State Preschool Program

Overview

Since 2002, Nevada’s Early Childhood Education Comprehensive Plan (ECE) has funded prekindergarten programs through a competitive grant process. (The program is now also known as the Nevada Pre-Kindergarten Education Program.) Providers include public schools, Head Start centers, and community-based organizations, as well as the COW (Classroom on Wheels) bus.

Eligibility criteria are developed by each grantee, based on the unmet needs of the community, and current providers give priority to children from low-income families. Programs may serve all children below age 5, although most enrollees are 4-year-olds.

According to the National Institute for Early Education Research (NIEER), Nevada served 2% of all four-year-olds in its preschool program in 2005-2006. Funding for FY 2008 and FY 2009 is about $3.3 million each year.

State Policy

Nevada has no state policy on the provision of pre-kindergarten.

Eligibility Criteria

ECE funding is available for children younger than five as of September 30 of the program year, although most program participants are 4-year-olds. Grantees determine their own entrance criteria, based on poverty, homelessness, limited English proficiency, or other need-related indicators.

Program Length/Duration

ECE programs must meet at least ten hours a week.

Funding

For FY 2008 and FY 2009, the legislature has appropriated about $3.3 million a year.

Quality Standards

In a national survey of quality standards, the National Institute for Early Education Research (NIEER) gave Nevada’s preschool program a rating of 7 out of 10 for the 2005-2006 school. Starting in 2005, maximum class size was limited to 20 four-year-olds or 16 three-year-olds, with a minimum staff-child ratio of 1:10, meeting NIEER’s recommendations. The teacher degree requirements require a bachelor's degree as well as an early childhood education certificate or endorsement, although these standards do not apply to teachers employed in a prekindergarten program prior to July 2002. Assistant teachers only need a high school diploma, falling short of NIEER’s requirement for a CDA or an equivalent degree or certification. Site visits are required in Nevada, meeting NIEER’s benchmark for program monitoring. Parental support services are required, but vision, hearing, and health screenings are not mandatory, contrary to NIEER recommendations.

Nevada adopted comprehensive curriculum content standards for three- and four-year-olds—applicable beginning in 2005—that meet NIEER’s benchmark.

Delivery of Preschool Services

The Nevada ECE preschool program is administered by the Nevada Department of Education and operated through school districts and community-based organizations, including private child care centers, family childcare homes, and Head Start centers. ECE grants also go to the statewide Classroom on Wheels program, a bus-based mobile early childhood education classroom. ECE programs must collaborate and coordinate with existing programs and other community services.

Requirements for Student Assessment and Program Evaluation

Grantees must conduct a longitudinal evaluation of the effectiveness of their program on academic achievement, based on specific indicators and assessments required by the Department of Education. The Department must annually report to the Governor and Legislature on the performance of the preschool programs.

Legal Framework

Education Clause in State Constitution

The education clause of the Nevada constitution establishes the duty of the legislature to “provide for a uniform system of common schools” operating for at least six months a year.

Summary of Case Law on School Finance System

There is no case law addressing the constitutionally of the school finance system in Nevada. The state supreme court has deemed education to be a “basic constitutional right.”

Summary of Case Law on Preschool

There is no case law in Nevada addressing preschool issues.

Constitutional Provisions on Public Education

Nev. Const. Art. 11, § 1

The legislature shall encourage by all suitable means the promotion of intellectual, literary, scientific, mining, mechanical, agricultural, and moral improvements, and also provide for a superintendent of public instruction and by law prescribe the manner of appointment, term of office and the duties thereof.

Nev. Const. Art. 11, § 2

The legislature shall provide for a uniform system of common schools, by which a school shall be established and maintained in each school district at least six months in every year, and any school district which shall allow instruction of a sectarian character therein may be deprived of its proportion of the interest of the public school fund during such neglect or infraction, and the legislature may pass such laws as will tend to secure a general attendance of the children in each school district upon said public schools.

Nev. Const. Art. 11, § 6

1. In addition to other means provided for the support and maintenance of said university and common schools, the legislature shall provide for their support and maintenance by direct legislative appropriation from the general fund, upon the presentation of budgets in the manner required by law.

2. During a regular session of the Legislature, before any other appropriation is enacted to fund a portion of the state budget for the next ensuing biennium, the Legislature shall enact one or more appropriations to provide the money the Legislature deems to be sufficient, when combined with the local money reasonably available for this purpose, to fund the operation of the public schools in the State for kindergarten through grade 12 for the next ensuing biennium for the population reasonably estimated for that biennium.

3. During a special session of the Legislature that is held between the end of a regular session in which the Legislature has not enacted the appropriation or appropriations required by subsection 2 to fund education for the next ensuing biennium and the first day of that next ensuing biennium, before any other appropriation is enacted other than appropriations required to pay the cost of that special session, the Legislature shall enact one or more appropriations to provide the money the Legislature deems to be sufficient, when combined with the local money reasonably available for this purpose, to fund the operation of the public schools in the State for kindergarten through grade 12 for the next ensuing biennium for the population reasonably estimated for that biennium.

4. During a special session of the Legislature that is held in a biennium for which the Legislature has not enacted the appropriation or appropriations required by subsection 2 to fund education for the biennium in which the special session is being held, before any other appropriation is enacted other than appropriations required to pay the cost of that special session, the Legislature shall enact one or more appropriations to provide the money the Legislature deems to be sufficient, when combined with the local money reasonably available for this purpose, to fund the operation of the public schools in the State for kindergarten through grade 12 for the population reasonably estimated for the biennium in which the special session is held.

5. Any appropriation of money enacted in violation of subsection 2, 3 or 4 is void.

Case Law on the Right to Public Education and Preschool

Is Education a Fundamental Right under the State Constitution?

The courts in Nevada have not ruled on whether education is a fundamental right under the state constitution for Equal Protection purposes, but have deemed education to be a “basic constitutional right”: “Nevada's Constitution clearly expresses the vital role that education plays in our state in Article 11. … Our Constitution's framers strongly believed that each child should have the opportunity to receive a basic education. Their views resulted in a Constitution that places great importance on education. Its provisions demonstrate that education is a basic constitutional right in Nevada.” Guinn v. Legislature, 71 P.3d 1269, 1275, petition for reh’g dismissed 76 P.3d 22 (Nev. 2003), cert. denied Angle v. Guinn, __ U.S. __, 124 S.Ct. 1662 (No. 03-1037) (2004). See also Guinn v. Legislature, 76 P.3d 22, 32 (Nev. 2003) (“Our State Constitution's framers explicitly and extensively addressed education, believing strongly that each child should have the opportunity to receive a basic education”).

School Finance Cases in Favor of Plaintiffs:

None.

Standard for a Constitutionally Adequate Education:

None.

School Finance Cases against Plaintiffs:

None.

Decisions Ruling School Finance Issues Were Non-Justiciable:

None.

Cases Related to State-Funded Preschool:

None.

Pending School Finance Cases:

None.

Statutes, Regulations and Guidance Documents on State Preschool Program

A.B. 627, § 13, Public Schools Appropriations Bill (L. 2007, Ch. 343)

Nevada Administrative Code (Nevada Admin. Code) 391.087 et seq., Special Licenses and Endorsements for Early Childhood Education

See also:

Nevada Department of Education, Public Support of Prekindergarten Education For School Readiness in Nevada (August 2000) (cited below as Public Support of Prekindergarten Education)

Nevada Department of Education, Nevada Pre-Kindergarten Content Standards (2004),

Nevada Pre-Kindergarten Education Program Application (2007) (cited below as Pre-K Application)

Provisions Expressing State Policy on Preschool:

None.

Eligibility Criteria for State Preschool Program:

Pre-K Application

Required Program Components

Children enrolled in the program must be under Kindergarten age and within the traditional Pre-K age range of 3 – 5 years old. If a child is age eligible for Kindergarten (5 years old on or before September 30, 2007) within Fiscal Year 2008, then that child is not eligible to participate in the Nevada Early Childhood Education program during that year. This program is intended for pre-kindergarten children only.

Section III. Narrative

…I.     Demonstrate that the area to be served has a high percentage or large number of children and families in need of Pre-Kindergarten Education programs, as indicated by high levels of poverty, illiteracy, homelessness, limited English proficiency, or other need-related indicators.

J.          Demonstrate that this need (as described under I) is unmet in your community (e.g., there is no preschool available to these students who are zoned for our Title I Elementary school where 60% of our students are on free or reduced lunch).

…L.     Describe the program’s entrance criteria (based on need) for students. Who is eligible for pre-kindergarten services as based on demonstrated need, and what are the eligibility criteria? (e.g., Who - 3 and 4 year olds and at least one participating parent; Criteria – low-income families, living within school attendance area, 3 or 4 year olds and at least one parent.) …

Program Length/Duration:

Pre-K Application

An Early Childhood Education (ECE) program must be of sufficient intensity and duration: a minimum of 10 hours per week of ECE.

Scope of State’s Responsibility to Provide Preschool:

None.

Scope of State's Responsibility to Fund Preschool:

A.B. 627, § 13

2. The money transferred by subsection 1 must be used by the Department of Education for competitive state grants to school districts and community-based organizations for early childhood education programs.

Source of Funding for Preschool Program:

A.B. 627, § 13

1. The Department of Education shall transfer from the State Distributive School Account the following sums for early childhood education:

For the Fiscal Year 2007-2008              $3,251,671

For the Fiscal Year 2008-2009              $3,338,875

Scope of Child's Right to Attend Preschool:

Pre-K Application

A preschool child who is homeless must have equal access to the same public preschool programs as provided to other children and that child must be enrolled immediately (if space available), even if the child lacks records normally required for enrollment.

Curriculum Content Standards for Preschool Program:

Nevada Admin. Code 432A.430.  Preschools

1.  The licensee of a preschool shall have a program that includes:

(a) An assessment of each child’s individual needs and of activities which are suitable to his needs; and

(b) A comparison of each child’s actual growth, status and progress with his potential growth, status and progress.

2.  A licensee of a preschool must develop a specific plan for child care and instruction which is designed to achieve the following objectives:

(a) Successful adjustment of the child to an environment away from home;

(b) Familiarity of the child with a group setting;

(c) Development in the child of an interest and joy in learning;

(d) Development in the child of a feeling of security and individual success;

(e) Development of a child’s self-expression and self-control;

(f) Development of creativity in the child; and

(g) Development of a child’s sense of responsibility.

3.  A plan of the curriculum and a description of the methods of delivering instruction must be prepared by a licensee of a preschool. The plan must:

(a) Be made available for parental review;

(b) Be prepared before the program becomes effective;

(c) Be kept on file for at least 1 year;

(d) Include a program of speaking and listening to English;

(e) Include a program to develop a child’s awareness of basic mathematical concepts;

(f) Provide for the involvement of parents in learning activities at the preschool and at home;

(g) Provide for the development of a child’s skill in music, arts and crafts and pleasure received from these activities;

(h) Provide for the development of a child’s awareness of his natural surroundings and stimulate his curiosity about his environment; and

(i) Provide for increasing a child’s awareness of the need for good physical health, personal hygiene, exercise and nutrition.

4.  A licensee of a preschool must recognize each child’s individual level of development and provide an assortment of materials, equipment and activities broad enough to meet the social, emotional, physical and cognitive development of each child.

Programs must utilize the Nevada Pre-Kindergarten Content Standards that were adopted by the Nevada State Board of Education on March 10, 2004.

Sample:

Reading

Content Standard 1.0: Students know and use word analysis skills and strategies to comprehend new words encountered in text.

By the end of pre-kindergarten, students know and are able to:

1.PK.1 Recognize environmental print and symbols. …

Teacher Certification/Qualification Standards for Preschool Program:

Nevada Admin. Code 391.087

1. Except as otherwise provided in this section, a person must hold a special license or endorsement issued pursuant to NAC 391.088 [Qualifications for teaching pupils from birth through kindergarten] or 391.089 [Qualifications for teaching pupils from birth through second grade] before teaching in a program of instruction for prekindergarten pupils conducted by a public school or a private school licensed pursuant to chapter 394 of NRS.

2. The provisions of this section do not apply to a person who:(a) Holds an elementary license pursuant to the provisions of NAC 391.095;(b) On July 1, 2002, is employed full time teaching pupils in such a program; and(c) After July 1, 2002, is continuously employed full time teaching pupils in such a program.

Nevada Admin. Code 432A.430.  Preschools

6.  Every licensee of a preschool must have a person designated as its program director who develops and supervises the preschool’s curriculum. The person must be at least 21 years of age and:

(a) Have a bachelor’s degree in teaching or child development from an accredited college or university and have completed at least 12 semester hours of education, of which:

(1) At least 6 semester hours are in child development or in courses directly related to child development; and

(2) At least 6 semester hours are in child development, child psychology or education related to the health of children or in courses directly related to child psychology or education related to the health of children;

(b) Have at least 2 years of experience in a full-time, verifiable position, be a graduate of a 2-year educational course in child development and have completed at least 12 semester hours of education, of which:

(1) At least 6 semester hours are in child development or in courses directly related to child development; and

(2) At least 6 semester hours are in child development, child psychology or education related to the health of children or in courses directly related to child psychology or education related to the health of children;

(c) Have at least 2 years of experience in a full-time, verifiable position, be a graduate of a 1-year certified program of child development and have completed at least 12 semester hours of education, of which:

(1) At least 6 semester hours are in child development or in courses directly related to child development; and

(2) At least 6 semester hours are in child development, child psychology or education related to the health of children or in courses directly related to child psychology or education related to the health of children;

(d) Hold a current credential as a “Child Development Associate” issued by the Council for Early Childhood Professional Recognition, Washington, DC 20005; or

(e) Have a combination of education and experience which, in the judgment of the Chief, is equivalent to one of the requirements described in paragraphs (a) to (d), inclusive.

Pre-K Application

Each Early Childhood Education/Pre-K teacher responsible for providing direct instruction to early childhood students must fulfill the licensure requirements for teaching the pre-kindergarten population. Typically, this is an Early Childhood teacher’s license or an ECE endorsement on a teacher’s license.

Public Support of Prekindergarten Education, Page 12

A high quality prekindergarten program should:1. Employ teachers and other staff with training and experience in early childhood growth, development, and diversity, who have knowledge, skills, and expectations that are appropriate for the ages and stages of the children with whom they work, who model the behaviors they want from children, and who are certified in First Aid and CPR.2. Pay teachers comparable to K-12 salary scales so they will stay on the job and in the profession. Low turnover is important for children’s emotional attachments.

Other Quality Standards for Preschool Program:

Nevada Admin. Code 432A.430.  Preschools

1.  The licensee of a preschool shall have a program that includes:

(a) An assessment of each child’s individual needs and of activities which are suitable to his needs; and

(b) A comparison of each child’s actual growth, status and progress with his potential growth, status and progress.

2.  A licensee of a preschool must develop a specific plan for child care and instruction which is designed to achieve the following objectives:

(a) Successful adjustment of the child to an environment away from home;

(b) Familiarity of the child with a group setting;

(c) Development in the child of an interest and joy in learning;

(d) Development in the child of a feeling of security and individual success;

(e) Development of a child’s self-expression and self-control;

(f) Development of creativity in the child; and

(g) Development of a child’s sense of responsibility.

3.  A plan of the curriculum and a description of the methods of delivering instruction must be prepared by a licensee of a preschool. The plan must:

(a) Be made available for parental review;

(b) Be prepared before the program becomes effective;

(c) Be kept on file for at least 1 year;

(d) Include a program of speaking and listening to English;

(e) Include a program to develop a child’s awareness of basic mathematical concepts;

(f) Provide for the involvement of parents in learning activities at the preschool and at home;

(g) Provide for the development of a child’s skill in music, arts and crafts and pleasure received from these activities;

(h) Provide for the development of a child’s awareness of his natural surroundings and stimulate his curiosity about his environment; and

(i) Provide for increasing a child’s awareness of the need for good physical health, personal hygiene, exercise and nutrition.

…5.  A licensee of a preschool may allow the number of children stated on its license to participate in the program for 4 or fewer hours per day.

A.B. 627, § 13

4. A school district or community-based organization that receives a grant of money shall:

(a) Use the money to initiate or expand prekindergarten educational programs that meet the criteria set forth in the publication of the Department of Education, entitled “Public Support for Prekindergarten Education For School Readiness in Nevada,” published in August 2000 …

Public Support of Prekindergarten Education, Page 12

A high quality prekindergarten program should:

1. Employ teachers and other staff with training and experience in early childhood growth, development, and diversity, who have knowledge, skills, and expectations that are appropriate for the ages and stages of the children with whom they work, who model the behaviors they want from children, and who are certified in First Aid and CPR.

2. Pay teachers comparable to K-12 salary scales so they will stay on the job and in the profession. Low turnover is important for children’s emotional attachments.

3. Use behavior management techniques such as redirection, encouragement, modeling, and reinforcement; set realistic, clear limits; and encourage children to verbalize their feelings, wants, and needs.

4. Welcome children from diverse cultures, including those with disabilities, and employ teachers who represent the cultures and languages of the students and their families.

5. Provide universal access to preschool experiences for all families who want it, at no cost to the family or with fees on a sliding scale based on family income.

6. Ensure a small group size and a low ratio of children per teacher to assure individual attention and responsiveness to the needs of children.

7. Balance indoor/outdoor, active/quiet, speaking/listening, and group/individual activities.

8. Encourage many creative arts, such as painting, music, dance, and theater.

9. Read to children daily and provide other literary experiences to promote language development.

10. Arrange the environment so that children can build their own learning through concrete, active, uninterrupted play. Design indoor and outdoor environments that are beautiful, clean, safe, inviting, and interesting, with furnishings that are the appropriate size for the children.

11. Communicate formally, informally, and often with parents, encouraging them to be continually interested and involved in parent-child together time, policy making, volunteering, publicity, and other home-school partnerships.

12. Plan on-going staff training/personnel development as an integral part of the program.

13. Strive to meet NAEYC accreditation standards, holding regular staff meetings to address planning and implementation of those standards.

14. Implement a responsible, holistic accountability system, which includes assessments using observation, anecdotal records, skill assessment, and parent reports.

15. Require communication between preschool and kindergarten teachers to prepare for and assure continuity in the transition from one program to another.

Pre-K Application

A parental involvement component must be administered in conjunction with the Pre-K program.

…

Class sizes and child/staff ratios must not exceed the following NAEYC recommendations:

• Three year-olds are in groups of no more than 16 children with 2 adults
• Four year-olds are in groups of no more than 20 children with 2 adults
• Five year-olds are in groups of no more than 25 children with 2 adults
• Multi-age classrooms do not exceed class sizes or child/staff ratios for the age group with the largest representation
• Class sizes and ratios are based on enrollment at beginning of school year

Delivery of Preschool Services:

A.B. 627, § 13

2. The money transferred by subsection 1 must be used by the Department of Education for competitive state grants to school districts and community-based organizations for early childhood education programs.

In order to provide enhanced and comprehensive services to Pre-Kindergarten students and their families, Pre-K programs must demonstrate coordination with existing programs and/or community services through collaboration and cooperative efforts.

Requirements for Student Assessment and Program Evaluation:

A.B. 627, § 13

3. To receive a grant of money pursuant to subsection 2, school districts and community-based organizations must submit a comprehensive plan to the Department of Education that includes, without limitation:

… (c) A plan for the longitudinal evaluation of the program to determine the effectiveness of the program on the academic achievement of children who participate in the program.

4. A school district or community-based organization that receives a grant of money shall:

… (d) Submit a longitudinal evaluation of the program in accordance with the plan submitted pursuant to paragraph (c) of subsection 3. …

5. The Department of Education shall develop statewide performance and outcome indicators to measure the effectiveness of the early childhood education programs for which grants of money were awarded pursuant to this section. In developing the indicators, the Department shall establish minimum performance levels and increase the expected performance rates on a yearly basis, based upon the performance results of the participants. The indicators must include, without limitation:

(a) Longitudinal measures of the developmental progress of children before and after their completion of the program;

(b) Longitudinal measures of parental involvement in the program before and after completion of the program; and

(c) The percentage of participants who drop out of the program before completion.

6. The Department of Education shall review the evaluations of the early childhood education programs submitted by each school district and community-based organization pursuant to paragraph (d) of subsection 4 and prepare a compilation of the evaluations for inclusion in the report submitted pursuant to subsection 7.

7. The Department of Education shall, on an annual basis, provide a written report to the Governor, Legislative Committee on Education and the Legislative Bureau of Educational Accountability and Program Evaluation regarding the effectiveness of the early childhood programs for which grants of money were received. The report must include, without limitation:

(a) The number of grants awarded;

(b) An identification of each school district and community-based organization that received a grant of money and the amount of each grant awarded;

(c) For each school district and community-based organization that received a grant of money:

(1) The number of children who received services through a program funded by the grant for each year that the program received funding from the State for early childhood programs; and

(2) The average per child expenditure for the program for each year the program received funding from the State for early childhood educational programs;

(d) A compilation of the evaluations reviewed pursuant to subsection 6 that includes, without limitation:

(1) A longitudinal comparison of the data showing the effectiveness of the different programs; and

(2) A description of the programs in this State that are the most effective;

(e) Based upon the performance of children in the program on established performance and outcome indicators, a description of revised performance and outcome indicators, including any revised minimum performance levels and performance rates; and

(f) Any recommendations for legislation.

Nevada Admin. Code 432A.430.  Preschools

1.  The licensee of a preschool shall have a program that includes:

(a) An assessment of each child’s individual needs and of activities which are suitable to his needs; and

(b) A comparison of each child’s actual growth, status and progress with his potential growth, status and progress.

Pre-K Application

Program Evaluation: Required Indicators

A key component of the evaluation is the use of quality indicators of program delivery and program outcomes to describe the projects and to evaluate their effectiveness. In fact legislation directs the Department of Education to develop statewide performance and outcome indicators to measure the effectiveness of the early childhood education programs. The indicators must include:

• Measures of the developmental progress of children before and after their completion of the program;
• Measures of parental involvement in the program before and after completion of the program; and
• The percentage of participants who drop out of the program before completion.

Rather than developing new performance and outcome indicators for early childhood education, it was determined that the Pre-K programs would use the existing indicators developed and used by Even Start programs. Therefore as part of the evaluation system, the Department of Education requires each Pre-K Education program to use the following indicators on participant outcomes:

• Early Childhood Education Indicator 1: Seventy-five percent (75%) of Early Childhood Education children with a minimum of four months of participation will increase their standard scores in receptive and expressive language skills tests.
• Parenting Skills Indicator 1: Ninety percent (90%) of participating adults enrolled in Early Childhood Education for at least four months will meet at least one goal related to parenting skills (e.g., developmental appropriateness, positive discipline, teaching and learning, care-giving environment) within the reporting year.
• Parent and Child Together Time (PACT) Indicator 2: Sixty percent (60%) of first-year Early Childhood Education parents will increase the amount of time they spend with their children weekly within a reporting year.
• Parents and Children Reading Together Indicator 3: Sixty percent (60%) of first-year Early Childhood Education parents will increase the amount of time they spend reading with their children within a reporting year.

Required Assessments

•     Early Childhood Assessment Instruments

     Peabody Picture Vocabulary Test – 4 (PPVT – 4) and the Expressive One Word Picture Vocabulary Test (EOWPVT).

•     Parent Involvement

      All projects must collect data on the project’s parent involvement activities.