State Preschool Program

As part of the school finance formula for 1998-99, the legislature and governor approved funding for a half-day educational program for four-year-olds who are at-risk of academic failure, but are not being served by Head Start. The At-Risk Four-Year-Old Preschool Program, which grew out of this funding allocation, is operated by school districts in collaboration with public and private preschool and childcare programs. According to the National Institute for Early Education Research (NIEER), Kansas served 15% of all four-year-olds in the state pre-k program in 2005-2006.

For the 2006-2007 school year, Kansas appropriated $2 million to initiate a high-quality Pre-K Pilot program for four-year-olds in seven counties to serve about 600 children, and funding rose to $3 million for 16 counties in 2007-2008. The Pre-K Pilot Program is administered by the Kansas Children's Cabinet, a body of legislative and gubernatorial appointees charged with overseeing the expenditure of Tobacco Settlement money and helping to develop and implement systems to serve children and families.

State Policy

There are no state statutory or regulatory provisions explicitly acknowledging the importance of preschool education. The Kansas Department of Education has issued guidelines for the At-Risk Four-Year-Old Program, however, that list among the objectives of the program: helping at-risk preschool children acquire the skills, knowledge, and behaviors they need to transition successfully to kindergarten; reducing the number of at-risk children who are referred for special education evaluations and retained in grade during their primary school years; and reducing the achievement gap between at-risk and non at-risk primary age children.

The objective of the Pre-K Pilot Program, as set forth in the program guidelines, is that children will enter school ready to succeed.

Eligibility Criteria

Four-year-olds are identified for Kansas' at-risk program by their local school districts according to multiple criteria, such as poverty, teen parents, minor developmental delays, or limited English proficiency. At least half of the children enrolled in the Pre-K Pilot Program must be children eligible for free or reduced lunch, or those with other at-risk indicia, including: children of single parents, teen parents, or parents without a high school diploma; children with limited English proficiency or developmental or academic delays; and children of active duty military personnel.

Program Length/Duration

At-Risk Four-Year-Old Programs must meet the minimum number of hours of operation required for a kindergarten program, which is 2.5 hours a day or a minimum of 465 hours a year.

Pre-K Pilot Programs must meet for at least 3.5 hours for 185 days a year, to coincide with the regular public school year.

Funds for the At-Risk Four-Year-Old Preschool Program are distributed through a competitive grant process.  Districts are reimbursed on a per pupil basis, at half the full day rate used for elementary students.  Approximately a third of the funding available for the at-risk program comes from tobacco settlement funds and the rest from general revenue funds. Starting in 2006, school districts are permitted to use money received on account of their at-risk four-year-old enrollment to pay for at-risk, bilingual and vocational education programs and services.

The Pre-K Pilot program is a competitive grant program, funded with $3 million in state funds and supplemented by community business and foundation contributions.

In a national survey of quality standards, the National Institute for Early Education Research (NIEER) gave Kansas' At-Risk Four-Year Old Program a rating of 3 out of 10 because there are no comprehensive curriculum standards and no requirements for a staff to child ratio or maximum class size.  (After the NIEER survey Kansas implemented comprehensive early learning standards, as well as a minimum class size of 20 and a staff-child ratio of 1:10. These standards will be required for programs beginning in 2007.) Kansas also does not require that meals be provided, and the state is not required to monitor programs through site visits. There is a requirement that teachers obtain a bachelor's degree, and certification in early childhood or early elementary education is recommended; assistant teachers must have an associate’s degree, meeting NIEER’s requirements for teacher education. Specialized training for teachers in pre-k is not required, however.  Starting in 2007, 15 hours of in-service training will be required, meeting an additional NIEER benchmark. Programs must provide comprehensive services, including health, vision, and hearing screening, and parental support and training, thus meeting NIEER’s quality benchmarks in these areas. The standards governing the program are set forth in the department of education's preschool grant application and program evaluation guidelines, and do not have the force and effect of statute or regulation.

The Pre-K Pilot Program is intended to be a high-quality program and will meet most of the NIEER benchmarks. A research-based curriculum is required. Lead teachers must have associate’s degrees in early childhood education and must obtain bachelor’s degrees within five years. Teacher assistants must have a Child Development Associate credential or equivalent. At least 15 hours of in-service training a year are required for teachers. The teacher:child ratio cannot exceed 1:10, with a class size no greater than 20.

Pilot Program guidelines do not address snack or meal requirements. Programs must utilize family services workers to provide referrals and additional family support, but the guidelines do not specify the need for health, vision, and hearing screening.

Only public school districts are eligible for grants under the At-Risk Four-Year-Old Preschool Program. District may, however, subcontract with public and private agencies to deliver, operate or maintain preschool programs.

About half of the Pre-K Pilot Program spaces will be in public schools, while the rest will be in existing child care and Head Start programs, including faith-based programs. Community agencies, such as mental health centers, private child care providers, Social and Rehabilitation Services, schools, and other nonprofit organizations or foundations, are encouraged to collaborate and form community partnerships to apply for grants on behalf of service providers.

Every school district must submit an annual report to the state on the demographics and results of its At-Risk Four-Year-Old Preschool Program. When the preschool grant program first began in 1998-1999, the Kansas Department of Education undertook a three-year evaluation of the program. That evaluation, which yielded only limited results, concluded in 2001.

Pre-K Pilot Program classrooms must be assessed annually to receive and maintain a Kansas Quality Rating System rating of at least three stars. Children must be evaluated at the beginning and end of every school year. Grantees must also agree to participate in evaluations by an outside agency or individual.

Education Clause in State Constitution

The education article of the Kansas state constitution requires the legislature to provide for "intellectual, educational, vocational and scientific improvement by establishing and maintaining public schools" and to "make suitable provision for finance of the educational interests of the state." 

Summary of Case Law on School Finance System

Although Kansas courts do not consider education to be a fundamental right, in several rulings they have found Kansas' public education funding scheme, which results in disparities between high- and low-wealth districts, to be unconstitutional.  In a 2005 decision in Montoy v. State, the Kansas Supreme Court affirmed the lower court’s holding that the legislature has failed to meet the constitutional requirement to "make suitable provision for finance" of the public schools. In subsequent rulings in Montoy, the Supreme Court rejected the legislature’s attempts at revamping the funding scheme and retained jurisdiction to monitor compliance.

The Montoy case came to an end in 2006 when the Kansas Supreme Court dismissed it, ruling that 2005 and 2006 school funding legislation complied with the Court’s prior directives to remedy the constitutional deficiencies in the funding scheme in place at the time the lawsuit was filed. The Court declined to remand the case to the trial court for a determination regarding the constitutionality of the newly enacted funding formula.

None of the school finance cases in Kansas have addressed funding for preschool.

Constitutional Provisions on Public Education

Kan. Const. Art. 6, § 1

The legislature shall provide for intellectual, educational, vocational and scientific improvement by establishing and maintaining public schools, educational institutions and related activities which may be organized and changed in such manner as may be provided by law.

Kan. Const. Art. 6, § 2(a)

The legislature shall provide for a state board of education which shall have general supervision of public schools, educational institutions and all the educational interests of the state, except educational functions delegated by law to the state board of regents . . . .

Kan. Const. Art. 6, § 5

Local public schools under the general supervision of the state board of education shall be maintained, developed and operated by locally elected boards. When authorized by law, such boards may make and carry out agreements for cooperative operation and administration of educational programs under the general supervision of the state board of education, but such agreements shall be subject to limitation, change or termination by the legislature.

Kan. Const. Art. 6, § 6(b)

The legislature shall make suitable provision for finance of the educational interests of the state.  No tuition shall be charged for attendance at any public school to pupils required by law to attend such school, except such fees or supplemental charges as may be authorized by law . . . .

Case Law on the Right to Public Education and Preschool

Is Education a Fundamental Right under the State Constitution?

In Unified School District. No. 229 v. State, 256 Kan. 232, 263, 885 P.2d 1170, 1190 (1994), the Kansas Supreme Court held that the district court was correct in applying the rational basis test to an equal protection challenge to school finance legislation, strongly suggesting that it did not consider education to be a fundamental right. In Montoy v. State, 102 P.3d 1160 (Kan. 2005), the Kansas Supreme Court reaffirmed that rational basis is the appropriate standard of review for an equal protection challenge to the state’s school funding formula.

School Finance Cases in Favor of Plaintiffs:

Caldwell v. State, District Court of Johnson County, Case No. 50616 (Aug. 30, 1972)

The trial court found Kansas' public education funding system, which resulted in educational disparities based on school district wealth, unconstitutional.  In 1973, the legislature responded by passing the School District Equalization Act (SDEA), which established a foundation level of school funding per pupil.

Mock v. State, District Court of Shawnee County, Case No. 91CV1009 (Oct. 14, 1991)

In 1990, plaintiffs challenged the constitutionality of the SDEA.  In an "opinion in advance of trial," the district court held that the education clause of the state constitution required the legislature to furnish each child with an educational opportunity that is equal to that made available to every other child.  The court noted that this did not necessarily require equal expenditures, but that disproportionate distribution of resources would require a "rational educational explanation."  The court further ruled that the education clause mandates "suitable" financing for education, defined as sufficient funding to provide a minimally adequate education for all children.  In response to this decision, the governor created a special task force to devise a new school finance system.  In 1992, the state adopted the School District Finance and Quality Performance Act (SDFQPA), which was upheld in Unified Sch. Dist. No. 229 v. State, 885 P.2d 1170 (1994), discussed below.    

Robinson v. State, 117 F. Supp. 2d 1124 (D. Kan. 2000)

Plaintiffs brought suit in federal court under Title VI, the Rehabilitation Act of 1973, and the federal equal protection and due process clauses on behalf of minority students, immigrant students, and students with disabilities, claiming that two provisions of the SDFQPA have adverse disparate impacts on districts in which those students are more heavily enrolled.  The court denied a motion to dismiss and the 10^th Circuit Court of Appeals affirmed.  See Robinson v. Kansas, 295 F.3d 1183 (2002).  The case has not gone to trial yet. 

Montoy v. State, 275 Kan. 145, 62 P.3d 228 (2003) (Montoy I)         

In an action by students and school districts challenging the constitutionality of the state school finance statute, the Kansas Supreme Court reversed the trial court decision granting summary judgment dismissing plaintiffs' complaint, ruling that genuine issues of material fact existed as to whether the legislature had made suitable provision for the finance of education in accordance with the Kansas Constitution, and whether the gaps between the performance of whites and minorities and students in free and reduced lunch programs and those not in such programs evidenced denials of equal protection and due process rights under the Kansas Constitution.

Montoy v. State, 278 Kan. 769, 102 P.3d 1160 (2005) (Montoy II)

The Kansas Supreme Court affirmed the trial court’s finding that the state’s school funding system violated the education clause of the state constitution. The Court relied in part on the 2001 cost study commissioned by the legislature. This study found that the current financing formula and funding levels were inadequate for schools to meet the accreditation standards and performance criteria set by the legislature as the definition of a "suitable" education under the Kansas Constitution. The Court also found that the record in the case established that the funding formula failed to provide adequate resources to enable a suitable education for students in middle- and large-sized districts with a high proportion of minority, at-risk and special education students. In addition, the legislature’s failure to consider the actual costs of educating children distorted the low-enrollment, special education, vocational education, bilingual education and at-risk weighting factors. The Court stated, "It is clear increased funding will be required; however, increased funding may not in and of itself make the financing formula constitutionally suitable. The equity with which the funds are distributed and the actual costs of education, including appropriate levels of administrative costs, are critical factors for the legislature to consider in achieving a suitable formula for financing education." 278 Kan. at 775, 102 P.3d at 1165. The Supreme Court stayed the issuance of a mandate, gave the legislature until April 12, 2005 to correct the constitutional infirmity, and retained jurisdiction of the case.

The Kansas Supreme Court in Montoy II reversed the lower court’s finding that the school finance system violated the equal protection clauses of the state and federal constitutions.

Montoy v. State, 279 Kan. 817, 112 P.3d 923 (2005) (Montoy III)

The Kansas Supreme Court held that the legislature’s appropriation of $142 million in response to the Montoy II decision was not sufficient to bring the state’s school finance system into compliance with its duty under the state constitution to provide "suitable provision" for education. The Court noted that certain inequities were worsened under the new funding legislation and that actual costs were not considered. The Court therefore required the legislature to increase the funding level by $285 million above the prior year’s level by July 1, 2005. The Court further directed that funding would have to be substantially raised for FY 2006 based on the legislature’s own cost study, but granted the legislature the opportunity to devise a new funding formula based on a new cost study it had authorized. Alternatively, if the new study was invalid or not conducted or acted upon in a timely manner, then the Court would direct the legislature to appropriate an additional $568 million, which, in addition to the $285 million appropriated in 2005, would total the amount recommended in the 2001 cost study, adjusted for inflation.

The legislature initially failed to comply with the Court’s July 1, 2005 deadline, but after the Court scheduled a hearing for July 8 and indicated it would freeze all education funding in the state, the legislature passed a funding plan with an additional $148.4 million. The Kansas Supreme Court then ruled that the legislature had met its duty to double education funding for the current school year. The Kansas Supreme Court retained jurisdiction to monitor the legislature’s compliance with its directives.

In July 2006, the Kansas Supreme Court held that the legislature’s 2005 and 2006 school funding legislation “substantially complied” with its prior directives and dismissed the complaint. See Montoy IV, discussed below.

Standard for a Constitutionally Adequate Education:

Unified School District No. 229 v. State, 256 Kan. 232, 257, 885 P.2d 1170, 1185-86 (1994)

"Through the quality performance accreditation standards, the [School District Finance and Quality Performance] Act provides a legislative and regulatory mechanism for judging whether the education is 'suitable.'  These standards were developed after considerable study by educators from this state and others.  It is well settled that courts should not substitute judicial judgment for educational decisions and standards . . . . Hence, the court will not substitute its judgment of what is 'suitable,' but will utilize as a base the standards enunciated by the legislature and the state department of education [in K.S.A. 72-6439]."

Montoy v. State, 278 Kan. 769, 102 P.3d 1160 (2005) (Montoy II)

In Montoy II, the Kansas Supreme Court held that the constitutional requirement for "suitable provision for finance" of public education, including the requirement that the legislature provide for "intellectual, educational, vocational and scientific improvement," imposed a mandate that the Kansas "educational system cannot be static or regressive but must be one which 'advance[s] to a better quality or state.'" (quoting the definition of "improve" in Webster's II New College Dictionary 557 (1997)). 102 P.2d at 1164. The Court found that the state's school performance accreditation system, which is "based upon improvement in performance that reflects high academic standards and is measurable," id. (quoting K.S.A.72-6439(a)), and its standards for individual and school performance levels, comprise the legislature's criteria for determining whether it has made suitable provision for the finance of education. As such, these student performance accreditation measures are at least the base point for determining "suitability." The Court further noted that these measures were employed as the definition of a suitable education in the educational cost study commissioned by the legislature in 2001.

School Finance Cases against Plaintiffs:

Unified School District No. 229 v. State, 256 Kan. 232, 885 P.2d 1170 (1994)

The Kansas Supreme Court upheld the School District Finance and Quality Performance Act (SDFQPA) against challenges under the education clause, equal protection clause, and other provisions of the state constitution.  Noting that the legislature is free to alter existing public policy no matter how revolutionary the change, the Court stated, "[W]e conclude the Act is within all asserted constitutional limitations and, accordingly, is constitutionally permissible legislation."

Montoy v. State, 282 Kan. 9, 138 P.3d 755, cert. den. sub nom. Bergman v. Kansas, 127 S.Ct. 730 (2006) (Montoy IV)

Following several rulings in which the Kansas Supreme Court rejected the legislature’s attempts to revamp the unconstitutional school funding scheme, see above discussion of Montoy v. State under “School Finance Cases in Favor of Plaintiffs,” the Court dismissed the Montoy case. The Court ruled that 2005 and 2006 legislation “substantially complied” with its earlier directive to cure deficiencies in the system in place at the time plaintiffs filed their suit. The Court found that the allocation of an additional $755.6 million per year by 2008-09, one-third of which would be directed to at-risk students, cured the constitutional defects in the prior funding formula. Plaintiffs’ had argued before the Supreme Court that the new funding formula failed to comply with the Court’s prior directive that funding be based on actual costs, citing the legislature’s failure to implement the funding levels recommended in its most recent cost study. The Court rejected this argument, finding that because the new study had been conducted after the case was already on appeal, there had been no fact-finding on its credibility at the trial court level, thereby precluding the Court from considering it. The Court also reasoned that the new funding scheme was based on a three-year plan to increase funding, so its full financial impact would not be known until fully implemented. The Court concluded that any challenge to the new legislation would have to be brought in a new action filed in the district court.  

Decisions Ruling School Finance Issues Were Non-Justiciable:

None.

Cases Related to State-Funded Preschool:

None.

Pending School Finance Cases:

None.

Statutes, Regulations and Guidance Documents on State Preschool Program

Kansas Statutes Annotated (K.S.A.) § 72-6407, as amended by 2004 Kansas Laws Ch. 124 (S.B. 304), School District Finance and Quality Performance; Definitions.

Kansas Statutes Annotated (K.S.A.) § 72-67,115, Preschool programs; interlocal agreements; contracts to provide programs; fees.

Kansas Department of Education, Four-Year-Old At-Risk Program Final Evaluation, January 2002 (cited below as "At-Risk Program Evaluation")

Four-Year-Old At-Risk Children's Program Grant Application 2007-2008 (cited below as "Grant Application Guidelines").

Pre-Kindergarten Pilot Letter of Intent Guidelines (cited below as "Pre-K Pilot Guidelines")

Kansas Early Learning Guidelines and Standards (August 2006)

Four-Year-Old At-Risk Program

Grant Application Guidelines at 2: The objectives for the program [for four-year-old at-risk children] are as follows:

1. Help at-risk preschool children acquire the skills, knowledge, and behaviors that they need to transition successfully to kindergarten.
2. Reduce the number of at-risk children who are retained in grade during their primary school years.
3. Reduce the number of at-risk children who are referred for special education evaluations during their primary school years.
4. Reduce the achievement gap between at-risk and non at-risk primary age children.
5. Increase the level of parent participation in the education of their at-risk children.
6. Provide information to policy makers to assist in planning programs and services for at-risk preschoolers.

Pre-K Pilot Program

Pre-K Pilot Guidelines

The achievement gap starts long before children arrive at school and nearly 1/3 of children in Kansas arrive at school without the basic skills needed for success. High quality prekindergarten experiences have been proven to improve children's school readiness and academic achievement in the early grades, saving the public schools money through reduced grade retention and need for special education services.

… Pre-K Outcome: Children enter school ready to succeed.

Eligibility Criteria for State Preschool Program:

Four-Year-Old At-Risk Program

K.S.A. § 72-6407

. . .(c) "At-risk pupils" means pupils who are eligible for free meals under the national school lunch act and who are enrolled in a district which maintains an approved at-risk pupil assistance plan.

   (d)  "Preschool-aged at-risk pupil" means an at-risk pupil who has attained the age of four years, is under the age of eligibility for attendance at kindergarten, and has been selected by the state board in accordance with guidelines consonant with guidelines governing the selection of pupils for participation in head start programs.

Grant Application Guidelines, at 2: 

Four-year-old at risk children must be identified using at least one of the following criteria:

1. Poverty (qualifies for free lunch program ...)
2. Single parent families (at the time of enrollment the custodial parent is unmarried)
3. SRS referral ...
4. Teen parents (At least one parent was a teen when the child was born)
5. Either parent is lacking a high school diploma or GED
6. Children qualifying for migrant status ...
7. Limited English Proficiency ...
8. Developmentally or academically delayed based on validated assessments ...

NOTE: Participants must be four years of age or before August 31, 2007. (children turning 5 years old on or before August 31, 2007 cannot generate funds for this program)

Pre-K Pilot Program

Pre-K Pilot Guidelines

The priority for enrollment will include 1) children eligible for free lunch, 2) children eligible for reduced lunch, 3) single parent families, 4) teen parents, 5) parent lacking a high school diploma or GED, 6) referrals of at-risk 4 year-olds from early childhood programs, 7) limited English proficiency, 8) developmentally or academically delayed based on assessments, or 9) SRS referral 10) children of active duty military.

At least 50% of children enrolled in the PreK Pilots must meet these criteria.

Program Length/Duration:

Four-Year-Old At-Risk Program

Grant Application Guidelines, at 4: The program must meet the minimum hours of operation as required by the Kansas Department of Education for a kindergarten program. This requires 2.5 hours a day or a minimum of 465 hours a year.

Pre-K Pilot Program

Pre-K Pilot Guidelines

The pre-k experience through the PreK Pilots must be implemented at least 3.5 hours a day, 185 days a year (following the traditional school year).

…If a community chooses to use their existing 4 Year Old At-Risk program as a PreK Pilot classroom, they must either add an additional 4 hours to the Prek experience or use the additional funding (difference between PreK Pilot funding and 4 Year Old At-Risk funding) to improve the existing program to meet the PreK Pilot standards. …

If a community chooses to use a Head Start classroom as a PreK Pilot classroom they must add an additional 3.5 hours to the Head Start experience and limit the class to 4 year olds. …

If a community chooses to use a child care classroom as a PreK pilot classroom it must ensure that the classroom meets the standards of the PreK Pilot for at least 4 hours a day, 185 days a year.

Scope of State’s Responsibility to Provide Preschool:

Four-Year-Old At-Risk Program

K.S.A. § 72-67,115

   (a) The board of any school district may:

   (1)   Offer and teach courses and conduct preschool programs for children under the age of eligibility to attend kindergarten;

   (2) Enter into cooperative or interlocal agreements with one or more other boards for the establishment, operation and maintenance of such preschool programs.

   (3) Contract with private, nonprofit corporations or associations or with any public or private agency or institution, whether located within or outside the state, for the establishment, operation and maintenance of such preschool programs . . . .

Grant Application Guidelines, at 3:  Eligibility/Funding

As part of the school finance formula for 1998-1999, the legislature and governor approved funding a half-day educational program for at-risk four-year-olds.  Districts funded in 2006-07 will be continued, pending approval based on a review of the program as reported in the Continuation Application. Funding is available for a total of (unknown at this time) four-year-old at-risk children across the state. Districts interested in providing the services must develop and submit a competitive grant application. If the programs selected exceed the number of available slots for students, the SEA will prorate the number of students that each selected LEA can count.

Any public school district in Kansas may apply for the program for four-year old at-risk children through a competitive grant process.  Since funds for the program are available through weighted state aid, only LEA's may apply . . . .

Note: During the 2004 legislative session, House Bill 2940, which was known as the "Suitability Bill" because of its desire to redefine a "suitable" education, listed curriculum items that should be supported at the State level, as opposed to the local level, and placed prekindergarten on a list of optional programs that do not require state funding.  The bill passed in the House, but not in the Senate.

Pre-K Pilot Program

Pre-K Pilot Guidelines

The Kansas Children’s Cabinet and Trust Fund announces the invitation for Letters of Intent to apply for PreK pilots from the following counties. Final determination of included counties will depend on state funding levels:

Barber

Chase

Comanche

Crawford

Douglas

Finney

Ford

Gray

Harper

Kingman

Leavenworth

Meade

Montgomery

Morris

Neosho

Riley

…

Scope of State's Responsibility to Fund Preschool:

Four-Year-Old At-Risk Program

K.S.A. § 72-6407

   (a)(2) . . . A preschool-aged at-risk pupil enrolled in a district and receiving services under an approved at-risk pupil assistance plan maintained by the district shall be counted as 1/2 pupil . . . .

K.S.A. § 72-6414b

(a) There is hereby established in every district a fund which shall be called the preschool-aged at-risk education fund, which fund shall consist of all moneys deposited therein or transferred thereto according to law. The expenses of a district directly attributable to providing preschool-aged at-risk assistance or programs shall be paid from the preschool-aged at-risk education fund.

(b) A school district may expend amounts received from the preschool-aged at-risk weighting to pay the cost of providing at-risk, bilingual and vocational education programs and services. …

Second Conference Committee Report Brief, Senate Bill No. 549 (2006)

… School districts would be given flexibility to spend money received for at-risk, preschool at-risk, and bilingual education programs interchangeably.

K.S.A. § 72-67,115

   (a) The board of education of any school district may:

. . . (4) Prescribe and collect fees for providing such preschool programs.

   (b) Fees for providing preschool programs shall be prescribed and collected only to recover the costs incurred as a result of and directly attributable to the establishment, operation and maintenance of the preschool programs. Revenues from fees collected by a board under this section shall be deposited in the general fund of the school district and shall be considered reimbursements to the district for the purpose of the school district finance and quality performance act and may be expended whether the same have been budgeted or not and amounts so expended shall not be considered operating expenses.

Grant Application Guidelines, at 3:  Eligibility/Funding

As part of the school finance formula for 1998-1999, the legislature and governor approved funding a half-day educational program for at-risk four-year-olds.  Districts funded in 2006-07 will be continued, pending approval based on a review of the program as reported in the Continuation Application. Funding is available for a total of (unknown at this time) four-year-old at-risk children across the state. Districts interested in providing the services must develop and submit a competitive grant application. If the programs selected exceed the number of available slots for students, the SEA will prorate the number of students that each selected LEA can count.

Any public school district in Kansas may apply for the program for four-year old at-risk children through a competitive grant process.  Since funds for the program are available through weighted state aid, only LEA's may apply.  Funds are to be used to provide a half-day educational experience for four-year old at-risk children... .

The four-year-old at-risk children are to be counted in the same manner as kindergarten students with funding being based on children in attendance on September 20, 2007. Although children served by Head Start and/or IDEA four-year olds preschool special education programs cannot generate funds for this state program, children who meet the criteria for the four year old at-risk program may be physically in the same classroom as children from the aforementioned programs and/or typically developing preschool-aged children. The weighted enrollment for those children who meet the criteria is 0.50 times the number of four-year old at-risk children times the state aid for the LEA.  Once districts have been notified that their program has been selected for funding, the four-year olds must be included in the enrollment counts when calculating the school district's general fund.

Pre-K Pilot Program

Pre-K Pilot Guidelines

Funding: It is anticipated that $ 3.5 million dollars will be allocated to the pilots. Additional foundation and private support may also be forthcoming. All funding is contingent upon FY 2008 budget approval and securing additional resources.

Note: The final budget only included $3.0 million.

Source of Funding for Preschool Program:

Four-Year-Old At-Risk Program

See K.S.A. § 72-6407, including programs for at-risk four-year-olds in state funding for public schools.

Pre-K Pilot Program

Pre-K Pilot Guidelines

Funding: It is anticipated that $ 3.5 million dollars will be allocated to the pilots. Additional foundation and private support may also be forthcoming. All funding is contingent upon FY 2008 budget approval and securing additional resources.

… Applicants must further explain their plans for: … Blending, integrating and/or braiding other sources of funding to maximize the cost effectiveness of the PreK pilots.

Note: The final budget only included $3.0 million.

…

Scope of Child's Right to Attend Preschool:

None.

Curriculum Content Standards for Preschool Program:

Kansas Early Learning Guidelines and Standards (August 2006)

The Kansas Early Learning document has been developed for use by child care providers, early childhood teachers, administrators, families and others who provide care to young children. The overall purpose of this document is to provide a general overview of the skills, knowledge, and abilities young children have and can learn with the help of caring and knowledgeable adults that lead them toward success in a Kindergarten setting. Each section of the document presents information that can be used by adults to create the opportunities and learning experiences young children need in order to grow, develop, and learn.

Four-Year-Old At-Risk Program

At-Risk Program Evaluation, at 1:  Districts are required to provide a developmentally appropriate educational program that focuses on cognitive, language, social, emotional, physical, cultural, and aesthetic development. 

Grant Application Guidelines, at 5: Starting in the 2007-08 school year, the following standards are REQUIRED for the program.

Comprehensive Early Learning Standards: Programs will receive copies in the spring of 2007 or, if a new program, when they are approved for funding. Professional development on these standards will be provided by the state if funding is available.

Pre-K Pilot Program

Pre-K Pilot Guidelines

All classrooms must implement a research-based curriculum.

Teacher Certification/Qualification Standards for Preschool Program:

Four-Year-Old At-Risk Program

Grant Application Guidelines, at 4: Teaching staff for the program for four-year old at-risk children must have at the minimum an Elementary Education license. A license in Early Childhood Education in Kansas is recommended. KSDE encourages school districts to hire teachers who have either a license in early childhood education or an early childhood endorsement with a license in Elementary Education. Schools should employ paraprofessionals or aides who have at least a Child Development Associate or an A.A. in early childhood education or related field.

Grant Application Guidelines, at 5: Starting in the 2007-08 school year, the following standards are REQUIRED for the program.

All teachers and aides must receive at least 15 hours of in-service training.

Pre-K Pilot Program

Pre-K Pilot Guidelines

• Lead teachers must hold at least an AA in early childhood education or a closely related field; lead teachers must agree to achieve a BA within 5 years of becoming a PreK Pilot site. Scholarship funding will be available to assist teachers with achieving the BA
• Teacher assistants must hold a Child Development Associate (CDA) or equivalent
• Teachers and assistant teachers should receive compensation and benefits equivalent to similarly qualified teachers in the public school
• Teachers must participate in at least 15 hours of in-service training annually …

Other Quality Standards for Preschool Program:

Four-Year-Old At-Risk Program

Grant Application Guidelines, at 5: Starting in the 2007-08 school year, the following standards are REQUIRED for the program.

Most Four Year Old At-Risk programs do not have more than 20 children in their classrooms. No more than 20 per classroom is now a requirement. Best practice as well as research indicates that more than 20 children of this age reduces the quality of the education received. Due to the at-risk nature of the program, 17-18 children per classroom is recommended (this has always been the case.)

At least 2 adults must be in the classroom with a staff-child ratio of 1 to 10 children.

Four Year Old At-Risk programs must provide at least one snack per classroom session to all the children attending their program.

Note:  The Kansas Stakeholders Advisory Committee for Early Childhood Education has developed Quality Standards for Early Childhood Education for Children Birth Through Eight.

Pre-K Pilot Program

Pre-K Pilot Guidelines

• The teacher:child ratio will be no higher than 1:10 (1:8 preferable)
• The class size will not exceed 20 children …
• All classrooms must agree to receive a Kansas Quality Rating System (KQRS) assessment prior to becoming a PreK Pilot site. In order to participate, all classrooms must be at least 3 stars. PreK Pilot sites must be reassessed annually. …
• All classrooms must agree to implement the support recommended by the quality improvement plan that will come from the assessment. These supports may include technical assistance, classroom upgrades and/or teacher training. …
• Every 4 classrooms will have a family services worker (similar to the family advocate role in Head Start) who would provide referrals and additional support to families that need it. It is assumed that this professional will hold an MSW (or related degree) or a minimum of a BA and 5 years closely related experience.

Delivery of Preschool Services:

Four-Year-Old At-Risk Program

K.S.A. § 72-67,115

   (a) The board of education of any school district may:

. . . (3) Contract with private, nonprofit corporations or associations or with any public or private agency or institution, whether located within or outside the state, for the establishment, operation and maintenance of such preschool programs.

At Risk Program Evaluation, at 1:  Many districts combine the children and resources from all of their programs for four-year olds (i.e., Special Education, Head Start, Even Start, Title I, Four-Year-Old At-Risk) in order to provide better service to all of the children.

Pre-K Pilot Program

Pre-K Pilot Guidelines

H. Eligible Applicants

Grants will be awarded to school districts and not-for-profit community partnerships or to nonprofit community agencies on behalf of a coalition of service providers. It is suggested that existing coalitions be utilized whenever possible and expanded if necessary. Membership of the community partnership should include representation from the following: mental health center, private child care providers, cooperative extension, Head Start, Social and Rehabilitation Services, schools, health department, the faith based community, businesses, family representatives, community colleges or universities, library, government, child care resource and referral agencies, Interagency Coordinating Councils, other nonprofit organizations, or foundations. Community foundations may apply and are subject to the same conditions. …

Implementation of the PreK Pilot:

Approximately 50% of the spaces will be in public schools and 50% of the spaces would be in existing child care and Head Start programs (including faith-based programs) that meet all of the program standards outlined in this RFP.…

…If a community chooses to use their existing 4 Year Old At-Risk program as a PreK Pilot classroom, they must either add an additional 4 hours to the Prek experience or use the additional funding (difference between PreK Pilot funding and 4 Year Old At-Risk funding) to improve the existing program to meet the PreK Pilot standards. …

If a community chooses to use a Head Start classroom as a PreK Pilot classroom they must add an additional 3.5 hours to the Head Start experience and limit the class to 4 year olds. …

If a community chooses to use a child care classroom as a PreK pilot classroom it must ensure that the classroom meets the standards of the PreK Pilot for at least 4 hours a day, 185 days a year.

Requirements for Student Assessment and Program Evaluation:

Four-Year-Old At-Risk Program

K.S.A. § 72-6414b(d)

Each year the board of education of each school district shall prepare and submit to the state board a report on the preschool-aged at-risk program or assistance provided by the district. Such report shall include information specifying the number of pupils who were served or provided assistance, the type of service provided, the research upon which the district relied in determining that a need for service or assistance existed, the results of providing such service or assistance and any other information required by the state board.

Pre-K Pilot Program

Pre-K Pilot Guidelines

• All classrooms must agree to receive a Kansas Quality Rating System (KQRS) assessment prior to becoming a PreK Pilot site. In order to participate, all classrooms must be at least 3 stars. PreK Pilot sites must be reassessed annually. …
• All classrooms must agree to participate in child evaluation at the beginning and end of the school year. …
• Recipients of funds must be willing to participate in an evaluation conducted by a qualified independent agency or individual selected by the Cabinet.