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Alaska
 

State Preschool Program

Overview

Alaska does not have a state-funded prekindergarten program. Alaska does provide a state supplement for Head Start of about $6 million that served an estimated 525 three- and four-year-olds in 2005-2006 and also supported quality improvements, such as professional development.

State Policy

Alaska has no state policy on the provision of prekindergarten.

Eligibility Criteria

No program.

Program Length/Duration

No program.

Funding

There is no current program in Alaska. The state does provide a supplement for Head Start of about $6 million.

Quality Standards

The state Department of Education and Early Development is allowed by statute to develop a model curriculum for early childhood education programs. In 2006, the department adopted Early Learning Guidelines. Alaska has no other standards relating to the provision of high quality preschool.

Delivery of Preschool Services

No program.

Requirements for Student Assessment and Program Evaluation

No program.

Legal Framework

Education Clause in State Constitution

The state constitution requires the legislature to "establish and maintain a system of public schools open to all children of the State," and permits them to "provide for other public educational institutions."

Summary of Case Law on School Finance System

An Alaskan trial court has held that education is a fundamental right. In Kasayulie v. State (1999), the court found that the state system for funding school facilities violated the equal protection and education clauses of the state constitution. The legislature responded by allocating major increases in school facilities funding. (Earlier, in 1997, the state supreme court had held that the school funding system did not violate the state equal protection clause, in the absence of proof of an adverse effect on the plaintiff schoolchildren.) In 2004, the constitutional adequacy of education in the state was challenged in Moore v. State. The Moore plaintiffs seek an order requiring an analysis of the costs of an adequate education, and then requiring the state to fund and implement an educational system in accordance with the cost study. A decision in the Moore case is expected by June 2006.

Summary of Case Law on Preschool

None of the Alaska cases have addressed the right to preschool. The complaint in the pending Moore v. State case notes the importance of early childhood education for at-risk students and the current deficit of such programs in Alaska public schools.

Constitutional Provisions on Public Education

Alaska Const. art. VII, § 1

The legislature shall by general law establish and maintain a system of public schools open to all children of the State, and may provide for other public educational institutions. Schools and institutions so established shall be free from sectarian control. No money shall be paid from public funds for the direct benefit of any religious or other private educational institution.

Case Law on the Right to Public Education and Preschool

Is Education a Fundamental Right under the State Constitution?

Kasayulie v. State, 3AN-97-3782 Civ. (Superior Court of Alaska, Sept. 1, 1999)

The trial court in Kasayulie v. State, in an order granting the plaintiffs’ motions for partial summary judgment, ruled that education is a fundamental right under Alaska’s state constitution for purposes of equal protection analysis.

School Finance Cases in Favor of Plaintiffs:

Kasayulie v. State, 3AN-97-3782 Civ. (Superior Court of Alaska, Sept. 1, 1999)

Plaintiffs in this case sought a judgment declaring that the State’s system of funding school facilities violated the equal protection and education clauses of the state constitution and the implementing regulations of Title VI of the federal Civil Rights Act of 1964. The trial court decided in their favor in a pair of summary judgment orders, ruling that the State has a duty to provide adequate funding for facilities in rural areas, as well as urban areas. (The court held that in Alaska, a funding system that underserves the rural areas of the state is racially discriminatory, since it has a disproportionate impact on Alaska Natives.)

Following those rulings, the legislature allocated significant funds for construction and renovation of rural schools, including a statewide school construction bond package.

Standard for a Constitutionally Adequate Education:

None.

School Finance Cases against Plaintiffs:

Matanuska-Susitna Borough School District v. State, 931 P.2d 391 (Supreme Court of Alaska 1997)

Plaintiffs—an Alaskan borough, its school district, and borough taxpayers—claimed that the state system of providing state aid for school construction debt and operating costs violated the state equal protection clause because of different treatment for municipal school districts in cities and boroughs versus rural districts or REAAs (regional educational attendance areas). The trial court dismissed the equal protection claim on summary judgment, and the state supreme court affirmed, holding that the plaintiffs failed to present any evidence showing that the statutes in question had a disparate effect on their children’s educational interests.

Decisions Ruling School Finance Issues Were Non-Justiciable:

None.

Cases Related to State-Funded Preschool:

State Court Decisions Relating to State-Funded Preschool Education Programs:

None of the cases have addressed preschool issues. The complaint in the pending Moore v. State case, below, notes the importance of early childhood education for at-risk students and the current deficit of such programs in Alaska public schools.

Pending School Finance Cases:

Moore v. State, No. 3AN-04-9756 Civ. (Superior Court of Alaska, Anchorage, filed August 9, 2004).

Plaintiffs in this lawsuit include parents of Alaska schoolchildren, three school districts, a nonprofit advocacy group, and the teachers' union. The plaintiffs claim that the State does not provide schools with enough money to provide an adequate education for all students, and that the money that is provided is distributed inequitably. Results of the inadequate funding include: high teacher turnover; schools that are unable to offer high school math and science courses; high percentages of schools without counselors, nurses, social workers and access to psychologists; and many schools lacking textbooks, libraries and teaching supplies. As a result of the inequitable funding, the schools educating the most low-income and minority children have the greatest resource deficits, and these deficits lead to students in these schools scoring below minimum standards of achievement.

The plaintiffs ask the court to declare the current funding system unconstitutional, to declare what elements an adequate education must include, to order an analysis of the costs of providing an adequate education, and to order that the State fund the educational system in accordance with the results of the cost study.

In August 2005, the trial court denied the State’s motion to dismiss the plaintiffs’ education clause claims, finding these were justiciable. In November 2005, the court denied the State’s motion to dismiss based on various jurisdictional and standing issues. In June 2006, the court denied the State’s third motion to dismiss, which was premised on the theory that any actions by the legislature to establish and fund schools are constitutionally adequate unless they "are so irrational or arbitrary … as to shock the universal sense of justice."

Trial in the case began in October 2006 and ended with closing arguments in December 2006. A decision from the trial judge is expected by the middle of June 2007.

Statutes, Regulations and Guidance Documents on State Preschool Program

Alaska Stat. § 14.07.010 et seq., Department of Education and Early Development

Alaska Stat. § 14.38.010 et seq., Head Start, Child Care and Day Care

Alaska Admin. Code § 4 AAC 60.010 et seq., Pre-Elementary (Early Childhood) School

Early Learning Guidelines

Provisions Expressing State Policy on Preschool:

None.

Eligibility Criteria for State Preschool Program:

None.

Program Length/Duration:

None.

Scope of State’s Responsibility to Provide Preschool:

Alaska Stat. § 14.07.020

(a) The department [of Education and Early Development] shall

… (8) exercise general supervision over pre-elementary schools that receive direct state or federal funding;…

(c) In this section "pre-elementary school" means a school for children ages three through five years if the school's primary function is educational.

Alaska Stat. § 14.07.030. The department [of Education and Early Development] may

… (13) develop a model curriculum and provide technical assistance for early childhood education programs.

Alaska Stat. § 14.38.010. Operation of Head Start programs.

The Department of Education and Early Development shall operate the head start funding program governed by 42 U.S.C. 9835.

Scope of State's Responsibility to Fund Preschool:

None.

Source of Funding for Preschool Program:

None.

Scope of Child's Right to Attend Preschool:

None.

Curriculum Content Standards for Preschool Program:

Alaska Stat. § 14.07.030. The department [of Education and Early Development] may

… (13) develop a model curriculum and provide technical assistance for early childhood education programs.

Early Learning Guidelines

"These guidelines inform parents, caregivers, community members and leaders about expectations for children’s development and learning. They give specific strategies and sample activities to use to enhance children’s development in each domain. They can be useful to program, school, community and state leadership as they address their early childhood education needs."

Sample:

…Mathematics and Numeracy

Number Sense and Operations

Goal: Children demonstrate knowledge of numbers and counting.

Some Indicators for Children [36 to 60 months]:

  • Names some numerals
  • Recognizes that a single object is "one" regardless of size, shape, or other attributes
  • Understands that numbers represent quantity (e.g., gets three apples out of the box) …

Teacher Certification/Qualification Standards for Preschool Program:

None.

Other Quality Standards for Preschool Program:

None.

Delivery of Preschool Services:

None.

Requirements for Student Assessment and Program Evaluation:

None.


Table of Contents
State Preschool Program
   

Overview

State Policy

Eligibility Criteria

Program Length/Duration

Funding

Quality Standards

Delivery of Preschool Services

Requirements for Student Assessment and Program Evaluation

Legal Framework
   

Education Clause in State Constitution

Summary of Case Law on School Finance System

Summary of Case Law on Preschool

Constitutional Provisions on Public Education
Case Law Digest
   

Is Education a Fundamental Right?

School Finance Cases in Favor of Plaintiffs

Standard for a Constitutionally Adequate Education

School Finance Cases against Plaintiffs

Decisions Ruling School Finance Issues Were Non-Justiciable

Cases Relating to State-Funded Preschool

Pending School Finance Cases

Statutes, Regulations and Guidance Documents
   

Provisions Expressing State Policy on Preschool

Eligibility Criteria

Program Length/Duration

Scope of State's Responsibility to Provide Preschool

Scope of State's Responsibility to Fund Preschool

Source of Funding for Preschool Program

Scope of Child's Right to Attend Preschool

Curriculum Content Standards

Teacher Certification/ Qualification Standards

Other Quality Standards

Delivery of Preschool Services

Requirements for Student Assessment and Program Evaluation

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