State Preschool Program

Overview

The District offers prekindergarten to all four-year-olds through its public school system. It also serves some three-year-olds primarily through Head Start programs operated within the public schools. The preschool program coincides with the school day and school year. According to the National Institute for Early Education Research [NIEER], 5,743 children, 56% of all four-year-olds, were enrolled in the District’s preschool program in 2005-2006 at a cost of approximately $47.8 million, which includes $11.9 million in Head Start funds.

The District clearly recognizes the benefit of preschool education since it is offered in public schools city-wide. In a report from a commission formed to address school-wide reform, the importance of high-quality early childhood programs was noted and data on the rate of return on investing in preschool programs was cited. The report concluded "improving quality and expanding access until all three-and four-year-olds are served by quality, full-day, full-year programs must remain the District's top priority."

All four-year-olds are eligible for prekindergarten through their local school, without regard to income. Three-year-olds may attend a preschool program if one is offered in their local school, or may apply for an-out-of-zone placement in another school district. Income criteria apply only to Head Start programs that are also offered by some public schools.

Although it is not required by code to meet the six-hour per day instructional requirement applicable to other public school grades, the prekindergarten program does in practice operate on a full school day, school year basis.

The program is funded through the school funding formula on a per pupil basis. Appropriations are made by the District of Columbia Public Schools, which serves as both the local and state education agency.

In a national survey of quality standards, the National Institute for Early Education Research (NIEER) gave the District a rating of eight out of ten. The District meets NIEER’s standard for teacher qualification because it requires a bachelor’s degree and early childhood certification. The degree requirement for assistant teachers—an associate’s degree or equivalent college study—also meets the NIEER benchmark. The District has Early Learning Standards and Curriculum Content Standards for prekindergarten. The public school Head Start programs must meet Head Start standards, but the non-Head Start prekindergartens are governed by general elementary standards, which are not issued in regulations or guidelines. The District met NIEER’s standards for staff-ratio, class size and screenings/referrals based on the Head Start performance standards. However, these Head Start performance standards apply only to the Head Start programs run through the public schools and are not applicable to the entire prekindergarten program.

All prekindergarten programs are provided through the public schools.

There are no specific requirements for evaluation of the prekindergarten program. However, there are general provisions for the public school system to evaluate the instructional program and student achievement. As part of this evaluation, all kindergarteners are assessed in the beginning of the school year.

The District of Columbia ratified a constitution in 1982, but Congress has not approved it. The 1982 constitution provides that "the State shall provide for the establishment, financing, and control of a uniform, high-quality, statewide system of free public primary and secondary schools, including specialized schools, for all residents." It also states, "The State shall guarantee equality of educational opportunity in public educational institutions to all residents."

Since there is not a binding state constitution, any claims would have to be brought under the federal constitution. No school finance cases have been brought in the District.

Summary of Case Law on Preschool

No cases have been brought addressing preschool.

Constitutional Provisions on Public Education

None. The District of Columbia is not a state and does not have a state constitution. In 1981, the District held a statehood constitutional convention and subsequently drafted a Constitution. The following provisions are from the "Constitution for the State of New Columbia," which has not been approved by Congress.

Article VI, Section 1.
B) Equal Educational Opportunity The State shall guarantee equality of educational opportunity in public educational institutions to all residents regardless of race, sex, religion, color, national origin, citizenship, condition of disability, and other individual characteristics. The State may be sued for default of this guarantee.

Article VI, Section 2.
The State shall provide for the establishment, financing, and control of a uniform, high-quality, statewide system of free public primary and secondary schools, including specialized schools, for all residents. Education to standards established by the State Board of Education shall be compulsory for all residents between the ages of 6 and 18…

There have been no cases addressing this issue.

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District of Columbia Code (D.C. Code) § 38-2807, District of Columbia public school funding

D.C. Act 14-402, Appropriations

District of Columbia Municipal Regulations (D.C. Mun. Regs.) Title 5 § 300 et seq., General Educational Policy

District of Columbia Municipal Regulations (D.C. Mun. Regs.) Title 5 § 2400, Eligibility and Enrollment

Report of the Commission on Primary Education Reform (cited as Education Reform Report)

Early Learning Standards for Children Entering Kindergarten in the District of Columbia

English Language Arts Pre-K Standards

Math Pre-K Standards (cited below as Pre-K Math Standards)

The long-term economic health of the District of Columbia depends on the quality and availability of an early educational opportunity for all children. Quality early education has been demonstrated in longitudinal studies to increase high school graduation rates, decrease teen childbearing, and reduce the rate of incarceration among disadvantaged children. The rate of return on investment in an early childhood education program is seven dollars for every dollar spent according to the Cost, Quality and Outcomes study. . . . Improving quality and expanding access until all three-and four-year-olds are served by quality, full-day, full-year programs must remain the District's top priority.

§ 2004.1 A student who is at least three (3) years of age is eligible for admission to the pre-school program, when pre-school programs are available in the D.C. Public Schools.

§ 2004.2 A student who is or will become four (4) years of age on or before December 31st of the 2006-2007 or 2007-2008 school year and September 30th in all subsequent school years shall be eligible for the pre-kindergarten program. A student who is or will become four (4) years of age between September 30 and December 31 during the 2006-2007 or 2007-2008 school year will have a choice between the old cut-off date of December 31 or the new cut-off date of September 30.

§ 2004.3 A student who is or will become five (5) years of age on or before December 31st of the the 2006-2007 school year and September 30th in all subsequent school years shall be eligible for admission to the kindergarten program.

§ 2004.4 Where appropriate pre-school, pre-kindergarten, or kindergarten programs are not available in the attendance zone within which a student resides, the student shall be eligible for out-of-zone admission to a school where the program the student wishes to attend is available, if any, and may apply for admission through the appropriate regional office. No lower priority for admission shall be applied to students who seek admission out-of-zone pursuant to this subsection.

Program Length/Duration:

5 D.C. Mun. Regs. § 305.8. Each regular instructional day shall be at least six (6) hours in length for students, inclusive of time allotted for lunch periods, recesses, and class breaks; provided, that the six-hour minimum instructional day requirement shall not be applicable to the evening school program, the prekindergarten program, or the kindergarten program.

See D.C. Pre-kindergarten website.

"DCPS is one of the few school districts in the country with regular all-day classes for three and four year olds in every building as well as all-day kindergarten. "

Scope of State’s Responsibility to Provide Preschool:

5 D.C. Mun. Regs. § 300.1. The public schools of the District of Columbia shall provide a viable and comprehensive system of free, publicly supported education for students from prekindergarten through high school.

Scope of State's Responsibility to Fund Preschool:

D.C. Code § 38-2807. The District of Columbia Public Schools should fully fund pre-kindergarten. . . .

D.C. Code § 38-2904. The student counts at certain grade levels and in certain programs shall be weighted to provide an amount per student differing from the basic foundation level in accordance with the following schedule:

Grade level                               Weighting                Per pupil allocation in FY 2007

Pre-School                                  1.16                                     $ 9,282.39

Pre-Kindergarten                       1.16                                     $ 9,282.39

D.C. Act 14-402. Provided further, That $2,000,000 shall be for the establishment of an Office of Early Childhood Education.

Source of Funding for Preschool Program:

D.C. Code § 38-2902. Applicability Formula

(b) The Formula shall apply only to operating budget appropriations from the District of Columbia General Fund for DCPS and for Public Charter Schools. It shall not apply to funds from federal or other revenue sources, or to funds appropriated to other agencies and funds of the District government.

   § 2004.1 A student who is at least three (3) years of age is eligible for admission to the pre-school program, when pre-school programs are available in the D.C. Public Schools.

   § 2004.2 A student who is or will become four (4) years of age on or before December 31st of the 2006-2007 or 2007-2008 school year and September 30th in all subsequent school years shall be eligible for the pre-kindergarten program. ...

5 D.C. Mun. Regs. § 300.1. The public schools of the District of Columbia shall provide a viable and comprehensive system of free, publicly supported education for students from prekindergarten through high school.

Early Learning Standards

The Early Learning Standards for Children Entering Kindergarten in the District of Columbia define what children should know and be able to do when they enter kindergarten. The Standards apply to all settings whether children are being cared for in a community-based early care and education program, family child care, public or private pre-kindergarten, or Head Start program. They apply to all children—English language learners, children with disabilities, and children who are developing typically, recognizing that children may meet the Standards at different times and in different ways. The primary purpose of the Early Learning Standards is to ensure that children in the District of Columbia have the kinds of rich and robust early experiences that prepare them for success in school and for lifelong learning. …

Pre-K Math Standards

Sample:

Strand: Number Sense and Operations

PK.NSO-N.1. Use one-to-one correspondence (Examples: Student sees 4 children at a table and gives each child 1 cup. Student touches each doll as she counts how many are in the cradle).

Strand: Patterns, Relations, and Algebra

PK.PRA.1. Sort and classify objects by more than one attribute – color, shape, size, number, etc. (Examples: Student sorts play dough cookies by size, color, or shape. Student sorts a collection of buttons into those with 1- 4 holes).

Curriculum standards in other subject areas, including Music, Science, Social Studies, and Physical Education, are available via the D.C. Public Schools Curriculum Department.

5 D.C. Mun. Regs. § 2300.1     The Superintendent of Schools shall be responsible for the development and implementation of a curriculum for the D.C. Public Schools that is designed to promote the attainment of the knowledge, competencies, and skills which will enable each student to function as a useful citizen.

5 D.C. Mun. Regs. § 2300.2     In developing and implementing a competency-based curriculum, the Superintendent of Schools shall be responsible for the establishment of instructional program priorities through a continuous process of assessment and evaluation of the educational needs of the students of the Public Schools.

   All persons who desire a teaching certificate from the District of Columbia shall satisfy the following requirements:

     (a)     A Bachelor’s Degree from an accredited institution;

     (b)     Completion of appropriate tests as mandated by the Board of Education; and

     (c)     A minimum of forty-eight (48) semester hours in a program of general or liberal education

5 D.C. Mun. Regs. § 1602.1     In addition to the general education requirements, for certification in early childhood education, the following shall be required…[30 hrs. early childhood coursework, field work and student teaching].

Other Quality Standards for Preschool Program:

There are no separate standards for the prekindergarten program. The public school Head Start programs must meet Head Start standards, but the non-Head Start programs are governed by general elementary standards that are not issued in regulations or guidelines.

Delivery of Preschool Services:

No provisions.

5 D.C. Mun. Regs. § 215.2   The Superintendent of Schools shall annually develop and submit to the Board of Education for approval goals and objectives and performance measures for the District of Columbia Public Schools …

5 D.C. Mun. Regs. § 215.3   The Superintendent shall submit a performance report, no later than the first Friday in September of each school year, on the level of achievement of the performance goals and objectives for the District of Columbia Public Schools …

5 D.C. Mun. Regs. § 2310.1    As an element in the ongoing assessment and evaluation of the instructional program and student achievement, the Superintendent shall establish and implement a city-wide testing program, which shall be approved annually by the Board of Education.

5 D.C. Mun. Regs. § 2310.5   All kindergarten students and all students enrolling in the Public Schools for the first time at the first (1st) grade level shall be assessed at the beginning of the school year.