STATE LAWS     CASE LAW / LITIGATION ABBOTT PRESCHOOL PROGRAM RESEARCH / EXPERTS RESOURCES
 

Alabama
 

State Preschool Program

Overview

The Alabama Pre-Kindergarten Program is a full-day program which serves four-year-olds in a variety of settings including public schools, private schools and child care centers. The program is funded through a competitive grant process and relies heavily on local matching funds. According to the National Institute for Early Education Research (NIEER), Alabama served 2% of its four-year-olds in its preschool program in 2005-2006. Its state funding for that year was approximately $4.3 million, and budgeting remains essentially flat for 2006-2007. The Governor has recommended an additional $3.3 million for 2007-2008.

State Policy

Alabama has no state policy on the provision of prekindergarten.

Eligibility Criteria

All four-year-olds are eligible to receive services in the Alabama Pre-Kindergarten Program.

Program Length/Duration

The pre-kindergarten program must meet at least 6.5 hours daily, five days a week, for 175 days a year. Any before- or after-care may be provided at the parents’ expense.

Funding

The Office of School Readiness oversees the pre-kindergarten program and disperses funds appropriated from the Legislature. Providers are funded through a competitive grant process. Providers may charge only minimal fees not to exceed $25/week. Matching funds must be provided by local sources which must be equal to at least half of the state grant. Grant recipients are provided $80,000 from the state, which—with a $40,000 local match—must be used to fund an 18 child prekindergarten classroom.

Quality Standards

In the national survey of state preschool programs conducted by the National Institute for Early Education Research (NIEER), Alabama was one of only two states to receive the highest quality rating, meeting 10 out of 10 benchmarks. The state requires teachers to have a bachelor’s degree and certification or academic concentration in early childhood, and requires assistant teachers to have at least a CDA credential or its equivalent. All teachers hired after January 1, 2006, must have specialized pre-K training. Programs are not allowed to exceed a class size of 18 or a ratio of 1:9. Alabama has implemented early childhood performance standards that meet NIEER’s benchmark for comprehensive early learning standards. The state requires programs to use an Office of School Readiness approved curriculum. Programs also must provide vision, hearing, and health screening, as well as parent support services, and site visits are required for monitoring purposes.

Delivery of Preschool Services

The Alabama pre-kindergarten program can be provided through private providers as well as public schools. Both the Office of School Readiness and the Alabama Council on Family and Children foster collaboration and coordination among different agencies and providers.

Requirements for Student Assessment and Program Evaluation

The Alabama pre-kindergarten operating guidelines provide for student assessment as well as program evaluation through random on-site visits.

Legal Framework

Education Clause in State Constitution

The amended version of the education clause of the state constitution currently on the books allows—but does not require—the legislature to establish schools, although it does express the state’s policy "to foster and promote the education of its citizens[.]" As amended in 1956, the education clause specifically renounced a right to a free public education, stating that "nothing in this Constitution should be construed as creating or recognizing" such a right. This amendment was declared unconstitutional by a lower court, but the Alabama Supreme Court has never reviewed this holding.

Prior to the 1956 amendment, the education clause had required the legislature to create a liberal system of public schools for children between the ages of 7 and 21.

Summary of Case Law on School Finance System

In 1993, a state trial court determined that education in Alabama is a fundamental right, but the Supreme Court of Alabama has never ruled on the issue. The same trial court also held that the state system of public schools had failed to provide all Alabama schoolchildren with "equitable and adequate educational opportunities," and ordered the state to provide a remedy. Following the adoption of a remedy plan by the trial court, the Supreme Court in 1997 vacated the remedy order, holding that the trial court needed to wait a reasonable time for the legislature to come up with a solution before it could implement its own plan. Finally, in 2002 the Alabama Supreme Court dismissed the state’s school funding litigation in its entirety on separation of powers grounds.

Summary of Case Law on Preschool

The remedial order vacated in the Alabama Supreme Court’s 1997 decision in In re James had required the state to provide early childhood education programs.

Constitutional Provisions on Public Education

Alabama Const., Art. XIV, § 256 (as amended in 1956 by Amendment No. 111)

It is the policy of the state of Alabama to foster and promote the education of its citizens in a manner and extent consistent with its available resources, and the willingness and ability of the individual student, but nothing in this Constitution shall be construed as creating or recognizing any right to education or training at public expense, nor as limiting the authority and duty of the legislature, in furthering or providing for education, to require or impose conditions or procedures deemed necessary to the preservation of peace and order.

The legislature may by law provide for or authorize the establishment and operation of schools by such persons, agencies or municipalities, at such places, and upon such conditions as it may prescribe, and for the grant or loan of public funds and the lease, sale or donation of real or personal property to or for the benefit of citizens of the state for educational purposes under such circumstances and upon such conditions as it shall prescribe. Real property owned by the state or any municipality shall not be donated for educational purposes except to nonprofit charitable or eleemosynary corporations or associations organized under the laws of the state.

To avoid confusion and disorder and to promote effective and economical planning for education, the legislature may authorize the parents or guardians of minors, who desire that such minors shall attend schools provided for their own race, to make election to that end, such election to be effective for such period and to such extent as the legislature may provide.

Note: The above version of § 256 specifically disavows any right to education, due to a 1956 amendment, but the trial court in Alabama Coalition for Equity v. Hunt, Civ. A. Nos. CV-90-883-R, CV-91-0117, 1993 WL 204083 (Ala. Cir. Ct. Montgomery Cty. 1993) (appendix to Opinion of the Justices, No. 338, 624 So.2d 107, 157 (Ala. 1993)), held that this amendment was unconstitutional because of its racist intent. However, the constitutionality of Amendment 111 was never reviewed on appeal, so it remains the official version, since Code of Ala. § 29-7-11(b)(6) only permits "elimination of constitutional provisions or amendments, including portions of such provisions or amendments, that have lapsed or have been invalidated, directly or indirectly, by decision of a court of last resort." The trial court’s decision rested on the validity of § 256 as it read prior to the 1956 amendment:

Alabama Const., Art. XIV, § 256 (unamended)

The legislature shall establish, organize, and maintain a liberal system of public schools throughout the state for the benefit of the children thereof between the ages of seven and twenty-one years. …

Case Law on the Right to Public Education and Preschool

Is Education a Fundamental Right under the State Constitution?

In Alabama Coalition for Equity v. Hunt, Civ. A. Nos. CV-90-883-R, CV-91-0117, 1993 WL 204083 (Ala. Cir. Ct. Montgomery Cty. 1993) (appendix to Opinion of the Justices, No. 338, 624 So.2d 107, 157 (Ala. 1993)), the trial court determined that Amendment 111 to Article XIV, § 256 of the Alabama Constitution was unconstitutional because of its racist intent. It further found that the state constitution, including the pre-amendment version of § 256, created a fundamental right to education in Alabama.

The Alabama Supreme Court never ruled on this particular holding on appeal, thereby leaving the constitutional issue unclear. Two justices in concurring opinions argued that Amendment 111, specifically renouncing a constitutional right, remains in effect. Ex parte James (Alabama Coalition for Equity v. James), 836 So.2d 813, 826-827, 845 (2002) (Houston, J., concurring specially, and Moore, J., concurring in part).

School Finance Cases in Favor of Plaintiffs:

Alabama Coalition for Equity v. Hunt, Civ. A. Nos. CV-90-883-R, CV-91-0117, 1993 WL 204083 (Ala. Cir. Ct. Montgomery Cty. 1993) (appendix to Opinion of the Justices, No. 338, 624 So.2d 107 (Ala. 1993))

The plaintiff coalition, on behalf of a number of schoolchildren, parents, and school districts throughout Alabama, sued the Governor and other state officials, contending that the state’s public school system was constitutionally inequitable and inadequate. The Circuit Court held that plaintiffs were entitled to a declaratory judgment that the state’s system of public schools violated the mandate of the Alabama Constitution’s education, due process, and equal protection clauses, because it failed to provide "equitable and adequate educational opportunities to all schoolchildren" and failed to provide "appropriate instruction and special services" to children with disabilities. The state’s foundation program of providing state aid to schools failed to substantially equalize local revenues from property taxes, and resulted in many low-wealth district schools with substantial educational deficiencies. The court found that many schools were in serious disrepair, there was a shortage of classroom space, and a lack of basic facilities, including science and computer labs, auditoriums, gyms, and playgrounds. Supplies were lacking, and curricula did not meet state standards. As a result, students were not prepared to enter the job market—70% of high school graduates read at less than an 8th grade level.

The trial judge also ordered the state to establish a public school system that would provide equitable and adequate educational opportunities to all school-age children, including children with disabilities.

Opinion of the Justices, No. 338, 624 So.2d 107 (Ala. 1993)

After the trial court held that the state’s public school system failed to comply with the constitutional mandate of Ala. Const. art. XIV, § 256 (unamended), legislation was introduced in the state senate, including a finding (based on the trial court’s order) that the Legislature was required "to provide schoolchildren with substantially equitable and adequate educational opportunities." The senate sought an advisory opinion as to whether it was bound by the Circuit Court’s findings. The Supreme Court held that the legislature was bound by the lower court decision unless it was overturned by a higher court. The opinion did not address the substance of the trial court’s order, which was not yet final and appealable because the trial court had retained jurisdiction.

Standard for a Constitutionally Adequate Education:

Alabama Coalition for Equity v. Hunt, Civ. A. Nos. CV-90-883-R, CV-91-0117, 1993 WL 204083 (Ala. Cir. Ct. Montgomery Cty. 1993) (appendix to Opinion of the Justices, No. 338, 624 So.2d 107 (Ala. 1993))

The trial court defined adequate educational opportunities as:

… at a minimum, an education that provides students with opportunity to attain the following:

(i) sufficient oral and written communication skills to function in Alabama, and at the national and international levels, in the coming years;

(ii) sufficient mathematic and scientific skills to function in Alabama, and at the national and international levels, in the coming years;

(iii) sufficient knowledge of economic, social, and political systems generally, and of the history, politics, and social structure of Alabama and the United States, specifically, to enable the student to make informed choices;

(iv) sufficient understanding of governmental processes and of basic civic institutions to enable the student to understand and contribute to the issues that affect his or her community, state, and nation;

(v) sufficient self-knowledge and knowledge of principles of health and mental hygiene to enable the student to monitor and contribute to his or her own physical and mental well-being;

(vi) sufficient understanding of the arts to enable each student to appreciate his or her cultural heritage and the cultural heritages of others;

(vii) sufficient training, or preparation for advanced training, in academic or vocational skills, and sufficient guidance, to enable each child to choose and pursue life work intelligently; (viii) sufficient levels of academic or vocational skills to enable public school students to compete favorably with their counterparts in Alabama, in surrounding states, across the nation, and throughout the world, in academics or in the job market; and

(ix) sufficient support and guidance so that every student feels a sense of self-worth and ability to achieve, and so that every student is encouraged to live up to his or her full human potential."

624 So.2d at 166.

School Finance Cases against Plaintiffs:

Ex parte James (In re Alabama Coalition for Equity v. James), 836 So.2d 813 (Ala. 2002)

As discussed below, the Court dismissed the state’s school funding litigation on separation of powers grounds, holding that any remedy that a court would impose in school funding litigation would usurp legislative power. The Court refused to review the lower court’s decisions, thereby leaving the status of the educational and constitutional issues unclear.

Decisions Ruling School Finance Issues Were Non-Justiciable:

Ex parte James (Alabama Coalition for Equity v. James), 713 So.2d 869, 879-882 (Ala. 1997)

The Court vacated, as premature, the remedial order entered by the trial court following a ruling that the state’s public school system was constitutionally inadequate. While holding that the trial court was authorized to rule on the constitutionality of the state’s school system, and would have the power to order a specific remedy for constitutional deficiencies, it objected to the timing of the order as violating the separation of powers principle:

[T]he judiciary should not presume at the outset of litigation of this nature that legislative and executive officials will be derelict in their duties. Indeed, it must assume the contrary. The best approach for the judiciary, having invalidated the present public education system, would be to stay further action in the case—but retaining jurisdiction—for a reasonable time, thus affording the legislative and executive officials the first opportunity to devise a constitutional public education system. … [Emphasis in original.]

Ex parte James (In re Alabama Coalition for Equity v. James), 836 So.2d 813 (Ala. 2002)

Following twelve years of litigation and appeals of this state school funding case, Alabama’s Supreme Court sua sponte dismissed the state’s school funding litigation and withdrew from involvement in school funding matters on the ground that any such involvement is an intrusion into legislative affairs. The Court noted that "[c]oncerns regarding judicial restraint and the separation of powers have constituted a repeated refrain in this litigation." The Court concluded, quoting from the state constitution, "[W]e complete our judicially prudent retreat from this province of the legislative branch in order that we may remain obedient to the command of the people of the State of Alabama that we ‘never exercise the legislative and executive powers, or either of them; to the end that it may be a government of laws and not of men.’" 836 So.2d at 814, 815, 819.

Cases Related to State-Funded Preschool:

Alabama Coalition for Equity v. Folsom, Nos. CV-90-883-R, CV-91-0117-R (Ala. Cir. Ct. Montgomery Cty. 1993), aff’d in part, rev’d in part Ex parte James (Alabama Coalition for Equity v. James), 713 So.2d 869, 882, 929 (Ala. 1997)

The trial court’s remedial order, vacated in the Alabama Supreme Court’s 1997 decision in In re James, included the provision of early childhood education programs: "An early childhood education development program shall be developed and implemented to supplement Head Start to provide services to disadvantaged four-year olds."

Pending School Finance Cases:

None.

Statutes, Regulations and Guidance Documents on State Preschool Program

Code of Ala. § 26-24-20 et seq., Office of School Readiness

See also:

Performance Standards for 4-Year-Olds (cited below as "Performance Standards")

2006-2007 Operating Guidelines for Pre-Kindergarten, (cited below as "Operating Guidelines")

Office of School Readiness 2007-2008 Pre-Kindergarten Request for Proposals (cited below as "Pre-Kindergarten RFP")

Provisions Expressing State Policy on Preschool:

None.

Eligibility Criteria for State Preschool Program:

Operating Guidelines

2.1 Age Requirement: Children must be four years of age by or before September 1, based on acceptable documentation, such as birth certificates, passports, official medical documents, or official documents from other countries.

Program Length/Duration:

Operating Guidelines

6.2 Program Delivery: The Pre-Kindergarten program shall provide 6.5 hours of children’s program, five days per week, 175 days per year for eligible four-year-old children.

6.11 Extended Day (Before and After School Care): The Office of School Readiness does not require or provide extended day services. Extended day services for Pre-Kindergarten children may be provided at the parent’s expense. Income eligible families may receive services through the Department of Human Resources, Childcare Management Agency office or the Department of Family and Children’s Services subsidized childcare.

Scope of State’s Responsibility to Provide Preschool:

Code of Ala. § 26-24-23. The Office of School Readiness shall do all of the following:

(1) Establish criteria and administer such programs and services as may be necessary for the operation and management of a voluntary pre-kindergarten program.

(2) Administer such programs and services as may be necessary for the operation and management of preschool and certain child development programs coordinating with the Department of Education for the inclusion of preschool special education.

(3) Ensure that the prekindergarten program provides a developmentally appropriate preschool program emphasizing growth in language and literacy, math concepts, science, arts, physical development, and personal and social competence.

(4) Receive and disperse any funds appropriated to the office from the Legislature for the establishment, operation, and administration of the prekindergarten program. The budget of the office shall be part of the Department of Children's Affairs.

(5) Assist local units of administration in this state so as to assure the proliferation of services under this article.

(6) Coordinate with the regulatory division for the licensing of child care centers and with the administration of the United States child and adult care food programs at the child care centers participating in the prekindergarten program.

(7) Issue annual reports to the Governor and the Legislature concerning the administration and operation of the prekindergarten program.

(8) Provide leadership for enhancement of school readiness in this state by aggressively establishing a unified approach to the state's efforts toward enhancement of school readiness. In support of this effort, the office may develop and implement specific strategies that address the state's school readiness programs.

(9) Safeguard the effective use of federal, state, local, and private resources to achieve the highest possible level of school readiness for the state's children.

(10) Provide technical assistance to local programs.

(11) Assess gaps in services.

(12) By January 2001, adopt a system for measuring school readiness that provides objective data regarding the expectations for school readiness, and establish a method for collecting the data and guidelines for using the data. The measurement, the data collection, and the use of the data must serve the statewide school readiness goals. The criteria for determining which data to collect should be the usefulness of the data to state policymakers and local programs' administrators in administering programs and allocating state funds, and must include the tracking of school readiness system information back to individual school readiness programs to assist in determining program effectiveness.

Scope of State's Responsibility to Fund Preschool:

Code of Ala. § 26-24-23. The Office of School Readiness shall do all of the following:

… (4) Receive and disperse any funds appropriated to the office from the Legislature for the establishment, operation, and administration of the prekindergarten program. The budget of the office shall be part of the Department of Children's Affairs.

… (9) Safeguard the effective use of federal, state, local, and private resources to achieve the highest possible level of school readiness for the state's children.

Code of Ala. § 26-24-25. Collaboration on programs.

As additional funds become available, all programs within each county participating in school readiness shall collaborate on early education and child care programs that are funded with state and/or federal funding including, but not limited to, adult and community education programs, Even-Start literacy programs, prekindergarten early intervention programs, Head Start programs, programs offered by public and private providers of child care, migrant prekindergarten programs, Title 1 programs, subsidized child care programs, and teen parenting programs, together with any additional funds appropriated or obtained for this section. These programs shall be components of the integrated school readiness program.

Operating Guidelines

6.11 Extended Day (Before and After School Care): The Office of School Readiness does not require or provide extended day services. Extended day services for Pre-Kindergarten children may be provided at the parent’s expense. Income eligible families may receive services through the Department of Human Resources, Childcare Management Agency office or the Department of Family and Children’s Services subsidized childcare.

7.1 Children’s Program Fees: All children must receive the same opportunities during the 6.5-hour program day. Fees may be charged but are not to exceed $25/week, WITH PRIOR APPROVAL FROM DCA/OSR [Department of Children’s Affairs/Office of School Readiness]. Field trips are a part of the program. Therefore, field trips made during the day must be free and available to all children. Pre-Kindergarten funds may be used to provide field trips or other appropriate activities to children. If dance, art, or computer classes, for example, are included in the 6.5-hour day, they must be free and available to all Pre-Kindergarten children.

No fees may be required of any child for services needed to operate the children’s program, such as registration, field trips, curriculum fees, classroom supplies, etc. Voluntary donations may be requested; however; no child may be denied access for lack of donation.

Note: The Pre-Kindergarten provider may charge additional fees for meals to children who do not qualify for free or reduced meal prices.

Source of Funding for Preschool Program:

Code of Ala. § 26-24-23. The Office of School Readiness shall do all of the following:

… (4) Receive and disperse any funds appropriated to the office from the Legislature for the establishment, operation, and administration of the prekindergarten program. The budget of the office shall be part of the Department of Children's Affairs.

Operating Guidelines

13.1 Awarding of Contracts: Contracts will be awarded to Pre-Kindergarten providers through a competitive process, subject to funding availability, previous program compliance (for continuation programs), and identified regional need. Programs for FY 2005-2006, and any programs thereafter, will be provided funding for 4 years based on the availability of funding and adherence to OSR recommendations and stipulations. AFTER THE FOURTH YEAR, no current program will be eligible to receive OSR funds UNLESS there is universal Pre-K.

Pre-Kindergarten RFP

A Potential Provider must …Provide 50% of grant amount in matching funds, in-kind/cash.

… Please include a proposed budget for the $80,000 funds (pending approved legislative funding FY 07-08) to be received from OSR … AND a separate list of items that will be used to provide the $40,000 match.

Scope of Child's Right to Attend Preschool:

None.

Curriculum Content Standards for Preschool Program:

Code of Ala. § 26-24-23. The Office of School Readiness shall do all of the following:

… (3) Ensure that the prekindergarten program provides a developmentally appropriate preschool program emphasizing growth in language and literacy, math concepts, science, arts, physical development, and personal and social competence.

Operating Guidelines

4.1 Curriculum: The Pre-Kindergarten provider shall present a complete educational program in accordance with age-appropriate practice and use an Office of School Readiness approved curriculum. Approved approaches are Creative Curriculum, High/Scope, Montessori, and Bank Street. All classroom curricula and curriculum supplements MUST be approved by OSR PRIOR to purchase and implementation.

6.2 Program Delivery: … Using the Alabama Performance Standards as a guide, lesson plans should be based on age appropriate practice and include educational experiences in the areas of language, literacy, math, science, music and physical development.

Performance Standards

Sample:

Emergent Literacy

Language, Vocabulary, and Oral Comprehension

By the end of Pre-Kindergarten, children should be able to:

1. Show understanding of literal meaning of stories, songs, informational texts, and poems read aloud

Example A: A child says, "I think the troll got what he deserved," after listening to The Three Billy Goats Gruff.

Example B: A child chooses to retell Henny Penny during center time and says, "Wanna come? Gonna tell the king about the sky." …

Teacher Certification/Qualification Standards for Preschool Program:

Operating Guidelines

10.3 Certification Requirements: Lead teachers must be certified in Early Childhood Education, Elementary Education with a P-3 add on (all Pre-K staff hired as OSR lead teachers prior to January 1, 2006 may be grandfathered into this requirement if they possess an Elementary Education degree), have a 2-Year Child Development Degree and B.A. in Education, B.S./B.A. or Graduate degree in Early Childhood Education, OR a B.S. in Early Childhood Development or Human Environmental Science with a concentration in Child Development. Credentials must be submitted to OSR for verification no later than October 1. Experience and/or course work for Elementary Certification must be submitted for approval before hiring.

11.2 Employment Requirements: A teacher assistant must meet all of the following minimum requirements:

  • Be at least 19 years of age.
  • Possess a high school diploma or its equivalent.
  • Possess a Child Development Associate Credential (CDA) and/or appropriate course work in the field of Early Childhood or Child Development (approved by the OSR) and appropriate experience (at least 12 months working in an early childhood or other OSR approved setting).

12.1 Attendance at Training: All levels of administrative, teaching and support staff are required to attend training offered or approved by the Office of School Readiness. Teachers and assistants must attend a minimum of 40 hours of training each year. Training for the chosen curriculum is required.

Other Quality Standards for Preschool Program:

Operating Guidelines

3.4 Health Services: The Pre-Kindergarten provider shall ensure that all children in the program have a Physical Examination Form within 30 days of enrollment … Pre-Kindergarten providers should work with health departments and other health professionals to secure basic screens within the 90-day time frame.

4.3 Parent Participation: Encourage family members to volunteer in the Pre-Kindergarten classroom. Families must participate in a minimum of six hours of family enrichment activities or workshops offered by the Pre-Kindergarten provider or the Office of School Readiness. Providers should offer at least eighteen hours of program opportunities for families to meet this requirement. …

At least two individual conferences per year between the lead teacher and parent/guardian, is expected and documented in each child’s on-site file by use of the Parent Conference Verification Form (Appendix R). At the beginning of each year, an orientation meeting will be required. Two home visits per year are strongly encouraged. …

6.1 Classroom Delivery: Each classroom shall have:

  • Licensed space for 18 children - 35 square feet per child in one room.
  • Enrollment of 18 children (full funding is based on a class of 18).
  • Waiting list to fill any vacancies that may occur throughout the year.
  • Two adults (lead teacher, teacher assistant, and/or substitute) present at all times during the 6.5-hour day, with the exception of the rest time.
  • Children with special [needs] must have additional aides with them in the classroom if they require one-on-one individualized attention (in compliance with child’s Individualized Education Plan-IEP)
  • Approved equipment, materials, and supplies.
  • Age appropriate, fenced-in, playground available each day. Other opportunities for outside activities are encouraged (ex. trike trail, green space, gardens, etc.)

6.4 Licensing: The facility must hold a current license from the Department of Human Resources, (not required for programs administered by public school systems).

6.5 Accreditation: … The Office of School Readiness encourages all sites to pursue accreditation.

6.8 Other Program Components: Lunch, snacks, rest and supervised outdoor play are part of the Pre-Kindergarten program. Breakfast may be included at the discretion of the provider, but should be offered prior to initiation of the 6.5-hour day.

Note: Breakfast as part of the children’s program (i.e., a language development time, a center-time activity, etc.) is permissible. No part of the day may be religious in nature. A moment of silence is acceptable. Activities religious in nature must take place outside of the 6.5-hour school day.

Pre-Kindergarten RFP

A Potential Provider must …

Work with local task force to provide:

  • A minimum of 18 hours of family enrichment workshops.
  • Health screenings for all children (physical exam, vision, hearing, dental).
  • Crisis intervention.

Delivery of Preschool Services:

Code of Ala. § 26-24-24. The following entities may voluntarily, but shall not be required to, participate in the programs and services administered by the Office of School Readiness:

(1) Public schools.

(2) Private schools.

(3) Churches.

(4) Existing public prekindergarten programs.

(5) Existing private prekindergarten programs.

(6) Existing non-profit prekindergarten programs.

(7) Any other entities or programs approved by the office.

Code of Ala. § 26-24-25. As additional funds become available, all programs within each county participating in school readiness shall collaborate on early education and child care programs that are funded with state and/or federal funding including, but not limited to, adult and community education programs, Even-Start literacy programs, prekindergarten early intervention programs, Head Start programs, programs offered by public and private providers of child care, migrant prekindergarten programs, Title 1 programs, subsidized child care programs, and teen parenting programs, together with any additional funds appropriated or obtained for this section. These programs shall be components of the integrated school readiness program.

Operating Guidelines

1.3 Task Force: Each community must form a Collaborative Task Force to guide the Pre-Kindergarten program. The members of this group will plan for and contribute to the collaboration of community resources to provide a high quality program. Representatives of Department of Human Resources, School Systems, Health Department, Rehabilitation Services, local Children’s Policy Councils, Chambers of Commerce and any others who serve families and children should be included. The Task Force should meet at least once per quarter.

Pre-Kindergarten RFP

Eligibility to Apply: Public school systems, Head Starts, Faith-Based centers, College/University lab schools, and licensed childcare centers in all counties are eligible (counties that do not have a state funded Pre-K site will be more heavily weighted in the selection process …).

Requirements for Student Assessment and Program Evaluation:

Code of Ala. § 26-24-23. The Office of School Readiness shall do all of the following:

… (7) Issue annual reports to the Governor and the Legislature concerning the administration and operation of the prekindergarten program.

… (11) Assess gaps in services.

(12) By January 2001, adopt a system for measuring school readiness that provides objective data regarding the expectations for school readiness, and establish a method for collecting the data and guidelines for using the data. …

Operating Guidelines

6.12 Assessment: The Pre-Kindergarten provider shall ensure that child assessment procedures reflect appropriate practices for young children. Assessments should incorporate information from multiple sources, including health records, parental input, and child observations. Any assessment instruments used should be valid, reliable, culturally sensitive, and individually administered by trained personnel.

Some specific child assessment instruments will be required by OSR for standard assessment.

8.2 On-Site Evaluation: The Technical Assistant will conduct on-site monitoring and evaluate program progress during random visits throughout the year. During these visits assessments (i.e. ELLCO [Early Language and Literacy Classroom Observation]) will be compiled by the Technical Assistant and records to be kept on site will be verified. Stipulations with timelines and recommendations will be developed for each site. Stipulations will require action; recommendations are strongly advised. Repeated violations of stipulations will be used to determine continuation of funding. A continuation of low scores on program assessments may result in a loss of funding.


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

Starting at 3, a project of Education Law Center, is supported by a grant from The Pew Charitable Trusts