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

Delaware
 

State Preschool Program

Overview

The Early Childhood Assistance Program (ECAP) is essentially a state-funded extension of the Head Start program. It provides prekindergarten to four-year-olds whose families have income below the federal poverty level. Ten percent of enrollees may have family income exceeding the poverty level if they meet other criteria such as disability or receipt of state assistance, SSI or foster care services. Public or private providers, including Head Start centers, may provide services. Half-day or full-time programs may be offered. According to the National Institute for Early Education Research, Delaware served 843 children in its preschool program during the 2005-2006 school year, with approximately $ 5.3 million in funding.

State Policy

In an Executive Order creating the Early Care and Education Council, the Governor acknowledged the extensive research demonstrating the link between high quality preschool and later success in school. The Governor also stated that Delaware’s policymakers and business and community members are all in agreement on the importance of ensuring that all Delaware’s young children have access to quality early childhood care to assist them in becoming fully prepared for school.

Eligibility Criteria

ECAP serves four-year-olds who are eligible based on a family income below the federal poverty level. Ten percent of of ECAP slots are open to children with disabilities. Regardless of income, ECAP is open to children receiving state assistance, SSI or foster care services. Children above the poverty level may be enrolled where space permits.

Program Length/Duration

Following Head Start guidelines, ECAP programs are required to operate at least four days a week for a minimum of three and one-half hours a day. However, most ECAP programs operate at least four hours a day, five days a week, and some run full-year and/or full-day programs.

Funding

The Delaware preschool program is funded by general appropriations, but there is no state mandate to fully fund services for all eligible children. The Interagency Resource Management Committee is given discretion to allocate grants to local providers. For the 2005-2006 year, funding was approximately $5.3 million.

Quality Standards

In a national survey of quality standards, the National Institute for Early Education Research (NIEER) gave the Delaware preschool program a rating of eight out of ten. The state has adopted comprehensive early learning standards. Further, providers must meet Head Start performance standards, which require health services and screening, family support services, and provision of meals for all children participating in the program. Site visits and monitoring are also required. Delaware does not meet the NIEER goal of requiring a bachelor’s degree for all teachers; it follows Head Start teacher guidelines, which require teachers to possess a minimum of a child development associate credential (CDA). The maximum class size for the program is 20 with a staff-child ratio of 1:10, satisfying the NIEER benchmarks for class size and staffing.

Delivery of Preschool Services

ECAP services may be provided by public or private providers, including, but not limited to, providers administering federal Head Start programs. All providers must meet Head Start performance standards. Providers are required to establish written agreements within the their respective service area with their local Head Start and/or other Early Childhood Initiative contracting provider, as well as the local school district, to address issues including, but not limited to, service area, recruitment, transition of children and families and sharing resources and information.

Requirements for Student Assessment and Program Evaluation

Delaware now implements Delaware Building Blocks, an early childhood accountability system based on pre-entry and annual developmental assessments of infants, toddlers, and preschoolers. Delaware also requires annual reports on the number and percent of preschool age children who are eligible and who are receiving services. An abbreviated evaluation of the program as a whole is included in this annual report with assessments of developmental progress of a random sampling of enrolled children as well as family and community outcomes. A comprehensive monitoring is performed once every three years to assess each provider’s compliance with the Head Start performance standards.

Legal Framework

Education Clause in State Constitution

Delaware’s constitution provides that "the General Assembly shall provide for the establishment and maintenance of a general and efficient system of free public schools… ."

Summary of Case Law on School Finance System

There have not been any school finance cases filed in Delaware.

Summary of Case Law on Preschool

There have not been any cases in Delaware to address the right to preschool.

Constitutional Provisions on Public Education

Del. Const. art X, § 1

The General Assembly shall provide for the establishment and maintenance of a general and efficient system of free public schools, and may require by law that every child, not physically or mentally disabled, shall attend the public school, unless educated by other means.

Del. Const. art X, § 4

No part of the principal or income of the Public School Fund, now or hereafter existing, shall be used for any other purpose than the support of free public schools.

Case Law on the Right to Public Education and Preschool

Is Education a Fundamental Right under the State Constitution?

No determination to this effect.

School Finance Cases in Favor of Plaintiffs:

None.

Standard for a Constitutionally Adequate Education:

None.

School Finance Cases against Plaintiffs:

None.

Decisions Ruling School Finance Issues Were Non-Justiciable:

None.

Cases Related to State-Funded Preschool:

None.

Pending School Finance Cases:

None

Statutes, Regulations and Guidance Documents on State Preschool Program

14 Delaware Code Annotated (Del. C.) § 3001 et seq., Early Childhood Education Program

Head Start Act, 42 U.S.C. § 9801 et seq.

Head Start Regulations, 45 CFR §1305-1306

Executive Order 21, Establishment of Early Child Care and Education Council

See also

Delaware Department of Education, Early Childhood Assistance Programs (cited below as ECAP).

Delaware Department of Education, Early Learning Foundations for School Success (2003) (cited below as Early Learning Foundations).

2007 Interagency Resource Management Committee Annual Report (cited below as IRMC Report).

2002 Head Start and ECAP Outcomes Report (cited below as ECAP Report).

Provisions Expressing State Policy on Preschool:

Executive Order Number Twenty-One
Re: Establishment of Early Care and Education Council

WHEREAS, research demonstrates that the quality of early care has a significant impact on children’s development and their long-term performance in school as stated in the report of the Delaware Commission for Reading Success that "recent research on the brain and children’s early development has shown that the experiences of children during their first five years of life have a lasting impact on their ability to succeed in school and become productive, responsible adults" and that "a child’s early learning and experiences help to determine brain structure, thus shaping their learning, thinking and behavior for the rest of their lives"; . . .

WHEREAS, it is in the best interest of Delaware’s children and families for the private and public sectors to work together collaboratively to ensure that early care and education services in Delaware meet the needs of parents and prepare our young children for success, and that the early childhood investments being made within the state by parents, state agencies, businesses and communities are yielding positive results;

WHEREAS, representatives of Delaware early childhood professionals, policymakers, business and community members reached agreement on critical issues facing Delaware’s early childhood community, and those recommendations are presented in the report: "Early Success: Creating a Quality Early Care and Education System for Delaware’s Children", with the goals of

  • Ensuring that all Delaware’s children are safe while their parents work
  • Ensuring that all Delaware’s young children are fully prepared for school and, as a result, are far more effective students
  • Ensuring equality, continuity, and efficiency in an early care and education system for all Delaware’s young children and their families

I, RUTH ANN MINNER, GOVERNOR OF THE STATE OF DELAWARE, HEREBY ORDER ON THIS 18th DAY OF OCTOBER 2001:

1. The establishment of the Delaware Early Care and Education Council, comprised primarily of private sector members, who shall advise the Interagency Resource Management Committee annually concerning early care and education services in Delaware based on the recommendations of the Early Success Report.

Eligibility Criteria for State Preschool Program:

14 Del. C. § 3001(a) . . . eligible children, which shall include preschool age children who live in poverty . . . .

IRMC Report
For the 2005-06 fiscal year, a total of 843 4-year-old children and their families were funded to receive comprehensive early childhood education services through the Early Childhood Assistance Program.

ECAP Outcomes Report
Services are targeted to children four years of age, living with families with incomes at or below federal poverty levels.

ECAP Website

Eligibility and Enrollment.

  • Children from birth to age 5 with low incomes are eligible for Head Start, Early Head Start, and ECAP services. . . .
  • Children from families receiving public assistance (TANF or SSI) are eligible for Head Start, Early Head Start, and ECAP services regardless of income.
  • Children in foster care are eligible for Head Start, Early Head Start and ECAP services regardless of family income.
  • Ten percent of enrollments are offered to children with disabilities.
  • Children who come from families with slightly higher incomes may participate in Head Start, Early Head Start, and ECAP when space is available. . . .

45 CFR § 1305.4. Age of children and family income eligibility

(b)(1) At least 90 percent of the children who are enrolled in each Head Start program must be from low-income families.

(2) Except as provided in paragraph (b)(3) of this section, up to ten percent of the children who are enrolled may be children from families that exceed the low-income guidelines but who meet the criteria that the program has established for selecting such children and who would benefit from Head Start services.

Program Length/Duration:

IRMC Report

… Head Start/ECAP is a five day a week program for children, with 661 children attending four or fewer hours a day (52%), 443 attending for four to six hours (35%), and 178 for more than six hours (10%). Head Start/ECAP programs operate year round programs, as well as school year programs, with 1044 four year olds participating in the part year programs (81%) and 238 participating in the full year programs (19%).

45 CFR § 1306.32

(b) Center-based program option requirements.

(1) Classes must operate for four or five days per week or some combination of four and five days per week.

(2) Classes must operate for a minimum of three and one-half to a maximum of six hours per day with four hours being optimal.

(3) The annual number of required days of planned class operations (days when children are scheduled to at-tend) is determined by the number of days per week each program operates. Programs that operate for four days per week must provide at least 128 days per year of planned class operations. Programs that operate for five days per week must provide at least 160 days per year of planned class operations.

Scope of State’s Responsibility to Provide Preschool:

14 Del. C. § 3001 (a). The Department of Education shall be authorized to provide early childhood educational services . . . .

Scope of State's Responsibility to Fund Preschool:

14 Del. C. § 3001

(b)…All contracts may be in place for a period not to exceed 3 years; provided that there is sufficient funding contained within the annual appropriations act… .

14 Del. C. § 3002. Early Childhood Advisory Committee

The Family Services Cabinet Council ("FSCC") shall establish an Early Childhood Advisory . . . to assist in: 

(2) Advising the FSCC and IRMC of . . . gaps in the delivery of early childhood educational services to preschool age children who live in poverty.

Source of Funding for Preschool Program:

14 Del. C. § 3001

(a). . . . using such funds as are appropriated by the General Assembly. . . .

... (d) The Interagency Resource Management Committee (IRMC) shall have administrative responsibility for all appropriations made to the Department of Education pursuant to this section. Such administrative responsibility shall include, but not be limited to:

    ... (2) Reviewing, recommending and disbursing grant awards for contracts to qualifying providers to deliver early childhood educational services to preschool-age children who live in poverty; 

Scope of Child's Right to Attend Preschool:

None.

Curriculum Content Standards for Preschool Program:

Delaware has developed early learning standards. To this point, the Department of Education has adopted the Early Learning Foundations for School Success outlining broad developmental benchmarks. The "Foundations" report states that curriculum resources and teaching aids will follow.

Early Learning Foundations for School Success

Sample:

Language Development

Prior to entering kindergarten, parents and programs will provide learning experiences for children that allow them to:

  • Hold a book upright, turn pages from the front of the book to the back, and scan pages
  • Recognize common sounds at the beginning of words
  • Show increasing awareness of print, familiar signs, and labels
  • Use scribbles, symbols, or drawings to express experiences through pictures, dictation, and play
  • Experiment with a variety of writing tools and materials
  • Begin to recognize, name, or identify some letters of the alphabet
  • Recognize their first name in print written with the first letter in upper-case letter, followed by lower case letters

Teacher Certification/Qualification Standards for Preschool Program:

42 U.S.C. § 9843a

(a) CLASSROOM TEACHERS.--

(2) DEGREE REQUIREMENTS.--

(A) IN GENERAL.--The Secretary shall ensure that not later than September 30, 2003, at least 50 percent of all Head Start teachers nationwide in center-based programs have--

(i) an associate, baccalaureate, or advanced degree in early childhood education; or

(ii) an associate, baccalaureate, or advanced degree in a field related to early childhood education, with experience in teaching preschool children.

3) ALTERNATIVE CREDENTIALLING REQUIREMENTS.---The Secretary shall ensure that, for center-based programs, each Head Start classroom that does not have a teacher that meets the requirements of clause (i) or (ii) of paragraph (2)(A) is assigned one teacher who has--

(A) a child development associate (CDA) credential that is appropriate to the age of the children being served in center-based programs; (B) a State-awarded certificate for preschool teachers that meets or exceeds the requirements for a child development associate credential; or

(C) a degree in a field related to early childhood education with experience in teaching preschool children and a State-awarded certificate to teach in a preschool program.

Other Quality Standards for Preschool Program:

14 Del. C. § 3001.

(b)…All contracts may be in place for a period not to exceed 3 years; provided that … the contractor adheres to the required Head Start performance standards, which include parental involvement and receipt of acceptable monitoring results which will be completed at least once during the contract period. 

14 Del. C. § 3002.

The Family Services Cabinet Council ("FSCC") shall establish an Early Childhood Advisory Committee composed of equal representation from the Department of Education, the Department of Health and Social Services, the Department of Services for Children, Youth and Their Families, the Governor's Advisory Council for Exceptional Citizens, the Interagency Resource Management Committee and private providers, including Head Start providers to assist in:

   (1) Recommending guidelines and evaluation procedures to be utilized by the Department of Education and the IRMC in awarding contracts for the provision of early childhood educational services to preschool age children who live in poverty, which guidelines and evaluation procedures shall be consistent with existing Head Start criteria; ...

45 CFR § 1304. Head Start Performance Standards

Includes standards with regard to:

1304.20 - Child health and developmental services

1304.21 - Education and early childhood development

1304.22 - Child health and safety

1304.23 - Child nutrition

1304.24 - Child mental health

1304.40 - Family partnerships

1304.41 - Community partnerships

1304.50 - Program governance

1304.51 - Management systems and procedures

1304.52 - Human resources management

1304.53 - Facilities, materials, and equipment

1304.60 - Deficiencies and quality improvement plans

1304.61 - Noncompliance

45 CFR § 1306.32

(a)(1) Head Start classes must be staffed by a teacher and an aide or two teachers and, whenever possible, a volunteer.

... (12) Program average of 17-20 children enrolled per class in these classes. No more than 20 children enrolled in any class.

Delivery of Preschool Services:

14 Del. C. § 3001.

. . . (b) The Department of Education shall provide the early childhood educational services by contracting with public and private providers, including, but not limited to, providers administering federal Head Start programs within the State; provided however, that state funds paid to such contracting providers shall not be used to supplant state and/or federally funded programs or to make a federal Head Start provider ineligible for a Head Start expansion grant. All contracts may be in place for a period not to exceed 3 years; provided that … the contractor adheres to the required Head Start performance standards,

(c) Each contracting provider will be required to establish written agreements within the provider's respective service area with their local Head Start and/or other Early Childhood Initiative contracting provider as well as the local school district, to address issues including, but not limited to, service areas, recruitment, transition of children and families and sharing resources and information.

14 Del. C. § 3002.

The Family Services Cabinet Council ("FSCC") shall establish an Early Childhood Advisory Committee composed of equal representation from the Department of Education, the Department of Health and Social Services, the Department of Services for Children, Youth and Their Families, the Governor's Advisory Council for Exceptional Citizens, the Interagency Resource Management Committee and private providers, including Head Start providers to assist in:

 . . . (2) Advising the FSCC and IRMC of possible opportunities for improved interagency collaboration and/or gaps in the delivery of early childhood educational services to preschool age children who live in poverty.

Requirements for Student Assessment and Program Evaluation:

14 Del. C. § 3001(b)

…All contracts may be in place for a period not to exceed 3 years; provided that …the contractor adheres to the required Head Start performance standards, which include parental involvement and receipt of acceptable monitoring results which will be completed at least once during the contract period. 

14 Del. C. § 3003

The IRMC [Interagency Resource Management Committee] shall make annual reports to the General Assembly and the FSCC on or before January 1 of each fiscal year regarding the State Early Childhood Education Program, which shall include:

   (1) The number and percent of preschool age children who are eligible for early childhood educational services by county and by contracting provider;

   (2) The amount of state funds requested for continuation and expansion per contracting provider;

   (3) The amount of state funds received for continuation and expansion per contracting provider;

   (4) The amount of state funds expended per contracting provider; and

   (5) Any other data reflecting the progress of expansion of early childhood educational services to preschool age children who live in poverty and its effectiveness that the IRMC regards as pertinent.

ECAP. Outcomes.

Each year, the ECAP program evaluates its ability to help children develop appropriately, and assist families in meeting self-identified goals.

Note: The ECAP Report is the 2002 compilation of this data which includes assessments of developmental progress of a random sampling of enrolled children as well as family and community outcomes.

IRMC Report.

Delaware has begun implementing an early childhood accountability system for children 0-3 and 3-5 years of age. The system, called Delaware Building Blocks, stems from a federal initiative that requires states to examine the outcome of children receiving early intervention services, specifically those with Individual Education Programs (IEP) and Individual Family Service Plans (IFSP). This initiative will provide further evidence of the impact of early intervention services.

… Children will be assessed at entry and then again annually to collect developmental information. The data will be collected through a statewide data management system. Data will be analyzed annually and local program and state reports will be issued.


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