Overview
Kentucky requires all school districts to offer
a half-day preschool program to every four-year-old
child who meets the eligibility standard for
the federal free lunch program and all three-
and four-year-olds with developmental delays
and disabilities, regardless of income. Districts
are also allowed to serve other four-year-olds
if space is available. According to the
National Institute for Early Education Research (NIEER), Kentucky served 29%
of all four-year-olds in its preschool program in 2006-2007. Although state funding
for the preschool program had been decreasing
since 2001, it remained level for FY 2006,
and an additional $23.5 million a year was
appropriated for FY 2007 and FY 2008 to expand
eligibility to four-year-olds from families
earning up to 150% of the federal poverty level.
This additional funding increased per child
spending from $2,496 in 2006 to $3,474 in 2007,
and lifted total annual preschool spending
to $75.1 million.
State Policy
While there are no specific statutory provisions
that affirm the importance of state-funded
preschool, the existence of a high quality
program for low-income children is indicative
of the fact that the State recognizes the
vital role early childhood education plays
for at-risk children. Furthermore, the Department
of Education's Early
Childhood Standards note
that high quality early education programs
are "the foundation for an expectation of
high level outcomes for young children."
Eligibility CriteriaKentucky’s preschool program is targeted to
very low-income children. Beginning with
the 2006-2007 school year, all four-year-olds
with a family income at or
below 150% of the federal poverty level,
are covered.
The program also serves three- and four-year-old
children with developmental
delays and disabilities, as defined by federal
special education law. School districts are
required to “establish and maintain an active
recruitment process which systematically
assures enrollment of eligible children.” Other
four-year-olds may attend a district’s preschool
program if placement is available.
Program Length/Duration
The program runs on an academic calendar year and is a half-day schedule that
must provide a minimum of 2 ½ hours
of classroom time per day.
Funding Funding is through a grant
allotment system whereby the Department
of Education allocates funds to individual school
districts based on the number of eligible children
in the district. The Department determines the per
child allotment for each year. These
funds must remain separate from
all other district funds, and their use is
limited to implementation of the preschool
program.
Quality Standards
In a national survey
of quality standards, the National Institute
for Early Education Research (NIEER) gave
Kentucky's preschool program a rating of
8 out of 10. There is a maximum class
size of 20, a staff-child ratio of 1:10,
and provisions regarding family support
services, health screening, social service
referrals, and nutrition and facilities requirements.
The teacher
degree requirements require a bachelor's
degree as well as an early childhood education
certificate,
except where waivers are granted to teachers
already in preschool teaching positions.
Assistant
teachers only need a high school diploma, falling short of NIEER’s requirement
for a CDA or an equivalent degree or certification. Kentucky also fails to
meet NIEER’s benchmark for monitoring, since site visits are not required. The
Kentucky administrative regulations include broad curriculum
guidelines, and the Department of
Education has adopted comprehensive early
learning standards for three- and
four-year-olds that meet NIEER’s benchmark.
Delivery of Preschool Services
The Kentucky Preschool Program is operated primarily through public school districts, although individual districts may subcontract with
private schools, community agencies, Head
Start centers or childcare centers to provide
preschool services. Any nonpublic
program must meet all of the other standards
for the preschool program and must be approved
by the Kentucky Board of Education. Any private
program must be separately
incorporated from any related religious
institution and must not offer a religious
curriculum. The statute also requires local
districts to work with existing preschool
programs to avoid duplication of programs
and services, to avoid supplanting federal
funds, and specifically to maximize
Head Start funds.
Requirements for Student Assessment and Program Evaluation
Kentucky provides that students should be assessed on an ongoing and regular basis. Administrative regulations require local programs be evaluated at least annually. The evaluation must include rate of participation, parental satisfaction, future success of participating children, and adherence to state administrative regulations.
Education Clause in State Constitution
The education clause in
the Kentucky Constitution provides, "the General Assembly shall, by appropriate legislation, provide for an efficient system of common schools throughout the State."
Summary of Case Law on School Finance System
In Rose
v. Council for Better Education the
Kentucky Supreme Court held that "[a]
child's right to an adequate education is a
fundamental one under our Constitution." The
Court found that the state's common school
system did not satisfy the constitutional requirement
that the General Assembly provide an efficient
system of common schools throughout state.
The
Court held that to meet the constitutional
mandate, the system of education must be adequately
funded
to achieve its goals and substantially uniform
throughout the state, so that every child in
the state is provided with an equal opportunity
to have an adequate education.
The Court in Rose laid
out seven
capacities
that must
be the goal
for
every child
under a constitutionally "efficient" system of education: (i) sufficient oral and written communication skills to enable students to function in a complex and rapidly changing civilization; (ii) sufficient knowledge of economic, social, and political systems to enable the student to make informed choices; (iii) sufficient understanding of governmental processes to enable the student to understand the issues that affect his or her community, state, and nation; (iv) sufficient self-knowledge and knowledge of his or her mental and physical wellness; (v) sufficient grounding in the arts to enable each student to appreciate his or her cultural and historical heritage; (vi) sufficient training or preparation for advanced training in either academic or vocational fields so as to enable each child to choose and pursue life work intelligently; and (vii) sufficient levels of academic or vocational skills to enable public school students to compete favorably with their counterparts in surrounding states, in academics or in the job market. Other
state courts
around the
country have
cited the Rose decision
and these
seven capabilities
in their discussion
of a constitutionally
adequate education
under their
state constitution.
In 2003, two
cases were
filed
that challenge
Kentucky's
current system
of school
finance on
adequacy and
equity grounds,
consolidated under the caption Young
v. Williams.
The cases
were dismissed
on summary
judgment in
February 2007,
based on the
trial court’s
determination
that the funding
system was
not arbitrary,
and educational
appropriations
were sufficiently
adequate to
cause performance
improvements
in the public
schools of
Kentucky.
Summary of Case Law on Preschool There
have yet to
be any decisions
on preschool
education
in Kentucky.
However, the
plaintiiffs
in the school
finance case, Young
v. Williams, dismissed
on summary
judgment,
had
included a
claim for
more state
funding for
preschool
education.
The General Assembly shall, by appropriate legislation, provide for an efficient system of common schools throughout the State.
Is Education
a Fundamental Right under the State Constitution?
"The framers of Section 183 emphasized that education is essential to the welfare of the citizens of the Commonwealth. By this animus to Section 183, we recognize that education is a fundamental right in Kentucky." Rose v. Council for Better Education,
790 S.W.2d 186, 206 (Ky. 1989).
"A child's right to an adequate education is a fundamental one under our Constitution." Id. at 212.
School
Finance Cases in Favor of Plaintiffs:
The Kentucky Supreme Court held that the
state's common school system, characterized by
overall inadequacy when compared to national
standards and standards of adjacent states, great
disparity in educational opportunities throughout
the state, and great disparity and inadequacy
of financial support throughout the state, did
not satisfy the constitutional requirement that
the General Assembly provide an efficient system
of common schools throughout state. The Court defined an efficient system of education as one that has as its goal providing every child with at least seven stated capacities, discussed below under "State Court Standard for a Constitutionally Adequate Education.
" The Court held that to meet the constitutional
mandate, the system of education must
be adequately funded to achieve its goals and
substantially uniform throughout the state, so
that every child in the state is provided with
an equal opportunity to have an adequate education.
Standard
for a Constitutionally Adequate Education:
"[A]n efficient system of education must have as its goal to provide each and
every child with at least the seven following capacities: (i) sufficient
oral and written communication skills to enable students to function in a complex
and rapidly changing civilization; (ii) sufficient knowledge of economic, social,
and political systems to enable the student to make informed choices; (iii) sufficient
understanding of governmental processes to enable the student to understand the
issues that affect his or her community, state, and nation; (iv) sufficient self-knowledge
and knowledge of his or her mental and physical wellness; (v) sufficient grounding
in the arts to enable each student to appreciate his or her cultural and historical
heritage; (vi) sufficient training or preparation for advanced training in either
academic or vocational fields so as to enable each child to choose and pursue
life work intelligently; and (vii) sufficient levels of academic or vocational
skills to enable public school students to compete favorably with their counterparts
in surrounding states, in academics or in the job market."
School Finance Cases against Plaintiffs:
Young
v. Williams, Franklin County Cir. Court
(consolidated action: Council for Better
Education v. Williams and Young v. Williams)
(2007)
These cases were filed in 2003, challenging
the state's current system of school finance
on adequacy and equity grounds. Plaintiffs
had included a claim for more state funding
for preschool education in the suit. (Funding
for Kentucky's preschool program had been
cut 21% over a three year period.) On cross-motions
for summary judgment, the trial court dismissed
the entire case, but agreed that "more
funding for education is a good idea" and "education
should be the legislature’s exclusive
first priority." Following an unsuccessful
motion for reconsideration, plaintiffs decided
not to appeal.
The plaintiffs had alleged that five costing-out
studies (commissioned by plaintiffs and the
state) determined that Kentucky underfunded
its schools between $1.08 and $2.2 billion
for the 2003-2004 school year, rendering
the state’s financing scheme inadequate.
Plaintiffs also alleged the financing scheme
was arbitrary, since the state failed to
use a specific, systematic method of quantifying
the necessary costs of an adequate education.
The defendants offered evidence that Kentucky
students had nevertheless shown dramatic
performance improvements. Because the plaintiffs
relied on cost studies, which relate to the
adequacy of inputs, and the court found no
proof of diminished educational outputs—student
performance or school system adequacy—the
court dismissed the adequacy claim. The court
also found that the separation of powers
doctrine prevented it from substituting its
judgment for the legislature’s as to
what the proper method for determining educational
appropriations should be. The court could
not find that the legislature’s method
was arbitrary, since the educational outputs
of the school system were showing improvement,
according to the state.
Decisions
Ruling School Finance Issues Were Non-Justiciable:
None.
Cases
Related to State-Funded Preschool:
None.
Pending
School Finance Cases:
None.
Kentucky Revised Statutes (K.R.S.) § 157.3175,
Preschool education program
Kentucky Revised Statutes (K.R.S.) § 158.100,
Programs required to be provided by
school district
Fiscal Biennium 2006-2008 Budget Modification
Report
702 Kentucky Administrative Rules (K.A.R.) § 3:250,
Preschool grant allocations.
704 Kentucky Administrative Rules
(K.A.R.) § 3:410,
Preschool Education Program for four
year old children
704 Kentucky Administrative Rules
(K.A.R.) § 3:420,
Preschool associate teachers
Kentucky's Early Childhood Standards
Provisions
Expressing State Policy on Preschool:
There are no statutory or regulatory
provisions specifically acknowledging
the importance
of early childhood education, although
Kentucky has served low-income 4-year-olds
in its
state-funded
preschool program since 1990. The
Kentucky Department of Education recognized
the importance
of high quality preschool programs
in the introduction section of the
state's
Early Childhood
Standards:
High quality early care and education programs are the foundation for an expectation of high level outcomes for young children. Research has shown that children participating in quality early care and education programs demonstrate better math and language skills, possess increased attention and social skills, and have fewer behavioral problems in elementary school than other children.
Eligibility
Criteria for State Preschool Program:
(1) [I]t shall be the
responsibility of each local school district
to assure that a developmentally appropriate
half-day preschool education program is provided
for each
child who is four (4) years of age by October
1 of each year and at risk of educational failure
[and] . . . [a]ll other four (4) year
old children shall be served to
the extent placements are available. . . .
... (3) Children who are at risk shall
be identified based on the Federal School Lunch
Program eligibility criteria for free lunch.
. . .
(6) Programs shall reflect an equitable geographic distribution representative of all areas of the Commonwealth.
Fiscal
Biennium 2006-2008 Budget Modification Report
The
Senate provides additional General Fund support
totaling $23,502,300 in
each fiscal
year to provide Preschool services to children
in families up to 150% of the federal poverty
guideline.
Section
2. Eligibility. (1) Except as provided
in subsection (2) of this section, a child
shall be eligible for enrollment in the preschool
program if the child is:
(a) A resident of the district;
(b) Four (4) years old by October 1 of the school year; and
(c) Approved for free lunch based on federal free lunch criteria
in effect as of the child's initial day of attendance in preschool. Preschool
eligibility may be determined up to four (4) months prior to the start
of school. Once free lunch eligibility has been approved, the child shall remain
eligible
for enrollment in the preschool program for the remainder of the school
year.
(2) A resident child who is four (4) years old by October 1 but
who is not eligible for the free lunch program may be served if space is
available.
Program
Length/Duration:
K.R.S. § 157.3175.
(1) [I]t shall be the responsibility of each local school district to assure
that a developmentally appropriate half-day preschool education program is provided. ...
Section 6. Program Operation.
(1) The local school district shall select one (1) of the following program options:
(a) Standard half-day, five (5) day a week program (single session);
(b) Half-day, four (4) day a week program in single or double session,
with the fifth day for services to children and their families, such as home
visits, special experiences for children, parent training, or coordination of
medical or social services; or
(c) A locally-designed program approved by the chief state school
officer.
(2) If a double session program is utilized, the following provisions shall be made:
(a) Time shall be allotted prior to each session to allow staff
to prepare for the session as well as give individual attention to children entering
and leaving the program;
(b) Adequate break time shall be provided for staff during the course
of the day;
(c) Staff assignments shall provide time for parent involvement activities and coordination of services described in subsections (5) through (8) of this section . . . .
(3) The hours of operation of the half-day program may vary but shall provide a minimum of two and one-half (2 1/2) hours of classroom time per day, which shall not include the time required to provide breakfast or lunch. The program shall provide direct services for children or parents for the minimum number of teaching days set by the local school district for the school year.
Scope
of State’s Responsibility to Provide
Preschool:
K.R.S. § 157.3175
(1).
[I]t shall be the responsibility of each local
school district to assure that a developmentally
appropriate half-day preschool education program
is provided for each child who is four (4)
years of age by October 1 of each year and
at risk of educational failure. . . . All other
four (4) year old children shall be served
to the extent placements are available.
.
Notwithstanding any statute to the contrary,
each school district shall provide an approved
preschool school program. An approved
preschool school program . . . shall be provided
for the children residing in the district by
maintaining schools. . . .
Section 3. Grant Allocation System. (1)
A local school district shall submit a proposal
to the Kentucky Department of Education to
operate or oversee the operation of a developmentally
appropriate preschool education program for
eligible children. . .
Scope of State's
Responsibility to Fund Preschool:
K.R.S. § 157.3175(3).
Funds appropriated by the General Assembly
for the preschool education programs shall
be granted to local school districts according
to a grant allotment system approved by the
Kentucky Board of Education. . . . Appropriations
shall be separate from all other funds appropriated
to the Department of Education.
Section 3. Grant Allocation System. (1) A local school district shall submit a proposal to the Kentucky Department of Education to operate or oversee the operation of a developmentally appropriate preschool education program for eligible children. Each proposal shall include the requirements set forth in KRS 157.3175(5).
(2) Funding for districts shall be based on
the preschool grant allocation system established
in 702 KAR 3:250.
Section 1. Preschool Programs. For the purposes of this administrative regulation, the term "preschool programs" refers
to the two (2) educational programs established in the
KRS 157.226 and 157.3175 for children below primary school age; the preschool program for handicapped children and the preschool education program for four (4) year old children.
Section 2. Funding Eligibility.
(1) Children eligible
to be counted for funding purposes
for the preschool program for four (4) year old children shall include only those children who are at risk of educational failure and who meet the criteria set forth in 704 KAR 3:410, Section 1(1).
(2) Children eligible to be counted for funding purposes for the preschool program for handicapped children shall include only those children who meet the criteria set forth in 707 KAR 1:150, Section 1(2).
(3) A child who meets the eligibility criteria under both subsections (1) and (2) of this section shall be included in only one (1) of these two (2) groups for purposes of generating funds under these preschool programs.
(4) Eligible children who are enrolled by parent choice in other preschool programs providing nonsupplemental educational services through state or federal funds at no cost to parents shall not be included in the count of eligible children used to generate funds under these preschool programs.
Section 3. Enrollment
Data.
(1) Funds for districts shall be allotted based on the number of eligible
children as defined in Section 2 of this administrative regulation who are enrolled
in the district's preschool programs on December 1 of the previous year. Program funding shall be adjusted proportionately when the enrollment on December 1 of the current year is more than five (5) percent above or below the number of children served on December 1 of the previous year.
(2) If there are available funds after districts have been allotted funds to serve all eligible enrolled children through the state funds appropriated, then the remaining funds may be prorated to those districts that transport eligible children who are enrolled in Head Start, up to the amount per child allowed for transportation in Section 5 of this administrative regulation.
Section 4. Use
of Funds.
(1) Appropriations to the local school district for the preschool programs shall be separate and apart from all other funds appropriated to the local school district.
(2) Use of the funds appropriated for the preschool programs shall be limited to activities for the implementation of these programs, pursuant to 704 KAR 3:410, 707 KAR 1:150, and the district's application for the preschool programs.
Section 5. Formula.
(1) The Department of Education shall annually recommend a preschool allocation formula to the State Board for Elementary and Secondary Education for review and approval. The allocation formula shall specify the amount of funds to be allocated for each eligible child.
(2) If the state funds appropriated are not sufficient, the funding
formula shall be adjusted proportionately.
Section 3. Grant Allocation System.
. . . (2) Funding
for districts shall be based on the preschool
grant allocation system established in 702 K.A.R. § 3:250.
Source
of Funding for Preschool Program:
K.R.S. § 157.3175(3).
Funds appropriated
by the General
Assembly
for the preschool
education
programs
shall be
granted
to local school districts according to a grant
allotment system approved by the Kentucky Board
of Education. . . . Appropriations shall be separate
from all other funds appropriated to the Department
of Education.
Fiscal Biennium
2006-2008
Budget Modification
Report
The Senate
provides
additional
General
Fund
support
totaling
$23,502,300
in each
fiscal
year to
provide
Preschool
services
to children
in families
up to 150%
of the
federal
poverty
guideline.
Scope
of Child's Right to Attend Preschool:
704 K.A.R. § 3:410.
Section 5. Enrollment. (1) Enrollment
of a child in the preschool program shall be
at the discretion of the parent or legal guardian.
Each local school district shall establish
and maintain an active recruitment process
which systematically assures enrollment of
eligible children. This process shall be outlined
in a written plan which includes procedures
for:
(a) Notification of the right to participate, presented in the parent's
primary language or natural mode of communication;
(b) Identification of all eligible children regardless of race,
sex, creed, color, national origin or handicapping condition;
(c) Written documentation to demonstrate that emphasis has been
given to recruiting those eligible children not currently served by a preschool
program; and
(d) Contact to agencies and programs serving local preschool children
or their families to encourage participation in the recruitment process, taking
into account the demographic makeup of the community and the needs of the children
and their families.
Curriculum
Content Standards for Preschool Program:
Section
6. Program Operation.
. . . (9) The preschool program shall include developmentally appropriate
experiences in cognitive, communication, social, physical, and emotional development
as well as creative expression. The preschool program shall assist young children
with their intrapersonal and interpersonal skills and in maximizing self-management
and independence. The program shall include appropriate learning activities and
teaching techniques in accordance with each child's level of comprehension and
maturation.
(10) The program shall provide a supportive social and emotional climate which:
(a) Enhances children's understanding of themselves as individuals, and in relation to others, by providing for individual, small group, and large group activities;
(b) Gives children many opportunities for success through developmentally appropriate program activities; and
(c) Provides an environment of acceptance which helps each child develop a positive self-concept, enhance his or her individual strengths, build ethnic pride, and facilitate social relationships.
(11) The program shall promote the development of intellectual skills by:
(a) Encouraging children to solve problems, initiate activities, explore, experiment, question, and gain mastery through learning by doing (concrete experiential learning);
(b) Promoting language understanding and use in an atmosphere that encourages each communication among children and between children and adults;
(c) Utilizing a curriculum in which a variety of skills are integrated into activities targeted toward the interests of children;
(d) Encouraging children to organize their experiences and understand concepts;
(e) Utilizing a language experience approach to introduce printed materials according to the individual developmental level of the child; and
(f) Providing a daily balance of activities in the following dimensions:
1. Indoor and outdoor;
2. Quiet and active;
3. Individual and group;
4. Large and small groups;
5. Child and staff initiated; and
6. Structured and spontaneous.
(12) The program shall promote physical growth by:
. . . (b) Providing developmentally appropriate materials and equipment, in sufficient quantity to allow choice, and providing supervised time for children to use large and small muscles to increase their physical skills;
(c) Providing appropriate guidance while children use equipment and materials which promote children's physical growth;
. . . (e) Providing developmentally appropriate information regarding nutrition, involving children as feasible in the planning and preparation of snacks and meals, and providing appropriate supervision during meals to develop language, understanding and problem-solving skills; and
(f) Providing developmentally appropriate information about health as an integral part of program activities.
(13) The program shall promote social skills and social interactions by:
(a) Providing positive guidance with consistent, clear rules presented in developmentally appropriate ways; and
(b) Providing positive adult and peer role models, focusing on the level of the child.
(14) The program shall be individualized to meet the special needs of children by:
(a) Having a curriculum which is relevant and reflective of the needs of the population served (such as, bilingual or bicultural, multicultural, rural, urban, or migrant) . . . .
. . . (20) The preschool program shall provide developmentally appropriate instruction to children regarding safety procedures, such as riding the bus and emergency procedures.
Building
a Strong Foundation for School Success: Kentucky's
Early Childhood Standards (January 2006)
Sample:
Math Standard 1: Demonstrates competence in
skills and concepts of mathematics
Benchmark 1.3: Uses the attributes of objects
for comparison and patterning
Developmental Continuum:
Matches objects.
Example Behaviors:
1. Edie matches a red bead to a picture of a
red bead.
2. RaShonda fits the circle and the triangle
into the form board.
3. Natalie put the shapes in the shape sorter.
Teacher
Certification/Qualification Standards for Preschool
Program:
Section 7. Personnel.
(1) Instructional staff in the preschool shall include the following types of personnel:
(a) A lead teacher who meets the following qualifications:
1. Beginning with the 2002-2003 school year, a person who holds a certificate or statement of eligibility for a certificate in interdisciplinary early childhood education, or has been exempted by the Kentucky Education Professional Standards Board from additional certification in order to continue teaching in an early childhood position. A school district may request approval from the Department of Education to use as the instructional lead a person who meets the preschool associate teacher qualifications and who has been employed prior to school year 2004-2005 to perform paraprofessional instructional duties pursuant to 704
KAR 3:420 . .
. .
. . . 3. If a person who meets the qualifications established in
subparagraph 1 . . . of this paragraph is not available, a local board may develop
a training plan in early childhood education and request approval for an individual
with a minimum of one (1) year of early childhood training or experience and
a degree in family studles, social work, psychology, nursing, or other related
area, including education if not specified under subparagraph 1 . . . of this
paragraph.
4. A local board may request approval for a person who meets the preschool associate teacher qualifications to perform paraprofessional instructional duties pursuant to 704
K.A.R. § 3:420; and
(b) A teaching assistant who is an instructional aide.
(2) A preschool classroom shall have at least one (1) lead teacher. A teaching assistant or other professional personnel shall be used in addition to the lead teacher to provide an appropriate adult-child ratio in each classroom, pursuant to Section 6(4) of this administrative regulation. A lead teacher shall provide instructional services to a maximum of twenty (20) children, within the parameters of subsection (4) of this section.
(3) A lead teacher shall be responsible for organizing the classroom, providing a developmentally appropriate curriculum, and supervising and assigning the activities of teaching assistants, student helpers, and other noncertified staff in the preschool class. A lead teacher shall be responsible for at least the following parental activities, described in Section 6(5) of this administrative regulation:
(a) Parent participation in the classroom;
(b) Parent-teacher conferences; and
(c) A minimum of two (2) home visits per child per year.
(4) A local school district shall assign professional staff, including the lead teacher, to conduct parental involvement activities and coordination with health and social services, pursuant to Section 6(5) through (8) of this administrative regulation. A lead teacher who has been assigned coordination responsibilities related to parent involvement activities and health and social services and who operates double sessions shall be considered to be going beyond responsibilities set out in subsection (3) of this section and shall provide services to a maximum of thirty-four (34) children total, within the adult-child ratio per classroom established in Section 6(4) of this administrative regulation.
(5) A lead teacher shall participate in the required number of professional development days applicable to certified personnel in the local school district. A teaching assistant shall participate annually in a minimum of eighteen (18) hours of professional development. Professional development activities shall be related to the nature and needs of young children and their families, including those with special needs. Records shall be kept for all personnel documenting participation in professional development training.
(6) At all times, a program shall have a staff person on the premises who is trained in emergency first aid and cardiopulmonary resuscitation (CPR).
Section 3. Qualifications. (1) A preschool associate teacher shall
hold one (1) of the following or its equivalent as approved by the Department
of Education:
(a) An associate degree with a professional core of courses in early
childhood education or child development;
(b) A child development associate certificate conferred by the Council
for Early
Childhood Professional Recognition; or
(c) A Kentucky vocational diploma for preschool teacher.
(2) A local board may request approval of a preschool associate
teacher who has begun and is in the process of completing a degree, diploma or
certificate specified in subsection (1) of this section.
(3) Curriculum oversight shall be provided by an individual who
meets one (1) of the following criteria:
(a) Holds certification or a statement of eligibility for interdisciplinary
early childhood education;
(b) Has been exempted by the Kentucky Education Professional Standards
Board from additional certification in order to continue teaching in an early
childhood position;
(c) Provided supervision to a preschool Level III teachers under
the interim requirements in 704 KAR 3:410 prior to the 1999-2000 school year; or
(d) Is qualified to serve on an internship team for interns in Interdisciplinary
Early Childhood Education pursuant to 704 KAR 20:690
Other
Quality Standards for Preschool Program:
(1) . . . Administrative regulations shall establish eligibility criteria,
program guidelines, and standards for personnel.
(2) "Developmentally appropriate preschool program" means
a program which focuses on the physical, intellectual,
social, and emotional development of young
children. The preschool program shall help
children with their interpersonal and socialization
skills.
. . . (5) Each program proposal shall include, at a minimum:
(a) A description of the process conducted by the district to assure that
the parents or guardians of all eligible participants have been made aware of
the program and of their right to participate;
(b) A description of the planned educational programming and related services;
(c) The estimated number of children participating in the program;
(d) Strategies for involving children with disabilities;
(e) Estimated ratio of staff to children with the maximum being one (1)
adult for each ten (10) children;
(f) The estimated percentage of children participating in the program
who are at risk of educational failure;
(g) Information on the training and qualifications of program staff and
documentation that the staff meet required standards;
(h) A budget and per-child expenditure estimate;
(i) A plan to facilitate active parental involvement in the preschool
program, including provisions for complementary parent education when appropriate;
(j) Facilities and equipment which are appropriate for young children;
(k) The days of the week and hours of a day during which the program shall
operate;
(l) A plan for coordinating the program with existing medical and social
services, including a child development and health screening component;
(m) Assurances that participants shall receive breakfast or lunch;
(n) Program sites which meet state and local licensure requirements;
(o) A plan for coordinating program philosophy and activities with the
local district's primary school program . . . .
Section
6. Program Operation.
. . . (2) If a double session program is utilized, the following provisions
shall be made:
. . . (d) Maximum number of children assigned to one (1) lead teacher
shall be limited to the ratio established in Section 7(4) of this administrative
regulation.
(4) Maximum group
size for eligible children shall be twenty
(20) children. The staff ratio in the classroom
shall consist of one (1) adult for a maximum
of ten (10) children pursuant to staff qualifications
established in Section 7 of this administrative
regulation. Consideration shall be given to
increasing the number of staff or decreasing
the group size depending upon the needs of
the children, including the needs of children
with disabilities. An adult shall not be left
alone with more than ten (10) preschool children.
The local school district shall have a written
policy for assistance from another adult if
one (1) adult is responsible for a group of
children.
(5) The program shall allow for active parental involvement. Consideration of the different types of family structures, such as the single parent, foster parent and extended family, shall be made when planning activities. At least the following opportunities shall be made available to parents:
(a) Participation in classroom and other preschool activities as volunteers or observers;
(b) Parent training, education or other activities which the parent has helped to develop;
(c) Working with the child in cooperation with preschool staff;
(d) Meeting with preschool and other appropriate staff regarding the child's individual needs and progress or other two (2) way communication systems developed with the parent; and
(e) Periodic home visits by preschool staff, with a minimum of two (2) visits per child per year and with the first visit conducted within sixty (60) school days after enrollment.
(6) To meet the comprehensive needs of children, the program shall collaborate with medical, health, mental health and social service agencies. Information about community services, resources and facilities shall be made available to parents. Program staff shall assist parents in coordinating interagency services for children and families.
(7) A local school district shall assure through
coordination with existing medical and social services that all children participating
in the program receive child development and health screening.
(a) Health screening shall include growth assessment, vision and hearing screening, assessment of current immunization status, and general health status.
(b) Child development screening shall include screening of gross and fine motor skills, cognitive functioning, communication skills, self-help skills and social-emotional skills.
(c) Child development screening may be accomplished through various means, including systematic observation in the classroom or other natural setting. Screening results shall not be used for determining placement or planning the curriculum.
(d) Child development and health screening shall be completed within thirty (30) school days of enrollment by personnel trained in the procedures utilized.
(e) Contact shall be made with the parent or legal guardian if screening results indicate a need for further assessment by a specialist, follow-up, or referral for special education and related services or other appropriate resources.
(8) A local school shall assist the parent or legal guardian as needed through cooperation with existing medical and social services to obtain the physical examination required of all children prior to school enrollment.
. . . (12) The
program shall promote physical growth by:
(a) Providing adequate indoor and outdoor space pursuant to Section 8 of this administrative regulation;
. . . (d) Providing breakfast or lunch to each eligible child, pursuant to the requirements of the National School Breakfast Program or National School Lunch Program;
. . . (14) The program shall be individualized to meet the special needs of children by:
. . . (b) Having staff and program resources reflective of the racial and ethnic population of the children in the program; and
(c) Providing adaptations for children with special needs.
(15) The program
shall utilize developmentally appropriate materials
and equipment as follows:
(a) Furniture, equipment and materials shall be of sufficient quantity, quality and variety to meet the needs of the children and shall be arranged in a way as to facilitate learning, assure a balanced program of spontaneous and structured activities, and encourage self-reliance in the children. Test sheets, workbooks and ditto sheets shall not be used as they are not developmentally appropriate for preschool children.
(b) The equipment and materials shall be:
1. Consistent with the specific educational objectives of the local program;
2. Consistent with the cultural and ethnic background of the children;
3. Geared to the age, ability, and developmental needs of the children;
4. Safe, durable, and kept in good condition;
5. Stored in a safe and orderly fashion when not in use;
6. Accessible, attractive, and inviting to the children; and
7. Designed to provide a variety of learning experiences and to encourage experimentation and exploration.
(16) Space shall
be arranged so that children may work individually,
together in small groups, and in a large group.
Space shall be arranged to provide clear pathways
for children to move from one area to another.
(17) Centers or areas in the classroom shall include
space for activities including art, blockbuilding, cooking, gross motor, housekeeping
or dramatic play, language arts or library, manipulative materials, math or problem
solving, multimedia, music, science or social studies, and wood working.
. . . (19) Children shall not be retained in the preschool program.
. . . (21) The preschool program shall utilize the local school district's current safety policies regarding accident records, medical emergency plans, fire and disaster plans, first aid, dispensing of medications, and reporting of child abuse and neglect, with modification as needed to accommodate young children.
Section 8. Facilities and Transportation.
(1) A preschool
program shall operate in compliance with administrative
regulations promulgated by the Kentucky Board
of Education in areas including facilities,
safety, health, and transportation.
(2) If a program is extended to provide child care before or after the standard operating hours of the preschool program, that portion of the program shall be considered day care and shall meet the standards for day care facilities promulgated by the Cabinet for Families and Children and established in 905 K.A.R. Chapter 2 and 922 K.A.R. Chapter 2.
(3) A local school district may provide transportation
to preschool children. If a local school district transports preschool children,
services shall be operated in conformance with administrative regulations pertaining
to the transportation of school children, as established in 702 K.A.R. Chapter
5.
(4) Regardless of whether transportation is provided, a local school district shall make provisions for safe arrival and departure of all children, with a procedure for ensuring that preschool children are released to the parent or a person authorized by the parent.
Delivery
of Preschool Services:
K.R.S. § 157.3175.
(4) . . . Districts may submit proposals
for implementing new services, enhancing existing preschool education services,
or contracting for services. In designing a local early childhood education
program, each district shall work with existing preschool programs to avoid
duplication of programs and services, to avoid supplanting federal funds,
and to maximize Head Start funds in order to serve as many four (4) year
old children
as possible.
(5) Each program proposal shall include, at
a minimum:
. . . (q) Certification from the Head Start
director that the Head Start program is fully
utilized pursuant to subsection (4) of this
section.
Section
4. Interagency Agreements. (1) A preschool
facility or service provided by a local
school district, either directly or by
contract or
cooperative agreement with another provider,
shall meet the requirements of this administrative
regulation and all other applicable school
laws and administrative regulations.
(2) A contract or cooperative agreement for operating the preschool
program may be negotiated with another school district, another public agency,
private school or preschool program. A nonpublic school program providing
preschool services shall be approved for that purpose by the Kentucky Board of
Education.
(3) A contract
or cooperative agreement shall be in writing
and shall include at a minimum the contents
set forth in K.R.S. 65.250.
(4) State preschool funds may be used in a private program if a
signed contract or cooperative agreement is on file in the district which documents
that:
(a) The program is separately incorporated from a religious institution;
(b) The program maintains a nonsectarian board of directors;
(c) All proceeds and debts are the property of that corporation;
(d) The program pays reasonable rent; and
(e) The program's curriculum is not religious in nature.
Requirements
for Student Assessment and Program Evaluation:
Each
program proposal shall include, at a minimum:
. . . (p) An evaluation component.
Section 6. Program
Operation.
. . . (18) Assessment of children within the preschool program shall be
for the purpose of planning activities and evaluating progress, and shall
not be used to restrict entry into or exit from the preschool program. The program
shall include developmentally appropriate assessment of children which:
(a) Provides for ongoing observation, recording and evaluation of each child's growth and development for the purpose of planning activities to suit individual needs;
(b) Is accomplished by observation or activity with the child in familiar structured and informal situations;
(c) Includes information from parents;
(d) Is used to inform parents on a regular basis regarding the child's progress in physical, intellectual, communication, social, emotional, intrapersonal, and interpersonal skills and development; and
(e) considers the cultural background of the child.
.
. . Section 9. Program Evaluation.
(1) At least annually, parents, staff and other professionals shall be involved in evaluating the local preschool program's effectiveness in meeting the needs of participating children.
(2) The program evaluation shall address:
(a) Rate of participation by eligible children;
(b) Parental satisfaction with services provided;
(c) Success of participating children as they complete the preschool program and progress through the primary school program; and
(d) Adherence to state administrative regulations on the subject area.
(3) A local school district preschool program
shall be subject to evaluation by the Department
of Education to determine the effectiveness
of the statewide preschool program.
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