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Overview
Nebraska has a competitive grant system through which it funds preschool programs
through public schools and educational service units. These public entities
are required to collaborate with community initiatives and programs. State
grants cover up to 50% of the total budget of the recipient programs, and grantees
are required to supplement state funding with local, other state, federal,
and private funds, including parent fees. The program must allocate 70% of
its funds to serve children in four target populations: low-income, English
language learners, teenage parents, and those who were premature or low birth
weight as infants. According to the National Institute for
Early Education Research (NIEER), Nebraska served 4% of four-year-olds
and 2% of three-year-olds in the state preschool program in 2005-2006. Funding
for the pre-k program was increased by 85% for FY 2005-2006 through FY 2006-2007.
An amendment to the Nebraska state constitution, passed by voters in November
2006, creates a $60 million public-private endowment fund expected to generate
$2.4 million a year in revenue to fund birth-to-five development and education
programs.
State Policy
The legislation implementing Nebraska’s preschool
program recognizes that high quality early childhood education is a sound public
investment of funds because such programs increase the likelihood that children
who participate will enter school prepared to achieve high standards. In November
2006, the citizens of Nebraska recognized the importance of early childhood
education by amending the constitution to allow state school funds to be used
for early childhood educational purposes, and to create an early childhood
education endowment fund to support state-operated programs "promoting
development and learning for children from birth to kindergarten-entrance age."
Eligibility Criteria
Most children in Nebraska’s early childhood program are ages three and
four, but children from birth up to kindergarten entrance age are eligible.
The program must allocate at least 70% of its funds to serve children in four target
populations:
low-income status based on eligibility for the federal free or reduced lunch
program; English language learners; those with parents under 18 or who did
not finish high school; and those who were premature or low birth weight as
infants.
Program Length/Duration
The grant program funds both full-day and part-day programs.
Programs must operate at least twelve hours a
week during the school year.
Funding
The Nebraska early childhood grant program is funded through
appropriations of the state legislature. The Department of Education allocates
grants to local school districts or educational
service units, which may subcontract with non-public programs. Grants are limited
to 50 percent of the program budget. Each early
childhood program must look to other local, state and federal sources
of funding for
the balance, including parent fees based on a sliding scale.
State funding for the early childhood grant program has been limited and,
according to NIEER, was less than $2.1 million in 2002-2003. In 2005, the legislature
increased funding by 85% to $3,680,471 per year in FY 2005-06 and
FY 2006-07, and funding will remain level through FY 2008-09. Even with this
increased level of funding, the program will be able to serve only about half
of all eligible children. Significantly, in a
step toward stabilizing funding for preschool, additional legislation was
passed in 2005 that provides for the inclusion of four-year-old prekindergarten
students in the state aid funding formula
for districts that have funded a preschool program under the grant program
for three consecutive years. About $1.7 million in state school aid is anticipated
to flow to pre-k classrooms in FY 2007-08. Furthermore, Nebraska amended its
constitution in November 2006 to specify that state public school funds and
revenues are
also to be used for the support of state-operated early childhood education
and development programs for children birth-to-five.
The constitutional amendment also creates an early childhood education endowment fund to support state-operated
programs, including preschool, "for children from birth to kindergarten-entrance
age." The endowment fund will be seeded with $40 million in state funds
and $20 million from private donors, expected to generate about $2.4 million
a year.
Quality Standards
In a national survey
of quality standards,
the National Institute for Early Education Research (NIEER) gave Nebraska’s
preschool program a rating of five out of ten. The program requirements meet
NIEER’s benchmark for teacher qualifications.
Lead teachers are required to hold a bachelor’s degree and have an endorsement
in early childhood education, early childhood special education, preschool
disabilities or early childhood unified. Assistant teachers must possess the
equivalent of a CDA (12 credit hours).
The state does not, however, meet NIEER’s benchmark of at least 15 hours
per year of in-service teacher training. Nebraska
requires programs to have a 1:10 staff-child ratio with
a class size limit of 20, meeting NIEER’s standards in these areas.
It also requires family
support services, meal service, and site visits, but no health screening
or referrals, thus failing to meet NIEER’s
benchmarks in these areas. The state has developed curriculum guidelines
that satisfy NIEER’s standard
for comprehensive early learning standards.
Delivery of Preschool Services
The Nebraska department of education administers the Early Childhood Education Grant Program. Grants are provided to public school districts and educational service units, which are encouraged to collaborate amongst
themselves and with private providers. The law emphasizes coordination
with existing programs that
receive funds from other public and private sources, such as Head Start, Early
Intervention and special education funding.
Requirements for Student Assessment and Program Evaluation
Programs must have a student assessment component that allows for monitoring of
student progress using a valid and reliable assessment tool. Grantees must
also participate in a program evaluation and quality assurance process and
submit a periodic evaluation report to the Department
of Education. In addition, the Department must submit a biannual evaluation
of the grant program to the State Board and the Legislature.
Education Clause in State Constitution
The state constitution provides that "the Legislature
shall provide for the free instruction in the common schools of this state
of all persons between the ages of five and twenty-one years." Amendments
to the state constitution in November 2006 specify that the purpose of state
public school funds, in addition to supporting education beginning in kindergarten,
is to support and maintain "programs operated by or distributed through
the common schools promoting development and learning for children from birth
to kindergarten-entrance age."
Summary of Case Law on School Finance System
There has been no judicial finding that public education
is a fundamental right under
the State Constitution. In a 1993 case, Gould v. Orr,,
the Nebraska Supreme Court dismissed the petition because plaintiffs had failed
to allege that unequal funding of schools affected the quality of the education
students received. A second school finance challenge, Douglas
County School Dist. v. Heineman, was
filed in 2003 on behalf of Omaha Public Schools and several other urban school
districts. Plaintiffs allege that the school funding system fails to provide
sufficient resources to allow children in low-wealth districts to receive
a constitutionally adequate education and equal educational opportunity. In
2004, the trial court granted in part the State’s motion to dismiss, ruling
that plaintiffs’ adequacy claims under the education clause of
the State Constitution raised non-justiciable political questions. The case
is going forward on plaintiffs’ claims under the State equal protection
and due process clauses.
A consortium of rural school districts filed another
school finance case, NCEEA v. Heineman in
2004 alleging the state education finance system is unconstitutional in
that it fails to provide
sufficient resources to enable students in low-wealth rural districts to
receive an adequate education under the State education clause. The state
Supreme Court dismissed the case in 2007, holding that it involved only
non-justiciable political questions.
Summary of Case Law on Preschool
A school finance case currently pending in Nebraska
seeks increased state funding for preschool education.
Neb. Const. Art. I, § 4
[K]nowledge . . . being essential to good government, it shall be the duty
of the Legislature to pass suitable laws . . . to encourage schools and the
means of instruction.
Neb. Const. Art. VII, § 1
The Legislature shall provide for the free instruction in the common schools
of this state of all persons between the ages of five and twenty-one years.
The Legislature may provide for the education of other persons in educational
institutions owned and controlled by the state or a political subdivision thereof.
Neb. Const. Art. VII, § 9
(1) The following funds shall be exclusively used for the support and maintenance
of the common schools in each school district in the state or for early childhood
education operated by or distributed through the common schools as provided
in subsection (3) of this section, as the Legislature shall provide:
(a) Income arising from the perpetual funds;
(b) The income from the unsold school lands, except that costs of administration
shall be deducted from the income before it is so applied;
(c) All other grants, gifts, and devises that have been or may hereafter be
made to the state which are not otherwise appropriated by the terms of the
grant, gift, or devise; and
(d) Such other support as the Legislature may provide.
(2) No distribution or appropriation shall be made to any school district
for the year in which school is not maintained for the minimum term required
by law.
(3) (a) An early childhood education endowment fund
shall be created for the purpose of supporting early childhood education
in this state as provided
by the Legislature.
(b) An amount equal to forty million dollars of the funds belonging to the
state for common school and early childhood educational purposes operated by
or distributed through the common schools described in Article VII, section
7, of this Constitution shall be allocated for the early childhood education
endowment fund.
(c) Only interest or income on such early childhood education endowment fund
may be appropriated as provided by the Legislature for the benefit of the common
schools and for the exclusive purpose of supporting early childhood education
in this state.
(d) For purposes of Article VII of this Constitution, early childhood education
means programs operated by or distributed through the common schools promoting
development and learning for children from birth to kindergarten-entrance age.
(e) If the annual income from twenty million dollars of private funding is
not irrevocably committed by July 1, 2011, to the use of the early childhood
education endowment fund, then the forty-million-dollar allocation pursuant
to subdivision (3)(b) of this section may revert to the use of the common schools
as the Legislature shall determine.
Is Education a Fundamental
Right under the State Constitution?
There has been no judicial determination to the effect that public education
is a fundamental right under the state constitution. In 1996, Nebraska voters
rejected Initiative 411, which would have amended the state constitution "to
make quality education a fundamental constitutional right of each person" (as
well as to "make ‘thorough and efficient education’ of every person between
the ages of 5 and 21 in the common schools the ‘paramount duty’ of the state" and
to "direct the Legislature to establish a school finance system which
provides for thorough education in efficiently operated public schools"). See Douglas
Cty. Sch. Dist. 0001 a/k/a Omaha Public Schools v. Johanns, Dist. Ct. Douglas
Cty., Doc. 1028 page 120, Order dated May 14, 2004, at 20.
School Finance Cases in Favor
of Plaintiffs:
None.
Standard for a Constitutionally
Adequate Education:
None.
School Finance Cases against
Plaintiffs:
Gould v. Orr, 244 Neb. 163, 506 N.W.2d 349 (1993)
Plaintiffs, parents and their children, alleged that the state's statutory
scheme for financing public schools denied them equal protection of law, equal
and adequate educational opportunity, and uniform proportionate taxation. The
Nebraska Supreme Court upheld the grant of summary judgment against the plaintiffs,
ruling that their petition failed to state a cause of action because it failed
to allege that unequal funding of schools affected the quality of the education
that the students were receiving.
NCEEA v. Heineman, 273 Neb. 531, 731 N.W.2d 164 (2007)
The Nebraska Coalition for Education Equity and Adequacy
-- a coalition of 34 rural school districts -- and two individual school districts
and parents in those districts filed this case in 2004, alleging that the State’s
education finance system violated the education clause in the State Constitution
because it failed to provide school districts with the resources needed to
educate students to become productive citizens, find meaningful employment,
and qualify for higher education. Specifically, plaintiffs alleged that the
State fails to adequately fund school facilities, quality teaching, vocational
education, a college prep curriculum, other essential programs and services,
and preschool education.
In October 2005, the trial court granted the State’s motion
to dismiss the case, concurring with and adopting the May 2004 trial court
ruling in Douglas County Sch. Dist., et al., v. Heineman, which found
that education adequacy claims raised political questions to be decided by
the legislature. The Nebraska Supreme Court affirmed the dismissal on May 11,
2007.
Decisions Ruling School Finance
Issues Were Non-Justiciable:
Douglas Cty. Sch. Dist. 0001 a/k/a Omaha Public Schools v. Heineman, Dist.
Ct. Douglas Cty., Doc. 1028 page 120, filed June 2003
In May 2004, the trial court in this pending school finance case granted in
part the state’s motion to dismiss, ruling that plaintiffs’ adequacy
claims under the education clause of the State Constitution raised non-justiciable
political
questions.
NCEEA v. Heineman, 273 Neb. 531, 553-554, 731 N.W.2d 164 (2007)
In October 2005, the trial court in this school finance case granted the
State’s
motion to dismiss the case, concurring with and adopting the May 2004 trial
court ruling in Douglas County Sch. Dist., et al., v. Heineman (discussed above),
and the Nebraska Supreme Court affirmed the dismissal: “We conclude that
the relationship between school funding and educational quality requires a
policy determination that is clearly for the legislative branch.”
Cases Related to State-Funded
Preschool:
Plaintiffs in the pending Douglas
County/OPS case, discussed below, are seeking additional state funding
for preschool education under both an adequacy and equal protection theory.
In the NCEEA case, discussed above, plaintiffs had sought
state funding for preschool under an adequacy theory.
Pending School Finance Cases:
Douglas Cty. Sch. Dist. 0001 a/k/a Omaha Public Schools v. Heineman, Dist.
Ct. Douglas Cty., Doc. 1028 page 120, filed June 2003
Case filed in June 2003. Plaintiffs -- the Omaha
School District, taxpayers and parents residing in the district, and an organization
representing several other urban districts -- claim that the State’s education
finance system is unconstitutional in that it fails to provide sufficient
resources to allow children in their districts to obtain an adequate education
or equal opportunity to meet academic standards set by state and federal
laws. Plaintiffs are pursuing a claim for state-funded preschool under both
an adequacy and equal protection theory.
In May 2004, the trial court granted, in part,
the State’s motion to dismiss the complaint. The court dismissed plaintiffs’ adequacy
claim under the education clause in the State Constitution on the ground
that it raised non-justiciable political questions. Plainitiffs’ case remains
pending as to claims based on equal protection, due process and the constitutional
prohibition of special legislation.
A copy of plaintiffs' complaint, the trial court's
May 2004 order on defendant's motion to dismiss and other legal documents
in the case are available on the website for the Nebraska
Schools Trust.
Nebraska Revised Statutes (Neb. Rev. Stat.) § 79-1101 et seq., Early Childhood
Act
Nebraska Revised Statutes (Neb. Rev. Stat.) § 79-1003, Tax Equity and
Educational Opportunity Support Act
92 Nebraska Administrative Code (Neb. Admin. Code) Ch. 11, Regulations
for Early Childhood Education Programs
92 Nebraska Administrative Code (Neb. Admin. Code) Ch. 11 § 004, Requirements
for Early Childhood Education Programs Established by School Boards or Educational
Service Units
92 Nebraska Administrative Code (Neb. Admin. Code) Ch. 11 § 005,
Early Childhood Education Grants
Provisions Expressing State
Policy on Preschool:
Neb. Rev. Stat. § 79-1101.
(1) The Legislature finds and declares that: (a) Early childhood education
programs can assist children in achieving their potential as citizens, workers,
and human beings and can strengthen families; (b) early childhood education
has been proven to be a sound public investment of funds not only in assuring
productive, taxpaying workers in the economy but also in avoidance of increasingly
expensive social costs for those who drop out as productive members of society;
(c) the key ingredient in an effective early childhood education program is
a strong family development and support component because the role of the parent
is of critical importance; (d) while all children can benefit from quality,
developmentally appropriate early childhood education experiences, such experiences
are especially important for at-risk infants and children; (e) current early
childhood education programs serve only a fraction of Nebraska's children and
the quality of current programs varies widely; (f) well-designed early childhood
education programs increase the likelihood that children who participate will
enter school prepared to achieve high standards; (g) effective early childhood
education programs require staff with knowledge about child growth, development,
and learning and family systems; and (h) both public and nonpublic programs
which meet recognized standards of quality can address the growth, development,
and learning needs of young children.
(2) It is the intent of the Legislature and the public policy of this state
to encourage schools and community-based organizations to work together to
provide high-quality early childhood education programs for infants and young
children which include family involvement. The purposes of sections 79-1101
to 79-1104 are to provide state assistance to selected school districts, cooperatives
of school districts, and educational service units for early childhood education,
to encourage coordination between public and private service providers of early
childhood education and child care programs, and to provide state support for
efforts to improve training opportunities for staff in such programs. . . .
Neb. Const. Art. VII, § 9(3)
(a) An early childhood education endowment fund shall be created for the purpose
of supporting early childhood education in this state as provided by the Legislature.
… (d) For purposes of Article VII of this Constitution,
early childhood education means programs operated by or distributed through
the common schools promoting
development and learning for children from birth to kindergarten-entrance age.
Eligibility Criteria for State Preschool Program:
Neb. Rev. Stat. § 79-101(4) Prekindergarten programs means all early
childhood programs provided for children who have not reached the age of five
by October 15 of the current school year .
Neb. Rev. Stat. § 79-1101(3). . . . for children from birth to kindergarten-entrance
age . . .
92 Neb. Admin. Code Ch. 11 § 002.11. Prekindergarten
programs means all early childhood programs provided for children who have
not reached the age of five by October 15 of the current school year.
92 Neb. Admin. Code Ch. 11 § 005.01.
005.01A All prekindergarten age children , regardless
of their abilities, disabilities, or the
social, linguistic, or economic diversity of the children's families
are eligible to be served with grant funds.
005.01B Grant funds shall be targeted toward serving
the following prekindergarten-age children:
005.01B1 Children whose family income qualifies them for participation in
the federal free or reduced lunch program.
005.01B2 Children who reside in a home where a language
other than spoken English is used as the primary means of communication.
005.01B3 Children whose parents are younger than
eighteen or who have not completed high school.
005.01B4 Children who were born prematurely or at low birth
weight as verified by a physician.
005.01C Up to thirty percent of the funds granted
to each early childhood education program under this Chapter may be used to
offset program costs for children who are not identified in Sections 005.01B1
through 005.01B4 or who are not supported through any of the funding sources
listed in Section 004.02b through 004.02k, in order to maximize the participation
of children from diverse groups.
005.01D Early Childhood Education Program
Grant funds shall not be used to support the participation of children who
are eligible by age to enroll in
kindergarten (those who reach age five by October 15 of the current year).
Program Length/Duration:
Neb. Rev. Stat. § 79-1101(3). . . . any prekindergarten part-day or
full-day program . . . .
92 Neb. Admin. Code Ch. 11 § 002.06.
Early childhood education program means any prekindergarten part-day
or full-day program …
92 Neb. Admin. Code Ch. 11 § 004.04. The
program shall operate a minimum of twelve (12) instructional hours per week
during the school term year. Programs receiving grant funds pursuant to Section
005 of this Chapter or receiving Tax Equity and Educational Opportunities Support
Act (TEEOSA) funds shall operate a minimum of four hundred and fifty (450)
instructional hours per school year.
Scope of State’s Responsibility to Provide Preschool:
Neb. Rev. Stat. §79-1103(1)(a). The State Department of Education
shall establish and administer the Early Childhood Education Grant Program.
. .
.
Neb. Rev. Stat. § 79-1104(1). Any school board in its discretion may
(a) establish . . . and financially support programs providing prekindergarten
services, to which attendance shall be voluntary and which the board may deem
beneficial to the education of prekindergarten children ... and (b) provide
or financially support transportation for children to, from, or to and from
programs
as defined in section 71-1910. . . .
92 Neb. Admin. Code Ch. 11 § 005.002A. For years in which grant funds
are available, the Department shall issue a Request for Proposals (RFP)
for early childhood education grants.
Scope of State's Responsibility to Fund Preschool:
Neb. Rev. Stat. §79-1103.
(1) (a) . . . The department shall request
proposals for early childhood education programs . . . .
(b) The first priority shall be for (i) continuation grants
for programs that received grants in the prior school fiscal year and for which
the state aid
calculation pursuant to the Tax Equity and Educational Opportunities Support
Act does not include early childhood education students, in an amount equal
to the amount of such grant, except that if the grant was a first-year grant
the amount shall be reduced by thirty-three percent, (ii) continuation
grants for programs for which the state aid calculation pursuant to the act
includes early childhood education students, in an amount equal the amount
of the grant for the school fiscal year prior to the first school fiscal year
for which early childhood education students were included in the state aid
calculation for the school district's local system minus the calculated state
aid amount, and (iii) for school fiscal year 2007-08, continuation grants
for programs for which the state aid calculation pursuant to the act includes
early childhood education students, but such state aid calculation does not
result in the school district receiving any equalization aid, in an amount
equal to the amount of the grant received in school fiscal year 2006-07. The
calculated state aid amount shall be calculated by multiplying the cost grouping
cost per student for the school district's local system cost
grouping by the adjusted formula students attributed to the early childhood
education programs pursuant to the Tax Equity and Educational Opportunities
Support Act.
(c) The second priority shall be for new grants and expansion grants for programs
that will serve at-risk children who will be eligible to attend kindergarten
the following school year. New grants may be given for up to three years in
an amount up to one-half of the total budget of the program per year. Expansion
grants may be given for one year in an amount up to one-half of the budget
for expanding the capacity of the program to serve additional children.
(d) The third priority shall be for new grants, expansion grants, and continuation
grants for programs serving children younger than those who will be eligible
to attend kindergarten the following school year. New grants may be given for
up to three years in an amount up to one-half the total budget of the program
per year. Expansion grants may be given for one year in an amount up to one-half
the budget for expanding the capacity of the program to serve additional children.
Continuation grants under this priority may be given annually in an amount
up to one-half the total budget of the program per year minus any continuation
grants received under the first priority.
(2) Each program proposal which is approved by the department shall include
. . . (e) a plan to use sliding fee scales. . . to maximize the participation
of economically and categorically diverse groups and to
ensure that participating children and families have access to comprehensive
services. . . .
(3) The department shall make an effort to fund programs widely distributed
across the state in both rural and urban areas.
. . . (5) Programs may be approved for purposes of the Tax Equity and Educational
Opportunities Support Act, expansion grants, and continuation grants on the
submission of a continuation plan demonstrating that the program will continue
to meet the requirements of subsection (2) of this section and a proposed operating
budget demonstrating that the program will continue to receive resources from
other sources equal to or greater than the sum of any grant received pursuant
to this section for the prior school year plus any calculated state aid...
Neb. Rev. Stat. § 79-1104(1). Any school board in its discretion may
(a) establish and financially support programs providing . . . prekindergarten
services . . . and (b) provide or financially support transportation for children
to, from, or to and from [such] programs. . . . The board may charge a fee,
not to exceed the actual cost, for providing such programs and services but
may waive such fee on the basis of need. . . .
92 Neb. Admin. Code Ch. 11 § 005.
005.03 Grant Funding.
005.03A Each early childhood
education program approved under the provisions of Section 005.02 shall
be eligible for grant funding of up to fifty percent of the total approved
budget of the program, subject to the following:
005.03A1 Appropriation of the funds by the Legislature.
005.03A2 An annual review of compliance with this Chapter.
Source of Funding for Preschool Program:
Neb. Const. Art. VII, § 9(3)
(a) An early childhood education endowment fund shall be created for the purpose
of supporting early childhood education in this state as provided by the Legislature.
(b) An amount equal to forty million dollars of the funds belonging to the
state for common school and early childhood educational purposes operated by
or distributed through the common schools described in Article VII, section
7, of this Constitution shall be allocated for the early childhood education
endowment fund.
(c) Only interest or income on such early childhood education endowment fund
may be appropriated as provided by the Legislature for the benefit of the common
schools and for the exclusive purpose of supporting early childhood education
in this state.
(d) For purposes of Article VII of this Constitution, early childhood education
means programs operated by or distributed through the common schools promoting
development and learning for children from birth to kindergarten-entrance age.
(e) If the annual income from twenty million dollars of private funding is
not irrevocably committed by July 1, 2011, to the use of the early childhood
education endowment fund, then the forty-million-dollar allocation pursuant
to subdivision (3)(b) of this section may revert to the use of the common schools
as the Legislature shall determine.
Neb. Rev. Stat. § 79-1003
…(19) Formula students means (a) for state aid
certified pursuant to section 79-1022, the sum of fall membership from the
school fiscal year immediately
preceding the school fiscal year in which the aid is to be paid, multiplied
by the average ratio of average daily membership to fall membership for the
second school fiscal year immediately preceding the school fiscal year in which
aid is to be paid and the prior two school fiscal years, plus qualified
early childhood education fall membership plus tuitioned students from the
school fiscal year immediately preceding the school fiscal year in which the
aid is to be paid and (b) for final calculation of state aid pursuant to section
79-1065, the sum of average daily membership plus qualified early childhood
education average daily membership plus tuitioned students from the school
fiscal year immediately preceding the school fiscal year in which the aid was
paid;
…(34) Qualified early childhood education average
daily membership means the product of the average daily membership for school
fiscal year 2006-07 and
each school fiscal year thereafter of students who will be eligible to attend
kindergarten the following school year and are enrolled in an early childhood
education program approved by the department pursuant to section 79-1103 for
such school district for such school year if: (a) The program is receiving
a grant pursuant to such section for the third year; (b) the program has already
received grants pursuant to such section for three years; or (c) the program
has been approved pursuant to subsection (5) of section 79-1103 for such school
year and the two preceding school years, including any such students in portions
of any of such programs receiving an expansion grant, multiplied by the ratio
of the actual instructional hours of the program divided by one thousand thirty-two;
(35) Qualified early childhood education fall membership
means the product of membership on the last Friday in September 2006 and each
year thereafter
of students who will be eligible to attend kindergarten the following school
year and are enrolled in an early childhood education program approved by the
department pursuant to section 79-1103 for such school district for such school
year if: (a) The program is receiving a grant pursuant to such section for
the third year; (b) the program has already received grants pursuant to such
section for three years; or (c) the program has been approved pursuant to subsection
(5) of section 79-1103 for such school year and the two preceding school years,
including any such students in portions of any of such programs receiving an
expansion grant, multiplied by the ratio of the planned instructional hours
of the program divided by one thousand thirty-two;
Neb. Rev. Stat. § 79-1007.01
For state aid calculated for school fiscal years prior
to 2008-09:
(1) The adjusted formula students for each local system shall be calculated
by:
(a) Multiplying the formula students in each grade range by the corresponding
weighting factors to calculate the weighted formula students for each grade
range as follows:
(i) The weighting factor for early childhood education programs is six-tenths;
[Under Neb. Rev. Stat. § 79-1007.03, the same adjustment
and weighting for early childhood education programs applies for school fiscal
year 2008-09 and subsequent years.]
92 Neb. Admin. Code Ch. 11 § 003.01 Approval Requirements.
Early childhood education programs established by school
boards or educational service units shall be approved
by the Board pursuant to this Chapter upon the recommendation
of the Commissioner. ...
92 Neb. Admin. Code Ch. 11 § 005.02A For years in which grant funds
are available, the Department shall issue a Request for Proposals (RFP) for
early
childhood education grants.
92 Neb. Admin. Code Ch. 11 § 004.02
Each program shall develop, and keep on file, a written
budget plan to show that the program will be coordinated or contracted with
existing programs and funding sources. The budget plan shall include a locally-developed
sliding scale formula for parent fees in order to maximize the participation
of economically and categorically diverse groups of children and to ensure
that participating children and families have access to comprehensive services.
Existing programs and funding sources include, but are not limited to:
004.02A Grants provided through the Early Childhood Education Grant Program under
Neb. Rev. Stat. 79-1103.
004.02B Funds provided for children with disabilities
below five years of age through the Special Education Act, the Early Intervention
Act, and funds
available through the flexible funding provisions under the Special Education
Act.
004.02C The federal Head Start program.
004.02D The federal Even Start Family Literacy
Program.
004.02E Title I of the federal funds provided
through the Elementary and Secondary Education Act and subsequent reauthorizations
or other appropriate
federal
legislation.
004.02F Child care assistance through the Health
and Human Services System.
004.02G Local district funds.
004.02H Funds obtained through contracts with other
districts, such as contracts to provide services to children below age five
with disabilities
pursuant to 92 NAC 51.
004.02I Private grants and gifts.
004.02J Parent fees from the program’s locally
developed sliding scale.
004.02K Nonpublic early childhood education programs which meet
the requirements of Neb. Rev. Stat. 79-1104(2).
92 Neb. Admin. Code Ch. 11 § 005.03A. Each Early Childhood
Education Program approved under the provisions of Section 005.02 shall be
eligible for grant funding
of up to fifty percent of the total approved budget of the program, subject
to the following:
005.03A1 Appropriation of the funds by the
Legislature.
Scope of Child's Right to Attend
Preschool:
92 Neb. Admin. Code Ch. 11 § 005.03A. Each Early Childhood Education
Program approved under the provisions of Section 005.02 shall be eligible for
grant funding
of up to fifty percent of the total approved budget of the program, subject
to the following:
005.03A1 Appropriation of the funds by the Legislature.
Curriculum Content Standards
for Preschool Program:
Neb. Rev. Stat. §79-1103(2). Each [early childhood education] program
proposal which is accepted by the department shall include . . . (m) developmentally
and culturally appropriate curriculum, practices, and assessment, (n) sensitivity
to the economic and logistical needs and circumstances of families in the provision
of services, (o) integration of children of diverse social and economic characteristics
. . . (q) continuity with programs in kindergarten and elementary grades, ...
(s) well-defined language development and early literacy emphasis, including
the
involvement of parents in family literacy activities. ...
Neb. Rev. Stat. § 79-1104(2)
Prekindergarten programs established by school boards or educational service
units shall be approved by the State Department of Education subject to
regulations adopted and promulgated by the State Board of Education and
may include such
components as … (g) developmentally and culturally appropriate curriculum,
practices, and assessment, (h) well-defined language development and early
literacy emphasis …
92 Neb. Admin. Code Ch. 11 § 004.10. The early childhood education
program shall provide a play-oriented learning environment, which facilitates
the optimal growth and development of children, with opportunities for age
appropriate learning experiences through active involvement with people and
materials.
004.10A A written plan shall be developed to explain
the program. The written program plan shall include a description of how the
program curriculum, practices and assessment provide a variety of developmentally
appropriate, experiential activities
which:
004.10A1 Promote a positive self-concept in each
child.
004.10A2 Develop social skills in each child.
004.10A3 Encourage each child to think, reason,
question, and experiment.
004.10A4 Foster both receptive and expressive language
development and provide early literacy experiences.
004.10A5 Incorporate family literacy experiences.
004.10A6 Develop an understanding of quantities
of things, of time, and of space.
004.10A7 Enhance each child's physical development
and skills.
004.10A8 Encourage sound safety, health, and nutritional
practices, including avoidance of controlled substances.
004.10A9 Stimulate each child in creative expression
and appreciation of the arts.
004.10A10 Include exploratory play in a language-
and literacy- rich environment during a majority of the daily schedule.
004.10A11 Reflect and respect the diversity of races,
national origins, gender, and physical
and mental abilities
in the larger society and with particular emphasis on the cultural and ethnic
backgrounds of the children enrolled through planned activities, use of materials,
and use of equipment.
004.10A12 Use positive, age-appropriate techniques
of child guidance including redirection, anticipation, and elimination
of potential problems,
and encouragement. . . .
... 004.10A14 Link the Early Childhood
Education Program to the district's kindergarten/primary program
through a written
transition plan insuring continuity identification and implementation of processes
necessary to facilitate the transition of children. ...
004.10A15 Include a well-defined language development and early literacy emphasis,
including the involvement of parents in family literacy activities.
Nebraska Early Learning Guidelines.
Use of the Guidelines is voluntary. The guidelines provide information related
to seven domains or areas of learning and development:
- Social
and Emotional Development
- Approaches
to Learning
- Health
and Physical Development
- Language
and Literacy
- Mathematics
- Science
- Creative
Arts
Sample:
Child develops numeral awareness
- Correctly counts up to ten
- Correctly judges whether groups of five objects each contain the same number
of objects
- Uses one to one matching
The Adult:
- Offers counting activities, number puzzles and books
- Provides counting finger plays, books, songs and other activities and materials
throughout the daily routine and program
- Provides opportunities for children to pair objects, to count, and to develop
and practice numerical vocabulary
Teacher Certification/Qualification
Standards for Preschool Program:
Neb. Rev. Stat. § 79-1104(2)
Prekindergarten programs established by school boards or educational service
units shall be approved by the State Department of Education subject to
regulations adopted and promulgated by the State Board of Education and
may include such
components as (a) the utilization of appropriately qualified staff, … and
(i) a plan for ongoing professional development of staff, all in accordance
with sound early childhood educational practice, research, and evaluation.
All teachers and administrators in prekindergarten programs established pursuant
to this section shall hold a valid certificate or permit issued pursuant
to sections 79-806 to 79-815. The State Board of Education shall adopt and
promulgate rules and regulations for the issuance of such permits or certificates
required by this section.
92 Neb. Admin. Code Ch. 11 § 004.08. The program shall hire, utilize,
and provide staff development for qualified staff as set forth below.
004.08A Teacher. Any teacher in an early childhood education program shall
hold a valid Nebraska Teaching Certificate with an endorsement in Early Childhood
Education, Early Childhood Special Education,
Preschool
Disabilities, or Early Childhood Education Unified. A program may employ a
teacher without such an endorsement if the teacher files a plan to complete
the endorsement with the Department as part of the annual Early Childhood Program
Report. The plan will require the teacher to receive at least three (3) semester
hours of credit annually toward completion of the endorsement. When fifty percent
(50%) of the required courses have been completed, the teacher is eligible
for a provisional endorsement pursuant to 92 NAC 24 which is valid for three
(3) years and can be renewed upon completion of at least fifteen (15) credit
hours.
004.08B Paraeducator. A paraeducator assigned to work as a member of a classroom
team shall have received at least twelve (12) semester hours of undergraduate
or graduate credit in
child
development/early childhood education, or the equivalent in prior training
or experience as determined by the Commissioner or his or her designee.
Equivalencies include, but are not limited to the following:
004.08B1 Holding a current Child Development Associate Credential issued by
the Council for Early Childhood Professional Recognition in Washington, D.C.
shall be an equivalent for the twelve (12) semester hour requirement.
004.08B2 Holding a current Nebraska teaching certificate with a K6 elementary
endorsement shall be an equivalent for the twelve (12) semester hour requirement.
004.08B3 Each two (2) years of employment in a program serving children birth
through second grade shall be an equivalency for three (3) credit hours
of the twelve (12) semester hour requirement. This experience may count
for
a maximum of six (6) of the twelve (12) semester hour requirement.
004.08B4 Early childhood training hours (including web-based training)
provided by or sponsored by the Nebraska Department of Education Office
of Early Childhood
shall count toward the twelve (12) semester hour requirement. Fifteen
(15) clock hours constitute one (1) semester hour.
004.08B5 The program may employ a paraeducator who does not meet the
twelve (12) semester hour requirement as long as the paraeducator completes
a
minimum of six (6) semester hours or the equivalent in training or
experience within
the first year of employment and meets full twelve (12) semester hour
requirement before the end of the second year of employment.
004.08C Language Resource. If the majority of children enrolled in the
program use a common language other than spoken English, at least one teacher
or other staff member who uses
such language
shall be available as an active participant to communicate with such children
in classroom or group experiences. Where less than a majority of the children
enrolled in the program speak a language different from the rest, one staff
member or a community resource person or
parent shall be identified to serve as a resource to the program.
004.08D Staff Development Plans. There shall be a written plan detailing
staff development opportunities for all staff working in the program who have
regular contact
with children and their families.
004.08E Staff Development Hours. Teachers and paraeducators
who have regular contact with children in early childhood programs shall participate
in at least twelve (12)
clock hours annually of staff development related to early childhood education
or child development.
004.08F Background checks. Program Staff who are not required to hold a Nebraska
Teaching Certificate and who have contact with children shall be checked by
program administration
against the Nebraska Central Registry of Child Abuse and Neglect and the Nebraska
Adult Protective Services Registry before being hired.
Other Quality Standards for Preschool Program:
Neb. Rev. Stat. § 79-1104(2)
Prekindergarten programs established by school boards or educational service
units shall be approved by the State Department of Education subject to
regulations adopted and promulgated by the State Board of Education and
may include such
components as (a) the utilization of appropriately qualified staff, (b)
an appropriate child-to-staff ratio, (c) appropriate group size, (d) compliance
with minimum health and safety standards, (e) appropriate facility size
and
equipment, (f) a strong family development and support component, (g) developmentally
and culturally appropriate curriculum, practices, and assessment, (h) well-defined
language development and early literacy emphasis, and (i) a plan for ongoing
professional development of staff, all in accordance with sound early childhood
educational practice, research, and evaluation. …
92 Neb. Admin. Code Ch. 11 § 004. Requirements for Early Childhood
Education Programs Established by School Boards or Educational Service
Units. ...
004.06 Each
program shall provide a strong family development and support component
which recognizes
the central role of parents in their children's development and establishes
a working partnership with each parent. The family development and support
component shall include, as a minimum:
. . . 004.06C At least two home visits per year between the parent(s) and
the teacher to discuss the child's development and learning. These visits may
occur in locations other than the home as determined by the parent(s) and
teacher.
004.06D Specified opportunities for program staff to dialogue with parents
through such activities as parent conferences, participation on advisory committees,
needs assessments, participation
as classroom volunteers, and flexible scheduling of meetings and events.
004.06E Family development, support, and services based on the family's
needs and interests, including but not limited to their economic and logistical
needs.
004.07 Meals and or Snacks. Each program shall provide at least one meal and
or snack that meets USDA guidelines.
004.09 Child/staff ratios and group sizes shall
be maintained as indicated below with staff assigned who meet the qualifications
described in Section
004.08. When age groups are mixed, the lower ratio shall prevail.
. . . 004.09C If the program serves children, age three (3) years to kindergarten
entrance age, one (1) staff member shall hold a valid Nebraska Teaching Certificate
for each group of twenty (20) children. A paraeducator or additional teacher
shall be assigned to assure a ratio of at least one (1) adult for each ten
(10) children
with
a maximum
group size of twenty.
. . . 004.11 Facilities, Health, and Safety.
004.11A Classrooms shall provide at least thirty-five (35) square feet per
child of space usable by the children.
004.11B An outdoor play area that is protected by fences or physical barriers
shall be available which provides at least seventy-five (75) square feet per
child of play space.
004.11C Each classroom and outdoor play area shall be equipped with safe,
durable, age-appropriate equipment and materials for indoor and outdoor activities.
004.11D If needed, modifications of the equipment, materials, and activities
shall be made to assure maximum participation in the ongoing activities of
the program for children with disabilities attending the program.
004.11E Equipment and materials shall be organized into clearly defined areas
of interest which are arranged to encourage independent choice; cooperative
activity; and alteration between quiet and active exploration and teacher-and
child-initiated activities.
004.11F Each early childhood education program shall maintain safe, healthful,
and sanitary conditions within the facilities used for the program and on the
outdoor playground and meet applicable fire, safety, and health codes.
004.11G At least one (1) staff member per classroom who has received first
aid and CPR training specifically designed for children shall be on duty at
all times. Written verification of current
training shall be available.
Delivery of Preschool Services:
Neb. Rev. Stat. §79-1103.
(1)(a) . . . The department shall request proposals
for early childhood education programs from school districts, individually
or in cooperation with other school
districts or educational service units working in cooperation with existing
nonpublic programs which meet the requirements of subsection (2) of section
79-1104.
(2) Each program proposal
which is approved by the department shall include . . . (c) evidence
that the program will be coordinated or contracted
with existing programs, including those listed in subdivision
(d) of this subsection and nonpublic programs which meet the requirements of
subsection
(2) of section 79-1104, (d) a plan to coordinate and use a combination of local,
state, and federal funding sources, including, but not limited to . . . the
federal Head Start program, 42 U.S.C. 9831 et seq., the federal Even Start
Family Literacy Program, 20 U.S.C. 6361 et seq., Title I of the federal Improving
America's Schools Act of 1994, 20 U.S.C. 6301 et seq., and child care assistance
through the Department of Health and Human Services . . . .
92 Neb. Admin. Code Ch. 11 § 005. School districts, individually or
in cooperation with other school districts,
or educational service units working in cooperation with
existing nonpublic programs that operate early childhood education programs
meeting the requirements found in Section 004 may submit an application for
an Early Childhood Education Grant.
. . . 004.01. Each program shall have a planning period. The planning
period shall include activities associated with:
. . . 004.01B. Developing cooperative relationships with nonpublic providers
of early childhood programs, including the development of cooperative agreements
and contracts, if needed to carry out the proposed program. . . .
004.02 Coordination With Existing Programs and Funding Services. Each program
shall develop, and keep on file, a written budget plan to show that the program
will be coordinated or contracted with existing programs and funding sources. … Existing
programs and funding sources include, but are not limited to:
004.02A Grants provided through the Early Childhood Education
Grant Program under Neb. Rev. Stat. 79-1103.
004.02B Funds provided for children with disabilities below five years of
age through the Special Education Act, the Early Intervention Act, and
funds available
through the flexible funding provisions under the Special Education Act.
004.02C The federal Head Start program.
004.02D The federal Even Start Family Literacy Program.
004.02E Title I of the federal funds provided through the Elementary and
Secondary Education Act and subsequent reauthorizations or other appropriate
federal
legislation.
004.02F Child care assistance through the Health and Human Services
System.
004.02G Local district funds.
004.02H Funds obtained through contracts with other school districts,
such as contracts to provide services to children below age five
with disabilities
pursuant to 92 NAC 51.
004.02I Private grants and gifts.
004.02J Parent fees from the program's locally-developed sliding
scale.
004.02K Nonpublic early childhood education programs which
meet the requirements of Neb. Rev. Stat. 79-1104(2).
Requirements for Student Assessment and Program Evaluation:
Neb. Rev. Stat. §79-1103.
. . . (2) Each [Early Childhood Education Grant] program proposal
which is accepted by the department shall include. . . (b) an agreement to
participate in periodic evaluations of the program to be specified by the department,
. . . (f) the establishment of an advisory body which includes families and
community members. . . (p) a sound evaluation component, including at least
one objective measure of child performance and progress . . . .
. . . (4) A report evaluating the programs shall be made to the State Board
of Education and the Legislature by January 1 of each odd-numbered year. Up
to five percent of the total appropriation for the Early Childhood Education
Grant Program may be reserved by the department for evaluation and technical
assistance for the programs.
Neb. Rev. Stat. § 79-1104(2)
Prekindergarten programs … may include such components as … (g)
developmentally and culturally appropriate curriculum, practices, and assessment …
92 Neb. Admin. Code Ch. 11 § 004.10A13 Use
child assessment (evaluation) practices based on documentation gathered through
an established system of ongoing observation and assessment to provide objective
measures of each child’s performance and progress in development and
learning. The assessment data is used to plan activities to meet the individual
needs of children. Any formal assessment tools used must meet accepted standards
of reliability and validity.
92 Neb. Admin.
Code Ch. 11 § 004.12
Evaluation and Quality Assurance. The program shall participate in periodic
program evaluations to assure program quality and positive child outcomes.
The evaluation process will be designed by the Department
and will include, but not be limited to the following:
004.12A An assessment of program quality.
004.12B A report of child outcomes including at least one objective measure
of child performance and progress.
004.12C A plan for dissemination of the results of the
evaluation.
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