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

Minnesota
 

State Preschool Program

Overview

Minnesota has three state-funded initiatives that support prekindergarten programs for its children. The state invests the greatest share of its early education funding—$20.1 million a year—on its Head Start state supplement program that provides funding to enhance services and expand slots in Head Start programs. According to the National Institute for Early Education Research (NIEER), this state supplement supported Head Start slots for 1,839 three- and four-year olds in 2005-2006. The funding for FY 2008 and FY 2009 is only $1 million a year more than the annual funding for the prior two years.

In 1991, Minnesota established its School Readiness Program for all three- to five-year-olds to prepare them for kindergarten. The program supports a wide variety of services for preschoolers and their families, addressing their health, nutrition, education, and social services needs. In the 2005-2006 school year, 99.7% of school districts had a School Readiness program. About 83% of those districts provided half-day preschool programs. The Minnesota Department of Education reports that 19,247 children attended a half-day School Readiness preschool program for one to five days a week in FY 2005. About 66% of these children were in a two-day program.

Funding for the First Grade Preparedness initiative, established in 1999, is available to school districts with high numbers of students living in poverty. Although focused on developing full-day kindergarten programs, the initiative was projected to fund prekindergarten programs for 630 four-year-olds in FY 2006.

For FY 2008, Minnesota initiated a two-year pilot program to establish "Prekindergarten Exploratory Projects" in the city of St. Paul and in Hennepin and Blue Earth Counties to serve low-income three- and four-year-olds in high quality settings. Appropriations are $2 million for FY 2008 and $4 million for FY 2009.

State Policy

In order to "achieve the goal for increased school readiness of all Minnesota children," the legislature is requiring the commissioners of education, human services, and health to identify ways to coordinate activities and resources related to early care and education. The commissioners will issue a progress report in 2006.

The School Readiness Program in Minnesota is intended "to prepare children to enter kindergarten," and the legislature established the First Grade Preparedness program "to ensure that every child has the opportunity before first grade to develop the skills and abilities necessary to read and succeed in school [.] "

Eligibility Criteria

The School Readiness Program is open to all children between three and five years old who have not entered kindergarten, although most district programs begin at age 3½. Children are prioritized for services based on a uniform health and development screening. They do not have to reside in the district that offers the program.

A preschool program is available to any four-year-old residing in the attendance area of a qualifying school that offers a preschool component as part of its First Grade Preparedness program. School sites qualify by being ranked according to each site’s free and reduced lunch count percentage for kindergarteners (or for the whole school, if greater). One-quarter of the available state funding for the program is allocated to each of four geographic areas of the state: Minneapolis, St. Paul, suburban Minneapolis/St. Paul, and the rest of the state. Separate eligibility rankings are maintained for each geographic area, and revenue is distributed to eligible schools within each area, beginning at the top of the list, until available revenue has been depleted.

Head Start programs receiving supplemental state funding serve three- and four-year-olds who are eligible based on a family income below the federal poverty level. Ten percent of enrollees may have a family income exceeding the poverty level if they meet other criteria.

Program Length/Duration

Although there is no statutory or regulatory program length requirement for the School Readiness Program, 83% of school districts participating in the program during FY 2004 and FY 2005 provided half-day preschool programs. These programs ran from one to five days a week, with most children attending two- or three-day programs.

The First Grade Preparedness program has no statutory or regulatory program length requirement for sites offering a four-year-old preschool component. Participating programs are required to establish a plan to provide extended day services to serve as many children as possible. Under Head Start guidelines, programs are required to operate at least four days a week for a minimum of three and one-half hours a day. Head Start programs can provide full-day services themselves or in collaboration with other licensed child care providers, and by FY 2013, at least 50% of children enrolled in the state-funded Head Start program must be in full-day programs.

Funding

The state appropriates aid for the School Readiness Program from the state’s general funds to the Department of Education for allocation to schools participating in the program. The state appropriations are $10 million for FY 2008 and $10.2 million for FY 2009. Half of the available school readiness aid is allocated among the participating districts in proportion to the number of four-year-old students participating in the program the previous year. The other half of the aid is allocated among the participating districts in proportion to the number of district students who were eligible for the free or reduced lunch program the previous year. Participating districts are required to charge fees based on a sliding fee schedule, but must waive the fee for any participant unable to pay.

The First Grade Preparedness program is a grant program administered from state general funds appropriated to the Department of Education. Although not a "competitive" program, schools must qualify for funding based on geography and relative poverty. School sites qualify by being ranked according to each site’s free and reduced lunch count percentage for kindergarteners (or for the whole school, if greater). One-quarter of the available state funding for the program is allocated to each of four geographic areas of the state: Minneapolis, St. Paul, suburban Minneapolis/St. Paul, and the rest of the state. Separate eligibility rankings are maintained for each geographic area, and revenue is distributed to eligible schools within each area, beginning at the top of the list, until available revenue has been depleted. The amount of the grant per school is determined by a formula, multiplying the school’s kindergarten enrollment for the previous year times 0.53 times the basic formula allowance. The formula allowance for FY 2006 is $4,783, and for FY 2007 and subsequent years it is $4,974. The state appropriations for the First Grade Preparedness program are $7.25 million a year for FY 2008 and FY 2009.

The state appropriations for the Head Start supplement are $20.1 million a year for FY 2008 and FY 2009, a $1 million per year increase over the prior two years.

Quality Standards

In a national survey of quality standards, the National Institute for Early Education Research (NIEER) gave Minnesota’s state-supplemented Head Start program a rating of eight out of ten. Head Start programs receiving supplemental state funds must comply with the federal Head Start Program Performance Standards. These standards require health services and screening, family support services, and provision of meals for all children participating in the program. The maximum class size in Head Start centers is 20, with a staff/child ratio of 1:10. Head Start teacher guidelines require teachers to possess a minimum of a child development associate credential (CDA), which does not meet the NIEER goal of requiring a bachelor’s degree for all teachers. The teacher in-service requirement for Head Start also does not meet NIEER’s benchmark of 15 hours or more per year. Site visits are required, meeting the NIEER benchmark for program monitoring.

NIEER did not rate Minnesota’s School Readiness or First Grade Preparedness programs.

School Readiness programs must "provide comprehensive program content based on early childhood research and professional practice that is focused on children's cognitive skills and development…" Such programs "must be supervised by a licensed early childhood teacher, a certified early childhood educator, or a licensed parent educator." According to NIEER, all prekindergarten programs funded by the state must have class sizes no greater than 20 and staff/child ratios of 1:10 or better. Minnesota requires all school districts to implement a comprehensive health and development screening and referral program for all three- and four-year-olds.

Minnesota has adopted comprehensive Early Learning Standards "as a guide for planning curriculum content and teaching strategies for children in the preschool period of ages three to five." These standards meet NIEER’s benchmark for comprehensive early learning standards.

Delivery of Preschool Services

School districts with school readiness programs must coordinate with relevant community-based services and cooperate with adult basic education programs and other adult literacy programs. Districts may also provide school readiness services by contracting with charter schools or community-based organizations, or by paying tuition or fees to place an eligible child in an existing program. A district may also provide relevant services in a child’s home.

Schools with First Grade Preparedness programs must collaborate with other providers of school readiness and child development services.

Requirements for Student Assessment and Program Evaluation

School readiness programs are required to conduct an assessment of each child's cognitive skills when the child enters the program and before the child leaves the program. Each program must also submit an annual report to the Department of Education. There are no separate assessment or evaluation requirements for the First Grade Preparedness program.

Legal Framework

Education Clause in State Constitution

In Minnesota, the legislature has a duty under the state constitution "to establish a general and uniform system of public schools." The school system established by the legislature must also be "thorough and efficient."

Summary of Case Law on School Finance System

The Minnesota Supreme Court has determined that education is a fundamental right, insofar as students are guaranteed a basic funding level that provides a "general and uniform system of education." Whether the financing of that system is "thorough and efficient" does not rise to the level of a fundamental right, and only needs to meet the rational basis test.

In Skeen v. State, the plaintiffs—who represented "property poor" suburban and rural school districts—challenged the constitutionality of three provisions of the school funding formula that provided supplemental revenue to districts above the basic state aid formula revenue. The Minnesota Supreme Court found that the school finance system did not violate either the education clause or the equal protection clause of the state constitution. The parties had acknowledged that the plaintiffs’ were meeting or exceeding all state educational standards, and any funding disparities were rationally related to the state goal of encouraging local districts to supplement basic revenue.

Summary of Case Law on Preschool

None of the cases have addressed preschool.

Constitutional Provisions on Public Education

Minn. Const., Art. XIII, § 1

The stability of a republican form of government depending mainly upon the intelligence of the people, it is the duty of the legislature to establish a general and uniform system of public schools. The legislature shall make such provisions by taxation or otherwise as will secure a thorough and efficient system of public schools throughout the state.

Minn. Const., Art. XIII, § 2

In no case shall any public money or property be appropriated or used for the support of schools wherein the distinctive doctrines, creeds or tenets of any particular Christian or other religious sect are promulgated or taught.

Case Law on the Right to Public Education and Preschool

Is Education a Fundamental Right under the State Constitution?

Skeen v. State, 505 N.W.2d 299 (Minn. 1993)

In Skeen v. State, 505 N.W.2d 299, 313 (Minn. 1993), the Supreme Court of Minnesota held that "education is a fundamental right under the state constitution, not only because of its overall importance to the state but also because of the explicit language used to describe this constitutional mandate." However, in applying equal protection analysis under the state constitution to the school financing system, the court held that, as long as the statutory scheme provided students an adequate level of education meeting all state standards, the question of whether funding was "thorough and efficient" merely had to satisfy a "rational basis" test. "The structure and history of the Minnesota Constitution indicates that while there is a fundamental right to a ‘general and uniform system of education,’ that fundamental right does not extend to the funding of the education system, beyond providing a basic funding level to assure that a general and uniform system is maintained."

School Finance Cases in Favor of Plaintiffs:

None.

Standard for a Constitutionally Adequate Education:

None.

School Finance Cases against Plaintiffs:

Skeen v. State, 505 N.W.2d 299 (Minn. 1993)

Fifty-two suburban and rural school districts sued the Minnesota Board of Education and Commissioner of Education, alleging that the school finance system created relative funding disparities in educational opportunity related to property wealth. Twenty-four wealthier school districts intervened and joined the case as defendants. The trial court held that the referendum levy, debt service levy, and supplemental revenue components of the funding system violated the constitutional guarantees of Minnesota’s education and equal protection clauses.

The Minnesota Supreme Court rejected plaintiffs’ claims and reversed. Although it found that there is a fundamental right to a general and uniform system of education in Minnesota, the right did not extend to the funding of the system, as long as a basic funding level was assured. Under the equalized foundation formula in Minnesota, 93% of state funding under the basic revenue formula was found to be fully equalized, and "the parties conceded that all plaintiff districts met or exceeded the educational requirements of the state." Skeen v. State, 505 N.W.2d at 302-303. The three revenue components at issue accounted for the remaining 7% of state funding, and were also fully or partially equalized. The Supreme Court thus held that "while the present system may not be perfect…it clearly satisfies the state's constitutional duty to provide a ‘general and uniform system of education’ to all students in the state…."

In its equal protection analysis, the Court applied the rational basis test and found that the three components at issue were rationally related to the state’s "legitimate interest in encouraging local districts to supplement the basic revenue component [.] " Id. at 316.

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

Minnesota Statutes (Minn. Stat.) § 119A.50 et seq., Head Start Program

Minnesota Statutes (Minn. Stat.) § 120A.20, Admission to public school.

Minnesota Statutes (Minn. Stat.) § 124D.081, First-Grade Preparedness Program

Minnesota Statutes (Minn. Stat.) § 124D.15, School Readiness Programs

Minnesota Statutes (Minn. Stat.) § 124D.16, School Readiness Aid

Minnesota Session Laws 2005, 1st Special Session - Chapter 5

Early Childhood Indicators of Progress: Minnesota’s Early Learning Standards (2005)

Minnesota Department of Education School Readiness FY 2004 Participant Data

Minnesota Department of Education School Readiness FY 2006 Participant Data

Minnesota Department of Education, More About School Readiness

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

Head Start Regulations, 45 CFR Parts 1304-1306

Provisions Expressing State Policy on Preschool:

Minn. Stat. § 124D.15 Subd. 1. A district or a group of districts may establish a school readiness program for children age three to kindergarten entrance. The purpose of a school readiness program is to prepare children to enter kindergarten.

Minn. Stat. § 124D.081 Subd. 1. Purpose. The purposes of the first-grade preparedness program are to ensure that every child has the opportunity before first grade to develop the skills and abilities necessary to read and succeed in school and to reduce the underlying causes that create a need for compensatory revenue.

Minnesota Session Laws 2005, 1st Special Session - Chapter 5, Art. 7, Sec. 18.

(a) The commissioners of education, human services, and health shall identify how they will coordinate activities and resources, with input from local communities and tribal governments, including setting priorities, aligning policies, and leveraging existing resources to achieve the goal for increased school readiness of all Minnesota children. The commissioners shall report on the progress made, which must include information on:

(1) coordinating and disseminating resources and information on school readiness and early care and education, health and nutrition, including child mental health and family support to:

(i) parents and families with children birth to age five through key entry points, such as women, infants, and children (WIC), family home visiting, child welfare, public and private health care providers, and other public programs; and

(ii) early care and education providers, public and private health care providers, foster care providers, temporary care providers, shelters, crisis nurseries, and other facilities providing long-term or temporary care for young children, birth to age five;

(2) supporting families, schools, and communities in facilitating the transition of young children into the kindergarten environment;

(3) identifying, coordinating, and sharing resources and strategies between state departments that address the cultural and linguistic needs of families served;

(4) amending the state Medicaid plan to expand the use of the child and teen checkup funding for allowable child development services, such as outreach for early childhood screening, and streamlining the process for voluntary certification of school districts as child and teen checkup providers; and

(5) referring children ages three to five in the child welfare system to the Interagency Early Intervention System for a developmental screening and referral to services if problems are identified.

(b) The commissioners shall report to the senate and house of representatives committees having jurisdiction over early care and education by March 1, 2006.

Eligibility Criteria for State Preschool Program:

School Readiness

Minn. Stat. § 124D.15

Subd. 1. A district or a group of districts may establish a school readiness program for children age three to kindergarten entrance. The purpose of a school readiness program is to prepare children to enter kindergarten. …

…Subd. 5. … The district may not restrict participation to district residents.

Minn. Stat. § 120A.20 Subd. 1(b). …A person shall not be admitted to a public school (1) as a kindergarten pupil, unless the pupil is at least five years of age on September 1 of the calendar year in which the school year for which the pupil seeks admission commences; … except that any school board may establish a policy for admission of selected pupils at an earlier age.

Minnesota Department of Education, More About School Readiness

Children who are 3½ years old and not yet in kindergarten are eligible for School Readiness. Some districts may serve children younger than 3½ old. Participation is voluntary and services are offered free or for a nominal fee. Fees are waived for families unable to pay. …

First-Grade Preparedness

Minn. Stat. § 124D.081

…Subd. 2. Qualifying district. A school district may receive first-grade preparedness revenue for qualifying school sites if, consistent with subdivision 5, the school board approves a resolution requiring the district to provide services to all children located in a qualifying school site attendance area.

Subd. 3. Qualifying school site. (a) The commissioner shall rank all school sites with kindergarten programs that do not exclusively serve [special education, deaf, or visually impaired] students…. The ranking must be from highest to lowest based on the site's free and reduced lunch count as a percent of the fall enrollment using the preceding October 1 enrollment data. Once a school site is calculated to be eligible, it remains eligible for the duration of the pilot program, unless the site's ranking falls below the state average for elementary schools. For each school site, the percentage used to calculate the ranking must be the greater of (1) the percent of the fall kindergarten enrollment receiving free and reduced lunch, or (2) the percent of the total fall enrollment receiving free and reduced lunch. The list of ranked sites must be separated into the following geographic areas: Minneapolis district, St. Paul district, suburban Twin Cities districts in the seven-county metropolitan area, and school districts in greater Minnesota.

(b) The commissioner shall establish a process and timelines to qualify school sites for the next school year. School sites must be qualified in each geographic area from the list of ranked sites until the estimated revenue available for this program has been allocated. The total estimated revenue must be distributed to qualified school sites in each geographic area as follows: 25 percent for Minneapolis sites, 25 percent for St. Paul sites, 25 percent for suburban Twin Cities sites, and 25 percent for greater Minnesota.

Subd. 4. … A school site must offer a full-day kindergarten program to participating children who are five years of age or older for the full school day every day, a program for participating children who are four years old, or a combination of both. …

Head Start Supplement

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:

School Readiness

Note: There are no statutory or regulatory provisions for preschool program characteristics. The Minnesota Department of Education reported to Starting At 3 that in FY 2005, 83% of districts providing School Readiness services had half-day preschool programs running from one to five days a week. Of the 19,247 children participating, 12,645 were in two-day programs, and 3,252 were in three-day programs.

Minnesota Department of Education School Readiness FY 2004 Participant Data

During the 2003-2004 school year …Most school districts [participating in the School Readiness Program] (83%) provide[d] half day preschool programs.

First-Grade Preparedness

Minn. Stat. § 124D.081

…Subd. 4. … A school site must offer a full-day kindergarten program to participating children who are five years of age or older for the full school day every day, a program for participating children who are four years old, or a combination of both. …

Subd. 5. Extended day requirements. The board of a qualifying school district must develop and approve a plan to provide extended day services to serve as many children as possible. …

Head Start Supplement

Minn. Stat. § 119A.535.

Eligible Head Start organizations must submit a plan to the department for approval on a form and in the manner prescribed by the commissioner. The plan must include:

… (4) a plan for providing Head Start services in conjunction with full-day child care programs to minimize child transitions, increase program intensity and duration, and improve child and family outcomes as required in section 119A.5411; and

(5) identification of regular Head Start, early Head Start, full-day services identified in section 119A.5411, and innovative services based upon demonstrated needs to be provided.

Minn. Stat. § 119A.5411.

The following phase-in of full-day services in Head Start programs or licensed child care as defined in chapter 245A is required:

(1) by fiscal year 2009, a minimum of 25 percent of the total state-funded enrollment throughout the state must be provided in full-day services;

(2) by fiscal year 2011, a minimum of 40 percent of the total state-funded enrollment throughout the state must be provided in full-day services; and

(3) by fiscal year 2013, a minimum of 50 percent of the total state-funded enrollment throughout the state must be provided in full-day services.

Head Start programs may provide full-day services as part of their own program model or through agreements with licensed full-day child care programs. If licensed child care providers do not exist in a geographic area, choose not to participate, cannot meet the federal Head Start performance standards after sufficient opportunity, or a Head Start program is unable to establish the full-day services as a part of their own program model, the Head Start program may request exemption from the commissioner.

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 attend) 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:

School Readiness

Minn. Stat. § 124D.15 Subd. 1. A district or a group of districts may establish a school readiness program for eligible children. …

First-Grade Preparedness

Minn. Stat. § 124D.081

…Subd. 2. Qualifying district. A school district may receive first-grade preparedness revenue for qualifying school sites if, consistent with subdivision 5, the school board approves a resolution requiring the district to provide services to all children located in a qualifying school site attendance area.

Subd. 3. Qualifying school site. (a) The commissioner shall rank all school sites with kindergarten programs that do not exclusively serve [special education, deaf, or visually impaired] students…. The ranking must be from highest to lowest based on the site's free and reduced lunch count as a percent of the fall enrollment using the preceding October 1 enrollment data. Once a school site is calculated to be eligible, it remains eligible for the duration of the pilot program, unless the site's ranking falls below the state average for elementary schools. For each school site, the percentage used to calculate the ranking must be the greater of (1) the percent of the fall kindergarten enrollment receiving free and reduced lunch, or (2) the percent of the total fall enrollment receiving free and reduced lunch. The list of ranked sites must be separated into the following geographic areas: Minneapolis district, St. Paul district, suburban Twin Cities districts in the seven-county metropolitan area, and school districts in greater Minnesota.

(b) The commissioner shall establish a process and timelines to qualify school sites for the next school year. School sites must be qualified in each geographic area from the list of ranked sites until the estimated revenue available for this program has been allocated. The total estimated revenue must be distributed to qualified school sites in each geographic area as follows: 25 percent for Minneapolis sites, 25 percent for St. Paul sites, 25 percent for suburban Twin Cities sites, and 25 percent for greater Minnesota.

Scope of State's Responsibility to Fund Preschool:

School Readiness

Minn. Stat. § 124D.15

Subd. 1. A district or a group of districts may establish a school readiness program for children age three to kindergarten entrance. …

…Subd. 5. A district may contract with a charter school or community-based organization to provide eligible children developmentally appropriate services that meet the program requirements in subdivision 3. In the alternative, a district may pay tuition or fees to place an eligible child in an existing program. …

…Subd. 12. A district must adopt a sliding fee schedule based on a family's income but must waive a fee for a participant unable to pay.

Minn. Stat. § 124D.16

…Subd. 2(b). For fiscal year 2002 and thereafter, a district must receive school readiness aid equal to:

(1) the number of four-year-old children in the district on October 1 for the previous school year times the ratio of 50 percent of the total school readiness aid for that year to the total number of four-year-old children reported to the commissioner for the previous school year; plus

(2) the number of pupils enrolled in the school district from families eligible for the free or reduced school lunch program for the previous school year times the ratio of 50 percent of the total school readiness aid for that year to the total number of pupils in the state from families eligible for the free or reduced school lunch program for the previous school year.

Subd. 3. School readiness aid shall be used only to provide a school readiness program and may be used to provide transportation. Not more than five percent of program revenue, as defined in subdivision 5, may be used for the cost of administering the program. Aid must be used to supplement and not supplant local, state, and federal funding. Aid may not be used for [special education, deaf, or visually impaired] instruction and services …. Aid may not be used to purchase land or construct buildings, but may be used to lease or renovate existing buildings. …

First-Grade Preparedness

Minn. Stat. § 124D.081

…Subd. 2. Qualifying district. A school district may receive first-grade preparedness revenue for qualifying school sites if, consistent with subdivision 5, the school board approves a resolution requiring the district to provide services to all children located in a qualifying school site attendance area.

Subd. 3. Qualifying school site. (a) The commissioner shall rank all school sites with kindergarten programs that do not exclusively serve students under sections 125A.03 to 125A.24, and 125A.65. The ranking must be from highest to lowest based on the site's free and reduced lunch count as a percent of the fall enrollment using the preceding October 1 enrollment data. Once a school site is calculated to be eligible, it remains eligible for the duration of the pilot program, unless the site's ranking falls below the state average for elementary schools. For each school site, the percentage used to calculate the ranking must be the greater of (1) the percent of the fall kindergarten enrollment receiving free and reduced lunch, or (2) the percent of the total fall enrollment receiving free and reduced lunch. The list of ranked sites must be separated into the following geographic areas: Minneapolis district, St. Paul district, suburban Twin Cities districts in the seven-county metropolitan area, and school districts in greater Minnesota.

(b) The commissioner shall establish a process and timelines to qualify school sites for the next school year. School sites must be qualified in each geographic area from the list of ranked sites until the estimated revenue available for this program has been allocated. The total estimated revenue must be distributed to qualified school sites in each geographic area as follows: 25 percent for Minneapolis sites, 25 percent for St. Paul sites, 25 percent for suburban Twin Cities sites, and 25 percent for greater Minnesota. …

…Subd. 6. Preparedness revenue. (a) A qualifying school district is eligible for first-grade preparedness revenue equal to the basic formula allowance for that year times the number of children five years of age or older enrolled in a kindergarten program at the site on October 1 of the previous year times .53.

(b) This revenue must supplement and not replace compensatory revenue that the district uses for the same or similar purposes under chapters 120B, 123A, 123B, 124D, 126C, and 127A. …

…Subd. 9. Reserve account. First grade preparedness revenue must be placed in a reserve account within the general fund and may only be used for first grade preparedness programs at qualifying school sites.

Minn. Stat. § 126C.10 Subd. 2.

The basic revenue for each district equals the formula allowance times the adjusted marginal cost pupil units for the school year. The formula allowance for fiscal year 2005 is $4,601. The formula allowance for fiscal year 2006 is $4,783. The formula allowance for fiscal year 2007 and subsequent years is $4,974.

Head Start Supplement

Minn. Stat. § 119A.50.

Subd. 1. Department of Education. The Department of Education is the state agency responsible for administering the Head Start program. The commissioner of education shall allocate funds according to the formula in section 119A.52 to public or private nonprofit agencies for the purpose of providing supplemental funds for the federal Head Start program.

Minn. Stat. § 119A.52(a).

The commissioner of education must distribute money appropriated for that purpose to federally designated Head Start programs to expand services and to serve additional low-income children. Migrant and Indian reservation programs must be initially allocated money based on the programs' share of federal funds. The remaining money must be initially allocated to the remaining local agencies based equally on the agencies' share of federal funds and on the proportion of eligible children in the agencies' service area who are not currently being served. A Head Start program must be funded at a per child rate equal to its contracted, federally funded base level at the start of the fiscal year. In allocating funds under this paragraph, the commissioner of education must assure that each Head Start program in existence in 1993 is allocated no less funding in any fiscal year than was allocated to that program in fiscal year 1993. Before paying money to the programs, the commissioner must notify each program of its initial allocation, how the money must be used, and the number of low-income children to be served with the allocation based upon the federally funded per child rate. Each program must present a plan under section 119A.535. For any program that cannot utilize its full allocation at the beginning of the fiscal year, the commissioner must reduce the allocation proportionately. Money available after the initial allocations are reduced must be redistributed to eligible programs.

Source of Funding for Preschool Program:

School Readiness

Minnesota Session Laws 2007, Chapter 146, Art. 9, Sec. 17.

Subd. 1. The sums indicated in this section are appropriated from the general fund to the Department of Education for the fiscal years designated …

Subd. 3. For revenue for school readiness programs under Minnesota Statutes, sections 124D.15 and 124D.16:

$9,995,000 … 2008

$10,095,000 … 2009

First-Grade Preparedness

Minnesota Session Laws 2007, Chapter 146, Art. 2, Sec. 46.

Subd. 1. The sums indicated in this section are appropriated from the general fund to the Department of Education for the fiscal years designated …

…Subd. 24. For first grade preparedness grants under Minnesota Statutes, section 124D.081:

$7,250,000 … 2008

$7,250,000 … 2009

Head Start Supplement

Minnesota Session Laws 2007, Chapter 146, Art. 2, Sec. 46.

Subd. 5. For Head Start programs under Minnesota Statutes, section 119A.52:

$20,100,000 … 2008

$20,100,000 … 2009

Scope of Child's Right to Attend Preschool:

No statutory or regulatory provisions.

Curriculum Content Standards for Preschool Program:

Early Childhood Indicators of Progress: Minnesota’s Early Learning Standards (2005)

…The Early Childhood Indicators of Progress provide a common framework for developmentally appropriate expectations for children who are approximately four years of age. It is expected that most children will accomplish the majority of the indicators by the end of the pre-kindergarten year. In order to meet this expectation, the indicators can be used as a guide for planning curriculum content and teaching strategies for children in the preschool period of ages three to five. …

[Note: The "Indicators of Progress" cover six domains:

  • Social and Emotional Development
  • Approaches to Learning
  • Language and Literacy Development
  • Creativity and the Arts
  • Cognitive Development
  • Physical and Motor Development]

Sample:

Language and Literacy Development

Emergent Reading

1. Initiate stories and respond to stories told or read aloud

2. Represent stories told or read aloud through various media or during play

3. Guess what will happen next in a story using pictures as a guide

4. Retell information from a story

5. Show beginning understanding of concepts about print

6. Recognize and name some letters of the alphabet, especially those in own name

7. Begin to associate sounds with words or letters

School Readiness

Minn. Stat. § 124D.15 Subd. 3. Program requirements. A school readiness program provider must: …

…(2) provide comprehensive program content based on early childhood research and professional practice that is focused on children's cognitive skills and development and prepares children for the transition to kindergarten, including early literacy skills …

Teacher Certification/Qualification Standards for Preschool Program:

School Readiness

Minn. Stat. § 124D.15 Subd. 10. Supervision. A program provided by a board must be supervised by a licensed early childhood teacher, a certified early childhood educator, or a licensed parent educator. …

Head Start Supplement

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:

Minn. Stat. § 121A.17. [Early childhood developmental screening]

Subd. 1. Every school board must provide for a mandatory program of early childhood developmental screening for children at least once before school entrance, targeting children who are between three and four years old…

…Subd. 3(a) A screening program must include at least the following components: developmental assessments, hearing and vision screening or referral, immunization review and referral, the child's height and weight, identification of risk factors that may influence learning, an interview with the parent about the child, and referral for assessment, diagnosis, and treatment when potential needs are identified. …

Subd. 4. If any child's screening indicates a condition which requires diagnosis or treatment, the child's parents shall be notified of the condition and the board shall ensure that an appropriate follow-up and referral process is available. …

School Readiness

Minn. Stat. § 124D.15

…Subd. 3. A school readiness program provider must:

(1) assess each child's cognitive skills when the child enters and again before the child leaves the program to inform program planning and promote kindergarten readiness;

(2) provide comprehensive program content based on early childhood research and professional practice that is focused on children's cognitive skills and development and prepares children for the transition to kindergarten;

(3) arrange for early childhood screening and appropriate referral;

(4) involve parents in program planning and decision making;

(5) coordinate with relevant community-based services; and

(6) cooperate with adult basic education programs and other adult literacy programs. …

…Subd. 5. A district may contract with a charter school or community-based organization to provide eligible children developmentally appropriate services that meet the program requirements in subdivision 3. In the alternative, a district may pay tuition or fees to place an eligible child in an existing program. A district may establish a new program where no existing, reasonably accessible program meets the program requirements in subdivision 3. Districts must submit a copy of each contract to the commissioner with the biennial plan. Services may be provided in a site-based program or in the home of the child or a combination of both. The district may not restrict participation to district residents.

…Subd. 10. Supervision. A program provided by a board must be supervised by a licensed early childhood teacher, a certified early childhood educator, or a licensed parent educator. …

…Subd. 14. Assistance. The department must assist districts, upon request, with programs under this section.

First-Grade Preparedness

Minn. Stat. § 124D.081

…Subd. 4. A qualifying school site must develop its first-grade preparedness program in collaboration with other providers of school readiness and child development services. A school site must offer a full-day kindergarten program to participating children who are five years of age or older for the full school day every day, a program for participating children who are four years old, or a combination of both. The program may offer as an option to families home visits and other practices as appropriate, and may provide such services with the consent of the parent or guardian. Program providers must ensure that the program supplements existing school readiness and child development programs and complements the services provided with compensatory revenue. Where possible, individuals receiving assistance under a family assistance plan can meet the work activity requirement of the plan by participating in a first-grade preparedness program as a volunteer.

Subd. 5. The board of a qualifying school district must develop and approve a plan to provide extended day services to serve as many children as possible. …

Head Start Supplement

Minn. Stat. § 119A.53 Federal Requirements.

Programs and the commissioner shall comply with federal regulations governing the federal Head Start program, except for funding for innovative initiatives under section 119A.535 as approved by the commissioner, which may be used to operate differently than federal Head Start regulations. If a state statute or rule conflicts with a federal statute or regulation, the state statute or rule prevails.

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.

... (3) For classes serving predominantly four or five-year-old children, the average class size of that group of classes must be between 17 and 20 children, with no more than 20 children enrolled in any one class.

Delivery of Preschool Services:

School Readiness

Minn. Stat. § 124D.15

…Subd. 3. A school readiness program provider must:

… (5) coordinate with relevant community-based services; and

(6) cooperate with adult basic education programs and other adult literacy programs. …

...Subd. 5. A district may contract with a charter school or community-based organization to provide eligible children developmentally appropriate services that meet the program requirements in subdivision 3. In the alternative, a district may pay tuition or fees to place an eligible child in an existing program. A district may establish a new program where no existing, reasonably accessible program meets the program requirements in subdivision 3. Districts must submit a copy of each contract to the commissioner with the biennial plan. Services may be provided in a site-based program or in the home of the child or a combination of both. The district may not restrict participation to district residents.

First-Grade Preparedness

Minn. Stat. § 124D.081 Subd. 4. A qualifying school site must develop its first-grade preparedness program in collaboration with other providers of school readiness and child development services. … Program providers must ensure that the program supplements existing school readiness and child development programs and complements the services provided with compensatory revenue. …

Head Start Supplement

Minn. Stat. § 119A.535.

Eligible Head Start organizations must submit a plan to the department for approval on a form and in the manner prescribed by the commissioner. The plan must include:

… (4) a plan for providing Head Start services in conjunction with full-day child care programs to minimize child transitions, increase program intensity and duration, and improve child and family outcomes as required in section 119A.5411; and

(5) identification of regular Head Start, early Head Start, full-day services identified in section 119A.5411, and innovative services based upon demonstrated needs to be provided.

Minn. Stat. § 119A.5411.

The following phase-in of full-day services in Head Start programs or licensed child care as defined in chapter 245A is required:

(1) by fiscal year 2009, a minimum of 25 percent of the total state-funded enrollment throughout the state must be provided in full-day services;

(2) by fiscal year 2011, a minimum of 40 percent of the total state-funded enrollment throughout the state must be provided in full-day services; and

(3) by fiscal year 2013, a minimum of 50 percent of the total state-funded enrollment throughout the state must be provided in full-day services.

Head Start programs may provide full-day services as part of their own program model or through agreements with licensed full-day child care programs. If licensed child care providers do not exist in a geographic area, choose not to participate, cannot meet the federal Head Start performance standards after sufficient opportunity, or a Head Start program is unable to establish the full-day services as a part of their own program model, the Head Start program may request exemption from the commissioner.

Requirements for Student Assessment and Program Evaluation:

School Readiness

Minn. Stat. § 124D.15.

…Subd. 3. A school readiness program provider must:

(1) assess each child's cognitive skills when the child enters and again before the child leaves the program to inform program planning and promote kindergarten readiness…

Subd. 3a. …(b) Programs receiving school readiness funds annually must submit a report to the department.

First-Grade Preparedness

No assessment or evaluation requirements.


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