another local school system's attendance zone may not be denied service, but may be placed on a waiting list until all children who do reside within the district are enrolled, and may be required to pay out-of-district tuition depending on local board of education policies.

Curriculum Content Standards for Preschool Program:

Georgia's Pre-K Program Content Standards (revised July 2006)

Welcome to the 2006 edition of Georgia’s Pre-K Program Content Standards, which provide the foundation for instruction in all Georgia Pre-K classrooms.
The 2006 edition of the Content Standards have been updated to include:

• Correlations with Kindergarten Georgia Performance Standards (GPS)
• Strategies to support inclusive classrooms
• "Learning in Action” suggestions for classroom practice
• Professional resources for each curriculum domain
• Lists of high quality children’s literature for each curriculum domain
• Tips to support family involvement in the child’s education

Georgia's Pre-K Program 2006-2007 School Year Pre-K Providers' Operating Guidelines

 4.1 Curriculum

The Pre-K provider shall provide a complete educational program in accordance with age-appropriate instructional practice and use a  Bright from the Start approved curriculum. Approved curriculum choices include Bank Street, Creative Curriculum, High/Scope, 2006-2007 HighReach Butterflies, 2006-2007 HighReach Framework, Montessori, Blueprint for Early Literacy, Opening the World of Learning, Pinnacle Early Childhood Curriculum, Scholastic Early Learning, or a Georgia Pre-K approved locally developed curriculum. Best Practices is not a curriculum choice. It is an in-service teacher training initiative that supports all curricula. The curriculum choice designated in the Pre-K contract should be implemented and may not be changed without prior written approval from Bright from the Start.

A program using the Montessori Curriculum must have a Montessori credentialed lead teacher to be in compliance. The lead teacher with Montessori credentials could also be certified or have a four-year­ degree and receive payment at those higher levels.

Providers using a Bright from the Start approved locally developed curriculum must submit a staff development plan for the 2006-2007 school year to Bright from the Start by September 8, 2006. (See Appendix K) …

4.2 Lesson Plans

Written lesson plans containing specific instructional activities are required for a minimum of 5.0 hours per day. These plans should be based on Bright from the Start content standards and include educational experiences in the areas of language/literacy, math, science, social studies, creative (music, art, and drama), social and emotional, and physical development. A corresponding learning goal should be included on the lesson plan with each of the planned activities. The remaining 1.5 hours of the instructional day, consisting of meals, rest time and/or outside play, etc., may be included in written lesson plans.

Teacher Certification/Qualification Standards for Preschool Program:

Georgia's Pre-K Program 2006-2007 School Year Pre-K Providers' Operating Guidelines

11.3 Credential/Certification Requirements

A lead teacher must have one of the following valid and current certificates or credentials:

Certified–

Georgia certificate issued by Professional Standards Commission (PSC) in

• Early Childhood Education (grades P-5), or
• Birth to Five
• P-12 Certificate AND Special Education Preschool Endorsement (ages 3-5)
• P-12 Certificate AND Birth to Five Endorsement
• Special Education/Early Childhood (grades P-5)

OR

• Out-of-state, valid and current, official teaching certificates in Early Childhood or Elementary Education are acceptable during the teacher's first Pre-K school year.

Note: Only the certificates listed above qualify for certified teacher funding rates. Teachers receiving National Board Certification will receive the salary bonus available to all public school teachers. In Pre-K, this applies to teachers working in public and private facilities. It is the responsibility of the provider to supply adequate documentation to support this status.

OR

Four-Year College Degree–

• Education field specified with P-12 endorsement (i.e., Learning Disabilities -- grades P-12, Physical Education – grades P-12, Music Education – grades P-12). MIDDLE or SECONDARY Certificates do not qualify.

A four-year college degree

• In early childhood, or elementary education
• An education/child development related field documented by a certified transcript from the college/university, or
• In psychology or social work (not sociology) PLUS one of the following:
   
• valid Early Childhood Care and Education or Child Development postsecondary technical institute diploma or degree, or
• valid Advanced Early Childhood Care and Education or Child Development and Related Care postsecondary technical institute diploma or degree, or
• Associate degree (AA, AAS, or AS) in Early Childhood Education, or
• a Montessori diploma, or
• a valid nationally recognized Child Development Associate (CDA) credential, or
• a valid nationally recognized Child Care Professional (CCP) credential.

OR

Technical Institute Degree or Associate Degree or Montessori Diploma

An individual who holds a valid:

• Early Childhood Care and Education or Child Development postsecondary technical institute degree, or
• Advanced Early Childhood Care and Education or Child Development and Related Care postsecondary technical institute degree, or
• Associate degree (AA, AAS, or AS) in Early Childhood Education, or
• Montessori diploma (equivalent to two years of coursework).

Note: Other associate degrees or diplomas (such as General Studies, Liberal Arts, or Teacher Education) are not acceptable.

A teacher credential waiver process has been developed so that Bright from the Start can maintain the quality initiative and work with providers during the critical teacher shortage. Closely related degrees with evidence of continuing formal education working towards one of the credentials listed above will be considered. Prior program performance will be taken into account for approval of waivers. Programs without all Meets and Exceeds on the PQA will not be considered for waivers. See Appendix E for the Teacher Waiver Request form.

14.1 Attendance at Training

All levels of administrative, teaching and support staff listed below are required to attend one Bright from the Start sponsored training.

• Project Directors
• Site Directors
• Principals
• Lead Teachers
• Assistant Teachers
• Resource Coordinators

In the 2006-2007 school year, ALL Pre-K directors, lead and assistant teachers will be required to attend assessment training.

• Lead teachers who have been involved in the WSS pilot will attend two days of Conscious Discipline training and one day of Georgia Pre-K Assessment update training.
• New lead teachers will attend the five-day New Teacher Institute (NTI), which includes two days of Georgia Pre-K Assessment Training and a day for follow-up.
• Returning lead teachers will attend two days of Georgia Pre-K Assessment Training, which will include portfolio training and Work Sampling System training.
• New assistant teachers will attend the two day New Assistant Teacher Institute (NATI) which includes one day of Georgia Pre-K Assessment Training.
• Returning assistant teachers will receive one day of Georgia Pre-K Assessment Training.
• Administrative staff – including Project Directors, Site Directors, and Principals – will receive one day of Georgia Pre-K Assessment Training, which will occur on the second day of Pre-K director training.

Note: "No shows” at training will be charged $50. Providers who register participants for training and do not cancel in writing (FAX or e-mail) within 48 hours of the training are defined as "no shows". …

All lead teachers must attend a minimum of 15 hours of some type of Bright from the Start approved training during the school year and should have a certificate on file at the center to document attendance of these sessions. Refer to the Bright from the Start Professional Development Training Schedule 2006- 2007 for details on training. …

Note: Providers using a Bright from the Start approved locally developed curriculum must submit a staff development plan for the 2006-2007 school year to Bright from the Start by September 8, 2006. See Appendix L for a sample staff development plan.…

14.2 Importance of Training

To maintain quality standards, annual training is required for all staff directly associated with the Pre-K program. Bright from the Start consultants will verify documentation of staff attendance at training sessions. Failure of providers and their staff to participate in required training during the school year will place their program in noncompliance and may jeopardize future funding.

14.3 Purpose of Teacher Training

Bright from the Start offers multiple training opportunities for Pre-K teachers. This training is not designed or intended to prepare personnel to become Pre-K teachers. Each provider is responsible for ensuring that all teaching staff are qualified and able to deliver quality instruction on the date they are hired. Bright from the Start training is intended to enhance the skills and knowledge of teaching staff already prepared to teach in the Pre-K program. Lack of availability of Bright from the Start sponsored teacher training should not impact the ability of staff to deliver quality instruction to Pre-K children.

Other Quality Standards for Preschool Program:

Georgia's Pre-K Program 2006-2007 School Year Pre-K Providers' Operating Guidelines

4.4 Parent Participation

The Pre-K provider shall make opportunities available for parents to participate in their child's educational experience. Parents should be encouraged to volunteer their time, talents, and experiences in the classroom. Additionally, the Pre-K provider shall offer parent meetings. At least two documented individual conferences per year between the teachers and parent/guardian shall be held to discuss the child's growth and development using the Georgia Pre-K Assessment. Documentation of these conferences will be kept in each child's on-site file.

5.1 Maintenance

Pre-K providers shall maintain adequate and appropriate equipment, materials, and supplies for each Pre-K classroom. All materials shall be in good repair. Refer to the Bright from the Start Basic Equipment, Materials, and Supplies Inventory List for recommendations. (See Appendix D)

5.2 Playground Equipment

All Pre-K classrooms must be fully equipped (as verified by the Bright from the Start Pre-K consultant) to serve the designated children per class before approval is granted to purchase outdoor playground equipment. . . .

6.1 Classroom Delivery

Each classroom shall have:

•           Licensed space for a minimum of 18 children

•           A minimum of 18 and a maximum of 20 children enrolled. Full funding is based on a class of 20

•           Two adults (lead teacher, teacher assistant, and/or substitute) present at all times during the 6.5 hours of instructional time each day of operation, with the exception of the one-half to one hour nap time

•           Approved equipment, materials, and supplies

Note: The maximum class size is 20 students. A Montessori setting serving more than 20 children requires prior Bright from the Start approval AND the addition of staff to maintain the equivalent of the adult/child ratio of 1:10.

6.3 Orientation

An on-site orientation for all teaching and administrative staff and families shall be provided within 20 working days of commencement of Pre-K services for children. During the family orientation, parents will receive written information concerning meal and extended day charges, including charges during times when children are out of school for holidays. Orientation would be an excellent opportunity for parents to complete the Student Roster Information Form. Gender, race/ethnicity, English language proficiency, and special education participation will be required fields on the rosters for this school year. Documentation of these orientation sessions should be available in on-site program files. See Appendices for suggested topics to cover in orientation and Student Roster Information Form.

6.4 Licensing

The facility shall meet the licensing requirements of the appropriate licensing agencies. At a minimum, the license shall cover the 6.5-hour instructional program.

6.7 Other Program Components

Lunch, snacks, and supervised outdoor play are part of the Pre-K program. No part of the Pre-K day may be religious in nature. A "moment of silence" is an acceptable practice at mealtimes. Breakfast may be included at the discretion of the Pre-K provider but should be offered prior to the start of the 6.5-hour instructional day.

6.9 Transportation

Transportation services are optional and may be provided for any Pre-K children at the discretion of the Pre-K provider . . . .

7.3 Resource Coordination

Provision of RC services is optional. The purpose of the RC grant is to provide children and their families with voluntary access to services that will assist in enabling the child to be ready for school. Pre-K providers who wish to offer RC services must submit a separate RC grant application package. Grants are competitive and are ranked by evaluation of past RC services, if applicable, and information submitted in the grant application. Programs must have completed one year of the Pre-K program and show program compliance to be eligible for funding. Competition is great and not all grants will be funded. If funded, the grant amount may not be the amount requested. Grant applications are available upon request from Bright from the Start during the open application period.

Delivery of Preschool Services:

GA ADC 591-2-1-.01

  (1) General Scope and Purpose: This program is designed to provide grant funding to licensed or government childcare centers, local school systems, and Head Start organizations . . . .

. . . (3) Eligible Recipients: Any legal educational or childcare entity, such as a local school system, a public or private not-for-profit [501(c)(3)] agency, or a private for-profit agency. Each private site must have a room with space for a minimum of 18 children.

. . . (6) Criteria for Grant Award: Contracts are awarded to Pre-K providers through a competitive process, subject to funding availability, previous program compliance (for continuation programs), and identified regional population needs. Bright from the Start shall contract with both public and private providers for Pre-K services. Licensed applicants must have a history of compliance with regulations.

Georgia's Pre-K Program 2006-2007 School Year Pre-K Providers' Operating Guidelines

9.1 Pre-K Consultant Support

Bright from the Start Pre-K staff will work closely with providers throughout the year and are available for consultation purposes regarding questions about the program, problems with maintaining enrollment, approval of equipment/materials/supplies requests, training needs, etc.

15.1 Awarding of Contracts

Contracts will be awarded to Pre-K providers through a competitive process, subject to funding availability, previous program compliance (for continuation programs in good standing), and identified regional need. Bright from the Start shall contract with public and private providers for Pre-K services.

22.1 Participation [in the Local Coordinating Council]

For the 2006-2007 school year, the existence of local coordinating councils will be optional for each county. In counties where local coordinating councils are effective in the coordination of services, Bright from the Start highly recommends that the individual councils continue their efforts.

Note: Providers are encouraged to participate in collaboratives at the local or county level in order to better serve children and prevent duplication of services.

22.2 Activities

For counties where local coordinating councils choose to remain active, the following activities are suggested for facilitation:

• Update lists of local community resources and disseminate same to all sites in the county
• Collaborate to provide services for children and families in need
• Develop procedures for referral of children with special needs
• Identify providers willing to donate medical services
• Provide forums for parents to share ideas and concerns
• Provide forums for discussing and solving local concerns/problems of providers, teachers, and RCs
• Provide forums for identifying a list of substitute teachers/teacher assistants that could be utilized by all providers
• Provide a forum for sharing instructional practices
• Develop a process to share non-confidential wait list information
• Collaborate for recruitment of children to ensure that all Pre-K slots are filled
• Provide a forum for compiling and submitting suggestions to Bright from the Start

Requirements for Student Assessment and Program Evaluation:

O.C.G.A. § 20-14-60: Pre-kindergarten accountability assessment program

   (a) The office, with the approval of the council, shall create and the Department of Early Care and Learning shall adopt the rules and policies that support a pre-kindergarten accountability assessment program that is primarily performance based.

    (b) The office shall develop and the Department of Early Care and Learning shall adopt performance measures and indicators that provide the basis for an accountability report card annually on the Department of Early Care and Learning.

   (c) The office and the Department of Early Care and Learning shall identify, define, and develop such performance indicators and measures by December 1, 2001.  The office shall implement and produce the first report card on the Department of Early Care and Learning and pre-kindergarten programs by December 1, 2002.

   (d) After December 1, 2002, the office shall audit those pre-kindergarten programs as necessary in implementing the education accountability system described in this part.

2005 Georgia Laws Act 352 (S.R. 21), enacted May 9, 2005

A RESOLUTION Creating the Joint Early Learning Initiative Commission; and for other purposes.

WHEREAS, quality early care and learning opportunities for all children, especially for at-risk children from birth to five years of age, are essential to improving school performance for Georgia students; and

WHEREAS, the state has invested lottery proceeds, state funds, and federal funds in the Office of School Readiness and Georgia´s Pre-K Program, for a total of $360,959,969.00 in the 2004 budget adopted in the 2004 session; and

WHEREAS, there are proposals for delegation of authority and funding over certain federal early learning programs to the states; and

WHEREAS, a comprehensive review of early learning opportunities currently available that support health, social and emotional, cognitive and physical well being of children from birth to five years of age and recommendations for improvement of quality early care and learning opportunities would be helpful to the General Assembly in adopting education policies and appropriating funds for the most effective uses.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Early Learning Initiative Commission to be composed of 21 members, including four members of the House of Representatives to be appointed by the Speaker of the House of Representatives and four members of the Senate to be appointed by the Senate Committee on Assignments. The Governor shall appoint seven members, including one member with expertise relating to early care and learning programs, one parent with a child enrolled in a pre-kindergarten program, one parent with a child currently enrolled in Head Start or Early Head Start, one representative from the child care/early learning center community, one private provider pre-kindergarten instructor, one public school pre-kindergarten instructor, and one Head Start instructor. The Chancellor of the Board of Regents, the Commissioner of the Department of Technical Adult Education, the director of the Georgia Lottery Corporation, the director of the Georgia Student Finance Commission, the Georgia State School Superintendent or her designee, and the commissioner of Bright From the Start: Georgia Department of Early Care and Learning shall be ex-officio members of the commission. The Speaker of the House of Representatives shall designate a member of the House and the Senate Committee on Assignments shall designate a member of the Senate who shall serve as cochairpersons of the commission. The commission shall meet at the call of the cochairpersons.

BE IT FURTHER RESOLVED that the commission shall undertake a study of the following: issues relating to the anticipated action of the federal government in delegating authority relating to Head Start to the state; an examination of federal and state early learning programs to define efficiencies in each; options for combining federal and state programs if authority over federal funds and programs are delegated to the state; an investigation of early learning efforts statewide, including federal, state, and private programs to assess innovative approaches and to recommend effective practices; an investigation to develop and align early learning standards from birth to five years of age and from kindergarten through 12th grade, thus providing Georgia students with a seamless system of learning standards; investigate research that demonstrates that training and credentialing of early care and education teachers is critical to obtaining positive child outcomes and investigate and improve the professional development opportunities/system for early care and learning teachers by the creation of a statewide articulation agreement between community-based, tech school and colleges and universities that support the professional development of Georgia´s early care and education teachers; possible expansion of early learning programs for at-risk three-year-olds; the creation of a statewide data base system that ensures a measure of accountability across state programs; an economic impact study that measures and demonstrates the value of federal, state, and local investments made in quality early care and education programs in Georgia; and the impact of an early education income tax credit for families with incomes under 200 percent of the federally designated poverty level that would allow low-income families to afford early education options that wealthier families can afford at institutions of their choice. The commission may recommend any actions or legislation which the commission deems necessary or appropriate. … In the event the commission makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 31, 2006. The commission shall stand abolished on December 31, 2006.

Georgia's Pre-K Program 2006-2007 School Year Pre-K Providers' Operating Guidelines

4.3 Assessment

The Pre-K provider shall ensure that child assessment procedures reflect appropriate practices for young children. Providers will use the Georgia Pre-K Assessment including the Work Sampling System and the Georgia Pre-K Progress Report unless a waiver has been approved by Bright from the Start.

Programs who meet all of the following criteria may request a waiver from the Georgia Pre-K Assessment. Programs that have (all of the following):

1. An assessment that measures student performance on the Georgia Pre-K Content Standards,
2. An assessment that includes the use of observation and documentation of student performance as well as the collection of student work samples that are maintained in the student portfolio,
3. An assessment that has been used successfully for two or more years, and
4. An adequate training program and provide support to teachers on the assessment during the two or more years the assessment has been in use.

See Appendix N for instructions for requesting a waiver from the Georgia Pre-K Assessment.

Instructional staff shall maintain and update a portfolio for each child in the Pre-K Program. The portfolio is a purposeful collection of student work samples and other documentation of performance collected over time to show the student’s effort, progress, and achievements. The portfolio includes selected work samples as well as observation documentation including but not limited to anecdotal notes, brief notes, matrices, batch notes, tallies, audio or video tapes, and photographs.

Observations documentation and student work samples should be organized by the child's name and domain. All observations and student work samples should be dated. Observation documentation and student work samples will reflect the children’s ongoing growth and development in all domains (language/literacy, math, science, social studies, creative, physical, and social/emotional).

No additional assessment tools should be utilized without written approval from a Pre-K consultant prior to use in the Pre-K program. Programs that have used additional approved assessment tools prior to this school year must resubmit a request for use to the Pre-K consultant and receive permission prior to use. Any additional assessment tools must be developmentally appropriate and enhance, not duplicate or conflict with, the Georgia Pre-K Assessment processes and procedures.

Note: Use of pass/fail criteria or letter grades are inappropriate practices.

Information on each child’s performance including the Georgia Pre-K Progress Report will be shared with parents or guardians at the two documented family conferences required during the school year. The two family conferences correspond to the fall and spring reporting periods of the Georgia Pre-K Assessment. The following should be retained for a minimum of three years as specified in your contract.

1. The Work Sampling System P-4 Developmental Checklist
2. The Georgia Pre-K Progress Report (pages 1 and 2)
3. Documentation of Conferences
4. Behavior Logs

New teachers (who have never taught in the Georgia Pre-K Program) will receive Georgia Pre-K Assessment training on days 3 and 4 of the five day New Teacher Institute. Returning teachers who did not participate in the pilot will attend a two-day Georgia Pre-K Assessment training.

Pilot teachers and teachers whose program is approved for a waiver will attend two day Conscious Discipline training.

4.6 Record Keeping

The Pre-K provider shall retain the following records for a minimum of three years as specified in your contract for Pre-K services:

• Pre-K registration form
• Student Roster Information Form
• daily child attendance records
• class enrollment rosters
• age documentation
• assessment information (see Section 4.3 for details)
• parent orientation and conference documentation
• lesson plans
• Category One documentation
• receipts and other financial records supporting expenses charged to Pre-K program

Current year records should be  maintained at the Pre-K site.

9.2 On-Site Evaluation

Bright from the Start Pre-K staff will make announced and unannounced visits throughout the year to monitor and evaluate program progress.

Program Quality Assessment (PQA)

In an effort to help providers determine compliance with Pre-K program requirements early in the school year, providers will be trained at Director meetings on how to use the PQA to assess their class(es). Bright from the Start Pre-K consultants will use this instrument during visits throughout the school year.

Bright from the Start Pre-K consultants will use the PQA to evaluate the Pre-K program, and one PQA will become part of the formal file. The PQA will provide a “snapshot” of the Pre-K program and will help identify program strengths and areas in need of improvement. Pre-K providers will be verbally informed of the program's ratings and asked to sign a copy of this report on the day of the visit. A copy of the report will be left at the center on that day.

Any Not Met (NM) scores require a written response within 10 days of the evaluation. Documentation from the provider or a return visit by the consultant, whichever is appropriate, will be required to change the score so that it becomes part of the formal file.

Some sites may be asked to provide a self-evaluation using the PQA. Completing a self-evaluation is an excellent way to prepare for the visit by the Pre-K consultant and helps identify areas in need of technical assistance.

Staff will work closely with sites with identified technical assistance needs in order to bring them into compliance with program requirements and allow them to maintain their funding viability. See Appendix B for a copy of the PQA.

9.4 Peer Review Process

Programs that continue to have unresolved probation issues or ongoing child care licensing issues, despite technical assistance, may have their Georgia's Pre-K Program contract denied or canceled. In such circumstances, providers may appeal the Bright from the Start decision before a Peer Review Committee. The Peer Review Process is not available to Pre-K programs identified with fraudulent roster, teacher credential, audit (Pre-K or federal nutrition programs) irregularities, loss of nutrition program due to serious deficiencies, low enrollment and/or repeated issues with insufficient teacher credentials.