State Preschool Program

Overview

Maine funds a Public Preschool Program that provides services to four-year-olds in the public schools. The state has funded the program (originally called the Two-Year Kindergarten Program) since 1983. School districts are not required to offer the program, and are only partially reimbursed by the state, so not every district participates. Districts choosing to participate are reimbursed through the state school funding formula. All four-year-olds are eligible, regardless of income or other risk factors, if their district offers a program. According to the National Institute for Early Education Research, Maine served 2,088 four-year-old children (16%) in the Public Preschool Program during the 2005-2006 school year. Maine also has a state supplement program for Head Start that, in 2005-2006, provided $3.6 million and served an estimated 461 three- and four-year-olds.

State Policy

Although there is not an explicit state policy recognizing the importance of quality early childhood education, Maine has operated the Public Preschool Program for over twenty years. Further, under state statute the state board of education is charged with "promot[ing] services for preschool children" and school districts are encouraged to emphasize instruction and curriculum for children ages four to nine.

Eligibility Criteria

The Public Preschool Program provides a year of preschool prior to kindergarten to all four-year-olds who reside in a school district that chooses to participate in the program. There are no statewide eligibility criteria, other than age, for the program, but districts may choose to limit local enrollment to a targeted population.

Program Length/Duration

Where offered, the preschool program must meet a minimum of 2.5 hours per day for 175 days.

Funding

The Public Preschool Program is funded out of the general educational allocation for essential programs and services (EPS). Early childhood programs for kindergarten through Grade 2, including the preschool program, receive additional targeted aid by having the per-pupil weight increased by .10. There is a local contribution required to the overall per pupil allocation.

Quality Standards

In a national survey of quality standards, the National Institute for Early Education Research (NIEER) gave Maine’s Public Preschool Program a rating of four out of ten. Three of the quality standards met by Maine relate to teacher qualifications: all teachers must hold a bachelor’s degree and participate in an average of eighteen hours a year of professional development, exceeding NIEER’s benchmark of fifteen hours. Assistant teachers must hold a child development associate’s degree (CDA). However, Maine preschool teachers are not required to meet NIEER’s benchmark of specialized training in early childhood or elementary education. Maine also does not impose a maximum class size. It does set a staff-child ratio of 1:15, but this limit exceeds NIEER’s recommendation of 1:10. Maine requires vision and hearing screening, but no general health screening or referral. Maine recently adopted comprehensive preschool curriculum standards.

Delivery of Preschool Services

The Public Preschool Program is operated exclusively through the public schools. School districts are also asked to coordinate with other early childhood programs in the community to maximize resources, and schools may subcontract with community providers or send district teachers to community sites. School districts are encouraged to collaborate with the regional program that serves children with disabilities – the Child Development Services System (CDS).

Requirements for Student Assessment and Program Evaluation

Beginning in 2006-2007, preschoolers and schools participating in the Public Preschool Program must participate in a local assessment system that measures student and school progress in achieving the state’s new preschool curriculum content standards.

Education Clause in State Constitution

The state constitution in Maine directs the Legislature to require "the several towns to make suitable provision, at their own expense, for the support and maintenance of public schools."

Summary of Case Law on School Finance System

There has not been a formal determination on whether there is a fundamental right to education in Maine. In 1995, the Maine Supreme Judicial Court rejected an equal protection challenge to reductions in school funding, finding that plaintiffs had failed to provide evidence that disparities in funding resulted in students receiving an inadequate education.

Summary of Case Law on Preschool

No cases have addressed the right to preschool or funding for state preschool programs.

Constitutional Provisions on Public Education

M.R.S. Const. Art. 8, Pt. 1, § 1

A general diffusion of the advantages of education being essential to the preservation of the rights and liberties of the people; to promote this important object, the Legislature are authorized, and it shall be their duty to require, the several towns to make suitable provision, at their own expense, for the support and maintenance of public schools; and it shall further be their duty to encourage and suitably endow, from time to time, as the circumstances of the people may authorize, all academies, colleges and seminaries of learning within the State; provided, that no donation, grant or endowment shall at any time be made by the Legislature to any literary institution now established, or which may hereafter be established, unless, at the time of making such endowment, the Legislature of the State shall have the right to grant any further powers to alter, limit or restrain any of the powers vested in any such literary institution, as shall be judged necessary to promote the best interests thereof.

Case Law on the Right to Public Education and Preschool

Is Education a Fundamental Right under the State Constitution?

". . . [W]e need not address whether education is a fundamental right under the Maine Constitution because the plaintiffs' argument fails even if education is such a fundamental right. . . . Even if we were to conclude that education is a fundamental right in Maine, plaintiffs offer no authority for the proposition that they have a fundamental right under the Maine Constitution to state funding, a particular mechanism for state funding, or a particular method for reducing state funding." Sch. Admin. Dist. No. 1 v. Comm’r, 659 A.2d 854, 857 (Me. 1995).

School Finance Cases in Favor of Plaintiffs:

None.

Standard for a Constitutionally Adequate Education:

None.

School Finance Cases against Plaintiffs:

Sch. Admin. Dist. No. 1 v. Comm’r, 659 A.2d 854 (Me. 1995)

Plaintiffs, school districts and students, challenged on state equal protection grounds an amendment to the state’s school finance law that caused reductions in local district funding. The trial court applied the rational basis test and upheld the funding reductions, and the Maine Supreme Judicial Court affirmed. The Supreme Judicial Court stated that "we need not address whether education is a fundamental right under the Maine Constitution because the plaintiffs' argument fails even if education is such a fundamental right." The Court emphasized the fact that plaintiffs presented no evidence at trial that any disparities in funding resulted in the students receiving an inadequate education. Instead, the Court found, plaintiffs merely challenged "the method by which funding reductions were implemented."

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

20-A Maine Revised Statutes (M.R.S.) § 4251 et seq., Early Childhood Educational Plans For Children Ages 4 to 9

20-A Maine Revised Statutes (M.R.S.) § 5201, Attendance

20-A Maine Revised Statutes (M.R.S.) §6209, System of learning results established

20-A Maine Revised Statutes (M.R.S.) § 6451, Health screening

20-A Maine Revised Statutes (M.R.S.) § 13003, Mandatory certification

20-A Maine Revised Statutes (M.R.S.) § 15670 et seq. [School Finance – Essential Programs and Services]

05-071 Code of Maine Regulations (C.M.R.) 125, Basic Approval Standards

05-071 Code of Maine Regulations (C.M.R.) 127, Instructional Program, Assessment, and Diploma Standards

State of Maine Learning Results (Maine curriculum and learning standards)

Maine Early Childhood Learning Guidelines

Provisions Expressing State Policy on Preschool:

20-A M.R.S. § 405.

. . . 3. The state board [of education] shall have the following specific powers and perform the following duties:

    . . . T. Establish and maintain a 5-year plan for education that . . . promotes services for preschool children.

20-A M.R.S. § 4251. The intent of this subchapter is to encourage school administrative units to place an increased emphasis on instruction and curriculum for all children ages 4 to 9.

Eligibility Criteria for State Preschool Program:

20-A M.R.S. § 5201.

. . . 2. The following are minimum ages necessary for student enrollment in a school administrative unit.

    . . . C. A person who will be at least 4 years of age on October 15th of the school year may enroll in a public preschool program prior to kindergarten if it is offered.

Maine Public Pre-K FAQs

Q: Will this be a full day or a half day program? Is there a waiting list? Is enrollment on first come first serve or are there other standards?

A: It is a local decision as to whether the program will be a half or full day. Currently, it is also up to local communities concerning enrollment. Some offer a first come, some have criteria (i.e. risk factors) … this is called targeted enrollment. Some communities have been able to serve all children whose parents choose to enroll there … this is known as universal access.

Program Length/Duration:

05-071 C.M.R. 125.

2.15 Kindergarten: "Kindergarten" means a one or two-year instructional program aligned with the system of Learning Results, immediately prior to grade one.

6.03 Kindergarten Instructional Time

Scope of State’s Responsibility to Provide Preschool:

20-A M.R.S. §1(23-A). "Public preschool program" means a program offered by a public school that provides instruction to children who are 4 years of age.

20-A M.R.S. § 405.

. . . 3. The state board [of education] shall have the following specific powers and perform the following duties:

    . . . T. Establish and maintain a 5-year plan for education that . . . promotes services for preschool children.

20-A M.R.S. § 4251. The intent of this subchapter is to encourage school administrative units to place an increased emphasis on instruction and curriculum for all children ages 4 to 9. This subchapter is not intended as a method of financing existing efforts but as a way of encouraging the development of new or expanded programs.

20-A M.R.S. § 4252.  The initiatives local units may elect to develop may include, but not be limited to, one or more of the following:
 
. . . 3. Screening. Establish or expand preschool or early childhood screening programs and the development of individualized educational prescription based on the findings of the screening;

. . . 4. Programs for children 4 years of age and 5 years of age. Encourage the development of public preschool programs or 2-year kindergartens in conformity with section 5201, subsection 2, paragraph C and other appropriate programs to address the needs of children 4 years of age and 5 years of age;;
 
. . . 7. Transition. Facilitate the transition of children from preschool programs to public school programs . . . .

20-A M.R.S. § 4502(9).

Coordinated early childhood programs for children 4 years of age. Any school administrative unit that wishes to develop an early childhood program for children 4 years of age must submit a proposal for approval to the department. Evaluation of the proposal must include consideration of at least the following factors:

A. Demonstrated coordination with other early childhood programs in the community to maximize resources;

B. Consideration of the extended child care needs of working parents; and

C. Provision of public notice regarding the proposal to the community being served, including the extent to which public notice has been disseminated broadly to other early childhood programs in the community.

Scope of State's Responsibility to Fund Preschool:

20-A M.R.S. § 4254(1). Allowable costs are the cost of implementing approved [early childhood] plans; these costs may be added to the school unit's subsidizable costs under chapter 606.

Source of Funding for Preschool Program:

20-A M.R.S. § 15671.

Essential programs and services are those educational resources that are identified in this chapter for all students to meet the standards in the 8 content standard subject areas of the system of learning results established in chapter 222. …

1. State and local partnership. The State and each local school administrative unit are jointly responsible for contributing to the cost of the components of essential programs and services described in this chapter. …

A. The level of the state share of funding attributable to the cost of the components of essential programs and services must be at least 50% of eligible state and local General Fund education costs statewide, no later than fiscal year 2006-07; and

B. By fiscal year 2008-09 the state share of the total cost of funding public education from kindergarten to grade 12, as described by essential programs and services, must be 55%. …

2. Per-pupil rate amounts. A per-pupil rate represents an amount of funds that is to be made available for each subsidizable pupil. Per-pupil rates are determined pursuant to section 15676.

3. Specialized student populations. In recognition that educational needs can be more costly for some student populations than for others, special student populations are specifically addressed in sections 15675 and 15681-A, subsection 2.

… 6. Targeted funds. Funds for technology, assessment and the costs of additional investments in educating children in kindergarten to grade 2 as described in section 15681 must be provided as targeted allocations. School administrative units shall submit a plan for the use of these funds and shall receive funding based on approval of the plan by the commissioner. …

20-A M.R.S. § 15672. Definitions

… 6. Elementary grades. "Elementary grades" means public preschool programs to grade 8.

7. Elementary school level. "Elementary school level" means the grades from public preschool programs to grade 5.

…15. Kindergarten to grade 8 portion. "Kindergarten to grade 8 portion" means those pupils in the elementary grades or a combination of the elementary school level and middle school level.

16. Kindergarten to grade 2 student. "Kindergarten to grade 2 student" means a student in any grade from prekindergarten to grade 2 who is at least 4 years old on October 15th of the school year. …

20-A M.R.S. § 15675.

For the purpose of calculating the total operating allocation under this chapter pursuant to section 15683, the following additional weights must be added to the per-pupil count calculated under section 15674, subsection 1, paragraph C, subparagraph (1).

… 3. Public preschool program to grade 2 students. If a school administrative unit is eligible to receive targeted funds for its public preschool to grade 2 program under section 15681, then for each public preschool program to grade 2 student, the unit receives an additional weight of .10.

A. For purposes of the additional weight under this subsection, the count of public preschool program to grade 2 students is calculated based on the number of resident pupils in the most recent calendar year.

B. Only school administrative units with public preschool to grade 2 programs approved by the department are eligible for funds pursuant to this subsection or other comparable index.

C. Funds provided pursuant to this subsection may be expended only on behalf of public preschool program to grade 2 students.

20-A M.R.S. § 15676.

For each school administrative unit, the commissioner shall calculate the unit's EPS per-pupil rate for each year as the sum of:

1. Teaching staff costs. The salary and benefit costs for school level teaching staff that are necessary to carry out this Act, calculated in accordance with section 15678, adjusted by the regional adjustment under section 15682 and reduced by the amount of funds received by the school administrative unit during the most recent fiscal year under Title 1 of the federal Elementary and Secondary Act of 1965, 20 United States Code, Section 6301 et seq.;

2. Other staff costs. The salary and benefit costs for school-level staff who are not teachers, but including substitute teachers, that are necessary to carry out this Act, calculated in accordance with section 15679, adjusted by the regional adjustment under section 15682 and reduced by the amount of funds received by the school administrative unit during the most recent fiscal year under Title 1 of the federal Elementary and Secondary Act of 1965, 20 United States Code, Section 6301 et seq.; and

3. Additional costs. The per-pupil amounts not related to staffing, calculated in accordance with section 15680.

The EPS per-pupil rate is calculated on the basis of which schools students attend. …

20-A M.R.S. § 15681.

1. Eligibility. In order for a school administrative unit to receive targeted funds under this section, the school administrative unit must meet the following eligibility criteria.

… C. To receive targeted public preschool program to grade 2 funds calculated pursuant to subsection 4, the school administrative unit must be in compliance with any applicable reporting requirements for local early childhood programs. Any program must be in compliance with chapter 203, subchapter 2.

… 4. Public preschool program to grade 2 funds. For targeted public preschool program to grade 2 funds, the commissioner shall calculate the amount that may be made available to eligible school administrative units as follows.

A. For fiscal year 2005-06, the amount equals the product of the per-pupil guarantee calculated pursuant to section 15676 multiplied by the additional weight calculated pursuant to section 15675, subsection 3.

B. For fiscal year 2006-07 and each subsequent year, the commissioner shall recalculate the amount by using the amount calculated under paragraph A as a base and appropriate trends in the Consumer Price Index or other comparable index.

Scope of Child's Right to Attend Preschool:

None.

Curriculum Content Standards for Preschool Program:

20-A M.R.S. § 4502.

2. Curriculum standards. Schools shall also meet all curriculum standards established in chapter 207-A. Schools that offer public preschool programs shall demonstrate curriculum practice for those programs that implements the Maine early childhood learning guidelines and is appropriate for the age and development level of the children.

20-A M.R.S. §6209. System of learning results established.

The department in consultation with the state board shall establish and implement a comprehensive, statewide system of learning results set forth in this section and in department rules implementing this section and other curricular requirements. The department must establish accountability standards at all grade levels in the areas of mathematics; reading; and science and technology. The department shall establish parameters for essential instruction and graduation requirements in English language arts, mathematics, science and technology, social studies; career and education development; visual and performing arts; health, physical education and wellness; and world languages. Only students in a public school or a private school approved for tuition that enrolls at least 60% publicly funded students . . . are required to participate in the system of learning results set forth in this section and in department rules implementing this section and other curricular requirements. …

Maine’s Learning Results

The Learning Results include content standards and performance indicators for prekindergarten in the subject areas required by the legislation. The content standards and indicators for prekindergarten are grouped PreK to 2nd grade.

Sample:

A. NUMBERS AND NUMBER SENSE

Students will understand and demonstrate a sense of what numbers mean and how they are used. Students will be able to:

Pre-K-2

1. Demonstrate an understanding of what numbers mean (e.g., that the number 7 stands for a group of objects).
2. Understand the many uses of numbers (e.g., prices, recipes, measurement, directions in play).
3. Order, compare, read, group, and apply place value concepts to numbers up to 1,000.
4. Determine reasonableness of results when working with quantities.

EXAMPLES

• Show that 6 is larger than 3, using beans in a cup.
• Explain different ways to make 263, using hundreds, tens, and ones.

Maine Early Childhood Learning Guidelines

The State of Maine Early Childhood Learning Guidelines serves as a guide for state and local early care and education practitioners’ efforts to improve early childhood professional practice and programs for young children ages three through their entrance into kindergarten. This document considers the core elements contained in the State of Maine Learning Results (K-12). …

Sample:

MATHEMATICS

Children develop knowledge and skills related to:

A) Numbers and Number Sense

05-071 C.M.R. 127.

5.01 Pre-Kindergarten and Kindergarten Programs

Kindergarten is a one or two-year program prior to grade one designed to serve as an introduction to the academic environment. Pre-kindergarten is a one-year program prior to kindergarten. Pre-kindergarten and kindergarten programs shall provide activities that promote the development of feelings of self-worth as a learner and the development of skills in the following areas: social interaction, academic readiness, language expression, and fine and gross motor coordination…

5.02 Standards and Expectations for Learning Grades Pre-kindergarten through 4

Teacher Certification/Qualification Standards for Preschool Program:

20-A M.R.S. § 13003. Mandatory certification; penalty    

1. Teach in any public elementary or secondary school in the State; or 
2. Teach in any private school receiving basic approval under section 2901. 

Other Quality Standards for Preschool Program:

05-071 C.M.R. 125.

7.02 Personnel Ratios

A)    Classroom student-teacher ratios

(1)    Kindergarten and Pre-Kindergarten

. . . If a school administrative unit offers a pre-kindergarten program, no class shall exceed a 15 to 1 student-teacher ratio.

20-A M.R.S. § 6451.

1. Student right to screening for sight and hearing defects. Each student shall be screened periodically to determine whether they have sight or hearing defects.

Delivery of Preschool Services:

20-A M.R.S. § 4502(9).

Coordinated early childhood programs for children 4 years of age. Any school administrative unit that wishes to develop an early childhood program for children 4 years of age must submit a proposal for approval to the department. Evaluation of the proposal must include consideration of at least the following factors:

A. Demonstrated coordination with other early childhood programs in the community to maximize resources;

B. Consideration of the extended child care needs of working parents; and

C. Provision of public notice regarding the proposal to the community being served, including the extent to which public notice has been disseminated broadly to other early childhood programs in the community.

Maine Department of Education Website, Four Year Old Program, Community Based Program Approaches

There are a number of ways that a school can operate a four year old program.

• Schools can operate and maintain a four year old program within their school facility and staffed by school personnel
• Schools can operate and maintain a four year old program in a community location other than the public school and staffed by school personnel
• Schools can maintain a four year old program within their school facility and sub contract the operational aspects of the program to a community partner
• Schools can subcontract with an existing community based program to offer a four year old program in a community based setting
• Schools can send school personnel to a community based program
• Schools can partner with a community agency to offer a braided program, sharing resources from both programs, operating in a single or multiple locations

Requirements for Student Assessment and Program Evaluation:

05-071 C.M.R. 127.

4.02 Local Assessment System

A. Purpose of Assessment

The purpose of assessment is to:

1). Produce high quality information about student performance that will inform teaching and enhance learning,

2). Monitor and hold school administrative units accountable for students achieving the content standards of the system of Learning Results; and

3). Certify student achievement of the content standards of the system of Learning Results.
. . .

C. Standards for Local Assessment System

10). The Local Assessment System shall provide school and student results across the grade spans as follows
. . . .