State Preschool Program

Overview

Arkansas operates the Arkansas Better Chance Program (ABC), which provides early care and education to children ages birth through five. Within the ABC Program is the Arkansas Better Chance for School Success Program ("ABC for School Success"), which provides high quality preschool education to low-income three- and four-year-old children residing in low-performing school districts. The ABC for School Success Program must be offered within a school district if the majority of its students score poorly on state assessments or the district has been designated as being in academic distress. To be eligible for the program, a child must have a family income not exceeding 200% of the federal poverty level. Programs may also admit children that are not income eligible, but instead fall into a category such as foster children, children with a parent in jail, or children with a parent serving in the military overseas.

According to the National Institute for Early Education Research (NIEER), Arkansas served 18% of all four-year-olds in its state preschool program in 2005-2006, showing a steady growth trend from 6% and 12% for the prior two years. In 2005-2006, $57.2 million were spent to provide center-based ABC for School Success programs for 11,820 eligible three- and four-year-olds. The appropriation for 2005-2006 and 2006-2007 for the ABC program (birth-through-5) was $71.2 million, increasing significantly to $111 million for 2007-2008 and 2008-2009.

State Policy

Arkansas’ state policy expresses explicit intent to expand the availability of developmentally appropriate early childhood programs, recognizing that high-quality early care and education programs provide children from all backgrounds, particularly low-income children, with the skills, enrichment, and learning opportunities that increase their chances of future success in school.

Eligibility Criteria

Arkansas’ state-funded preschool program is not mandated for particular students, but must be offered within certain school districts. A school district is required to establish, with the help of the Department of Education and its local community, the ABC for School Success Program, if the majority of its students score poorly on state exams or the district has been designated as being in academic distress. To be eligible for the program, a child must be three- or four-years-old and have a family income not exceeding 200% of federal poverty guidelines. Children are exempt from the family income requirements if they fall into certain at-risk categories, including: foster children, children with a parent in jail or arrested or convicted for a drug offense, children living with a non-parental relative, or children with a parent serving in the military overseas. An eligible child's acceptance into the program depends upon program and space availability in the child’s school district, which in turn is contingent upon available funding.

If space is available, children whose families are above the 200% income eligibility threshold but less than 250% may be enrolled and charged fees based on a sliding scale.

Program Length/Duration

All ABC programs must meet the minimum requirement of providing 178 instructional days per year and 7 hours per day.

Funding

The ABC for School Success Program is funded only to the extent of available appropriations. The Department of Education has discretion regarding how to allocate available funds, based on a set of priorities. As a condition of receiving ABC for School Success funding, school districts and private preschool providers are required to contribute a local match of 40 percent. However, the local-to-state match requirement may be waived by the Division of Child Care and Early Childhood Education if the school or program is in a district considered to be in "academic distress" and the Division determines that, despite assistance, the school is unable to provide the 40 percent match requirement. Any non-profit that meets the applicant eligibility criteria may qualify for consideration and funding. For the 2007-2008 school year, the maximum funding per child is $4,630 for a center-based or licensed child care family home classroom.

ABC funds are derived from general revenue, non-revenue income from services provided by the Division of Child Care and Early Childhood Education and the Department of Health and Human Services, and nonfederal grants. In 2004, the Arkansas Legislature approved a 7/8 – cent sales tax to provide approximately $380 million annually to fund educational reforms, including the ABC program. In the past, the ABC program was also funded by a tax on beer , but that tax expired in June 2007. For 2005-2006 and 2006-2007, the appropriations through the Department of Education for the whole ABC program (birth-through-5) totaled $71.2 million annually. For the 2007-2009 biennial cycle, funding increased to $111 million a year. All pre-K funding is deposited in and distributed through the Child Care and Early Childhood Education Fund Account.

Quality Standards

In a national survey of quality standards, the National Institute for Early Education Research (NIEER) gave Arkansas’ ABC for School Success Program a rating of 9 out of 10. All ABC for School Success teachers in public school settings must possess a P-4 certification, which covers birth to fourth grade. Teachers in other settings require a bachelor’s degree specializing in early childhood. Some classrooms in multi-classroom sites, however, may utilize a teacher with only an associate’s degree, which does not meet NIEER’s quality benchmark. Assistant teachers must have an associate's degree or a Child Development Associate credential. In addition to having to satisfy the requirements specified in The Child Care Licensing Act, all ABC for School Success programs must meet a set of minimum standards, including comprehensive curriculum content standards, a maximum class size of 20, a staff/child ratio of 1:10, staffing patterns, and program standards, and guidelines for developmental/health screening, parent/community involvement, meals and transportation.

Delivery of Preschool Services

Any early childhood program that complies with ABC for School Success standards and is accredited by the Department of Health and Human Services and quality-approved by the Department of Education may apply for funding, regardless of who sponsors the program. The General Assembly intends for there to be coordination between existing early childhood education and childcare programs, and ABC programs must collaborate with other providers and agencies in the community.

Requirements for Student Assessment and Program Evaluation

The Division of Child Care and Early Childhood Education is responsible for annual assessment of students enrolled in the ABC for School Success Program to determine their progress towards school readiness. A comprehensive research study will be implemented to evaluate the ABC for School Success Program to ensure that the program goals and intended child outcomes are being met.

Legal Framework

Education Clause in State Constitution

The education clause in Arkansas’ state constitution requires that the State "maintain a general, suitable and efficient system of free public schools and . . . adopt all suitable means to secure to the people the advantages and opportunities of education." To carry out this mandate, the General Assembly and/or public school districts may spend public funds for the education of children under six years of age "as may be provided by law."

Summary of Case Law on School Finance System

Although education has never been deemed a fundamental right under the Arkansas state constitution, the Arkansas Supreme Court has held twice, first in 1983 in Dupree v. Alma School District No. 30 and again almost twenty years later in Lake View School District No. 25 v. Huckabee (2002) (Lake View III), that the state’s system of allocating funds among school districts violates the state constitution’s guarantee of equal protection and its requirement for a "general, suitable and efficient system" of education. The Court in Lake View III directed the Legislature to remedy the constitutional deficiencies in the school finance system by ensuring an adequate education to all on a substantially equal basis.

In February 2004, the Arkansas Supreme Court reestablished jurisdiction over the Lake View case and appointed two special masters to examine the steps taken by the legislature and executive branch to bring the educational system into constitutional compliance. In Lake View IV (2004), the Court reviewed the special masters' report, noted the legislature’s "laudable" progress in reforming the school finance system and released jurisdiction of the case on the basis of separation of powers.

In June 2005, the Court granted plaintiffs' motion to reopen the case and reappointed the special masters to make findings of fact on plaintiffs' allegation that the legislature "reneged on its legislative commitments and failed to comply with the landmark legislation passed during ... 2004." In December 2005, the Court agreed with the special masters' report that the state was not providing an adequate education to all Arkansas children. The Court stayed its mandate to give the legislature time to address the constitutional deficiencies of the school funding system. In May 2007, after requesting another report from the special masters and reviewing their findings, the Court finally ended the case, finding that the legislature had significantly increased funding levels and appropriations, “assur[ing] that the school children of this state are provided an adequate education and a substantially equal educational opportunity.”

Summary of Case Law on Preschool

In Lake View III and Lake View IV, the Arkansas Supreme Court rejected claims that the state is required under the education and equal protection clauses of the state constitution to provide preschool education. The special masters appointed by the Supreme Court to review the Legislature’s compliance with the Court’s directive in Lake View III specifically questioned whether the state could meet its obligation to provide a constitutionally adequate education without providing a preschool education program for all disadvantage students. In Lake View IV, however, the Supreme Court rejected the special masters’ suggestion, thereby closing the door on a court mandate for state-funded preschool education. Nevertheless, the Arkansas Legislature responded to the Lake View litigation and advocacy efforts in the state by including a significant, state-funded preschool program in its plan to meet the Court’s mandate for a constitutionally adequate system of school finance.

Constitutional Provisions on Public Education

Ark. Const. art. 14, § 1 

Intelligence and virtue being the safeguards of liberty and the bulwark of a free and good government, the State shall ever maintain a general, suitable and efficient system of free public schools and shall adopt all suitable means to secure to the people the advantages and opportunities of education. The specific intention of this amendment is to authorize that in addition to existing constitutional or statutory provisions the General Assembly and/or public school districts may spend public funds for the education of persons over twenty-one (21) years of age and under six (6) years of age, as may be provided by law, and no other interpretation shall be given to it.

Case Law on the Right to Public Education and Preschool

Is Education a Fundamental Right under the State Constitution?

In Lake View School District No. 25 v. Huckabee, 91 S.W.3d 472, 495 (2002), cert. denied 538 U.S. 1035, 155 L. Ed.2d 1066 (2003) the Arkansas Supreme Court specifically found it "unnecessary" to deem education a fundamental right under the state constitution. Instead, the Court held that "the State has an absolute duty under [the] constitution to provide an adequate education to each school child … and that "that duty on the part of the State is the essential focal point of [the State] Education Article and … an absolute constitutional requirement."

School Finance Cases in Favor of Plaintiffs:

Dupree v. Alma Sch. Dist. No. 30, 279 Ark. 340, 345, 651 S.W.2d 90, 93 (1983)

The Arkansas Supreme Court held that the state’s system of allocating funds among school districts violated the state constitution's guarantee of equal protection and its requirement that the state provide a "general, suitable, efficient system" of education, ruling that the state’s property tax system, on which the state’s system of school funding was based, had no "rational relationship to the educational needs of the individual districts…."

Lake View Sch. Dist. No. 25 v. Huckabee, 91 S.W.3d 472 (2002) (Lake View III), cert. denied 538 U.S. 1035, 155 L. Ed.2d 1066 (2003)

The Arkansas Supreme Court held that the state’s school funding system violated the education and equal protection provisions of the Arkansas Constitution. The Court found that the funding system violated the education clause because the "[s]tate ha[d] not fulfilled its constitutional duty to provide the children of [the] state with a general, suitable, and efficient school funding system." Lake View Sch. Dist. No. 25 v. Huckabee, 91 S.W.3d 472, 495 (2002). Regarding the equal protection violation, the Court held that "equal educational opportunity is not being afforded to the school children of this state and that there is no legitimate government purpose warranting the discrepancies in curriculum, facilities, equipment, and teacher pay among the school districts." Id. at 500. The ruling gave the legislature until January 1, 2004 to correct the inadequacies of the state education system.

When the lawmakers failed to act by that date, the Supreme Court reestablished jurisdiction over the Lake View case and appointed two special masters to examine and evaluate the actions taken by the legislative and executive branches to comply with the prior order, Lake View Sch. Dist. No. 25 v. Huckabee, 144 S.W. 3d 741 (Ark. 2004).

In June 2004, the Supreme Court reviewed the special masters’ report, noted the legislature’s "laudable" progress in reforming the school finance system and, citing the separation of powers doctrine, released jurisdiction of the case, Lake View Sch. Dist. No. 25 v. Huckabee, 189 S.W.3d 1 (Ark. 2004) (Lake View IV). The Court did not determine whether the State had achieved a constitutionally adequate system for funding education, although it expressed a willingness to decide future cases in the event Arkansas failed to make continued progress in remedying deficiencies in the system.

Lake View Sch. Dist. No. 25 v. Huckabee, 364 Ark. 398, 220 S.W.3d 645 (Dec. 15, 2005)

In April 2005, the Rogers School District filed a motion with the Arkansas Supreme Court seeking to have the Court reopen the Lake View case, arguing that the state legislature failed to follow the Court's mandate to adequately fund public education. In Lake View Sch. Dist. No. 25 v. Huckabee, 362 Ark. 520, 210 S.W.3d 38 (June 9, 2005), the Supreme Court reopened jurisdiction and recalled its mandate in Lake View III. The Court reappointed the two special masters and their report was filed in October 2005.

In its December 2005 decision, the Arkansas Supreme Court agreed with most of the report’s findings of fact and conclusions of law. Specifically, the Court found that:

• The legislature failed to comply with "Act 57," which gives the educational funding system accountability by requiring an annual legislative assessment of "what constitutes an adequate education." Foundation amounts were determined without regard to pertinent information on district revenue and needs.
• Funding aid was determined based on available funds, not actual need.
• Facilities repair and construction was grossly underfunded. For example, total facilities funding for the 2005-2006/2006-2007 biennium was only $120 million, while the "Priority One" construction and repair program alone had costs in excess of $205 million.
• The school aid formula, tied to local revenue and a uniform taxation rate, would leave some districts unable to raise the foundation amount of $5,400 per student.
• A freeze on funding for alternative learning environments and English language learners, combined with federal changes in the school lunch program, would have an impact on remedial programs, mentoring and coaching programs, etc.

The Court held that the school funding system continued to be inadequate, and ordered the legislature to immediately correct the deficiencies found in the masters’ report. The Supreme Court stayed its mandate until December 1, 2006, to give the state time to correct the constitutional deficiencies. Eventually, the Court requested another report and extended the stay till May 2007.

Standard for a Constitutionally Adequate Education:

Lake View Sch. Dist. No. 25 v. Huckabee, 91 S.W.3d 472, 487-88 (2002) (Lake View III); cert. denied 538 U.S. 1035, 155 L. Ed.2d 1066 (2003)

The Court in Lake View III noted that the Arkansas Department of Education had failed to comply with prior legislative and judicial directives to define an adequate education for Arkansas school children. Lake View Sch. Dist. No. 25 v. Huckabee, 91 S.W.3d 472, 486 (2002). Without the benefit of the Department’s adequacy standard, the Court first looked to state legislation articulating "the basic core of knowledge and skills" Arkansas public school students are expected to demonstrate. Id. at 486-87 (citing Ark. Code Ann. § 6-15-1003(a), (b), (c)). Determining that the legislation only partly defined adequacy, the Court went on to adopt the adequacy standard articulated by the Kentucky Supreme Court in Rose v. Council for Better Education, Inc., 790 S.W.2d 186, 212 (Ky. 1989): "‘[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.’" Id. at 487-88.

Lake View Sch. Dist. No. 25 v. Huckabee, 189 S.W.3d 1 (Ark. June 18, 2004). (Lake View IV)

The Arkansas Supreme Court found that it was up to the General Assembly and State Department of Education to define a constitutionally adequate education. The Court noted various definitions of "adequacy," including its reference in Lake View III, discussed above, to the Rose factors for educational goals set out by the Kentucky Supreme Court in Rose v. Council for Better Education, Inc., 790 S.W.2d 186, 212 (Ky. 1989); a dictionary definition of "efficiency" cited by the Special Masters who were assigned to evaluate the General Assembly’s compliance with the Court’s order in Lake View III – "capacity to produce desired results with a minimum expenditure of energy, time, money and materials;" and the definition offered in the cost study commissioned by the General Assembly - "an amount of revenue per pupil enabling a student to acquire knowledge and skills specified by public officials as necessary to participate productively in society and to have an opportunity to lead a fulfilling life." The Court found all of these definitions were "helpful," but declined to rule on a specific definition of adequacy.

School Finance Cases against Plaintiffs:

Decisions Ruling School Finance Issues Were Non-Justiciable:

None.

Cases Related to State-Funded Preschool:

In Lake View School District. No. 25 v. Huckabee, 91 S.W.3d 472, 500 (2002) (Lake View III), cert. denied 538 U.S. 1035, 155 L. Ed.2d 1066 (2003), the Court rejected plaintiffs’ claim that the state equal protection clause required the state to provide equal access to preschool education, if the state either directly or indirectly funds some school districts that are providing early childhood education. The Court also rejected the argument of school district intervenors that the state must provide preschool education under the education clause as an essential component of an adequate education. Id. at 501. The Court concluded that it lacked the authority to order the state to implement any specific programmatic remedy, including state-funded preschool, since such programs were a matter of public policy left to the authority of the state legislature. Id.

In Lake View Sch. Dist. No. 25 v. Huckabee, 189 S.W.3d 1 (Ark. 2004) (Lake View IV), the Arkansas Supreme Court reiterated its ruling in Lake View III that the General Assembly has sole authority to authorize and fund an early childhood education program. The special masters appointed by the Court to review the General Assembly’s compliance with Lake View III had suggested in their written report to the Court that the State could not meet the goal of the Court’s decision without the provision of a preschool program for disadvantaged children. The Supreme Court, however, rejected the special masters’ recommendation on preschool.

Pending School Finance Cases:

Statutes, Regulations and Guidance Documents on State Preschool Program

Arkansas Code Annotated (A.C.A.) § 6-45-101 et seq., Arkansas Better Chance Program

Code of Arkansas Rules (AR. Admin. Code) 005.24.001. Arkansas Department of Education Rules Governing the Arkansas Better Chance Program

Provisions Expressing State Policy on Preschool:

A.C.A. § 6-45-102: It is the intent of the General Assembly to expand the availability of developmentally appropriate early childhood programs, including, but not limited to, Head Start, the Home Instruction for Parents of Preschool Youngsters, Therapeutic Child Development Programs, and Parents as Teachers. Children have the capacity to learn at very early ages, and participating in high-quality early care and education programs provides preschool children with the skills, enrichment, and learning opportunities that increase their chances of future success in school. Children from all backgrounds who receive high-quality early care and education score higher on tests of both cognitive and social skills in their early school years. Low-income children who receive high-quality early care and education score significantly higher on tests of reading and math from their primary years through middle adolescence. These high-quality early care and education services can be both classroom, center-based, or home-based programs. Therefore, the General Assembly finds that the state should provide assistance to educationally deprived young children by funding successful and innovative programs that are designed to increase the learning of these children and provide for their optimal development.

A.C.A. § 6-45-105 Establishment of the Arkansas Better Chance Program:

(a)(1)(A) The Department of Education shall establish the Arkansas Better Chance Program to assist in the establishment and funding of the appropriate early childhood programs for children ages birth through five (5) years of age.
(B) Within the Arkansas Better Chance Program there is established the Arkansas Better Chance for School Success Program for providing appropriate early care and education programs for children three (3) years of age and four (4) years of age as identified under § 6-45-108(a)(1).

Eligibility Criteria for State Preschool Program:

A.C.A. § 6-45-104(a)(2): A local school is required to work with the Department of Education and its local community to establish, promote, and assist in the development of a program under the Arkansas Better Chance for School Success Program to serve all children in the school as provided in § 6-45-108, if:

1. The school has had seventy-five percent (75%) or more students scoring below proficiency on the primary benchmark exams or other exams designated by the department in the preceding two (2) school years; or
2. The school has been designated by the department as being in school improvement status under § 6-15-425 or it is located in a district in academic distress.

A.C.A. § 6-45-108(a): Criteria for determining need.

1. All children three (3) years of age and four (4) years of age who are members of a family with a gross family income not exceeding two hundred percent (200%) of the federal poverty guidelines are eligible to attend an Arkansas Better Chance for School Success Program if there is a program available in the school district where the child resides and if there is available space for the child to attend the program.
2. The Department of Education and the Division of Child Care and Early Childhood Education of the Department of Health and Human Services may develop a fee schedule and establish eligibility based on family income for children who are not eligible under subdivision (a)(1) of this section, but priority enrollment shall be allowed to children eligible under subdivision (a)(1) of this section

AR. Admin. Code 005.24.001-4.02: To be eligible, children shall reside within the boundaries of an Arkansas school district. Programs may accept children outside of their local area if they have exhausted local recruiting efforts and have unfilled ABC slots.

AR. Admin. Code 005.24.001-4.03: Eligible children for the ABC program shall have at least one of the following characteristics:

• Family with gross income not exceeding 200% of the FPL
• Parents without a high school diploma or GED
• Low birth weight (below 5 pounds, 9 ounces)
• Parent is under 18 years of age at child's birth
• Immediate family member has a history of substance abuse/addiction
• Income eligible for Title I programs
• Eligible for services under IDEA
• Parent has a history of abuse or neglect or is a victim of abuse or neglect
• A demonstrable developmental delay as identified through screening
• Limited English Proficiency.

AR. Admin. Code 005.24.001-4.04: Eligible children for the ABC for School Success program must meet the following qualifications:

• Must be three or four years of age by ADE [Arkansas Department of Education] cutoff date
• Gross family income < 200% of FPL
• A program is available in the area where the child resides and there is available space for the child to attend. To receive special education services a child must reside within certain district/co-op boundary lines.

AR. Admin. Code 005.24.001-4.11: An age-eligible child who falls into one of the following categories shall be exempt from family income requirements:

• Foster child
• Child with an incarcerated parent
• Child in the custody of/living with a family member other than mother or father
• Child with immediate family member arrested for or convicted of drug-related offenses
• Child with a parent activated for overseas military duty

AR. Admin. Code 005.24.001-4.12: The ADE and DCCECE may develop a fee schedule and establish eligibility based on family income for children who are not eligible under Section 4.4, but priority enrollment shall be provided to children eligible under Section 4.4. Families who are qualified for enrollment under a sliding fee scale should pay fees directly to the program. …

Arkansas Better Chance – Instructions For Completing 2007-2008 Grant Application (2007)

Only programs operating an ABC program PRIOR to the 2004-2005 school year have a certain percentage of funds which may be used to serve children under the original Arkansas Better Chance guidelines. The original ABC program may serve children from birth through age 5 that have at least one of the following characteristics: … [listed in AR. Admin. Code 005.24.001-4.3, above]

… Once programs have identified and recruited families in [the 200%] income group, programs may opt to recruit families between 200-250% of Federal Poverty Level and have parents pay a portion of the ABCSS reimbursement using a sliding fee scale. …The parent portion will be deducted from program payments.

Program Length/Duration:

AR. Admin. Code 005.24.001-9.06: For each child enrolled, ABC programs shall provide a minimum of 7 hours per day, 178 days per year for instruction.

Scope of State’s Responsibility to Provide Preschool:

State-funded preschool is not mandated for anyone, although it must be offered for certain at-risk students, depending on available funding. The Arkansas Department of Education is required to establish and regulate the ABC for School Success Program, A.C.A. § 6-45-105(a)(1)(A), -(a)(2)(B)(i), and a school is required to establish a program if it has seventy-five percent (75%) or more students scoring below proficiency on the primary benchmark exams in the preceding two, or has been designated by the Department as being in academic distress. A.C.A. § 6-45-104(a)(2). A child is eligible to attend a preschool program if he/she possesses certain risk factors identified in the legislation, A.C.A. § 6-45-108(a)(1), and administrative code, AR. Admin. Code 005.24.001-4.03. However, a child’s acceptance into a program is dependent on program availability within the school districts. A.C.A. § 6-45-108(a)(1) and (2). Program availability, in turn, is dependent on whether the district is required to operate a program, as set forth above, and on state appropriations. See the following section on state funding.

Scope of State's Responsibility to Fund Preschool:

A.C.A. § 6-45-107. Publication of funding availability and program criteria.

The Department of Education shall annually provide notification to school districts and to other appropriate providers of the availability of funds under the Arkansas Better Chance Program and shall include in such notification the programmatic standards and criteria for determination of eligibility for funding under the program. 

A.C.A. § 6-45-106(c).

(1) In allocating funding for the Arkansas Better Chance for School Success Program, priority consideration shall be given to:

(A) Schools that have seventy-five percent (75%) or more students scoring below proficiency on the primary benchmark exams, or other exams designated by the Department of Education, in the preceding two (2) school years; and

(B) Schools that have been designated by the Department of Education as being in school improvement status under § 6-15-425 or are located in a school district in academic distress.

(2) The goal of the state is to make available an Arkansas Better Chance for School Success Program for an additional one-fifth (1/5) of the qualifying students each year over a period of five (5) years at which time programs shall be available in all schools statewide.

... (4): Any program given priority consideration under this subsection shall continue to receive priority funding as necessary to continue an established program even though the criteria under subdivision (c)(1) no longer exist for that school district.

A.C.A. § 6-45-106(a)(2)(A): A local-to-state match will be required in the ratio of forty to sixty (40:60), except if the Division of Child Care and Early Childhood Education of the Department of Health and Human Services may waive the requirement of the local-to-state match; if

1. the school is in a district that have been designated by the Department of Education as being in academic distress; and
2. the Division determines that the school is unable to provide the local-to-state match requirement, after the Division has assisted the school in identifying potential funding sources to provide local-to-state match requirements.

(C) The local match may consist of cash or appropriate in-kind services.

AR Admin. Code 005.24.001-5 PROGRAM/AGENCY ELIGIBILITY

5.01 Any child care provider meeting these criteria is eligible to apply for funding:

• Located within the boundaries of the State of Arkansas
• Licensed by DCCECE [Division of Child Care and Early Childhood Education] as a Child Care Center or Child Care Family Home with no history of formal corrective action or founded complaints which pose an immediate safety risk within 12 months of application date
• Has no outstanding debt to DCCECE or ADE. (This requirement shall be suspended if an appeal is pending.)
• Has obtained State Quality Approval accreditation OR is eligible for such accreditation in the space to be used for the ABC program
• Can provide matching funds in accordance with local to state 40:60 funding ratio

The local-to-state match may be waived by DCCECE if the program is in a school district that has been designated by ADE as being in academic distress and DCCECE determines that the school is unable to provide the local-to-state match requirement. This determination may be made only after DCCECE has assisted the school in identifying potential funding sources to provide local-to-state match requirements.

5.02 Any provider wishing to be considered for funding must fully complete a grant application supplied by DCCECE. Grant applications will be evaluated and scored on the following factors:

• Current status of child care license and quality approval accreditation
• The degree to which the program can provide a developmentally appropriate preschool program as outlined in the grant application
• A strategy of collaboration with the local business and education community
• A fiscally-responsible budget which correlates to core quality components
• A plan of action for parent involvement

5.03 DCCECE will determine an acceptable cutoff score for approved applications. Questions and concerns regarding grant scoring should be referred to the Program Administrator. The ABC Program Administrator shall make the final determination of all grant scores. Grant scores are final.

5.04 All applications shall include a budget which corresponds to the ABC core quality components, details program costs and demonstrates fiscal responsibility. …

Source of Funding for Preschool Program:

A.C.A. § 3-7-201 Tax imposed -- Collection

   (e) (1) The revenues derived from the excise tax on beer levied under subdivision (a)(3) of this section shall be deposited in the Department of Human Services Grants Fund Account to be distributed as follows:

   (A) (i) Twenty percent (20%) of the funds shall be used to provide subsidized child care for low-income families; . . .

   (B) Eighty percent (80%) of the funds shall be used to support and expand the Arkansas Better Chance Program of the Department of Education.

   (2) On June 30 of any year, the balance of the funds derived from the excise tax on beer levied under subsection (a) of this section may be carried forward into the next fiscal year, there to be used for the same purposes.

   (3) (A) The revenues derived from the excise tax on beer levied under subsection (a) of this section shall be supplementary to the Child Care Development Fund.

   (B) These funds shall be exempt from budgetary cuts, reductions, or eliminations caused by a deficiency of general revenues.

   (4)(A) The excise tax on beer levied under subdivision (a)(3) of this section shall not extend past June 30, 2007.

     (B) After June 30, 2007, the State Board of Education and the Department of Education shall fully budget, fund, and expend or commit to expend the replacement general revenue in addition to any other funding provided by law for essential programs such as subsidized child care for low-income families, the Arkansas Better Chance Program, and the Child Care Development Fund in an amount equal to the appropriation level for the program.

Note: Although an emergency amendment imposed a new 1% tax on beer beginning July 1, 2007, revenue from that tax was designated for the state’s general revenue fund, not for the DHS Grant Fund earmarked for the ABC program. See A.C.A. § 3-7-201(f).

2007 Arkansas Laws Regular Session S.B. 261

SECTION 1. APPROPRIATION. There is hereby appropriated, to the Department of Education, to be payable from the Department of Education Public School Fund Account, for grants and aid to local school districts and special programs of the Department of Education for the biennial period ending June 30, 2009, the following:

Better Chance Program $111,000,000 [FY 2007-2008] $111,000,000 [FY 2008-2009]

A.C.A. § 19-5-306(12)(A): The Child Care and Early Childhood Education Fund Account shall be used for the maintenance, operation, and improvement required by the Division of Child Care and Early Childhood Education of the Department of Human Services in carrying out those functions, powers, duties as set out in the Child Care Facility Licensing Act, §20-78-201 et. seq., or other duties imposed by law upon the Division of Child Care and Early Childhood Education and the Department of Health and Human Services.

A.C.A. § 19-5-306(12)(B): The Child Care and Early Childhood Education Fund Account shall consist of:

1. Those general revenues as may be provided by law;
2. Nonrevenue income derived from services provided by the Division of Child Care and Early Childhood Education and the Department of Health and Human Services; and
3. Any other nonfederal grant-in-aid funds provided by law.

A.C.A. § 19-5-1227

(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the "Educational Adequacy Fund".

(b) After the Treasurer of State has made deductions from the revenues under § 19-5-203(b)(2)(A), the Educational Adequacy Fund shall consist of:

… (3) The revenues generated by §§ 26-52-302(d) …

A.C.A. § 26-52-302(d)(1): There is levied an additional excise tax of seven-eighths of one percent (0.875%) upon all taxable sales of property and services subject to the tax levied by the Arkansas Gross Receipts Act of 1941, § 26-52-101 et seq.

Scope of Child's Right to Attend Preschool:

A.C.A. § 6-45-108(a)(1)

Curriculum Content Standards for Preschool Program:

AR Admin Code 005.24.001-13.05: The program shall have a written over-all curriculum plan which is arranged in thematic units, projects or topics of study, and includes goals and objectives related to the following:

• Cultural Diversity
• Social/Emotional development
• Creative/Aesthetic learning
• Cognitive/Intellectual learning
• Physical development
• Language

AR Admin Code 005.24.001-13.06: All programs must utilize a curriculum approved by DCCECE. A list of approved curriculum models will be made available by DCCECE on an annual basis. A program wishing to use a curriculum not on the list may request, in writing to DCCECE, consideration of an additional curriculum. Program coordinators shall ensure teachers have adequate training on curriculum.

Teacher Certification/Qualification Standards for Preschool Program:

AR Admin. Code 005.24.001-11 STAFF QUALIFICATIONS AND TRAINING REQUIREMENTS

11.01 The lead teacher shall hold a standard Arkansas teacher license with P-4 certification. Non-public school based or non-educational cooperative based ABC programs may hire a non-certified teacher with a bachelor's degree in early childhood education or child development. Non-public school or non-cooperative based ABC programs may not hire teachers with a provisional or initial teacher license. The Division shall consider degree exemptions for non-public school/coop based providers on a case-by-case basis, contingent upon the teacher having a requisite number of hours in early childhood and/or child development. Lead teachers must be able to demonstrate competency in the areas of developmentally appropriate programming, curriculum development and daily classroom management.

11.02 For multiple classroom sites, the teacher of a second classroom shall hold, at a minimum, an associate degree in early childhood education or early childhood development. Teachers must be able to demonstrate competency in the areas of developmentally appropriate programming, curriculum development and daily classroom management. The Division shall consider degree exemptions for non-public school/coop based providers on a case-by-case basis, contingent upon the teacher having a requisite number of hours in early childhood and/or child development. Non-public school or non-cooperative based ABC programs may not hire teachers with a provisional or initial teacher license.

11.03 The paraprofessional shall hold one of the following:

* Associate degree in early childhood education or child development OR

* CDA [Child Development Associate] credential

Paraprofessionals are an integral part of classroom instruction and should be given responsibilities which are commensurate with their education and experience. In general, paraprofessionals should be able to assist with classroom activities, interaction, supervision and observation.

11.07 Staff members not qualifying under Sections 11.01-11.02 may work in an ABC program under an approved SQP [Staff Qualifications Plan]. DCCECE will approve these plans on a case-by-case basis and shall monitor the plan to ensure adequate progress is being made. ...

11.08 While adhering to the necessary qualifications, ABC programs should also strive to maintain an ethnically diverse staff appropriate to child enrollment.

11.09 Between July 1 and June 30 each year, all ABC teachers and aides shall participate in a minimum of thirty (30) hours of staff development on topics pertinent to early childhood education and approved by DCCECE. Persons who are obtaining an early childhood degree may count college course hours pertinent to early childhood education toward the required hours of staff development. ...

11.10 Teachers and paraprofessionals shall be required to receive training in the following areas:

• Arkansas Early Childhood or Infant/Toddler Education Framework
• Pre-K ELLA (Early Literacy Learning in Arkansas)
• INDEX (Math/Science for Young Children)
• Social/Emotional Learning in Arkansas
• Work Sampling Online
• COPA
• Deveraux Early Childhood Assessment (DECA)
• Special Needs, including process, Special Education rules and regulations and IDEA

With the exception of annual Work Sampling training and updates, timeframes for completing such requirements may vary with availability and access to the above trainings. ...

11.11 In addition to the requirements of 11.10, coordinators for each ABC program shall ensure that all appropriate staff members attend mandatory training (budgets, reporting, assessments, information technology, etc.) provided by DCCECE. Programs with staff members not adhering to these requirements are subject to the terms of a compliance plan as outlined in Section 21 [Note: Should read Section 22]..

11.12 The ABC program coordinator and all ABC staff shall register with the AECPDS [Arkansas Early Childhood Professional Development System] Registry. ...

Other Quality Standards for Preschool Program:

A.C.A. § 6-45-105(a)(2)(A): Beginning with the 1991-1992 school year, the department shall award grants or contracts to appropriate early childhood programs selected by the department in accordance with specified programmatic standards.
(B)(i) These standards will be developed by the department, with the advice and assistance of the Arkansas Early Childhood Commission.

AR Admin. Code 00524.001-9 MINIMUM STANDARDS/CLASSROOM PROGRAMS

9.01 All ABC classroom programs shall satisfy the requirements specified in "The Child Care Licensing Act," Ark. Code Ann. 20-78-201 through 224 and rules and regulations enacted pursuant to these sections.

9.02 All ABC center-based or family-home based programs shall maintain a license in good standing as referenced in Section 9.1. Any ABC program whose license is revoked shall be immediately terminated from the ABC program.

... 9.04 DCCECE is directly responsible for the inspection and evaluation of programs as referenced in Section 9.1. Inspections and monitoring visits may occur without prior notice. This includes quality visits, program reviews or any other visit by a DCCECE or authorized representative.

9.05 All ABC classrooms shall meet the criteria for becoming an "approved" Early childhood program under the Arkansas Child Care Approval System Rules and Regulations, Ark. Code Ann. 6-45-103 and 106 (Supp. 1993). An overall score of 5.0 is required for the ERS [Environmental Rating Scale] which is applicable to each classroom. DCCECE will utilize the following procedure for any program failing to meet these requirements:

1st No Pass (ERS Score < 5.0): Recommendations for improvements shall be made in writing to the Agency ABC Administrator/Coordinator and Teacher. Technical assistance shall be given to the Agency.

2nd No Pass (ERS Score < 5.0): Conference shall be held between Agency ABC Administrator/Coordinator, Teacher and DCCECE staff to advise Agency of 2nd No Pass Status and required improvements. Agency is placed on probationary status with third review scheduled within 60 days of conference.

3rd No Pass (ERS Score < 5.0): Agency is partially or fully de-funded for next program year. …

10 STAFF/PUPIL RATIO FOR CLASSROOM PROGRAMS

10.01 The group size in any classroom with ABC children shall not exceed:

Programs may integrate ABC classrooms with children funded through other sources. However, the maximum group sizes listed above apply to ALL children in a classroom containing ABC children, regardless of funding source.

10.02 The adult-to-child ratio in any classroom with ABC children shall not exceed:

10.03 A minimum of 50% of the staff must remain in the classroom during rest time for children 3-5 years old only. Full staffing must occur for all other ages and at all other times, including meals.

12 STAFFING PATTERNS/CLASSROOM PROGRAMS

12.01 Single classroom sites for preschool shall have a teacher qualified under section 11.01-11.02. Classrooms with over 10 children must also have a paraprofessional qualified under section 11.03.

12.03 In multi-classroom sites, the following staffing patterns shall be adhered to:

13.01 All early childhood programs funded by ABC monies shall be developmentally appropriate and individualized to meet the needs of each student enrolled. ...

13.03 Each classroom shall be equipped with toys, books and play apparatus to take care of the needs of the total group and to provide each child with a variety of activities through the day. A variety of this equipment shall be accessible from low shelves to the children of all ages and shall be arranged in learning centers.

13.04 The program shall be individualized to meet the needs of each student enrolled. Each curriculum model and the actual classroom practice will be assessed using the applicable environment rating scale to ensure the model is developmentally appropriate.

13.07 Children shall participate in a daily schedule that reflects a balance among the following types of activities:

• Indoor/Outdoor
• Quiet/Active
• Individual/Small Group/Large Group
• Gross Motor/Fine Motor
• Child Initiated/Teacher Initiated

13.08 Routine and transition times throughout the day, such as preparing for mealtime, shall be used as opportunities for incidental learning. Transition times shall be planned to avoid frequent disruption of children's activities and long waits between activities.

… 13.14 Provision should be made through program design and networking efforts to ease the transition of children moving from one program or age grouping to another or to public school kindergartens. This provision must include individual needs assessments on each child, lesson plans and specific activities written into the program design. ...

13.15 ABC programs are required to provide free nutritious meals and snacks for all children enrolled in ABC/ABCSS.

13.16 Parents or guardians of children qualified as eligible for ABC services shall not be required to pay any fees or provide food or supplies during ABC program hours. This includes enrollment fees, field trip expenses or uniforms.

15 ASSESSMENT AND SCREENINGS

15.05 Within forty-five (45) days of entering an ABC program, a child shall receive a routine annual developmental screening to determine individual needs. The program agency shall be responsible for completing the developmental screening. The purpose of screening is to identify developmental delays and/or educational deficiencies. Children so identified shall be referred to Special Education within seven (7) calendar days of the date of screening. Programs shall comply with state and federal laws for Special Needs students.

15.06 The developmental screening must include, at a minimum, the following areas:

• vocabulary
• visual-motor integration
• language and speech development
• fine and gross motor skills
• social skills
• developmental milestones

15.07 DCCECE will provide a list to programs of all acceptable developmental screening instruments on an annual basis.

15.08 Within 45 days of the first day of attendance, every child shall receive an age-appropriate health screening, which includes a hearing and vision test, performed by a licensed physician or physician assistant. Programs should contact DCCECE for information on seeking a waiver under Ark. Code Ann. § 6-18-701 (Repl. 1993). Programs shall work in partnership with parents to obtain health screening information.

15.09 On or before the first day of attendance, parents or guardians shall provide proof that their child is current on all required immunizations or is on an acceptable "catch up" schedule. A waiver from this requirement may be granted from the Arkansas Department of Health under ACA 6-18-702 (Repl. 1993).

16 PARENT AND COMMUNITY INVOLVEMENT

16.01 Each program shall have a plan for parent involvement which includes opportunities for parental input into program operation and design. Parent involvement plans shall include a mechanism for parental advice and review of programmatic plans, parent conferences and a method to involve the parent in the child's educational experience.

16.02 The program shall have an "open door" policy for parents which encourages visiting and participation in classroom activities. Opportunities for at least two parent-teacher conferences shall be given to parents.

16.03 The program shall publish and utilize a parent handbook specifically for the ABC program.

16.04 Each program shall have a plan for community/school district/educational services cooperative/agency involvement, which includes a description of how cooperation with other service providers who are concerned with the education, welfare, and health and safety needs of young children, will be established and maintained. Programs should consider providing opportunities for community representatives to participate in the educational activities of the classroom.

17 TRANSPORTATION

17.01 ABC Programs shall be required to comply with all applicable state and federal laws and guidelines (including the National Highway Traffic Safety Administration ‘s Guidelines for the Safe Transportation of Children in School Buses), as well as Child Care Licensing Standards, regulating the transportation of children.

17.02 Offering transportation to and from an ABC program is strictly optional. DCCECE and ADE accept no liability for the transportation of children participating in an ABC program. ...

Delivery of Preschool Services:

A.C.A § 6-45-106(a)(1)(A):  Any early childhood program accredited and quality approved by the Department of Health and Human Services according to standards approved by the Department of Education may apply for funding, regardless of the sponsorship of the program. Local school districts may apply for funding to operate early childhood programs, not including public school kindergarten, but an appropriate early childhood program need not be affiliated with a school district in order to receive funding.

A.C.A. § 20-78-205(a)(1): There is created the Division of Child Care and Early Childhood Education within the Department of Human Services. In creating the division, the General Assembly intends for the following to be maintained and enhanced:

(A) Coordination of existing early childhood education and child care programs ....

A.C.A. § 6-45-105(a)(2)(A): Beginning with the 1991-1992 school year, the department shall award grants or contracts to appropriate early childhood programs selected by the department in accordance with specified programmatic standards.

AR Admin. Code 005.24.001-5.01 PROGRAM/AGENCY ELIGIBILITY

Any child care provider meeting these criteria is eligible to apply for funding:

• Located within the boundaries of the State of Arkansas
• Licensed by DCCECE as a Child Care Center or Child Care Family Home with no history of formal corrective action or founded complaints which pose an immediate safety risk within 12 months of application date
• Has no outstanding debt to DCCECE or ADE (This requirement shall be suspended if an appeal is pending.)
• Has obtained State Quality Approval accreditation OR is eligible for such accreditation in the space to be used for the ABC program
• Can provide matching funds in accordance with local to state 40:60 funding ratio

The local-to-state match may be waived by DCCECE if the program is in a school district that has been designated by ADE as being in academic distress and DCCECE determines that the school is unable to provide the local-to-state match requirement. This determination may be made only after DCCECE has assisted the school in identifying potential funding sources to provide local-to-state match requirements.

AR Admin. Code 005.24.001-6.02

Any program funded through ABC shall work in collaboration with DCCECE, ADE, local businesses and other early childhood providers (school districts, educational cooperatives, Head Start, HIPPY, private and non-profit providers, etc.) to ensure that all eligible children are served in the most suitable environment. This collaboration shall include, but is not limited to, participation in and/or facilitation of local early childhood meetings and referring families to other programs when appropriate.

AR Admin. Code 005.24.001-16.04

Each program shall have a plan for community/school district/educational services cooperative/agency involvement, which includes a description of how cooperation with other service providers who are concerned with the education, welfare, health and safety needs of young children, will be established and maintained. Programs should consider providing opportunities for community representatives to participate in the educational activities of the classroom.

AR Admin Code 005.24.001-18 OTHER PROGRAM MODELS

18.01 Alternate programs may include, but not be limited to, Licensed Child Care Family Homes, PAT [Parents as Teachers] and HIPPY [Home Instruction for Parents of Preschool Youngsters]. These programs will comply, where applicable, to the regulations herein.

18.02 All ABC funded alternate program models will be developmentally appropriate, meet applicable health and safety standards, provide developmental and health screenings and ensure immunization of the child served.

Requirements for Student Assessment and Program Evaluation:

A.C.A. § 6-45-110 Assessment.

(a)(1) The Division of Child Care and Early Childhood Education within the Department of Health and Human Services shall be responsible for assessment of students enrolled in the Arkansas Better Chance for School Success Program.

     (2)(A) Assessment shall begin upon enrollment in the program and continue until each child completes the fourth grade, so long as the child is enrolled in a public school in the state.

          (B) The division and the Department of Education shall work cooperatively to ensure that the assessments are conducted as required by this section.

(b)(1) Children in the program shall be assessed annually to provide an indication of each child’s progress towards school readiness.

     (2) This annual assessment shall be directly aligned with the Arkansas Early Childhood Education Framework/Early Learning Guidelines and shall serve to promote curriculum development and instructional methods that assist in achievement of the intended outcome of readiness for kindergarten.

     (3)(A) The assessment shall address a child’s strengths, progress, and needs and shall serve as a central part of an effective early childhood program.

          (B) The assessment will be used in making sound decisions about teaching and learning and to identify areas of concern that may require focused intervention.

(c)(1) A comprehensive research study shall be implemented to evaluate the program to ensure that the program goals and intended child outcomes are being achieved.

     (2) The study shall be designed to use sound research-based evidence to determine whether the programs meet the expected standards of quality and whether they are achieving the intended child outcomes.

     (3) This research shall include children entering the program at ages three (3) and four (4) years and follow the children through completion of the fourth grade benchmark exams.

(d) Research results will be provided annually to the Governor and the Senate Interim Committee on Education and the House Interim Committee on Education.

AR Admin Code 005.24.001-15 ASSESSMENT AND SCREENINGS

15.01 DCCECE and ADE shall work cooperatively to ensure that the assessments are conducted as required by Act 49 of 2003.

15.02 Children in the ABC program shall be assessed annually to provide an indication of each child's progress towards school readiness.

15.03 The assessment shall address a child's strengths, progress, and needs and shall serve as a central part of an effective early childhood program. The assessment instrument selected by DCCECE and ADE shall be used for children enrolled in an ABC program.

15.04 A comprehensive longitudinal study shall be implemented to evaluate the ABC program to ensure that the program goals are achieved. The study will be designed to use sound research-based evidence to determine whether the programs meet the expected standards. This research shall include children entering the program at ages three (3) and four (4) years and follow the children through completion of the fourth grade benchmark exams. Research results will be provided annually to the Governor and the Senate Interim Committee on Education and the House Interim Committee on Education.

15.05 Within forty-five (45) days of entering an ABC program, a child shall receive a routine annual developmental screening to determine individual needs.The program agency shall be responsible for completing the developmental screening. The purpose of screening is to identify developmental delays and/or educational deficiencies. Children so identified shall be referred to Special Education within seven (7) calendar days of the date of screening. Programs shall comply with state and federal laws for Special Needs students.

15.06 The developmental screening must include, at a minimum, the following areas:

* vocabulary

* visual-motor integration

* language and speech development

* fine and gross motor skills

* social skills

* developmental milestones

15.07 DCCECE will provide a list to programs of all acceptable developmental screening instruments on an annual basis.…