State Preschool Program

Overview

Hawaii’s Preschool Open Doors Project gives low-income parents of four-year-old children, and a limited number of three-year-old children, money to purchase preschool in childcare facilities. According to the National Institute for Early Education Research (NIEER), Hawaii served 5% of its four-year-olds through Preschool Open Doors in 2004-2005. Preschool Open Doors is essentially a preschool tuition assistance program or subsidy, not a "dedicated educational program" qualifying as a state-funded preschool program as defined by NIEER.

In addition, the state provides some funding through the Hawaii Pre-Plus program for the construction of preschool facilities for low-income three- and four-year-olds. Funding to run Pre-Plus programs comes from federal and private sources. In 2004, a junior kindergarten program was approved which will allow children who would have previously entered kindergarten at age four due to their late birthdays to instead enter junior kindergarten, thereby providing them with an extra year of early childhood education. In addition, a small pilot program was funded which will provide some early childhood services to at-risk children.

In 2006, the legislature established an Early Learning Educational Task Force that, by the end of 2007, will report on its recommendations for a five-year plan to create quality early learning opportunities for children birth-to-5, including provisions on implementing and financing services for four-year-olds.

State Policy

Hawaii’s state statutes recognize that the development of resources and programs for early childhood education merits priority attention and that the “economic future" of the state depends on the quality of the educational services provided to children at an early age.” All of the bills that have been introduced in the state legislature in the last several years acknowledge the strong research base for early childhood education and its potential for closing the K-12 achievement gap, particularly for children from low-income households. The Governor's 2005 State of the State address recognized that research supported increased state investment in high quality early childhood education programs.

Eligibility Criteria

Three and four-year-old children who come from families that have a monthly gross income that does not exceed 85% of the State Median Income are eligible for monthly Preschool Open Doors childcare payments. Priority is given to four-year-olds who have special needs, are eligible to enter kindergarten at the start of the following year, and need financial assistance to attend preschool.

Program Length/Duration

There are no provisions in the law governing the hours of operation for Hawaii’s different prekindergarten programs.

Funding

Childcare payments for the Preschool Open Doors program are distributed monthly according to a childcare rate table that differentiates based on whether programs are licensed and/or accredited. Special purpose revenue bonds for early childhood education facility projects are issued for non-profits that meet certain obligations.

Quality Standards

In a change from prior years, the National Institute for Early Education Research (NIEER) did not include include the Preschool Open Doors program in its annual survey of state pre-kindergarten programs, finding that the program fails to satisfy the definition of a state pre-k program. The program primarily provides monthly preschool tuition subsidies based on monthly income, and does not guarantee children continuous enrollment for the entire school year.

In its 2005 State Preschool Yearbook, NIEER included the Preschool Open Door program and gave it a rating of 4 out of 10.

Although the state board of education has adopted comprehensive early learning standards, they are not mandatory for private preschool providers, who receive most of the Preschool Open Doors childcare payments, so the state did not meet NIEER’s benchmark for pre-k early learning standards. The program also failed to meet NIEER’s standards for maximum class size and staff-child ratios. Hawaii does not require that preschool teachers have a bachelor’s degree, thereby failing NIEER’s benchmark for teacher qualifications. The state did meet NIEER’s benchmark for assistant teachers, who are required to have a CDA degree. Additionally, all teachers are required to have specialized training in early childhood education, pre-k programs are required to provide meals, and the state conducts site visits and monitoring, thereby meeting NIEER’s quality standards in these areas.

Delivery of Preschool Services

Hawaii law states that early childhood education should be delivered through private providers to the maximum extent possible. The law also provides that schools should provide early education resources for use by parents in their own homes, if that is their preference. Any state agency may contract with a nonprofit organization to coordinate early childhood education and care policy, disburse public funds and implement community plans for delivery of early education and care.

By the end of 2007, the Early Learning Educational Task Force is scheduled to release a five-year plan for implementing and funding a comprehensive early learning system for Hawaii that will include services for four-year-olds.

Requirements for Student Assessment and Program Evaluation

There are no provisions in Hawaii law relating to student assessment or preschool program evaluation.

Legal Framework

Education Clause in State Constitution

The Hawaii state constitution provides that “[t]he State shall provide for the establishment, support and control of a statewide system of public schools . . . .” Proceeds of special purpose revenue bonds may be appropriated to finance or assist non-profit corporations that provide early childhood education and care facilities.

Summary of Case Law on School Finance System

No cases have been filed.

Summary of Case Law on Preschool

No cases have been filed.

Constitutional Provisions on Public Education

Case Law on the Right to Public Education and Preschool

Is Education a Fundamental Right under the State Constitution?

No determination to this effect.

School Finance Cases in Favor of Plaintiffs:

None.

Standard for a Constitutionally Adequate Education:

None.

School Finance Cases against Plaintiffs:

None.

Decisions Ruling School Finance Issues Were Non-Justiciable:

None.

Cases Related to State-Funded Preschool:

Pending School Finance Cases:

None:

Statutes, Regulations and Guidance Documents on State Preschool Program

Hawaii Revised Statutes (H.R.S.) § 39A-221 et seq., Assisting Not For Profit Corporations that Provide Early Childhood Education and Care Facilities

Hawaii Revised Statutes (H.R.S.) § 226-101 et seq., Hawaii State Planning Act; priority guidelines

Hawaii Revised Statutes (H.R.S.) § 302A-409 et seq., Supplementary programs; quality early education plan

2006 Hawaii Sess. Laws Act 259, Early Learning Educational Task Force

2004 Hawaii Sess. Laws Act 219, Two-Tiered Junior Kindergarten and Kindergarten Program

2004 Hawaii Sess. Laws Act 221, After-School Plus Program; Revolving Fund

2004 Hawaii Sess. Laws Act 237, Early Childhood Care

2002 Hawaii Sess. Laws Act 13, Good Beginnings Alliance; School Readiness

1997 Hawaii Sess. Laws Act 77, Early Childhood Education Chapter - Creation

Early Learning Educational Task Force, Interim Report to the Hawaii State Legislature, 2007 Session (December 2006)   

Hawaii Administrative Rules (H.A.R.) § 17-798.1-28 et seq., Preschool Open Doors Child Care Services Program

Note:  Hawaii provides some funding through the Pre-Plus Program for the construction of preschool facilities for low-income three- and four-year olds.  There are, however, no statutes or regulatory provisions governing the Pre-Plus program, other than an appropriation in the state budget.  See "Source of State Preschool Funding" section below.  In 2004, a junior kindergarten program was created that allows children who previously would have entered kindergarten at four due to their late birthdays to instead enter junior kindergarten, thereby providing them an extra year of early childhood education. A small pilot program was also funded to provide early childhood services to at-risk children. See "Source of State Preschool Funding" section below.  Where appropriate, these different programs and sources of funding are discussed separately below.

Provisions Expressing State Policy on Preschool:

H.R.S. § 226-102.

The State shall strive to improve the quality of life for Hawaii's present and future population through the pursuit of desirable courses of action in . . . major areas of statewide concern which merit priority attention: . . . quality education.

H.R.S. § 226-107.  Priority guidelines to promote quality education:

 . . . (7) Develop resources and programs for early childhood education . . . .

2006 Hawaii Sess. Laws Act 259

… [T]he legislature finds that children are born ready-to-learn, with minds that are shaped significantly by experiences and environments in the first five years of life. This period sets the foundation in which a person forms his or her behavioral, emotional, social, and decision-making skills, values, self-esteem, and lifelong learning ability. In short, this period paves the way for a child's healthy, successful development.

Neglect and inadequate care in the early years can hold a child back from achieving full potential, and can instead place the child in jeopardy of poor outcomes later in life, at considerable cost to society. Research and studies have shown that providing children with culturally responsive, proper early childhood care and education has a far-reaching, long-term impact on their development. Thus, the legislature recognizes the importance of providing children with early learning opportunities of the highest quality. Early learning programs, both public and private, should meet professionally-accepted standards, be staffed by well-trained, appropriately-compensated educators, reflect the cultural needs and diversity unique to Hawaii, and be available to all children from birth to entry into kindergarten.

During a child’s first five years, a family may need a variety of child care settings or programs–-family child care, home visiting, play and learn groups, or center-based care-–sometimes simultaneously, to meet their child care needs or to enhance their child’s learning and experiences. All of these settings should be of the highest quality to ensure optimal outcomes. …

2004 Hawaii Sess. Law Act 221

. . Research also strongly supports the need for early childhood education and the establishment of a coherent system that spans all levels of education. The department of education teamed with the University of Hawaii and Good Beginnings Alliance to create a vision for such a system, which was presented in 2002, is now being implemented . . . .

2004 Hawaii Sess. Law Act 219

The legislature finds that it is necessary to create conditions that will enable children in Hawaii to succeed in kindergarten and subsequent school experiences . . . [Through implementation of Junior Kindergarten], the public educational system can better ensure success for students in their early years, provide a more level playing field for students, and improve overall educational outcomes for students.

2004 Hawaii Sess. Laws Act 237

The legislature finds that neurological science has established that a child's cognitive and behavioral potential are largely determined between birth and age five. Unfortunately, poor health, family dysfunction, and troubled communities adversely affect a child's development. However, appropriate nurturing and stimulation for children and support for stressed families is known to ameliorate some of these difficulties when provided in a coordinated, comprehensive, and culturally competent manner. The legislature further finds that school readiness is improved by comprehensive health, family support, and early education services. Objectively, the current system of care is not meeting the needs of many of Hawaii's most fragile, at-risk children.

The legislature further finds that cost-effective programs providing these services need to be supported on a more permanent, institutionalized basis. . . In addition, the recent work of Economics Nobel laureate James Heckman of the University of Chicago finds that allocating resources to the birth-to-five age group is the most cost-effective intervention available for the first two decades of life in terms of short- and long-term outcomes for children. Other studies suggest that every $1 spent on early childhood is $7 saved in later costs to society.

2002 Hawaii Sess. Laws Act 13, § 1

The legislature . . . recognizes that recent reports on the science of child development continue to emphasize that during the first five years of life it is critical for optimum growth and development that a child be in an early education and care environment that stimulates the child's curiosity and creativity, is safe and healthy, and nurtures the child's spirit. Studies have shown that young children thrive when they live in families and communities that foster their "warm heartedness", respect their dignity, and encourage their life-long learning.

Hawaii recognizes the importance of early childhood development on future learning so that children will be ready to succeed in school. Public and private agencies in partnership with communities across the State have implemented the state policy adopted in 1998 by the legislature in House Concurrent Resolution No. 38, S.D. 1, "All of Hawaii's Children Will Be Safe, Healthy and Ready to Succeed."

There is increasing national and local focus on the need for quality early childhood programs and experiences in preparing children for kindergarten. The public is becoming more aware that addressing the school readiness of young children is essential for meeting the standards that the federal government will be putting into place as part of education reform. As growing numbers of kindergarten teachers report that children are entering kindergarten not ready for success, the focus is beginning to fall on how families, communities, and early education can support a child to become ready for school, and on how the schools can become better prepared to meet the needs of each individual child entering kindergarten.

The 2001 census reports state that Hawaii has 31,751 children three and four years of age. Of those children, 14,967 are from low-income families. However, fifty-one per cent of three and four-year-old children whose families are considered "low-income" (meaning they earn less than one hundred eighty-five per cent of the Federal Poverty Index) do not receive preschool subsidies. Studies in Hawaii and around the nation have demonstrated that children from low-income families who are in quality early childhood education environments and programs prior to entry into kindergarten show greater gains in later school achievement than children who did not have these opportunities.

The recent report entitled "From Neurons to Neighborhoods", developed by a committee of seventeen national leaders in the fields of early childhood education, psychiatry, neuroscience, economics, and public policy convened by the Board on Children, Youth, and Families of the National Research Council and the Institute of Medicine, states that "striking disparities in what children know and can do are evident well before they enter kindergarten. These differences are strongly associated with social and economic circumstances, and they are predictive of subsequent academic performance." The report goes on to state, "children grow and thrive in the context of close and dependable relationships that provide love and nurturance, security, responsive interactions, and encouragement for exploration. These conditions most often occur when there is a positive interaction among family, school, community, and the child." The report emphasizes the importance of ensuring that young children's needs are met through sustained relationships with qualified caregivers, that the special needs of children with developmental disabilities or chronic health conditions are addressed, and that the settings in which children spend their time are safe, stimulating, and compatible with the values and priorities of their families.

The legislature, by codifying the definition of "school readiness", recognizes the importance of positive interactions among family, school, community, and the child. The legislature affirms the progress of the interdepartmental council school readiness task force and the results and performance framework underway. The overriding purpose for developing a definition of readiness is to create conditions that will enable children in Hawaii to succeed in kindergarten and subsequent school experiences. In order to realize this purpose, Hawaii is following the lead of the National Education Goals Panel and national and state early childhood research and defining readiness broadly to include the critical attributes of child, school, and family and community support . . . .

1997 Hawaii Sess. Laws Act 77, § 1    

The legislature finds that children benefit from, and deserve access to, quality early childhood education and developmental services.  The economic future of the State depends on the quality of the educational services provided to children at an early age.  Although families have the primary responsibility for raising and transmitting values to their children, the legislature finds that the State, in partnership with communities and the private sector, can play an important role in assisting families in their effort to educate young children.  

The legislature acknowledges that, in these difficult economic times, any effort by the State to assist in the development of a comprehensive system of early childhood education and care must necessarily be limited by existing resources. Nevertheless, the legislature believes that early childhood education and care are critical to the public good; assisting the private sector in the development of a coordinated system of early education and care serves a public purpose. 

Innovative strategies for an incremental development plan should be explored and implemented to assist families with young children.  Government can support and encourage the community organizations that are the primary service providers -- schools, religious organizations, and private providers -- to focus existing private and public resources more efficiently and effectively.  This will require establishing more permanent working relationships among communities, the private sector, and government.  The purpose of this Act is to recognize a public and private partnership between the State and a private nonprofit corporation created as a focal point for policy development and dedicated to enhancing, developing, and coordinating quality early childhood education and care services.  This Act will also coalesce private resources in partnership with available public money for the betterment of the children in this State.  

It is not the intent of this Act to create a new public entity.  This Act is intended to authorize a sustainable, effective, participatory coordinating structure that cuts across existing social service systems to coordinate early childhood services for families with young children . . . .

2003 Hawaii House Bill No. 2156 (Feb. 20, 2004); 2003 Hawaii Senate Bill No. 3223 (Jan. 28, 2004); 2003 Hawaii Senate Bill No. 3083 (Jan. 28, 2004)

Be It Enacted By The Legislature Of The State Of Hawaii:

SECTION 1. The legislature finds that early education helps to shape a child's future, as it is the most effective means of closing the K-12 achievement gap. Accordingly, the ability to prepare young children for school is clearly dependent upon an institution with the proper infrastructure to support school readiness. Currently, however, quality early education and care are not only scarce, but also unaffordable for many families in Hawaii.  

The legislature also finds that sixty-two per cent of mothers in Hawaii work full-time and often lose productivity as a result of inadequate child care. Over half of Hawaii's children who enter kindergarten are up to two years behind academically. Hawaii also suffers from social ills such as high rates of incarceration for drug-related offenses, particularly in light of the crystal methamphetamine epidemic that is running rampant throughout our islands today. The effects of these dynamics further necessitate a highly structured and monitored program to make early education outside of the home accessible to all young children, especially those from low-income families.  

Federal, state, and private resources have been utilized to help young children attend preschool programs, including the department of education's special education preschool, Kamehameha Preschools, Head Start, and the department of human services child care program. The amount of funds necessitated and utilized has dramatically increased from more than $43,000,000 in 1997 to nearly $83,500,000 in 2001.

A total of eight thousand two hundred fifty-nine low-income three-and-four-year-olds received subsidies in 2001 for various pre-school programs. However, six thousand eight hundred forty-eight low-income three-and-four-year-olds who were eligible did not receive assistance in 2001.  

Government funding allotted for child care is comprised of moneys obtained from the Federal Temporary Assistance for Needy Families (TANF) program designated for child care, a federal block grant, and matching funds received from the state equal to approximately $55,000,000. Approximately thirty-five per cent of the funds are spent on formal child care programs, including preschools, family licensed day care centers, and the open doors program. However, the remaining sixty-five per cent of the allotted funds is spent on unstructured, unregulated, informal child care, including the care of young children by relatives and other extended family members.  

The legislature further finds that the cost of providing a high quality early education program for low-income three-and-four-year-olds who do not receive any assistance is approximately $8,700 per child. Additionally, the cost of providing programs with suitable incentives to implement quality improvement measures, such as employing teachers with appropriate degrees, accreditation, implementing the Hawaii preschool content standards, and authentic assessment, would require an additional $300 per child.   The legislature determines that investing in quality early education and care is a preventive strategy that will ultimately save Hawaii money by reducing social risk factors and further costs to society. Research estimates that for every dollar invested in early childhood education there is a savings to the State of $7 in foregone remedial education costs, a reduction in welfare dependency, and a reduced crime rate. The return on this investment will generate benefits that greatly exceed its cost. Therefore, steps must be taken to ensure that existing federal, state, and private funding is properly utilized to provide programs and assistance to our young children for their social and academic success . . . .

2003 Hawaii Senate Bill No. 1584 (Feb. 13, 2004) 

Be It Enacted By The Legislature Of The State Of Hawaii:

SECTION 1. The legislature finds that there are approximately thirty-one thousand Hawaii children between the ages of three and four, and approximately fifteen thousand of these children are from low-income households. Of these households, less than fifty per cent receive some form of government assistance. The legislature further finds that both federal and state-funded early childhood education programs have shown that quality early education services are especially critical for children from lower income households to succeed. The legislature further finds that the State's Pre-Plus public-private early childhood education initiative has proven to be a successful model to provide early education for this target group of children.

The legislature finds that one way to improve Hawaii's performance in the third desired outcome is to increase the ability of parents to place their children in quality care. However, many parents need financial assistance to pay the full cost of quality early childhood education and care. More specifically, eligibility for child care assistance is a potentially important avenue for low-income families to gain access to center-based programs. Recent findings indicate that participation in a formal care setting fosters cognitive development (NICHD Early Child Care Research Network 2000). Programs that do not depend on parental employment status are another important route through which three- to five-year-old, low-income children can be exposed to structured group settings that enhance their preparation for formal schooling . . . .

Gov. Lingle, Hawaii State of State (January 24, 2005).

Study after study has shown that early childhood education is a key to success later in life. State, federal and private funding for childcare and pre-school programs in Hawaii totals nearly $100 million a year, and yet many working families forego quality childcare because they simply can’t afford it.

In addition, the existing pre-school programs cannot keep up with demand. This means that too many children are entering the school system without the basic skills they need to succeed.

To provide more support for these children, their families, and our existing pre-schools, I am launching the Early Childhood Education Initiative. This initiative will enable 3,000 more children, ages 3 and 4, to attend high-quality, fully accredited pre-schools.

Eligibility Criteria for State Preschool Program:

Preschool Open Doors Program

H.R.S. § 302A-410.

(a) The department [of education] plan for quality early education shall focus on children from ages four up to six years.

H.A.R. § 17-798.1-2 Definitions

. . . "Preschool Open Doors" means . . . a year of preschool experience prior to entering kindergarten.  Eligibility emphasizes the age and special needs of the child, rather than the need of the caretaker . . . .

H.A.R. § 17-798.1-29 General Eligibility Requirements

(a) In order to be eligible for Preschool Open Doors child care payments under this subchapter, the individual shall meet the following criteria:

   (1) Eligible children:

      (A) Must be age four years by December 31 of the year applying for the program, or

      (B) Must be age three years by December 31 of the year applying for the program and have special needs;

         (i) Must have a special populations referral; and

        (ii) Must not qualify for Department of Education (DOE) Special Education.

   (2) Depending upon availability of funds, a family unit shall be eligible for child care under this subchapter provided the family unit has a monthly gross income that does not exceed 85% of the State Median Income for a family of the same size. Assistance shall be provided as available by department geographical area in the following ranked order:

      (A) Age of children

          (i) Children must be four years old by December 31 of the year applying for the program, have special needs that designate them eligible for Special Populations Referral (defined by their identification as Special Needs, English as a Second Language, or Homeless), eligible to enter kindergarten at the start of the following school year, and need child care assistance to attend preschool;

         (ii) All other children who will be four years old by December 31 of the year applying for the program, who would be eligible to enter kindergarten at the start of the following school year and need child care assistance to attend preschool; and

       (iii) Children who will be three years old by December 31 of the year applying for the program and are eligible for Special Populations Referral (defined by their identification as Special Needs, English as a Second Language, or Homeless), apply for Department of Education (DOE) Special Education programs and do not qualify for DOE Special Education programs, and need child care assistance to attend preschool

     (B) Income and family size.

        (i) Families shall be income-ranked by department geographic area to establish eligibility for the allocated funds.

      (ii) Families with the greatest family size and lowest income shall have the next priority.

(b) Eligibility shall be established during a limited period of open enrollment for preschool assistance in licensed group center care for the period up to twelve months prior to entering kindergarten, according to the respective rates as provided under § 17-798.1-14.

H.R.S. § 302A-411

(a) The department shall establish and maintain junior kindergartens and kindergartens with a program of instruction as a part of the public school system; provided that:

(1) Attendance shall not be mandatory; and

(2) Charter schools shall be excluded from mandatory participation in the program.

(b) The department shall establish a two-tier junior kindergarten and kindergarten program to support the range of developmental abilities of children in junior kindergarten and kindergarten. Any school may move students between junior kindergarten and kindergarten as the school deems appropriate. Junior kindergarten students may graduate directly to grade one. The program shall include any or all of the following models:

(1) Classrooms composed exclusively of either junior kindergarten or kindergarten students;

(2) Coordination with public, private, or public-private entities to address the needs of junior kindergarten-eligible students within the school's community; and

(3) The blending of junior kindergarten and kindergarten students in a single classroom.

(c) ... Beginning with the 2006-2007 school year, a child who will be at least five years of age on or before August 1 of the school year may attend a public school kindergarten. Beginning with the 2006-2007 school year, a child who will be at least five years of age after August 1 and before January 1 of the school year may attend a public school junior kindergarten.

Pre-Plus School Construction Program

Minutes of Regular Education Meeting of Board of Education, State of Hawaii (Feb. 22, 2001):

... [The Pre-Plus Program targets] three- and four-year-old children below 200% of the Federal Poverty Level (FPL) currently not in preschool and assur[es] the increase in availability and accessibility of quality early learning programs . . . .

Program Length/Duration:

No provision to this effect.

Scope of State's Responsibility to Provide Preschool:

H.R.S. § 302A-409.

The department [of education] shall develop a plan for quality voluntary early education that will be fully implemented and available statewide to all eligible children on a voluntary basis no later than January 1, 2000.

H.R.S. § 302A-410. Quality Early Education Plan

. . . (c) The department of education shall work cooperatively with the department of human services, the department of health, college level education programs, early education organizations, parents of young children, and other appropriate organizations, in developing a quality early education plan. The plan shall include but not be limited to the following:

       (1) Standards for curriculum, activities, facilities, and teacher training for early childhood education;

       (2) Methods and materials designed to involve and educate parents and guardians in the education and development of their young children;

       (3) A timetable and implementation schedule, approved by the board, to be submitted to the governor and the legislature;

       (4) Costs for delivery of early childhood services, including how costs can be shared between the public and private sectors . . . .

H.A.R. § 17-798.1-28.

Child care payments under this subchapter [regarding the Preschool Open Doors program] shall be for early childhood services that can contribute to school readiness by providing a school year of experience in a preschool program prior to entering kindergarten.

Note:  Several bills proposed in recent years would have expanded the state's responsibility for providing preschool.  However, the only bills to be passed which affect preschool education are 2004 Hawaii Sess. Laws Act 219 (creating a junior kindergarten program allowing children with birthdays late in the year to enter junior kindergarten, thereby providing them an extra year of school) and 2004 Hawaii Sess. Laws Act 237 (creating a small pilot program to provide early childhood services to at-risk children). The Early Learning Educational Task Force established in 2006 Hawaii Sess. Laws Act 259 will be recommending a five-year plan (by the end of 2007) to implement and fund early leaning services for four-year-olds, as well as other "comprehensive and sustainable" birth-to-five initiatives.

Scope of State's Responsibility to Fund Preschool:

H.A.R. § 17-798.1-13 Method of computing child care payment

(a) The family shall provide verification of the cost of the selected child care prior to the authorization of the child care payments and within 10 calendar days from the date there is a change in the cost of child care.

(b) A family that has met the eligibility requirements specified in §§ 17- 798.1-9, 17-798.1-10, 17-798.1-29, or 17-798.1-35 shall have the payment amount and the family's contribution determined as follows:

     (1) The monthly child care payment amount shall be computed prospectively, as defined in § 17-798.1-2, for the initial two full months of child care eligibility. In prospective budgeting, the department shall use the average of the prior two months gross income, or the monthly gross income received in the prior month, or a projection of monthly income that is anticipated to be received to calculate the monthly gross income.

         (A) If initial child care eligibility is established in a month where eligibility for less than full-time child care is warranted based on less than full-month child care need, the payment shall be calculated prospectively, but shall not count as one of the full months of eligibility.

        (B) Child care benefits shall be calculated prospectively whenever there is a significant change in child care from the preceding month.

    (2) The child care payment shall be computed retrospectively, as defined in § 17-798.1-2, from the third full month of eligibility following two full months of prospective computations.

(c) The child care rate shall be calculated by:

    (1) Counting the number of employment, education or job, vocational or employment training hours to be engaged in by the caretaker for the month;

    (2) Comparing the caretaker's employment, education or job, vocational or employment training hours with the need for child care hours, and choosing the lesser hours; and

    (3) Using the child care rate table as referenced in § 17-798.1-14 to identify the type of child care for each qualifying child and the caretaker's activity hours that support the need for child care.

(d) The child care amount to be paid each month of eligibility shall be the child care rate on the child care rate table as referenced in § 17-798.1-14 corresponding to the lesser amount when comparing the caretaker's employment, schooling or job, vocational or employment training hours with the hours needed for child care, or actual child care cost, whichever is less, based on the type of care that is approved and used, minus the co-payment amount as identified in § 17-798.1-15(g).

(e) Eligibility for the child care payment shall be suspended for a month if the family unit is ineligible when the total monthly income exceeds the income criteria for the size of the family unit due to the following:

    (1) Receives a fifth pay check in a month for those who are paid weekly, and a third pay check in a month for those who are paid biweekly, or

    (2) Receives overtime pay in a month; and

    (3) Continues to be prospectively eligible for the following month.

(f) Retrospective budgeting shall be continued following a one-month suspension for the reasons described in § 17-798.1-13(e).

H.A.R. § 17-798.1-14 Child Care rates

(a) The department's rate of child care assistance differentiates between licensed and license-exempt child care programs as specified in this chapter. Effective December 1, 1999, the department may also differentiate rates based on accreditation as set forth in Attachment I.

(b) Child care rates shall be established based on the following types of care:

     (1) Accredited licensed, non-accredited licensed, and license-exempt family child care home and licensed group child care home; and

    (2) Accredited licensed, non-accredited licensed, and license-exempt group center care:

       (A) Preschool care;

       (B) School age care, including holiday, intersession, or summer care;

       (C) Before school care; and

       (D) After school care.

(c) Child care rates shall also be established based on the need for full-time care or part-time care (two-thirds care, one-third care and casual care.)

(d) The child care rate table is attached at the end of this chapter as Attachment I, which is effective June 1, 2002.

H.A.R. § 17-798.1-28.

Child care payments under this subchapter shall be for early childhood services that can contribute to school readiness by providing a school year of experience in a preschool program prior to entering kindergarten.

Pre-Plus School Construction Programs

Minutes of Regular Education Meeting of Board of Education, State of Hawaii (Feb. 22, 2001):. . . [Pre-Plus P]rograms utilizing facilities may not charge families at 200% FPL more than the current reimbursable rate set by the Department of Human Services for accredited preschool programs . . .

Source of Funding for Preschool Program:

Pre-Plus School Construction Program

H.R.S. § 39A-222.

 In addition to powers which it may now have, the department [of budget and finance] shall have all powers necessary or convenient to accomplish the purposes of this part. The powers of the department include, but are not limited to, the following:

. . . (2) To issue special purpose revenue bonds pursuant to and in accordance with this part.                                       

(3) To lend the proceeds of the special purpose revenue bonds issued for [an early childhood education project] to a [not-for-profit corporation that provides an early childhood education and care facility that serves the general public] for use and application by [the organization] for the acquisition, purchase, construction, reconstruction, improvement, betterment, extension, or refinancing of outstanding obligations related to a project . . . .

H.R.S. § 39A-225.

No special purpose revenue bonds [for an early childhood education project] shall be issued unless at the time of issuance the department shall have entered into a project agreement with respect to the project for the financing or refinancing of which such revenue bonds are to be issued. Any project agreement entered into by the department shall contain provisions unconditionally obligating the project party:

   (1) To pay to the department during the period or term of the project agreement, exclusive of any renewal or extension thereof and whether or not the project is used or occupied by the project party, such sum or sums, at such time or times and in such amounts that will be at least sufficient:

   (A) To pay the principal and interest on all special purpose revenue bonds issued with respect to the project as and when the same become due, including any premium payable upon any required redemption of such bonds;

   (B) To establish or maintain such reserve, if any, as may be required by the instrument authorizing or securing the special purpose revenue bonds;

   (C) To pay all fees and expenses (including the fees and expenses of the paying agents and trustees) incurred in connection with such special purpose revenue bonds; and

   (D) To pay the expenses (direct or indirect) incurred by the State, as determined by the department, in administering such bonds or in carrying out the project agreement.

   (2) To operate, maintain, and repair the project as long as the same is used in the provision of early childhood education and care to the general public, and to pay all costs of such operation, maintenance, and repair.

   Moneys received by the department pursuant to paragraph (1)(D) shall not be, nor be deemed to be, revenues of the project and shall be paid into the general fund of the State.

H.R.S. § 39A-233.

The department [of budget and finance] shall have the right to appropriate, apply, or expend the revenues derived with respect to the project agreement for a project for the following purposes:

   (1) To pay when due all special purpose revenue bonds, premium, if any, and interest thereon, for the payment of which the revenues are or have been pledged, charged, or otherwise encumbered, including reserves therefor; and

   (2) To the extent not paid by the project party to provide for all expenses of administration, operation, and maintenance of the project, including reserves therefor.

   Unless and until adequate provision has been made for the foregoing purposes, the department shall not transfer the revenues derived from the project agreement to the general fund of the State.

2001 Hawaii Sess. Laws 259.

... Section 72. Provided that of the general fund appropriation for the office of the lieutenant governor (LTG 100), the sum of $100,000 for fiscal year 2001- 2002 and the sum of $100,000 for fiscal year 2002-2003 shall be expended for the pre-plus early education program; and provided further that the office of the lieutenant governor shall submit a report of all expenditures to the legislature no later than twenty days prior to the convening of the 2002 and 2003 regular sessions . . .

2004 Hawaii Sess. Laws Act 237:

Section 3: There is appropriated out of the general revenues of the State of Hawaii the sum of $200,000 . . . for community-based, collaborative, comprehensive early childhood care direct services for children under age five and their families based on the Hui Imua O Koolauloa model . . .

Scope of Child's Right to Attend Preschool:

No provisions addressing child's right to attend preschool.

Curriculum Content Standards for Preschool Program:

Hawaii Preschool Content Standards: Curriculum Guidelines for Programs for Four-Year-Olds (2004)

Note: Hawaii’s School Readiness Task Force has developed these comprehensive early learning standards, which have been adopted by the State Board of Education, but implementation of the standards by private preschool providers is not mandatory.

Sample:

DOMAIN III: COMMUNICATION, LANGUAGE DEVELOPMENT AND LITERACY

Communication: Speaking and Listening

Standard 1: Use language in a variety of ways.

Example Performance Indicators—

Use spoken language to:

• Tell a story or relate an experience.
• Express thoughts, feelings, and opinions.
• Ask questions.

HAR § 17-892.1-13. Program provisions.

The program conducted in the facility shall provide for staff supervision at all times and an environment and experiences which are aimed at promoting the individual child's physical, intellectual, emotional, and social well-being and growth. This shall be done in the following ways:

(1) The child care director shall provide the department with a brief written description of the facility's program goals and how the daily activities of the center satisfy the physical, intellectual, emotional, social development, and well-being of the child;

(2) Activities which promote physical development shall include:

(A) Daily opportunities for running, climbing, and other vigorous physical activities;

(B) Varied physical activities; and (C) Opportunities for children to learn about the health, development, and care of the children's bodies, including exercise, nutrition, and hygiene;

(3) Programs to promote intellectual development shall:

(A) Provide that a variety of learning materials are introduced and are available to the children; and

(B) Include first-hand experiences for children to learn about the world . ...

Teacher Certification/Qualification Standards for Preschool Program:

H.A.R. § 17-892.1-17

... (g) A teacher shall meet one of the following qualifications:

       (1) A degree in child development or early childhood education from an accredited college or university, and six months working experience in an early childhood program; or

       (2) Post secondary credential in child development associate program or organized two-year (sixty credit) college program and certificate in early childhood education, plus one year supervised teaching experience in an early childhood program; or

       (3) Baccalaureate (bachelor's degree) in elementary education from an accredited college or university plus six months working in an early childhood program, plus six credit -- semester or equivalent approved child development or early childhood training courses, (may be included as part of bachelors of arts or bachelors of science degree); or

      (4) Baccalaureate (bachelor's degree) in any field from an accredited college or university plus six months working in an early childhood program, plus twelve credits--semester or equivalent approved child development or early childhood training courses, (may be included as part of bachelor of arts or bachelor of science degree).

Other Quality Standards for Preschool Program:

H.R.S. § 302A-410

(b) The board shall adopt standards and criteria for quality early education based on current national standards and the needs of Hawaii's children. The standards and criteria shall provide the basis upon which the early education plan shall be developed.

H.A.R. § 17-892.1-17 Staff training, experience, and personal qualifications

(a) Each caregiver shall be qualified through training, experience, and personal qualities for the age group with which the person works.

(b) Staff growth and development shall be encouraged. The director shall make information about workshops, seminars, training sessions or courses available to all staff and volunteers.

(c) Applicants and employees shall be of reputable and responsible character and shall not have a criminal history record, employment history or child abuse/neglect history which poses a risk to children in care as specified in section 17-892.1-3.

(d) Directors, teachers, assistant teachers, and aides employed in a licensed facility on January 25, 1982, shall be deemed to have adequate minimum qualifications for the type of staff position occupied and to maintain this status when shifting employment to another licensed facility.

(e) The age requirements for staff shall be as follows:

    (1) All staff in positions other than child care aide, volunteer, or maintenance personnel shall be at least eighteen years old; and

    (2) A child care aide shall be at least sixteen years old to be counted in the staff-child ratio.

(f) The director of a facility licensed for six or more children shall have the following qualifications:

    (1) A bachelor's degree from an accredited college or university preferably with courses in early childhood education, child development, or related fields, and two years of experience working with children; or

    (2) Combination of two years of college education or child development associate (CDA) certification and four years of experience in work with children; and

    (3) In either case, at least one year of experience shall be with children of the appropriate age for the child care center being directed.

... (h) An assistant teacher shall meet one of the following qualifications:

       (1) Post secondary credential in child development associate program or associate of arts degree and certificate in early childhood education, and six months experience working in an early childhood program; or

       (2) Two years (sixty credits) of post secondary education plus six months working in an early childhood program and nine credits--semester equivalent approved child development or early childhood training courses.

(i) Waivers for teacher or assistant teacher positions may be granted by the department if there are no qualified applicants available for the position, provided:

    (1) The position vacancy has been advertised in the classified ad section of the largest newspaper in the county;

    (2) The prospective employee meets the requirement for the next lower position;

    (3) There is a written plan presented to the department's division administrator on the steps to be taken to bring the employee up to the proper qualifications for the position; and

    (4) Approval for a waiver has been received prior to the hiring of the non- qualified teacher or assistant teacher.

(j) A child care aide shall meet one of the following qualifications:

    (1) High school vocational child care training course; or

    (2) Orientation training course in the center . . . .

H.A.R. § 17-892.1-18 Staff-child ratio

(a) The staff-child ratio shall be met and maintained by all facilities.

(b) The staff-child ratio shall be in writing and shall be made available to the department. Distribution of staff may include a team comprised of teacher, assistant teacher, and child care aides. The staff members shall be on site and shall be assigned to a group of children to be included in the staff-child ratio. Custodians, cooks, and bus drivers shall not be counted in the staff- child ratio when performing regular duties.

(c) The director may teach and may be counted in the staff-child ratio as follows:

    (1) In a center with less than fifty children, the director may teach and may be counted in the staff-child ratio; and

    (2) In a center with fifty or more children the director may teach but shall not be included in the staff-child ratio.

       (A) Exception may be made and the director may be included in the staff- child ratio in cases of emergency or in special situations. In any case this inclusion in the staff-child ratio may not exceed ten hours per week.

       (B) Exception may be made and the director of a child care center, full day only, may be included in the staff-child ratio during the first and last hours of the regular operational day.

(d) The following staff-child ratio shall be implemented:

    (1) Unless specific instructional curriculum and related provisions specify mixing the ages and excepting nap time, the number of children assigned to a staff member shall be determined by the age of the youngest child in the group (unit).

    (2) In those facilities in which an instructional curriculum as well as classroom environment and teacher training specifically require mixing the ages, the number of children per staff member shall be determined by the average of the staff-child ratios according to the chart above. Such provision shall not apply to more than three hours of mixed instructional time during any operational day for the same child or group of children.

    (3) During nap time or night care when children of various ages are mixed together:

       (A) The number of children per staff member shall be determined by the average of the staff-child ratios according to the chart above;

       (B) Non-teaching staff members at the center may be included in the staff ratios.

    (4) Children ages two years eight month or older, who are enrolled in the center on or between September 1 and December 31 of any year and whose birthdays fall on or between these dates may be considered part of the next older age group when determining staff ratios.

(e) The following chart reflects minimum requirements for the grouping of children of a certain age in units so that one unit of two-year-olds will be eight children, one unit of three-year-olds will be twelve children, one unit of four-year-olds will be sixteen children. One teacher shall be mandated for the first unit, three or more units require the addition of an assistant teacher plus aides as needed to meet the ratio . . . .

Minutes of Regular Education Meeting of Board of Education, State of Hawaii (Feb. 22, 2001):. . . [T]he baseline expectations [for the Pre-Plus Program are]: (1) The programs utilizing the facilities must work towards a nationally validated accreditation or comply with Head Start performance Standards within a reasonable time (three years from date of occupancy);  . . . (5) create a professional development incremental plan . . . .

Delivery of Preschool Services:

H.R.S. § 26-12.

The department of education shall be headed by an executive board to be known as the board of education. Under policies established by the board, the superintendent shall administer programs of education and public instruction throughout the State, including education at the preschool, primary, and secondary school levels... .

H.R.S. § 302A-410.

... (d) Early education shall be delivered through private providers to the maximum extent possible, and provision shall be made to enable parents and guardians to opt for home care if they so choose by providing early childhood education resources in each school for in-home use.

1997 Hawaii Sess. Laws Act 77, § 1.

(a) Any state agency may contract with a private nonprofit corporation eligible for tax exempt status in accordance with section 501(c)(3) of the Internal Revenue Code of 1986, as amended, for the purposes of coordinating policy, disbursing public funds, and implementing community plans related to the provision of early childhood education and care services. The corporation, as a condition for receiving public funds, shall be subject to this chapter and be organized to:

(1) Develop policy recommendations concerning all aspects of a coordinated early childhood education and care system, including coordination strategies, resource development, and advocacy more particularly described in the good beginnings early childhood education and care master plan as developed under the auspices of the office of the governor;

(2) Provide the recommendations developed in accordance with paragraph (1) to the interdepartmental council established under section -4 and other appropriate agencies;

(3) Disburse public funds in the manner authorized by law; and

(4) Perform other duties as delineated in this chapter.

(b) No powers or duties assigned to the corporation within this chapter shall be construed to designate the corporation as a state agency or public entity.

2006 Hawaii Sess. Laws Act 259

SECTION 2. (a) There is established the early learning educational task force…. The task force shall develop a five-year plan with annual increments for a coherent, comprehensive, and sustainable early learning system that shall ensure a continuum of quality early learning opportunities for young children in the State from birth up to age five, and which maximizes public and private resources.

The plan for the early learning system shall include:

(1) An implementation and financing schedule that begins with services to four-year-old children and proceeds to younger age groups;

(2) Mechanisms to ensure cross-sector and interdepartmental collaboration;

(3) Measures to ensure the continuing professional development of teachers and administrators; and

(4) Provisions for the promotion of the importance of early learning to families, policymakers, and the general public.

… (c) The program portion of the plan shall:

(1) Delineate a continuum of early learning services for children from birth to age five, beginning with those who will be four years old by January 1 of that school year;

(2) Consider best practice models offered through both early childhood education and parenting education programs;

(3) Address the quality components of standards, curriculum, assessments, instructional approaches, and transitions;

(4) Explore and define the roles and responsibilities of the departments of education, human services, health, and labor and industrial relations, in providing early learning opportunities for all young children from birth to age five;

(5) Identify and ensure maximum use of public facilities, whether the program is publicly or privately run;

(6) Recognize a variety of early learning approaches and service deliveries; and

(7) Ensure sustainability by various types of funding, including federal, state, and private funds.

(d) The workforce development portion of the plan shall address:

(1) Early childhood educator preparation, including credentials, certifications, and licensing;

(2) Fair compensation for early childhood educators in various settings;

(3) Recruitment and retention of the early childhood workforce for all learning settings;

(4) Access to higher education and community-based training; and

(5) Quality and alignment of community-based training and higher education.

Requirements for Student Assessment and Program Evaluation:

None.