State Preschool Program

Overview

New Mexico has had a small preschool program known as the Child Development Program since 1991. The program funds prekindergarten and other early childhood services for children from birth to age five. Prekindergarten programs are delivered by public schools and private childcare providers. According to the National Institute for Early Education Research (NIEER), the Child Development Program served 1% of New Mexico’s four-year-olds in 2005-2006 with a funding level of about $1 million. In the same year, the state spent another $1.54 million to supplement Head Start.

In March 2005, legislation was passed to implement the Voluntary Pre-Kindergarten Program. Although funded at only $5 million through FY 2007, the program is seen as a pilot project that would be expanded to serve all four-year-olds. For now, the program will serve the most disadvantaged and at-risk children. According to NIEER, the Pre-Kindergarten Program served 6% of New Mexico’s four-year-olds in 2005-2006

State Policy

The new Pre-Kindergarten Act includes legislative findings that quality pre-k has a positive effect on children’s development and that it advances governmental interests.

Eligibility Criteria

The Child Development Program serves children birth to five, with local communities determining funding priorities. The new Pre-Kindergarten Program serves four-year-olds. The program will initially focus on communities with high percentages of Title 1 schools and schools that are not meeting the proficiency standard on state assessments. The program is open to all preschoolers in the eligible community, without regard to family income.

Program Length/Duration

The Child Development Program does not regulate program hours, which are determined on a local basis. The new Pre-Kindergarten Program requires a minimum of 450 hours of classroom instruction (equivalent to a 2.5 hour program for 180 school days). An additional 90 hours a year must be devoted to home visits, parent conferences, informational meetings, and other program-related activities for children and families.

Funding

Funding for the Child Development Program is provided from general revenue appropriations through the Children, Youth, and Families Department.

The new Pre-Kindergarten Program is funded through a general revenue appropriation that is divided equally and placed into two separate funds. The Public Education Department oversees the fund for pre-k programs operated by public schools and the Children, Youth and Families Department oversees the fund for programs operated by public and private childcare providers. Providers must submit a proposal for funding to one of these two departments. As noted in the Fiscal Impact Report, the new legislation contained no separate appropriations but there were two separate funding bills that allocated a total of $5 million for the program through fiscal 2007. For FY 2008, $14 million have been allocated, expected to serve about 3,500 four-year-olds. The estimated cost of full implementation of the prekindergarten program is $23 million, assuming half of all four-year-olds remain in Head Start or private care.

Providers will generally be reimbursed at a rate of $2,624.95 per child plus $90 per child for instructional materials. Providers may not charge tuition.

Quality Standards

The National Institute for Early Education Research’s (NIEER) national survey of state preschool programs gave the New Mexico Child Development Program a rating of 4 out of 10 on its list of quality benchmarks. For its first year of implementation, the Pre-Kindergarten Program received a NIEER quality rating of 5 out of 10. The Child Development Program does not have requirements for teacher certification. The new prekindergarten program requires teachers at public school sites to hold an appropriate early childhood, elementary, or special education teacher license. Assistant teachers in the public schools must be licensed as Educational Assistants. Prekindergarten providers outside of the public schools need not have a licensed teacher, but must meet the state childcare licensing standards and have a plan that will result in all lead teachers being licensed within five years. Teacher assistants in these non-public school programs must have a 45-Hour Entry Level Certificate, and within five years must have an associate’s degree in early childhood education. The legislature's fiscal impact report on the new program noted that “program inequities” could result from this two-tiered licensure system. As a result, the new Pre-K program does not meet NIEER’s degree benchmarks for all teachers and assistants in all settings.

The Child Development Program has no requirements regarding class size and staff-child ratio, although providers must comply with the childcare licensing standards. The new prekindergarten program has a maximum class size of 20 and a staff-child ratio of 1:10, meeting the NIEER benchmark.

The State's recently issued learning outcomes meet NIEER’s benchmark for comprehensive prekindergarten curriculum standards and apply to the Pre-Kindergarten Program, but not to the Child Development Program. Providers in the pre-kindergarten programs may choose their own research-based, developmentally appropriate curriculum that meets specified criteria. Both the Child Development Program and the new prekindergarten program emphasize parental involvement in children’s early learning experiences.

The Child Development Program meets NIEER’s benchmark of providing at least one meal a day. The new prekindergarten program falls short of the benchmark: providers must offer a snack, and must provide a meal only if the program meets for more than 3 ½ hours per day.

Delivery of Preschool Services

The Children, Youth and Families Department funds the Child Development Program through grants to eligible entities in selected school districts. School districts participating in the program have the option of operating their own preschool program or contracting with community-based providers, including Head Start. Under the new prekindergarten legislation, a dual system is created whereby private programs, including Head Start and tribal programs, are overseen and funded through the Children, Youth and Families Department and the Public Education Department oversees public school programs.

Pre-kindergarten programs are encouraged to meet, collaborate, and coordinate with other early care and education programs in their community.

Requirements for Student Assessment and Program Evaluation

The Child Development Program requires that participating providers have a process to allow monitoring by the office of child development. The new Pre-Kindergarten Act requires the Public Education Department and the Children, Youth and Families Department to monitor pre-kindergarten provider practices and outcomes. The departments are also required to prepare an annual report to the governor and legislature on the progress of the program. Pre-kindergarten programs will also assess each child’s growth and development in all major domains. New Mexico has retained NIEER to evaluate the quality and effectiveness of the Pre-Kindergarten Program as a whole.

Legal Framework

Education Clause in State Constitution

The education clause of the New Mexico constitution requires a "uniform system of free public schools."

Summary of Case Law on School Finance System

In the Zuni Case, the court found the school finance system unconstitutional with respect to capital funding. It ordered the state to establish a uniform funding system for school construction. The state adopted a new system intended to establish a standards-based, adequacy level for facilities in all districts. In January 2002 a special master reported that the state was making a good faith effort to comply with the court's order, and in the summer of 2002, over the plaintiffs’ objections, the court approved the special master's report.

Summary of Case Law on Preschool

There have not been any cases that raised preschool issues.

Constitutional Provisions on Public Education

N.M. Const. Art. XII, § 1

A uniform system of free public schools sufficient for the education of, and open to, all the children of school age in the state shall be established and maintained.

N.M. Const. Art. XII, § 5

Every child of school age and of sufficient physical and mental ability shall be required to attend a public or other school during such period and for such time as may be prescribed by law.

Case Law on the Right to Public Education and Preschool

Is Education a Fundamental Right under the State Constitution?

No determination to this effect.

School Finance Cases in Favor of Plaintiffs:

Zuni School District v. State, District Court of McKinley County, Case No. CV-98-14-II

Plaintiffs, low-property-wealth school districts, claimed the state’s system of school finance was unconstitutional with respect to capital funding. The court granted partial summary judgment to plaintiffs in October 1999 and ordered the state to establish a uniform funding system for school facilities. The state adopted a new capital funding system intended to establish a standards-based, adequacy level for facilities in all districts. In January 2002 a special master reported that the state was making a good faith effort to comply with the court's order, and in summer of 2002, over the plaintiffs’ objections, the court approved the special master's report.

Standard for a Constitutionally Adequate Education:

No determination to this effect.

School Finance Cases against Plaintiffs:

None.

Decisions Ruling School Finance Issues Were Non-Justiciable:

None.

Cases Related to State-Funded Preschool:

None.

Pending School Finance Cases:

None.

Statutes, Regulations and Guidance Documents on State Preschool Program

New Mexico Statutes (N.M. Stat.) § 22-8-18, Program cost calculation; local school board responsibility

New Mexico Statutes (N.M. Stat.) § 22-8-19, Early childhood education program units

New Mexico Statutes (N.M. Stat.) § 22-8-19.1, Preschool programs; selected districts

New Mexico Statutes (N.M. Stat.) § 32A-16-4, Powers and duties of the child development board

New Mexico Statutes (N.M. Stat.) § 32A-23-1 et seq., Pre-Kindergarten Act, passed March 2005 and signed by the Governor in April 2005

New Mexico Administrative Code (NMAC) 6.30.9.1 et seq., Pre-Kindergarten Program [Public Education Department]

New Mexico Administrative Code (NMAC) 8.18.2.1 et seq., Pre-Kindergarten Programs [Children, Youth and Families Department]

New Mexico’s Pre-K Program Standards (2007) (Cited below as Pre-K Program Standards)

New Mexico Pre-K Proposal Frequently Asked Questions and Answers (2007-2008) (Cited below as Pre-K FAQs)

New Mexico’s Pre-K Program Request for Proposals FY 2008 (Cited below as Pre-K RFP)

PreK Policy Brief #2: Assessment (May 2006)

Provisions Expressing State Policy on Preschool:

N.M. Stat. § 32A-23-2

The legislature finds that:

1. special needs are present among the state’s population of four-year-old children and those needs warrant the provision of pre-kindergarten programs;
2. participation in quality pre-kindergarten has a positive effect on children’s intellectual, emotional, social and physical development; and
3. pre-kindergarten will advance governmental interests and childhood development and readiness.

Gov. Bill Richardson’s 2005 State of the State, January 18, 2005

Too many children come to school at 5-years old with the development of a 3- or even 2-year old. These children are constrained to a life of great challenges and more obstacles to success. And that is simply not right. Every child deserves a chance to succeed in life.

We know that kids with quality early learning opportunities are more likely to graduate from high school, more likely to graduate from college, and more likely to earn higher income. And we know for every one dollar we invest in early education, we save seven dollars down the line in welfare, special education, and criminal justice costs. Our children deserve the chance for an early start on success. And this is proven to be the best investment we can make to give them limitless opportunity.

Gov. Bill Richardson’s 2006 State of the State, January 17, 2006

Kids who have access to pre-kindergarten have a better chance to succeed in school, get into college, and get a good-paying job later in life. However, we also know that too many of our children begin school under-prepared. Instead of a head start in life, they’re too often already a step behind. The achievement gap in our schools exists for many kids before they even start Kindergarten.

To ensure this doesn’t happen in New Mexico, I propose to expand access to Pre-Kindergarten, double the funding, and serve nearly 3,000 kids statewide. Many of the staunchest critics are now supporters. And many providers, who were once skeptical of pre-K, are now declaring it a success and calling for access for more kids.

Gov. Bill Richardson’s 2007 State of the State, January 16, 2007

Our Pre-Kindergarten program is essential to preparing all children to succeed and to narrow the achievement gap before kids reach kindergarten. We must double this effort from 2,200 to 5,000 four year olds statewide.

Eligibility Criteria for State Preschool Program:

Child Development Program

N.M. Stat. § 22-8-19.1(A)

The children, youth and families department shall fund preschool programs for zero- to five-year-old children in selected school districts.

Pre-Kindergarten Program

N.M. Stat. § 32A-23-3 Definitions

…E. "pre-kindergarten" means a voluntary developmental readiness program for children who have attained their fourth birthday prior to September 1. . . .

N.M. Stat. § 32A-23-5 Pre-Kindergarten Eligibility

Pre-kindergarten services may be provided …in communities with the highest percentage of public elementary schools that are designated as Title 1 schools and that serve the highest percentage of public elementary students who are not meeting the proficiency component required for calculating adequate yearly progress.

N.M. Stat. § 32A-23-6 Requests for Proposals

…D. For funding purposes, proposals shall be evaluated on the percentage and number of public elementary schools in the community that are not meeting the proficiency component…and that are serving children, at least sixty-six percent of whom live within the attendance zone of a Title I elementary school…

Program Length/Duration:

Pre-K Program Standards

PreK programs must provide a minimum of 540 hours of services for children/families including a minimum of 450 hours of classroom-based instruction and 90 hours for the following:

• at least one home visit early in the year;
• at least three parent conferences;
• at least two opportunities for parent group meetings for interaction, information and transition activities, and
• professional development, transition, or other activities required by NM PreK Program Standards.

Note: The Fiscal Impact Report on HR 337 notes that originally a full day program was proposed but that a 2.5 hour program is now envisioned, even at full implementation.

Scope of State’s Responsibility to Provide Preschool:

Child Development Program

N.M. Stat. § 22-8-19.1

A. The children, youth and families department shall fund preschool programs for zero- to five-year-old children in selected school districts. The children, youth and families department, through the office of child development, shall distribute any appropriation for this purpose to local entities upon approval by the children, youth and families department of an application from an individual school district or community-based early childhood education program. . . . [T]he preschool programs shall use one of the following three models:

(1) a community-based early childhood education program;

(2) a school-based early childhood education program; or

(3) a home-based early childhood education program.

B. . . . A home-based early childhood education program may include a parents-as-teachers program, which supports parents in meeting the developmental learning and social growth needs of their young children….

Pre-Kindergarten Program

N.M. Stat. § 32A-23-4(A) Voluntary Pre-Kindergarten

The children, youth and families department and the public education department shall cooperate in the development and implementation of a voluntary program for the provision of pre-kindergarten services throughout the state. …

N.M. Stat. § 32A-23-5 Pre-Kindergarten Eligibility

Pre-kindergarten services may be provided by public schools or eligible providers on a per-child reimbursement rate in communities with the highest percentage of public elementary schools that are designated as Title 1 schools and that serve the highest percentage of public elementary students who are not meeting the proficiency component required for calculating adequate yearly progress.

Scope of State's Responsibility to Fund Preschool:

Pre-Kindergarten Program

N.M. Stat. § 32A-23-6 Requests for Proposals

D. For funding purposes, proposals shall be evaluated on the percentage and number of public elementary schools in the community that are not meeting the proficiency component…and that are serving children, at least sixty-six percent of whom live within the attendance zone of a Title 1 elementary school. Additional funding criteria include:

(1) the number of four-year-olds residing in the community and the number of four-year-olds proposed to be served;

(2) the adequacy and capacity of pre-kindergarten facilities in the community…

Source of Funding for Preschool Program:

Child Development Program

N.M. Stat. § 22-8-19.1(A)

The children, youth and families department shall fund preschool programs for zero- to five-year-old children in selected school districts. The … department, through the office of child development, shall distribute any appropriation for this purpose to local entities upon approval by the children, youth and families department of an application from an individual school district or community-based early childhood education program.

Pre-Kindergarten Program

N.M. Stat. § 32A-23-7 Program Funding

The children, youth and families department shall reimburse eligible providers that are not offered in a public school. The public education department shall reimburse eligible providers that are public school programs.

N.M. Stat. § 32A-23-8 Funds Created—Administration

A. The "public pre-kindergarten fund" is created as a nonreverting fund in the state treasury. The fund shall consist of appropriations, income from investment of the fund, gifts, grants and donations. The fund shall be administered by the public education department, and money in the fund is appropriated to the department to carry out the provisions of the Pre-Kindergarten Act…

B. The "children, youth and families pre-kindergarten fund" is created as a nonreverting fund in the state treasury. The fund shall consist of appropriations, income from investment of the fund, gifts, grants and donations. The fund shall be administered by the children, youth and families department, and money in the fund is appropriated to the department to carry out the provisions of the Pre-Kindergarten Act…

L. 2005, Ch. 170, § 9. Temporary Provision—Appropriations

Any money appropriated for pre-kindergarten programs in fiscal years 2005 through 2007 shall be divided equally between the public education department and the children, youth and families department.

Pre-K RFP

For the purpose of preparing proposals, Applicants are to assume that the work required in the first year of the contract will be a per-child reimbursement rate of $2,624.95 (540 hours) plus a per-child instructional materials rate of $90. This is not a guarantee, and the actual work required may ultimately yield more or less than this amount. …

Pre-K FAQs

The funding is for the NM PreK time only. You cannot charge any tuition for this time period.

Scope of Child's Right to Attend Preschool:

No provisions to this effect.

Curriculum Content Standards for Preschool Program:

Child Development Program

N.M. Stat. § 22-8-19.1(C)

. . . The curriculum for each program shall comprehensively address the total developmental needs of the child, including physical, cognitive, social and emotional needs, and shall include aspects of health care, nutrition, safety, the needs of the family and multicultural sensitivity, in coordination with other resources for families.

N.M. Stat. § 32A-16-4

The child development board shall:

… H…develop and adopt program criteria for state-funded preschool programs serving children from birth to age five…

Pre-Kindergarten Program

N.M. Stat. § 32A-23-4 Voluntary Pre-Kindergarten

A….The pre-kindergarten program shall address the total developmental needs of preschool children, including physical, cognitive, social and emotional needs, and shall include health care, nutrition, safety and multicultural sensitivity.

Pre-K Program Standards

The PreK curriculum is to be determined by each program based on the following criteria:

1. research-based,
2. developmentally, culturally and linguistically appropriate,
3. inclusive of children with disabilities,
4. materials/experiences are linked to appropriate assessment,
5. includes both child and teacher initiated experiences,
6. input of families, and
7. linked to the community.

… Examples of appropriate published curricula are The Creative Curriculum, Bank Street Curriculum, and High Scope Curriculum.

Note: Draft Learning Outcomes have been developed, New Mexico’s Pre-K Learning Outcomes for 4- to 5-year-olds.

Pre-K FAQs

The NM PreK Early Learning Outcomes are the expected outcomes of the NM PreK program.

Teacher Certification/Qualification Standards for Preschool Program:

Pre-Kindergarten Program

N.M. Stat. § 32A-23-6 Requests for Proposals—Contracts for Services

…B….An eligible provider proposal shall include … a description of the qualifications and experience of the early childhood development staff for each site….

…D….Additional funding criteria include… staff professional development plans….

Pre-K Program Standards

The lead teacher in each PreK program classroom should hold a valid New Mexico Early Childhood Teacher License: Birth through Third Grade within 5 years. PreK programs not meeting this standard must demonstrate continual progress toward meeting a Professional Development Plan with approved timelines.

Teacher assistants should have an Associate’s Degree in early childhood education within 5 years. Teacher assistants in a CYFD program working toward their associate’s degree in early childhood education must have at least the 45-Hour Entry Level Certificate from the Office of Child Development. PreK programs not meeting this standard must demonstrate continual progress toward meeting a Professional Development Plan with approved timelines.

Pre-K FAQs 2006-2007

For CYFD programs, it is not required that you start with a licensed teacher. The PreKindergarten Program Standards that are posted on the CYFD web-site alongside the RFP outline the expectations for program personnel. Note that program standards require personnel to have a professional development plan that will result in a valid New Mexico Early Childhood Teacher License: Birth through Third Grade within five years for the lead teacher and an AA degree in early childhood education within five years for a teacher assistant. Teacher assistants must have at least the 45-Hour Entry Level Certificate.

Public school programs require licensed teachers. Three types of licensure satisfy this requirement: the Early Childhood Teacher license (birth through age eight), the Elementary Teacher license (K through grade eight) and the Special Education license (K through grade twelve).

Note: The Fiscal Impact Report prepared by the Legislative Finance Committee as part of its evaluation of the proposed pre-kindergarten program noted that these different teacher qualifications arising out of the new program, depending on setting, could create “program inequities.”

Other Quality Standards for Preschool Program:

Child Development Program

N.M. Stat. § 22-8-19.1(C)

Each preschool program shall have a strong parental involvement component, [and] a staff development component . . . .

Pre-Kindergarten Program

N.M. Stat. § 32A-23-3 Definitions

…D. "eligible provider" means a person licensed by the children, youth and families department….

N.M. Stat. § 32A-23-6 Requests for Proposals—-Contracts for Services

…B….An eligible provider proposal shall include … a description of the services that will be provided, including:

(1) how those services meet children, youth and families department standards;

(2) the number of four-year-old children the eligible provider can serve;

(3) site and floor plans and a description of the facilities….

…(6) the plan for communicating with and involving parents in the pre-kindergarten program;

(7) how those services meet the continuum of services to children; and

(8) other relevant information requested by the departments.

Pre-K Program Standards

Ideally, PreK programs outside the public schools have a Program Director with a valid New Mexico Early Childhood Teacher License: Birth through Third Grade and the Early Childhood Program Administrative Credential within the first 5 years of operation. PreK programs not meeting this standard must demonstrate continual progress toward meeting a Professional Development Plan with approved timelines.

… Programs refer PreK participants to community health providers able to provide assessments for each child prior to the beginning of PreK or within the first month of attendance. These are:

1. Physical examination
2. Current immunizations
3. Vision screenings
4. Hearing screenings
5. Dental screenings

Developmental Screening for each child is conducted prior to the 3rd month of attendance. Programs will work for early detection of children at risk for developmental delay.

… Programs will participate in the Child Care/School Lunch Program and provide meals and snacks meeting USDA requirements. All PreK programs must provide at least a snack. PreK programs meeting for more than 3 ½ hours per day must provide a meal.

…The maximum group size is 20 children.

The teacher-child ratio is 1:10 with one lead teacher and one assistant if the group size is 11 or more.

Pre-K RFP

Early Childhood Teacher Assistant: Assure that the group size for Pre-K early childhood personnel shall not exceed twenty children and that any early childhood staff with a class load of eleven to twenty children must have an early childhood teacher assistant who is qualified per NM PreK Program Standards.

Delivery of Preschool Services:

Child Development Program

N.M. Stat. § 22-8-19.1

A….The preschool programs shall collaborate, where possible, with existing headstart programs or with other appropriate early childhood education programs in the community. . . .

B. School districts may choose to contract with licensed community-based early childhood education programs already in existence. School-based early childhood education programs may be housed in a school accredited by the department of education….

Pre-Kindergarten Program

N.M. Stat. § 32A-23-3 Definitions

…D. "eligible provider" means a person licensed by the children, youth and families department that provides early childhood developmental readiness services or preschool special education, or is a public school, tribal program or head start program; …

N.M. Stat. § 32A-23-6 Requests for Proposals—Contracts for Services

…D….Additional funding criteria include…the capacity of local organizations and persons interested in and involved in programs and services for four-year-olds and their commitment to work together;…

N.M. Stat. § 32A-23-7 Program Funding

The children, youth and families department shall reimburse eligible providers that are not offered in a public school. The public education department shall reimburse eligible providers that are public school programs.

Pre-K Program Standards

PreK program staff meets quarterly with early care and education programs in the community to coordinate and strengthen existing early childhood programs and initiatives.

Pre-K RFP

Documentation of Collaboration and Use of Other Resources: Applicants must describe how resources from the provider, school district or community program will be used to support the program, including contractors, volunteers, non-profit organizations and other organizations.

Pre-K FAQs 2006-2007

We encourage all programs in a community to communicate and collaborate. Any eligible entity is encouraged to apply. The licensed non-public school programs can apply regardless of what schools apply and the district can have multiple programs attached to their application. When there is collaboration, you must demonstrate in the proposal how partners will collaborate and what partners have agreed to provide services– Memorandums of Understanding, Memorandums of Agreement, etc.

Requirements for Student Assessment and Program Evaluation:

Child Development Program

N.M. Stat. § 22-8-19.1.C

Each preschool program shall have . . . a procedural process to enable the office of child development to monitor and evaluate the program. . . .

N.M. Stat. § 32A-16-4

The child development board shall:

…I.…work with other state agencies to monitor the implementation of state-funded preschool program criteria.

Pre-Kindergarten Program

N.M. Stat. § 32A-23-4 Voluntary Pre-Kindergarten

…C. The departments shall monitor pre-kindergarten contracts to ensure the effectiveness of child-centered, developmentally appropriate practices and outcomes. The departments shall assign staff to work on the development and implementation of the program and on the monitoring of contract awards….

D. The departments shall provide an annual report to the governor and the legislature on the progress of the state's voluntary pre-kindergarten program.

PreK Policy Brief #2: Assessment

[The PreK Assessment] Task Force recommends … that the state implement the following assessment array:

1. CHILD ASSESSMENT. Criteria-referenced portfolio documentation should be used for every child in every New Mexico PreK program. Use of the New Mexico PreK Focused Portfolio is strongly recommended. The documentation and assessment tool must look at child growth and development in all major domains. It is used to inform purposeful practice in the PreK classroom, as a measure of each child’s progress in meeting New Mexico Early Learning Outcomes [as shown in the 2004 New Mexico Early Learning Plan] to communicate this progress to families and will be shared with the kindergarten teacher as each child enters kindergarten.

2. PROGRAM ASSESSMENT. Program evaluation should continue to be conducted by the CYFD and PED State Program Managers to ensure that programs are meeting the goals in the PreK proposals.

3. STATEWIDE ASSESSMENT. The State has contracted with a nationally recognized leader in the field, the National Institute of Early Education Research (NIEER), to assess the New Mexico PreK initiative as a whole. Their results should be used for statewide program evaluation by establishing baseline data (available fall 2006) from which the success of the New Mexico PreK initiative can be measured.