State Preschool Program

Overview

Indiana does not offer a state preschool program. Beginning in 1990, however, the state established a pilot competitive grant program for at-risk students in public schools and preschool is one of the allowable programs under the grant program. Indiana also provides grants to childcare programs that offer preschool to low-income children less than six-years-old who are not yet eligible to enroll in public schools, provided the programs can meet specified standards. Lastly, Indiana allows funding provided through the Comprehensive Early Childhood Grant Program, which provides funds for human services for families of children birth to 13, to be used to implement a preschool program, but it is rarely used for this purpose.

State Policy

There are no provisions in Indiana law or department of education guidance documents relating to state policy on preschool.

Eligibility Criteria

At-risk children who are at least three-years-old and have not enrolled in kindergarten are eligible for Indiana’s pilot preschool program. Low-income children under six-years-old from families with income at or below 150% of the federal income guidelines are eligible to participate in preschool programs funded under division of human service’s grants to childcare programs.

Program Length/Duration

There are no provisions in the law regarding the hours of operation of the prekindergarten programs operated under Indiana’s grant programs.

Funding

Indiana’s pilot preschool program is a competitive grant program that provides funds to school corporations for three types of programs designed for at-risk students: early childhood parental information, latchkey, and preschool. Families who receive preschool under a department of human services grant to a childcare program are required to pay a fee based on a sliding scale.

Quality Standards

The only standards for pilot preschool programs are that they screen for physical health problems and learning disabilities and provide for parental orientation and participation. Childcare programs that receive division of human service’s funding to operate a preschool program for low-income children must meet all childcare licensing requirements. The Indiana Department of Education has adopted early learning standards that outline specific skills and concepts for three to five year olds in seven content areas and give examples of instructional strategies.

Delivery of Preschool Services

School corporations may either operate their own at-risk preschool program or contract with a not-for-profit corporation to provide the program, provided the not-for-profit operates a federally approved preschool education program and is not affiliated with a religion. Pilot programs are encouraged to coordinate with educational programs offered by local youth service organizations.

Requirements for Student Assessment and Program Evaluation:

There are no provisions in Indiana law or department of education guidance documents relating to student assessment or preschool program evaluation.

Legal Framework

Education Clause in State Constitution

The Indiana state constitution provides that it is “the duty of the General Assembly to . . . provide, by law, for a general and uniform system of Common Schools, wherein tuition shall be without charge, and equally open to all.”

Summary of Case Law on School Finance System

The constitutionality of Indiana’s school finance system was challenged for the first time in Bonner v. Daniels, filed in April 2006 in Indiana Superior Court. The complaint seeks a judgment declaring that the Indiana system of financing elementary and secondary public education violates the education, due process and equal protection clauses of the Indiana Constitution. The case was dismissed prior to trial in January 2007 on standing and separation of powers grounds, but the Court of Appeals reversed. The State is appealing to the Indiana Supreme Court.

Summary of Case Law on Preschool

No courts have addressed state-funded preschool education in Indiana, but access to full day kindergarten and high quality preschool was raised as an issue in the pending school funding case.

Constitutional Provisions on Public Education

Ind. Const. Art. 8, § 1

Knowledge and learning, generally diffused throughout a community, being essential to the preservation of a free government; it shall be the duty of the General Assembly to encourage, by all suitable means, moral, intellectual, scientific, and agricultural improvement; and to provide, by law, for a general and uniform system of Common Schools, wherein tuition shall be without charge, and equally open to all.

Case Law on the Right to Public Education and Preschool

Is Education a Fundamental Right under the State Constitution?

There is no determination to this effect, but in Bonner v. Daniels, 885 N.E.2d 673 (Ind. App. 2008), the court held that the Education Clause of the Indiana Constitution “provides Indiana’s children with the right to a public education…”

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:

There are no court decisions relating to state-funded pre-k. However, in the pending school funding case, filed in April 2006, the plaintiffs seek funding for full-day kindergarten and preschool as integral components of a public education.

Pending School Finance Cases:

Bonner v. Daniels, 885 N.E.2d 673 (Indiana Court of Appeals 2008)

This class action lawsuit initiated in 2006 by nine Indiana schoolchildren and their parents seeks funding for full-day kindergarten and preschool as integral components of a public education. The students, who reside in low-income, low-performing school districts with high concentrations of minority students, allege that the state system for funding public schools fails to allow Indiana’s most vulnerable students—those disadvantaged by poverty, disability and limited English proficiency, and members of racial and ethnic minorities—the opportunity to acquire the minimum knowledge and skills mandated by the Indiana Constitution and essential to successful and productive citizenship.

The complaint in Bonner v. Daniels cites the national research on the impact of full-day kindergarten and high quality preschool on children’s school readiness skills and later success in school and life. Indiana currently funds full-day kindergarten through a limited grant program that serves approximately 25% of kindergarteners. The state does not fund a preschool program.

The lawsuit, spearheaded by the Indiana State Teachers Association (ISTA), also claims that the State’s foundation aid and "complexity index" for additional funding for at-risk students bear no rational relationship to meeting achievement of the State’s education standards or the complexity of a school district’s student population. The complaint seeks a judgment declaring that the Indiana system of financing elementary and secondary public education violates the education, due process and equal protection clauses of the Indiana Constitution. The complaint names as defendants the Governor, the State Superintendent of Public Instruction, and the State Board of Education.

Prior to trial, on January 29, 2007, the court granted the defendants' motion to dismiss the complaint. The court found that the Governor and the Superintendent of Public Instruction were not proper parties to the case, since they play no part in calculating school funding under the statutory formula. The State Board was also dismissed as a party on a separation of powers basis and also because the court believed that the complaint only addressed the constitutionality of the statutory school funding formula, not how the State Board “weighed and implemented” the formula.

Plaintiffs appealed, and Education Law Center filed an amicus brief in support of the plaintiffs. On May 2, 2008, the Indiana Court of Appeals overruled the trial court’s dismissal, relying extensively on the amicus brief, and found plaintiffs’ claims “clearly justiciable.” The court also held that the Education Clause of the Indiana Constitution “provides Indiana’s children with the right to a public education…” The State is appealing to the Indiana Supreme Court.

Statutes, Regulations and Guidance Documents on State Preschool Program

Indiana Code (Ind. Code ) § 12-17-13-1 et seq., Grants to Preschool Programs

Indiana Code (Ind. Code ) § 12-17-19-1 et seq., Step Ahead Comprehensive Early Childhood Grant Program

Indiana Code (Ind. Code ) § 20-20-28-1 et seq., Early Childhood Programs

Note:  Indiana does not offer a state-funded preschool program.  The statutes listed above and set forth in more detail below, govern Indiana's limited preschool grant programs, which operate with little guidance or instruction from the State. 

Provisions Expressing State Policy on Preschool:

None.

Eligibility Criteria for State Preschool Program:

Ind. Code § 20-20-28-3

As used in this chapter, "preschool program" refers to a voluntary school readiness program for children who are at least three (3) years of age and not enrolled in at least kindergarten.

Ind. Code § 12-17-13-6

The division [of human services] may not approve a [preschool] grant to an applicant unless the applicant agrees to do both of the following:

(1) Serve children whose family income does not exceed one hundred fifty percent (150%) of the official poverty income guidelines established by the Office of Management and Budget, as revised periodically by the United States Secretary of Health and Human Services under 42 U.S.C. 9902(2) for use in community services block grant programs.

(2) Adopt fee schedules based upon a sliding scale set by the division under this chapter.

Program Length/Duration:

No provision to this effect.

Scope of State’s Responsibility to Provide Preschool:

Ind. Code § 20-20-28-4

(a) The department [of education] shall establish pilot programs targeting at-risk students in the following areas:

(1) Early childhood parental information programs.

(2) Latch key programs.

(3) Preschool programs.

Scope of State's Responsibility to Fund Preschool:

Ind. Code § 20-20-28-5

(a) The department:

1. shall select certain school corporations to participate in the respective pilot programs listed in [§ 20-20-28-4]; and
2. may select school corporations that have a pilot program as described in section 4 of this chapter in existence on June 30, 1990.

(b) A school corporation may enter into an agreement with a nonprofit corporation to provide early childhood education, preschool education, or latch key programs. However, if a school corporation enters into a contract for preschool education, the nonprofit corporation:

1. must operate a federally approved preschool education program; and
2. may not be religiously affiliated.

Ind. Code § 12-17-13-3

[For purposes of Grants to Preschool Programs,] "preschool child care program" means a program operated by an organization that offers care to children who are:

(1) less than six (6) years of age; and

(2) not eligible to enroll in a public school.

Ind. Code § 12-17-13-5

The division [of human services] may approve a [preschool] grant to an applicant if the applicant demonstrates to the division that the applicant can do the following:

(1) Provide a physical environment that is safe and appropriate to the various age levels of the children to be served.

(2) Meet licensing standards required under [Ind. Code Ann. § 12-17.2 and Ind. Code Ann. § 31-27].

(3) If necessary, provide transportation to and from the facility operated by the applicant.

(4) Provide program activities that are appropriate to the various age levels of the children to be served and that meet the developmental needs of each child.

(5) Provide efficient and effective program administration.

(6) Provide a staff that meets standards set by the division under this chapter.

(7) Provide for nutritional needs of children enrolled in the program.

(8) Provide emergency health services to children served by the program.

(9) Operate a preschool child care program in accordance with the cost and expense standards set by the division under this chapter.

Ind. Code § 12-17-13-6

The division [of human services] may not approve a [preschool] grant to an applicant unless the applicant agrees to do both of the following:

(1) Serve children whose family income does not exceed one hundred fifty percent (150%) of the official poverty income guidelines established by the Office of Management and Budget, as revised periodically by the United States Secretary of Health and Human Services under 42 U.S.C. 9902(2) for use in community services block grant programs.

(2) Adopt fee schedules based upon a sliding scale set by the division under this chapter.

Ind. Code § 12-17-13-9

The director of the division [of human services] may adopt rules . . . to carry out this chapter [regarding Grants to Preschool Programs], including rules specifying the following:

(1) Standards for the hiring of staff for a preschool child care program.

(2) Cost and expense standards for the establishment and operation of a preschool child care program within a school and within a facility other than a school.

(3) A sliding fee scale for use by preschool child care programs that are operating under a grant under this chapter.

(4) Minimum staff to child ratios for a preschool child care program.

(5) Physical space requirements for a preschool child care program, including indoor and outdoor space.

(6) Nutrition requirements for a preschool child care program.

(7) Standards for the provision of emergency health services in a preschool child care program.

(8) Application guidelines and deadlines.

(9) A method for establishing priority of applicants.

Note:  Indiana operates a Comprehensive Early Childhood Grant Program, known as Step Ahead, which provides funding for the streamlining of human services provided to families of children birth to 13.  Although the statutory provisions evidence an intent for funding to be used to prepare children to enter Indiana's educational system and provide for the use of funding to implement a preschool program, the funding is rarely used for educational purposes.  For a discussion of the program's failure to meet its educational goals, see "Issues Relating to the Step Ahead Comprehensive Early Childhood Grant Program May 1998".  The Step Ahead statutory provisions related to preschool education are as follows:

Ind. Code § 12-17-19-4

As used in this chapter [Step Ahead Comprehensive Early Childhood Grant Program], "eligible program" means a federal, state, local, or private program or service that serves, assists, or otherwise benefits a child . . . . The term includes the following programs or services:   . . . (2) Preschool, including special education preschool . . . .  

Ind. Code § 12-17-19-25

(b) The goals of the preschool or developmental child care program for preschool children are to:

(1) enhance the child's readiness for learning and facilitate the transition from home to school when the preschool child reaches the age of compulsory school attendance;

(2) identify developmental problems or concerns in preschool children and make referrals to the appropriate service providers or to provide the appropriate services;

(3) prevent disruptive employment conditions for parents who are employed; and

(4) ensure a continuity in access to step ahead programs as each preschool child nears the age of compulsory school attendance.

(c) To qualify for an implementation grant under this chapter for preschool or developmental child care programs for preschool children, the eligible entity implementing a preschool or developmental child care program for preschool children must demonstrate cooperation with the following programs within the county:

(1) Public schools, particularly those public schools that provide preschool or special education preschool services.

(2) Head Start programs under 42 U.S.C. 9831 et seq.

(3) Infants and toddlers with disabilities programs under IC 12-12.7-2.

(4) County health department programs.

(5) Private industry council programs.

(6) Women, Infants, and Children (WIC) programs under 42 U.S.C. 1786 et seq.

(7) Community mental retardation and mental health centers that provide services to preschool children with disabilities.

(8) The county office of family and children.

(9) Consumer representation groups.

Source of Funding for Preschool Program:

No provisions to this effect.

Scope of Child's Right to Attend Preschool:

Curriculum Content Standards for Preschool Program:

Indiana Department of Education, The Foundations for Young Children to the Indiana Academic Standards

At the heart of the effort to promote quality early childhood experiences for all, foundations to the standards have been developed to support all adults that work with children from birth to age five. … By outlining specific skills and concepts and giving examples of instructional strategies, these foundations to the standards will support teachers, parents, caregivers, and other professional personnel as they develop appropriate experiences for young children.

In developing the foundations to the standards, the collaborators took as their primary position the concept that a program designed for young children be based on what is known about young children. These foundations are designed to assist all who work with young children in approaching the various domains from a developmentally appropriate perspective.

Sample:

ENGLISH/LANGUAGE ARTS FOUNDATION 1
READING:

Concepts About Print

Beginning readers must first recognize that print carries a message or a concept. Young children may begin ‘reading’ by pointing to the pictures and talking about them. Later, they will begin to put the pictures together to tell a story. …

YOUNG CHILDREN ARE LEARNING WHEN THEY:

• Pretend to read a book.
• Turn one page at a time.
• Name objects from a picture book.
• Hold book right side up, looking at pages and pictures.
• Turn pages from front to back.

...

A CHILD CAN BE SUPPORTED BY AN ADULT WHO:

• Provides the child with a wide range of books and appropriate printed materials.
• Points out print common in the child’s environment: storefronts, trucks, billboards, signs, tags, food, coins, cans, etc.
• Models reading and writing for different purposes. …

Teacher Certification/Qualification Standards for Preschool Program:

Other Quality Standards for Preschool Program:

Ind. Code § 20-20-28-4

... (c) The department shall address the following in establishing [early childhood pilot] programs:

(1) Screening for physical health problems that can inhibit school success.

(2) Screening for learning disabilities.

(3) Parental orientation and participation.

Delivery of Preschool Services:

Ind. Code § 20-20-28-4

. . . (b) In establishing the pilot programs under this chapter, the department shall focus on implementing programs that enable the local school corporation and appropriate community agencies to cooperate with each other.

. . . (d) In addition, the department shall employ an early childhood specialist and support staff personnel to identify and determine ways to coordinate the educational programs offered by local youth serving organizations.

Ind. Code § 20-20-28-5

... (b) A school corporation may enter into an agreement with a nonprofit corporation to provide . . . preschool education . . . programs. However, if a school corporation enters into a contract for preschool education, the nonprofit corporation:

(1) Must operate a federally approved preschool education program; and

(2) May not be religiously affiliated.

Requirements for Student Assessment and Program Evaluation:

Ind. Code § 20-20-28-7

Each school corporation that participates in a [preschool] pilot program under this chapter shall prepare a written report detailing all of the pertinent information concerning the implementation of the pilot program, including any recommendations made and conclusions drawn from the pilot program. The school corporation shall submit the report to the department.