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Arizona
 

State Preschool Program

Overview

Arizona offers prekindergarten programs funded through the Early Childhood Block Grant program (ECBG). ECBG funds, which may also be used for K-3 supplemental programs, are directed to school districts, which may provide preschool services directly or subcontract with private providers. The program is restricted to low-income children and meets for at least half a day. According to the National Institute for Early Education Research (NIEER), Arizona served 6% of its four-year-olds in its preschool program in 2005-2006, and state funding for the program was approximately $12.3 million, $730,000 more than the previous year.

In November 2006, Arizona voters approved Proposition 203, which will generate an estimated $188 million annually for early childhood development and health care programs for children from birth-to-5, including preschool, through an 80¢ per pack cigarette and tobacco tax. These programs are slated to begin in the 2007-2008 school year, but program and quality standards have not been established yet for preschool programs and other services.

State Policy

The people of Arizona, in establishing the Early Childhood Development and Health Programs through Proposition 203, found that "providing dedicated funding to improve the quality, accessibility and affordability of early childhood development opportunities in the setting of the parents’ choice should be one of the state’s top priorities." In doing so, they took note of research establishing the many social, educational, and economic benefits of high quality preschool to children, as well as the benefits to taxpayers.

The Governor’s School Readiness Action Plan notes that "young children are much more likely to succeed in school if they attend high quality, well-planned early childhood programs," strives to ensure "that all Arizona children begin school safe, healthy and ready to succeed," and recommends expanding the quality and availability of high quality preschools.

Eligibility Criteria

Arizona’s ECBG preschool program is restricted to low-income children eligible for free or reduced price lunches. The program is open to all eligible children not yet old enough for kindergarten, although most enrollees are four-year-olds.

When the Early Childhood Development and Health Programs begin in 2007, a greater proportion of grant funds will be directed to regions with a higher concentration of children from families with income at or below the federal poverty guidelines.

Program Length/Duration

ECBG preschool programs must meet a minimum of 12 hours per week.

Funding

The Arizona preschool program is funded out of the state’s general revenue fund through the Early Childhood Block Grant program, which is also used to fund supplemental programs for grades K-3. Funds are allocated to local school districts based on the number of K-3 children eligible for the federal school lunch program. There is no mandate to provide slots for all eligible children, and a waiting list is created when funds are limited. Other state and federal program funds may be blended with ECBG funds to provide preschool programs.

Proposition 203, approved in November 2006, will generate an estimated $188 million annually through an 80¢ per pack cigarette and tobacco tax. Those proceeds will be used to fund early childhood development and health care programs, including preschool, for children age 0-to-5, beginning in fiscal year 2007-2008. Regional Partnership Councils will review and approve grants for these programs and services, but detailed program requirements and regulations have yet to be established. The tobacco tax revenues may be blended with other federal, state and local monies, as well as private contributions.

Quality Standards

In a national survey of quality standards, the National Institute for Early Education Research (NIEER) gave Arizona’s preschool program a quality rating of 4 out of 10. Arizona has developed comprehensive early learning standards. Arizona did not meet the NIEER recommendation of a bachelor’s degree requirement for teachers, although by July 1, 2009, teachers in any ECBG program must have a state Birth through Age Eight certification or endorsement, which require a bachelor’s degree. Assistant teachers are required to have a specialized Associate’s degree, a Child Development Associate (CDA) credential, or a specialized college certificate with six months experience working with young children, which does not meet NIEER’s benchmark. Arizona’s class size and staff-child ratio requirements meet NIEER’s recommendations of 20 students per class and a ratio of 1:10. Arizona does not require extensive support services such as health screenings, parental support and referrals as NIEER suggests. However, it does require all agencies providing preschool through the block grant program to be accredited by an approved organization. The ECBG program satisfies NIEER’s requirement for monitoring through site visits and other monitoring, but it does not meet the requirement to provide at least one meal a day.

Program and quality standards have not yet been established for preschools funded through the Proposition 203 cigarette tax.

Delivery of Preschool Services

Early Childhood Block Grant funds are directed to local school districts, but eligible children may also attend a private preschool or a Head Start facility that contracts with the district to serve as a licensed, accredited provider. School districts must allow up to fifty percent of children to receive preschool services from a federally funded or private provider, and families must be allowed to choose among providers within the district.

Early childhood development and health programs funded by the Proposition 203 cigarette tax may be provided directly by regional partnership councils, as well as through grants provided to private, public, governmental and faith-based organizations.

Requirements for Student Assessment and Program Evaluation

The effectiveness of the programs funded through the ECBG is evaluated every three years by the state Legislative Council. In addition, on-site program evaluations in AZ state laws section on State requirements for Student Assessment] and self-assessment are conducted through the Early Childhood Quality Improvement Practices process. Student assessment is an ongoing process throughout the year, using multiple assessment measures.

Legal Framework

Education Clause in State Constitution

The state constitution requires the legislature to establish a "general and uniform public school system" that is free and open to all pupils between the ages of 6 and 21.

Summary of Case Law on School Finance System

School finance cases in Arizona have focused on the adequacy of state funding for capital facilities. The state Supreme Court has said that a constitutionally adequate facilities funding system "will make available to all districts financing sufficient to provide facilities and equipment necessary and appropriate to enable students to master the educational goals set by the legislature or by the State Board of Education[.]" In a series of related cases beginning with Roosevelt Elementary Sch. Dist. No. 66 v. Bishop, the Arizona Supreme Court struck down a number of statutory capital funding schemes as unconstitutional under the state constitution’s "general and uniform" provision. However, in the 2003 Roosevelt case, the Court of Appeals declined to declare the latest statutory funding scheme unconstitutional after the plaintiffs challenged the legislature’s failure to fully fund the Building Renewal Fund. The court found that the funding scheme would be invalid if plaintiffs could show that the school districts’ unmet needs for capital repairs and renovations were linked to their pupils’ scholastic performance. The court remanded the case to the trial court for a trial on the merits.

In Crane Elementary School District v. State, the plaintiff school districts challenged the current operations and maintenance funding formula for its failure to provide funding for programs to aid at-risk students, including preschool education. The state Court of Appeals, however, found that such funding for supplemental programs was not constitutionally required in order to provide an “adequate educational opportunity“ for at-risk students.

Summary of Case Law on Preschool

No court in Arizona has ruled on the issue of state funding for prekindergarten. In a pending case, Crane Elementary School, seven school districts allege that the state’s failure to provide funding for at-risk programs, including preschool education, renders the school finance system unconstitutional.

Constitutional Provisions on Public Education

Ariz. Const. Art. 11, §1(A)

The legislature shall enact such laws as shall provide for the establishment and maintenance of a general and uniform public school system, which system shall include:

1. Kindergarten schools;

2. Common schools;

3. High schools;

4. Normal schools;

5. Industrial schools.

6. Universities … .

Ariz. Const. Art. 11, § 6

The University and all other State educational institutions shall be open to students of both sexes, and the instruction furnished shall be as nearly free as possible.

The Legislature shall provide for a system of common schools by which a free school shall be established and maintained in every school district for at least six months in each year, which school shall be open to all pupils between the ages of six and twenty-one years.

Case Law on the Right to Public Education and Preschool

Is Education a Fundamental Right under the State Constitution?

Shofstall v. Hollins, 110 Ariz. 88, 90, 515 P.2d 590, 592 (Supreme Court of Arizona 1973)

"We hold that the constitution does establish education as a fundamental right of pupils between the ages of six and twenty-one years." This holding was questioned by the Supreme Court of Arizona 21 years later in Roosevelt Elementary Sch. Dist. No. 66 v. Bishop, discussed below.

Roosevelt Elementary Sch. Dist. No. 66 v. Bishop, 179 Ariz. 233, 238, 877 P.2d 806, 811 (Supreme Court of Arizona 1994)

The Supreme Court questioned the Shofstall statement that education is a fundamental right, noting that Shofstall was decided using a rational basis test, which is generally inapplicable in cases involving fundamental rights. The Court sidestepped "this conundrum" by deciding the case on the basis of the education clause of the state constitution rather than the state equal protection clause.

School Finance Cases in Favor of Plaintiffs:

Roosevelt Elementary Sch. Dist. No. 66 v. Bishop, 179 Ariz. 233, 242, 877 P.2d 806, 815 (Supreme Court of Arizona 1994)

More than 40 low-wealth school districts, and parents of students in those districts, sued the State of Arizona, the State Board of Education, and the Superintendent of Public Instruction, seeking a declaration that the school funding scheme violated the state constitution’s equal protection clause and the education clause’s mandate for a "general and uniform public school system." The evidence showed enormous disparities in the quality of school facilities in the state. The Arizona Supreme Court found that these disparities were the result of the state’s financing scheme, which combined a heavy reliance on local property taxes, arbitrary district boundaries, and insufficient statutory equalization provisions. The Court held that the state's school funding system violated the constitutional requirement for a general and uniform public school system and requested that the legislature enact appropriate constitutional education finance laws.

Hull v. Albrecht, 190 Ariz. 520, 525, 950 P.2d 1141, 1146 (Supreme Court of Arizona 1997) (Albrecht I)

In response to the 1994 Roosevelt decision, the legislature amended the state’s school financing system in 1997 to include the Assistance to Build Classrooms (ABC) fund, which attempted to remedy funding disparities among districts by providing need-based income to poor districts. The Supreme Court held that the legislation failed to meet the constitutional requirement for a general and uniform system of schools because: (1) its reliance on local property taxes and lack of equalization failed to address substantial disparities among districts, (2) its opt-out provisions impermissibly delegated the state’s responsibility to provide adequate capital facilities to local districts, and (3) it failed to set a standard for adequate capital facilities throughout the state.

Hull v. Albrecht, 192 Ariz. 34, 39, 960 P.2d 634, 639 (Supreme Court of Arizona 1998) (Albrecht II)

Following Albrecht I, the Arizona legislature replaced the ABC Act with the Students FIRST Act (Fair and Immediate Resources for Students Today). The Arizona Supreme Court found that the new FIRST legislation did create minimum adequacy standards for capital facilities, and also provided a mechanism to supply sufficient state funding to ensure that school districts complied with the adequacy standards. The court found, however, that by allowing school districts to opt out of the plan, the Act was unconstitutional under the "general and uniform" clause. "Differentially enabling two classes of districts to access their respective property bases results in systemic, structural differences in the ability of districts to exceed state minimums through local funding. Because of these structural differences, the Act as a whole continues to formalize and perpetuate a structure that fails the general and uniform test."

Standard for a Constitutionally Adequate Education:

Hull v. Albrecht, 190 Ariz. 520, 524, 950 P.2d 1141, 1145 (Supreme Court of Arizona 1997) (Albrecht I)

"Defining adequacy, in the first instance, is a legislative task. But, in addition to providing a minimum quality and quantity standard for buildings, a constitutionally adequate system will make available to all districts financing sufficient to provide facilities and equipment necessary and appropriate to enable students to master the educational goals set by the legislature or by the State Board of Education pursuant to the power delegated by the legislature."

School Finance Cases against Plaintiffs:

Roosevelt Elem. Sch. Dist. No. 66 v. State, 205 Ariz. Super. 584, 74 P.3d 258 (Arizona Court of Appeals 2003), review denied (Ariz. Supreme Court Jan. 7, 2004)

Following Albrecht II, discussed above, the legislature amended the Students FIRST Act to establish three funds to: (1) provide money for new facilities to accommodate expanding enrollments, (2) update certain substandard facilities, and (3) maintain existing buildings at minimum adequacy levels consistent with state standards (the Building Renewal Fund or BRF) in accordance with a statutory funding formula. Eight school districts brought this action, claiming that the legislature failed to fund the BRF to the full extent authorized by the statutory formula for fiscal years 1999, 2000, and 2002. The Court of Appeals held that the legislature’s failure to fully fund the BRF would not rise to the level of a constitutional violation unless the districts could show that their unmet needs for capital repairs and renovations "had an impact on their students’ academic education[.]" The court remanded the case for further proceedings.

In 2004, the plaintiffs substituted three new school districts as plaintiffs, alleging that educational facilities in those districts fail to meet the state’s minimum adequacy standards. The state then filed a motion seeking to limit any relief in the case to those three school districts, and the plaintiffs countered that declaratory relief concerning the constitutionality of the school finance system should be available in the case on behalf of all school districts. The motion was argued on April 7, 2005, but has not been decided. The case is set for trial in October 2006.

Decisions Ruling School Finance Issues Were Non-Justiciable:

None.

Cases Related to State-Funded Preschool:

No cases have decided the issue of state funding for preschool. In a pending case, Crane Elementary School, plaintiffs allege that the state's failure to fund programs to address the special needs of low-income and at-risk students, including high quality preschool programs, violates the state constitution's mandate for a general and uniform system of public schools.

Pending School Finance Cases:

Roosevelt Elem. Sch. Dist. No. 66 v. State, Superior Court of Arizona, Maricopa County, 2005

In 2003, the Arizona Court of Appeals remanded the Roosevelt case, discussed above under "School Finance Cases against Plaintiffs," for further proceedings to allow plaintiffs to offer proof that the state’s failure to fully fund the Building Renewal Fund led to unmet facility repair and renovation needs that affected the academic achievement of students in the plaintiff districts. The case is scheduled for trial in October 2006.

Crane Elementary School District v. State, Arizona Court of Appeals, Division One (November 22, 2006)

Seven low-wealth school districts filed this action in 2001, claiming that the State’s school finance system violates the education clause of the Arizona Constitution because it fails to provide funding for at-risk programs, including preschool education. In November 2003, the trial court granted the State's motion for summary judgment on separation of powers grounds and dismissed the complaint. On appeal the Arizona Court of Appeals, Division One, disagreed with the trial court and found that the constitutional challenge to the school financing scheme was a justiciable issue, but held that the state’s funding formula was not unconstitutionally arbitrary and was not the cause of funding disparities. In holding that the school districts had failed to demonstrate that providing an “adequate educational opportunity” for at-risk students required a different funding formula, the court stated that the legislature was not required "to formulate and fund educational plans designed to overcome disparities that it had no role in creating and are not caused by inadequacies in the educational system." Plaintiffs have appealed the decision to the Arizona Supreme Court.

Statutes, Regulations and Guidance Documents on State Preschool Program

Arizona Revised Statutes (A.R.S.) § 8-1151 et seq., Early Childhood Development and Health Programs

Arizona Revised Statutes (A.R.S.) § 15-1251, State Block Grant for Early Childhood Education

Arizona Administrative Code (A.A.C.) § R7-2-612, Other Teaching Certificates

See also:

Early Childhood Block Grant Policy Manual (2006) (cited below as "Policy Manual")

Arizona Early Learning Standards (2005) (cited below as "Early Learning Standards")

Guidelines for Comprehensive Early Childhood Education Programs, 2nd Edition (2003) (cited below as "Guidelines")

Provisions Expressing State Policy on Preschool:

A.R.S. § 8-1151

A. The people of Arizona find that:

1. Early learning experiences directly impact a child’s long-term educational success. Research shows that that the majority of a child’s brain structure is formed before age three and that the years between birth and kindergarten are when children develop many of their language skills, thought processes, self-confidence, discipline and values.

2. Health, vision and dental screenings that detect children’s health problems early enable them to receive the care they need to grow and thrive.

3. Children entering school who have had high-quality early childhood developmental experiences, inside the home or in other settings of their parents’ choice, are better able to succeed academically and have greater opportunities.

4. All Arizonans benefit from providing early childhood development opportunities for our children. For children, such efforts give them a healthy start and an opportunity to succeed. For parents, the availability and affordability of quality early childhood development programs helps them retain jobs and earn higher incomes. For taxpayers, early development programs save tax dollars by lowering drop-out rates, reducing crime and cutting the cost of social services.

5. All Arizona children should begin school with the skills they need for long-term educational and personal success.

6. For these reasons, the people of Arizona find that providing dedicated funding to improve the quality, accessibility and affordability of early childhood development opportunities in the setting of the parents’ choice should be one of the state’s top priorities.

B. The people of Arizona therefore declare our intent to provide the necessary coordination and funding for early childhood development and health programs in Arizona that will:

1. Work with parents, community leaders, local governments, public and private entities and faith-based groups to improve the quality of and increase access to early childhood development programs in communities throughout the state.

2. Increase access to preventive health programs and health screenings.

3. Offer parents and families support and education about early child development and literacy.

4. Recognize the diversity of Arizona communities and give them a voice in identifying programs to address their particular needs.

5. Provide training and support to early childhood development providers.

6. Be subject to accountability and audit requirements, including requirements that the success of the board and regional partnerships, as well as the programs they undertake and fund, be measured by outcomes for children and families.

Governor’s School Readiness Action Plan (January 22, 2004)

This School Readiness Action Plan is the starting point for building an early childhood education system that supports the learning and development of Arizona's youngest children. Our goal as a state must be to ensure that all Arizona children begin school safe, healthy and ready to succeed, and that all parents know their children are given the best opportunity to do so.

Many of Arizona's children spend 35 to 40 hours per week in out-of-home care. The quality, accessibility and affordability of that care should be one of Arizona's top priorities. Current research tells us that young children are much more likely to succeed in school if they attend high quality, well-planned early childhood programs. This is especially true for young children who are placed at risk of not succeeding in school because they live in poverty, have parents who lack education, and face other circumstances that deny them the experiences and opportunities that nurture and foster their development and learning. The achievement gap begins long before some children enter school, resulting in low reading scores, increased special education placements, and increased high school dropout rates. …

[Recommendation] 9. Phase-in High Quality State-Supported Preschool.

Research on brain development scientifically demonstrates how important the first years of life are to a child’s later development and readiness for school. High quality state-supported preschool should be phased-in statewide, beginning with children in communities with high levels of poverty. This should build on current efforts by enhancing quality through additional resources and technical assistance and by using the Early Childhood Block Grant (ECBG).

Action 9.1: Expand the quality and supply of high quality preschools by redirecting the Early Childhood Block Grant to preschool and early literacy programs. The $19.4 million Early Childhood Block Grant supports preschool, full-day kindergarten and K-3 supplements. As the State phases in full-day voluntary kindergarten, Early Childhood Block Grant (ECBG) funds allocated for full-day kindergarten can be focused on effective preschool and early literacy programs.

Eligibility Criteria for State Preschool Program:

A.R.S. § 15-1251(C)(1). Restrict the preschool program only to preschool children eligible for free or reduced price lunches under the national school lunch and child nutrition acts.

A.R.S. § 8-1152(2) "Early childhood development and health programs" means programs and services provided to children prior to kindergarten and their families for the purpose of assisting child development by providing education and other support, including parent and family support programs, child care, preschool, health screenings and access to preventive health services.

A.R.S. § 8-1185(B)

Of the monies in the program account used to fund approved regional plans in a fiscal year, thirty-five percent must be provided to fund regional plans based on the population of children aged five and younger in the region. Forty percent must be provided to fund regional plans based on the population of children aged five and younger in the region whose family income does not exceed one hundred percent of the federal poverty guidelines as defined by section 46-801(9). The remaining twenty-five percent may be used to fund regional programs without consideration of regional population. …

Policy Manual

Preschool children eligible for free or reduced lunches under the National School Lunch and Child Nutrition Acts are eligible to enroll in an ECBG preschool program. …

  • Preschool children include all children who are not yet eligible for kindergarten as determined by the LEA.
  • Additional eligibility criteria of a preschool aged child for an ECBG preschool program may be established by the LEA.
  • If funds are limited, priority should be given to children who will be eligible to enter kindergarten, as determined by the LEA, the school year following enrollment in the ECBG preschool program.
  • ECBG funding should provide the opportunity to participate in a preschool program to as many children as possible.
  • Children who are identified as needing special education services and funded by IDEA 619 are eligible for placement in a blended funding ECBG classroom on their third birthday.

Program Length/Duration:

Guidelines § 1.3.6. The early childhood program will operate for a minimum of 12 hours per week.

Scope of State’s Responsibility to Provide Preschool:

A.R.S. § 15-1251(A). The state block grant for early childhood education program is established in the state board of education. The purpose of the program is to promote improved pupil achievement by providing flexible supplemental funding for early childhood programs, including preschool programs for economically disadvantaged children, and programs that serve all public school pupils statewide who are in kindergarten programs and grades one, two and three.

A.R.S. § 8-1171

Programs undertaken by the [Early Childhood Development and Health] board and the regional partnership councils, either directly or through the award of grants, shall accomplish one or more of the following objectives:

1. Improving the quality of early childhood development and health programs.

2. Increasing access to quality early childhood development and health programs.

… 5. Providing professional development and training for early childhood development and health providers.

6. Increasing coordination of early childhood development and health programs and public information about the importance of early childhood development and health.

Scope of State's Responsibility to Fund Preschool:

A.R.S. § 15-1251(B). Funding for the [state block grant for early childhood education] program for each fiscal year shall be allocated based on the number of pupils in kindergarten programs and grades one, two and three in each charter school or school district who were eligible for free lunches during the prior fiscal year under the national school lunch and child nutrition acts (42 United States Code sections 1751 through 1785). Any charter school or school district that did not determine for the prior fiscal year if its pupils in kindergarten programs and grades one, two and three were eligible for free lunches under the national school lunch and child nutrition acts shall receive funding for the program in the current fiscal year based on the number of its pupils in kindergarten programs and grades one, two and three who would have been eligible for free lunches in the prior fiscal year according to the statewide kindergarten programs and grades one, two and three eligibility average for all school districts and charter schools collectively for the prior fiscal year. Notwithstanding this section, a school district or charter school with an average daily membership of more than six hundred pupils in kindergarten programs and grades one, two and three in the prior fiscal year shall have participated in the national school lunch and child nutrition acts free lunches program in the prior fiscal year to be eligible for program funding in the current fiscal year.

Policy Manual

  • If funds are limited, priority should be given to children who will be eligible to enter kindergarten, as determined by the LEA, the school year following enrollment in the ECBG preschool program.
  • ECBG funding should provide the opportunity to participate in a preschool program to as many children as possible. …
  • For optimum impact, eligible children should be enrolled in the ECBG preschool education program for one school year. In order to maintain capacity, LEAs will access waiting lists should enrollment changes occur.

Source of Funding for Preschool Program:

Arizona Laws Chapter 344 (2006), House Bill 2863 [Appropriations for State Institutions & Public Schools]

Sec. 11. State Board of Education and Superintendent of Public Instruction [FY 2006-07]: …

State block grant for early childhood education $19,424,600 …

Fund sources: State general fund …

Policy Manual

Collaboration

… LEAs may combine ECBG funds with federal program funds (e.g., Title 1, Head Start, Even Start, and Special Education Preschool) and /or other state program funds (e.g., Family Literacy, other LEA funds) and /or collaborate with other programs to provide quality preschool education programs and services to eligible children.

A.R.S. § 8-1161(H)

Each regional partnership council may solicit private funds from individuals, corporations and foundations to support its efforts to improve the quality of and access to early childhood development and health programs in its region. …

A.R.S. § 8-1181

A. The early childhood development and health fund is established consisting of funds transferred pursuant to subsection D; federal, state, local and private funds accepted by the board pursuant to 8-1182; and any monies appropriated to the board by the legislature. The board shall administer the fund. …

A.R.S. § 8-1182

A. The board may accept and spend federal, state and local monies and private grants, gifts, contributions and devises to assist in carrying out the purposes of this chapter. …

A.R.S. § 8-1183

Program and grant funds distributed under this chapter and other expenditures by the board pursuant to section 8-1192 shall supplement, not supplant, other state expenditures on, and federal monies received for, early childhood development and health programs. This section shall not prohibit the legislature from appropriating money to board programs or vesting the board with authority to spend additional, legislatively appropriated funds on early childhood development and health programs.

A.R.S. § 8-1185

A. Of the monies expended in a fiscal year from the program account of the early childhood development and health fund established by section 8-1181, no more than ten percent may be used to fund statewide grants or programs undertaken directly by the board pursuant to section 8-1192.

B. Of the monies in the program account used to fund approved regional plans in a fiscal year, thirty-five percent must be provided to fund regional plans based on the population of children aged five and younger in the region. Forty percent must be provided to fund regional plans based on the population of children aged five and younger in the region whose family income does not exceed one hundred percent of the federal poverty guidelines as defined by section 46-801(9). The remaining twenty-five percent may be used to fund regional programs without consideration of regional population. …

A.R.S. § 42-3371

In addition to all other taxes, there is levied and shall be collected by the department in the manner provided by this chapter, on all cigarettes, cigars, smoking tobacco, plug tobacco, snuff and other forms of tobacco the following tax:

1. On each cigarette, four cents. …

A.R.S. § 42-3372

Notwithstanding section 42-3102, the department shall deposit, pursuant to sections 35-146 and 35-147, monies levied and collected pursuant to this article in the early childhood development and education fund established by section 8-1181 for use as prescribed by title 8, chapter 13.

Scope of Child's Right to Attend Preschool:

None.

Curriculum Content Standards for Preschool Program:

Guidelines

2.1. Each program has a developmentally appropriate curriculum to support the development of the whole child.

2.2. All children have daily opportunities to learn through child-initiated and teacher-directed experiences that match the needs, interests and developmental levels of the child.

2.3. Children are encouraged to inquire about their environment, reflect on their experiences, and develop communication skills. Staff actively seeks meaningful, extended conversations with children.

2.4. On a daily basis, the program immerses children in a wide range of communicative and literacy experiences that promote cognitive development and encourage children to express thoughts and feelings.

2.5. Children’s curiosity and natural inclination to investigate and solve problems is nurtured and stimulated through a daily balance of developmentally appropriate and independent experiences in mathematics, science and social studies.

2.6. Children’s natural inclination to be creative is nurtured and stimulated through a daily balance of developmentally appropriate and independent experiences in movement, music and the arts.

2.7. The early education environment offers children the opportunities to show initiative, act independently and make choices.

2.8. The early education environment evolves from children’s needs, interests and experiences; facilitates their independence, exploration and discovery; and reflects their ideas, accomplishments and products.

2.9. Children’s health and safety are ensured throughout each program day.

Early Learning Standards

The Arizona Early Learning Standards are:

  • A framework that provides an essential first step for designing and/or choosing an effective, high-quality preschool curricula …
  • Common, agreed upon goals and outcomes for teaching and learning …
  • A framework that links content and curriculum, professional development and assessment tools to ensure age-appropriate activities, goals and performance outcomes for three to five year old children …
  • A tool to assist parents, caregivers and teachers in creating meaningful and appropriate learning experiences for preschool children

Sample:

Strand 4: Geometry and Measurement

Concept 1. Spatial Relationships and Geometry

The child demonstrates an understanding of spatial relationships and recognizes attributes of common shapes. …

Indicators:

a. Demonstrates understanding of positional terms (e.g., between, inside, under, behind). …

Examples in the Context of Daily Routines, Activities, and Play:

  • Child is asked to stand next to Javier and moves next to him.
  • Child follows the direction, "Put your milk on the table."

Policy Manual

Curriculum

ECBG funds may be used to purchase materials, supplies, or services that promote student achievement. Curriculum materials, supplies and assessments must align with the Arizona Early Learning Standards or the Arizona Academic K-3 Standards, and be consistent with developmentally appropriate practices. The materials and supplies should meet the needs and enhance the strengths of children with varying levels of maturity and ability. The materials and supplies should include but are not limited to multicultural items as appropriate for the community. Materials, supplies, and services should promote learning in all domains and encourage children to be actively involved in the learning process.

Teacher Certification/Qualification Standards for Preschool Program:

A.A.C. § R7-2-612(I). Provisional Early Childhood Education Certificate–birth through age eight

1. By July 1, 2009, either a provisional or a standard early childhood education certificate shall be required for individuals teaching in public school early childhood education programs, except as provided in R7-2-610 [special education] or in R7-2-613(L). For individuals teaching in grades 1–3, this certificate is optional, but recommended.

2. … Public school early childhood education programs include, but are not limited to, half day and full day kindergarten programs, Early Childhood Block Grant programs pursuant to A.R.S. § 15-1251, Family Literacy Programs for preschool children pursuant to A.R.S. § 15-191.01, and public school-administered early childhood education programs funded in whole or part with federal funds, such as the Head Start or Even Start programs, provided nothing in these rules conflicts with the terms of the federal grant.

…4. The requirements are:

a. A Bachelor's degree; and

b. One of the following:

i. Completion of a teacher preparation program in early childhood education from an accredited institution or a teacher preparation program approved by the Board; or

ii. Early childhood education coursework and practicum experience which teaches the knowledge and skills described in R7-2-602 …; or

iii. A valid early childhood education certificate from another state.

c. A valid Fingerprint Clearance Card issued by Arizona DPS; and

d. A passing score on the professional knowledge portion of the Arizona Educator Proficiency Assessment once that portion of the AEPA is adopted by the Board; and

e. A passing score on the early childhood subject knowledge portion of the Arizona Educator Proficiency Assessment once that portion of the AEPA is adopted by the Board.

A.A.C. § R7-2-612(J). Standard Early Childhood Education Certificate–birth through age eight

1. By July 1, 2009, either a provisional or a standard early childhood education certificate shall be required for individuals teaching in public school early childhood education programs, except as provided in R7-2-610 or in R7-2-613(L). For individuals teaching in grades 1–3, this certificate is optional, but recommended.

2. This certificate is valid for six years.

3. The requirements are:

a. Qualification for the Provisional Early Childhood Education Certificate, except as provided in R7-2-612(J)(4); and

b. Two years of verified teaching experience with children birth through age eight or grade three in a school-based education program or center-based program licensed by the Department of Health Services or regulated by tribal or military authorities.

4. An individual may also qualify for a standard Early Childhood Education Certificate if the individual:

a. Holds current National Board Certification in Early Childhood; and

b. Holds a valid fingerprint Clearance Card issued by DPS.

A.A.C. § R7-2-613(L). Early Childhood Education Endorsement birth through age eight

1. An early childhood endorsement is optional, but recommended for individuals teaching in public school early childhood education programs who are not otherwise certified in early childhood education. When combined with an Arizona elementary education teaching certificate or an Arizona special education teaching certificate, it may be used in lieu of a standard early childhood education certificate as described in R7-2-612(I). …

Guidelines

1.2. The early education program is supervised, administered, and implemented by qualified early childhood personnel….

1.2.2. Teacher Qualifications:

1. Bachelor’s degree in early childhood education/child development and one year teaching experience with young children; or an Associates degree in early childhood education/child development, or specialized education related to early childhood (e.g., developmental psychology, early childhood education, early childhood special education) and two years teaching experience with young children.

2. An ability to work successfully with families, organizations, and agencies representing the diverse cultures and lifestyles in the community served.

3. Active and on-going participation in a professional development plan designed to meet the above-mentioned criteria if the teacher is employed prior to attaining the minimum qualifications for the position.

1.2.3. Assistant Teacher Qualifications:

1. An Associate’s degree in early childhood education/child development; or a Child Development Associate (CDA) credential in early childhood education/child development; or a college certificate in early childhood education/child development; and six months experience working with young children.

2. An ability to work successfully with the children and families in the community served.

3. Active and on-going participation in a professional development plan designed to meet the above-mentioned criteria if the assistant teacher is employed prior to attaining the minimum qualifications for the position.

Policy Manual

Staff Development and Retention

  • ECBG funds may be used for staff orientation, training and development.
  • Funds may be used for staff meetings and collaborative program planning, including staff team meetings to address the needs of individual children. …

Early Childhood Certification and Endorsement

By July 1, 2009, either a provisional or a standard early childhood education certificate or endorsement will be required for individuals teaching in public school early childhood education programs. This applies to any program receiving ECBG funds, including all federal and private preschool programs. …

Other Quality Standards for Preschool Program:

Guidelines

1.3.3. No more than 20 children are enrolled per class, with a maximum of 10 four- or five-year-old children per staff member and a maximum of 7 three-year-old children per staff member (or the appropriate ratio of adults to children as recommended by national accrediting organizations).

4.1. There is two-way communication between staff and families on a regular basis throughout the program cycle.

4.2. Families have opportunities for experiences that lead to enhancing the development of skills, self-confidence, and a sense of independence while fostering an environment in which their children can develop to their full potential.

4.3. Parents are involved in the process of making decisions about the nature and operations of the early education program.

5.1. The program provides professional development opportunities for the early education program staff to strengthen their competencies in planning and implementing appropriate and effective educational programs for young children.

5.1.9. National accreditation by one of the State Board of Education approved accrediting bodies is required for early education programs receiving state funding. …

7.1. The early education program supports comprehensive programs that meet the needs of children and families in the community.

8.1. The program will assess and meet children’s health care needs.

8.2. The parent education portion of the program will include a health care component.

9.1. A variety of nutritious, appealing and high-quality meals and snacks are provided each day.

10.1. Assist the family efforts to enhance the condition and quality of life….

Policy Manual

Licensing and Accreditation

Each preschool site/program listed on an ECBG Application must be licensed by Arizona DHS and accredited (or in the process of accreditation) to receive ECBG funds. Accreditation must be with one of the national accreditation organizations approved by the Arizona State Board of Education. …

  • All classroom sites must be licensed by DHS prior to enrollment of children.
  • Preschool sites that did not receive ECBG funds in a prior fiscal year must become fully accredited within 18 months of the first month that they receive funding.…

Comprehensive Services

ECBG funds may be used to provide comprehensive services to enrolled children in the following areas:

  • Snacks to children enrolled in the program: Programs should first investigate the feasibility of providing meals and snacks with federal Child and Adult Care Food Program (CACFP) funds.…
  • Transportation: Funds may be used to provide children enrolled in the program transportation to/from the school/ program site …
  • Family Services: Collaboration with educational agencies, social service agencies, health care agencies, and transportation as well as parent educational experiences. …

Direct Services to Individual Children

ECBG funds must support direct services to individual children enrolled in an established program.

  • Parent participation/education—Funds may be expended to provide parent education, a parent liaison, and/or home educational visits for individual children who are enrolled in an established program. Funds may also be expended to provide parents information about the program, to support their participation in the program, and to provide parents with detailed information about their children on an individual basis.
  • Preschool—Funds may be expended to provide supplemental educational services to individual children outside the regular school year or school hours if the child was or will be enrolled in the established preschool program, during the previous or subsequent school year (e.g., a kindergarten transition for parents and children the summer prior to the children’s entry into kindergarten). …

Delivery of Preschool Services:

A.R.S. § 15-1251(C). A school district or charter school that devotes part or all of its [block grant for early childhood education] program funding to preschool programs shall comply with all of the following requirements:

… 2. Allow participating pupils to receive preschool services only from a public, federally funded or private child care provider, each of which shall be licensed by the department of health services and each of which, beginning in fiscal year 1999-2000, also shall be accredited by a state board of education approved organization that provides accreditation for preschool programs.

… 4. Provide all parents or guardians of children selected for the program with a list of licensed federally funded or private child care providers located within the school district or within ten miles of the charter school and explain to parents or guardians that they may choose to have their child receive services under the program from any provider on the list if that provider agrees to participate.

5. Allow at least fifty per cent of pupils selected for the program to receive preschool services from a federally funded or private child care provider of their parent's or guardian's own choosing.

6. Allow any eligible child care provider located within the school district or within ten miles of the charter school to participate in the program if it is willing to provide services at a unit cost similar to that paid to other providers in the area under the program.

Policy Manual

Collaboration

ECBG funds may be used to establish and maintain a quality preschool education program on the LEA’s campus or to fund placement for eligible children at quality preschool programs of the parent’s choice.

LEAs may combine ECBG funds with federal program funds (e.g., Title 1, Head Start, Even Start, and Special Education Preschool) and /or other state program funds (e.g., Family Literacy, other LEA funds) and /or collaborate with other programs to provide quality preschool education programs and services to eligible children.

Contracting With Federally Funded and Private Child Care Providers

An LEA must contract with federally funded and private child care providers located within the school district to provide a quality, developmentally appropriate preschool program for income eligible children, if families so choose.

Eligible federal and private providers are:

  • Licensed by the Arizona Department of Health Services (DHS)
  • Nationally accredited by a State Board of Education approved organization. If a provider is not accredited and has never received ECBG funds, that provider is eligible if that program agrees to and is able to attain national accreditation within 18 months.

The LEA must notify and inform all eligible federal and private preschool providers within the school district of the opportunity to participate as a provider in the ECBG program.

Parent Choice Notification

All parents must be given the opportunity to choose a program for their children from a list of eligible programs within the LEA boundaries. …

Guidelines

7.1.2. Programs collaborate with extended care and education service providers to ensure smooth transitions for children.

7.1.4. The program collaborates with other agencies and organizations in examining family needs for childcare and early education programs. Plans for expansion of the early childhood community take existing providers and services into consideration.

10.1.7. Collaboration with existing community resources establishes linkages that allow for the provision of social services at the program site or a nearby location.

11.1. The program is supported by collaborative relationships within the community.

11.1.1. Program procedures provide opportunities for the exchange of ideas among parents, early care and education providers, community leaders, school and district personnel, family literacy educators, special educators, and social service agency representatives.

11.1.2. The early education program will be integrated into the activities and procedures of the neighborhood school and district.

11.1.3. Early education and kindergarten programs will collaborate to provide opportunities for the smooth transition of children and families between programs.

A.R.S. § 8-1161(D)(1)

A regional funding plan may include programs and services to be conducted by the council directly as well as programs and services to be provided by private, public, governmental and faith-based organizations through funding grants.

Requirements for Student Assessment and Program Evaluation:

A.R.S. § 15-1251(D). The legislative council shall conduct a programmatic evaluation of the state block grant for early childhood education program every three years. For this evaluation, the staff of legislative council shall develop outcome measures to indicate the effectiveness of the early childhood education program. The department of education shall assist the staff of legislative council in collecting any information necessary to complete the evaluation

Policy Manual

Child Outcomes

Appropriate assessments of children provide valuable information which allows for instructional planning, program planning and implementation, identification of children with special needs, program evaluation/accountability, and communicating with parents. ECBG programs are encouraged to use multiple methods of assessing children’s progress throughout the school year. Assessment should be on-going, and provide information about children’s progress in all domains of development.

Required assessment information and procedures for assessing ECBG preschool children can be found on the Early Childhood Education website, www.ade.az.gov/earlychildhood/. Information will be provided annually to LEAs regarding the details of ECBG pre and post assessments, guidelines, and reporting. …

Program Self-Assessment (ECQUIP)

The ECQUIP project [Early Childhood Quality Improvement Practices] is a self-assessment process intended to provide Arizona programs working with young children a framework for evaluating program effectiveness and designing strategies for continuous quality improvement. All programs administered through the Early Childhood Education section of the Arizona Department of Education are required to participate in ECQUIP. Early Childhood Block Grant programs participate in ECQUIP in cooperation with other district or school programs also administered through the Early Childhood Education section. For more information related to ECQUIP and the process, visit the Early Childhood website at www.ade.az.gov/earlychildhood. …

ECQUIP Monitoring

Monitoring of LEAs and ECBG program sites is a proactive approach to ensuring the ECBG programs are following guidelines and providing high quality and comprehensive educational programs that promote improved student achievement.

Monitoring visits are pre-scheduled by ADE Early Childhood Education staff with the LEA or program/site to be visited. On-site monitoring of preschool, full-day kindergarten, and K-3 programs may include:

  • Classroom visitation
  • Interviews with program teachers and administrators
  • Review of children’s academic records such as portfolios/work samples and teacher anecdotal observation notes
  • Review of program compliance information such as program goals, policy statements, parent handbook, curriculum, and lesson plans
  • Review of program documentation as appropriate for ECBG guidelines and requirements such as ECQUIP results, documentation of family income, parent choice in program selection, DHS licensure, national accreditation information, and collaboration documentation

ECQUIP visits will conclude with ADE staff meeting with the program administrator(s) or program staff to discuss observations and to provide technical assistance if needed.

ECBG Year-end Program Documentation

In addition to the self-assessment process and the on site monitoring (ECQUIP), programs receiving ECBG funds may be requested to submit program documentation for the appropriate fiscal year such as child outcomes, program outcomes, goals/objectives accomplished as a result of ECBG funding, curriculum alignment with Arizona State Standards, documentation of the ECQUIP process, as well as plans for program improvement. …

Preschools receiving ECBG funds will be required to accurately complete and submit program documentation for the appropriate fiscal year …

State Program Evaluation

The Arizona State Legislative Council conducts a programmatic evaluation of ECBG every three years [A.R.S. 15-1251 (D)]. ADE Early Childhood Education Office will function as a liaison between LEAs and the Legislative Council, and will work with the Legislative Council to obtain necessary documentation for the program evaluation so that a minimum of LEA program administrator and teacher time is required. LEAs will receive a summary of the Legislative Council report when it is completed.

Guidelines

6.1. The provider evaluates its early education program on an ongoing basis and uses the results to acknowledge its strengths and address its challenges.

12.1. Children’s growth in all developmental areas is routinely assessed. Appropriate assessments of children are used for planning and implementation, communication with parents, identification of children with special needs, and program evaluation and accountability.

12.1.7. Assessments are administered by appropriately trained professionals. If standardized assessments are used, they should be valid and reliable in terms of the background characteristics of the child being tested and the test’s intended purposes.

12.2. Developmentally appropriate assessment is an on-going process.

12.2.1. Developmentally appropriate child assessments may include:

  • interviews;
  • observations;
  • anecdotal note taking;
  • portfolios;
  • checklists;
  • parent information;
  • time samples;
  • documentation panels; and
  • appropriate standardized tools (this includes tools that have been determined by the program to be valid and reliable for the background characteristics of the child/children to be tested, that provide developmental information specific the area of concern, and that measure what the test is intended to measure).

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